Execution of Motor Vehicle Fiduciary Assurance by Debt Collector

This study aims to find out and analyze the validity of the execution of Fiduciary Assurance by the Debt Collector in the form of objects of motor vehicle Fiduciary Assurance associated with the Fiduciary Guarantee Act and Financial Services Authority Regulations and legal protection against Debtors in the execution of the Fiduciary Guarantee by the Debt Collector. The results showed that: The validity of the execution of the Fiduciary Guarantee by the Debt Collector on motor vehicle Fiduciary Assurance objects was associated with the Fiduciary Guarantee Act and Financial Services Authority Regulation, namely: Dept. Colecctor who did not fulfill formal juridical Article 50 Regulation of the Financial Services Authority Number 29/POJK.05/2014 concerning Business Management of Financing Companies is formal juridical disability, so that all actions taken by the Debt Collector in carrying out its duties as long as it is about the execution of fiduciary guarantees have an unauthorized or irrevocable effect. Whereas if the fiduciary guarantee is not registered then it is null and void because the fiduciary deed has a time limit for registration, null and void considered never existing. It is considered never existed because it involves object certainty, and legal protection against debtors in the execution of Fiduciary Guarantees by the Debt Collector, namely: in the form of preventive legal protection including the obligation of financial institutions to register fiduciary collateral objects and employ Debt Collectors who fulfill formal juridical requirements in accordance 50 Regulation of the Financial Services Authority Number 29/POJK.05/2014 concerning Business Operations of Financing Companies. Whereas Repressive legal protection can be in the form of errors committed by the Colector Dept. can be in the form of a matter, firstly, the business license of the Financing Company can be revoked, the second is civilly the Business Entity of the Financing Company can be compensated and the third is Criminal Debt Collector can be imposed Article 365 The Criminal Code as long as the criminal elements are fulfilled have the ability to be responsible.

Download Full-text

LEGAL PROTECTION OF CONSUMERS ON FINTECH-BASED BUSINESS LOANS FOR SMALL AND MEDIUM ENTERPRISES (UMKM)

Indonesian Private Law Review ◽

10.25041/iplr.v1i2.2059 ◽

2020 ◽

Vol 1 (2) ◽

Author(s):

Mellisa Rahmaini Lubis

Keyword(s):

Venture Capital ◽

Financial Institutions ◽

Consumer Protection ◽

Financial Services ◽

Service Providers ◽

Small And Medium Enterprises ◽

Legal Protection ◽

Services Sector ◽

Medium Enterprises ◽

Legal Consequences

Consumers loses have occurred in the practice of Fintech-based loans by non-bank financial institutions. The reports of losses arising from Fintech transactions has increased. This is because many Fintech organizers have not received permission from the OJK but are still able to conduct business activities in Indonesia. The problem in this study is: How is the supervision by the Financial Services Authority (OJK) of non-bank financial institutions providing fintech-based venture capital lenders for MSMEs? And how is the legal consequences of fintech-based business capital loan services for MSME entrepreneurs. The study used normative legal approach and the data analyzed by descriptive qualitative. The results of this study indicate that supervision by the OJK of non-bank financial institutions providing fintech-based venture capital lenders for SMEs as a form of legal protection to consumers. It is carried out in the form of preventive and repressive protection. Preventive protection is implemented by enacting OJK Regulation Number 77 / POJK.01 / 2016, OJK Circular Letter Number 18 / SEOJK.02 / 2017 and OJK Regulation Number 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector. Repressive protection is by applying sanctions against fintech organizers who commit violations in the form of written warnings and fines; restrictions on business activities; and revocation of permission. The legal consequences arising from fintech-based business capital loan services for SMEs to fintech providers are required to improve standards and meet consumer protection aspects. The legal consequence for MSMEs is the potential for fraud and misuse of consumer data by Fintech service providers.

Download Full-text

Legal Protection for Customers Victims of Savings Account Break-ins Crime

International Journal of Social Science and Human Research ◽

10.47191/ijsshr/v4-i10-34 ◽

2021 ◽

Vol 04 (10) ◽

Author(s):

Jeane Stevani Risdianto ◽

Keyword(s):

Financial Services ◽

Research Method ◽

Legal Protection ◽

Criminal Code ◽

Third Parties ◽

Legal Principles ◽

Savings Accounts ◽

Civil Lawsuits ◽

Criminal Charges

This study aimed to analyze the role of Bank Indonesia (BI) and the Otoritas Jasa Keuangan (OJK) of the banking activities in Indonesia and to analyze the legal protection of bank customers. There are two issues discussed in this study, the first regarding the role of OJK and Bank Indonesia in supervising crime in the banking world and the second regarding legal protection for customers victims of savings accounts break-ins crime. The research method used was normative juridical, by studying and reviewing legal principles derived from library materials. The discussions that were discussed in this article were how the role of OJK and Bank Indonesia in supervising crime in the banking world and how legal protection is for customers who are victims of savings account burglary in Indonesia. The Otoritas Jasa Keuangan regulation (PJOK) also requires banks to compensate for losses suffered by customers. Article 29 PJOK Number 1/PJOK.07/2013 states "Otoritas Jasa Keuangan is required to be responsible for Consumer losses arising from errors and/or negligence, management, employees of Financial Services Business Actors and/or third parties working for the interests of the Financial Services Providers. Financial Services Business. Lawsuits that can be pursued through the courts can be in the form of criminal charges or civil lawsuits. Embezzlement of bank customer deposits may be subjected to Article 372 and Article 374 of the Criminal Code (KUHP).

Download Full-text

Role of Financial Service Authorities on Legal Protection of The Sharia Banks Customers in Indonesia

Rechtsidee ◽

10.21070/jihr.v5i2.66 ◽

2019 ◽

Vol 5 (2) ◽

Author(s):

Sri Astutik

Keyword(s):

Financial Institutions ◽

Financial Services ◽

Legal Protection ◽

Financial Service ◽

Standard Of Living ◽

Bank Supervision ◽

The People ◽

Optimal Protection

Sharia Bank is a bank that runs its business activities based on sharia principles, in the collection of funds and the distribution of funds, in order to serve the needs of society and improve the standard of living of the people. Various banking problems, such as not yet optimal protection of consumer financial services (bank customers), therefore it is necessary to supervise the operational banking activities. The purpose of bank supervision is to protect the interest of the savers who entrust their funds to the bank. Based in Law Number 21 of 2011 on the Authority of Financial Services, the arrangement and supervision of financial institutions becomes the authority of the Financial Services Authority. This supervision is also applied to banks with sharia principles. In this paper will discuss the Financial Services Authority oversight in the application of the principle of legal protection for customers in sharia banks.

Download Full-text

PERLINDUNGAN HUKUM BAGI PEMBERI PINJAMAN ATAS RISIKO KREDIT DALAM PELAKSANAAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING)

Jurnal Hukum Mimbar Justitia ◽

10.35194/jhmj.v6i2.1268 ◽

2020 ◽

Vol 6 (2) ◽

pp. 129

Author(s):

Indah Kusuma Wardhani ◽

Fawzia Apriandini

Keyword(s):

Credit Risk ◽

Financial Institutions ◽

Financial Services ◽

Legal Protection ◽

Peer To Peer ◽

Services Sector ◽

Financial Services Sector ◽

Peer Lending ◽

Very High ◽

Financial Technology

The fastest growing financial technology (fintech) in Indonesia is peer to peer lending, where customers could obtain loans in a simple, easy, and fast way, yet without collateral. However, in practice, peer to peer lending has a very high credit risk because the ability of fintech companies in assessing prospective loan recipients is not as good as other financial institutions. Therefore, preventive and repressive legal protection are needed, especially for lenders, which are regulated in OJK Regulation Number 77/POJK.01/2016 concerning the Implementation of Information Technology-Based Lending and Borrowing and OJK Regulation Number 1/POJK.07/2013 concerning Consumers’ Protection in Financial Services Sector. With the two OJK Regulations, lenders have received sufficient legal protection, but it must be further strengthened, especially in terms of credit risk mitigation.Keywords: Legal Protection for Lenders, Peer To Peer Lending, Credit Risk

Download Full-text

Implementation of Legal Aid to Debtors Due to Arrears in Motor Vehicle Installments Executed by Debt Collectors as Impact of the Covid-19 Pandemic

The Indonesian Journal of International Clinical Legal Education ◽

10.15294/ijicle.v3i4.48295 ◽

2021 ◽

Vol 3 (4) ◽

pp. 445-464

Author(s):

Widya Kurnia Sulistyowati

Keyword(s):

Motor Vehicle ◽

Legal Protection ◽

Third Party ◽

Equal Treatment ◽

Legal Service ◽

Legal Aid ◽

Debt Collectors ◽

The Law ◽

Constitutional Right ◽

The Right

Based on Law No. 16 of 2011 on Legal Aid, Article 1 paragraph (1) states that Legal Aid is a legal service provided by legal aid providers free of charge to Legal Aid Recipients. Legal aid is a guarantee of legal protection and a guarantee of equality before the law, which is a constitutional right for every citizen. Because, the constitution guarantees the right of every citizen to get equal treatment before the law, including the right to access justice through legal aid. Due to the Covid-19 pandemic, many people are asking for legal assistance related to the case of installment billing by debt collectors. The debt collector itself is a third party, which has an agreement with the financing institution to make efforts to force the collection of debtor vehicles because it has not paid installments as agreed. The result of this paper is that under these circumstances there is another legal remedy, namely restructuring.

Download Full-text

LEGISLASI PERLINDUNGAN HUKUM TERHADAP FENOMENA FINANCIAL TECHNOLOGY PEER TO PEER LENDING DI INDONESIA

Jurnal Hukum dan Pembangunan Ekonomi ◽

10.20961/hpe.v9i1.52609 ◽

2021 ◽

Vol 9 (1) ◽

pp. 80

Author(s):

Nur Afifah Aminuddin

Keyword(s):

Financial Institutions ◽

Financial Services ◽

Legal Protection ◽

Peer To Peer ◽

Legal Issues ◽

Conceptual Approach ◽

The Public ◽

Use Of Technology ◽

Peer Lending ◽

Financial Technology

Financial technology is the implementation of the use of technology to improve banking and financial services. The emergence of Fintech-based companies, especially those offering lending and borrowing services or Peer To Peer Lending (P2PL) is currently getting the attention of the public and regulators. P2PL-based fintech services are one of the solutions for limited access to financial services in the country and realizing financial inclusion through synergies with financial institutions and technology companies. With the development of fintech peer to peer lending, illegal fintech problems arise which are detrimental to society, so it is necessary to study the legal protection of the regulations that govern it, and how to resolve disputes against it This research is normative by examining legal issues regarding legal protection for consumers and fintech peer to peer lending services and dispute resolution in the fintech business. The research method used includes a statue approach and a conceptual approach.Keywords : Legal Protection, Financial Technology Peer to Peer Lending. Financial technology merupakan implementasi dari pemanfaatan teknologi untuk peningkatan layanan jasa perbankan dan keuangan. Kemunculan perusahaan-perusahaan berbasis Fintech terutama yang menawarkan layanan pinjam meminjam uang atau Peer To Peer Lending (P2PL) saat ini semakin mendapatkan perhatian publik dan regulator. Layanan fintech berbasis P2PL menjadi salah satu solusi terbatasnya akses layanan keuangan di tanah air dan mewujudkan iklusi keuangan melalui sinerginya dengan istitusi-institusi keuangan dan perusahaan-perusahaan teknologi. Semakin berkembangnya fintech peer to peer lending timbul permasalahan fintech illegal yang banyak merugikan masyarakat, maka itu perlu dilakukan kajian perlindungan hukum terhadap regulasi yang mengaturnya, serta bagaimana penyelesaian sengketa terhadapnya. Penelitian ini bersifat normatif dengan mengkaji isu hukum tentang perlindungan hukum terhadap konsumen dan layanan fintech peer to peer lending dan penyelesaian sengketa pada bisnis fintech. Metode penelitian yang digunakan meliputi pendekatan undang-undang (statue approach) dan pendekatan konseptual (conceptual approach). Kata Kunci : Perlindungan hukum, financial technology peer to peer lending.

Download Full-text

PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN PEMBEBANAN JAMINAN FIDUSIA

UNES Law Review ◽

10.31933/unesrev.v2i3.124 ◽

2020 ◽

Vol 2 (3) ◽

pp. 299-320

Author(s):

Subadra Yani

Keyword(s):

Consumer Protection ◽

Financial Services ◽

Motor Vehicle ◽

Legal Protection ◽

Field Studies ◽

Motor Vehicles ◽

Primary Data ◽

Consumer Protection Act ◽

Finance Company ◽

Library Studies

Consumer financing is financing activities for the procurement of goods based on consumer needs with installment payments regulated in Article 1 number 7 of Presidential Regulation No. 9 of 2009 concerning Financing Institutions. To reduce losses if debtors default, the financing of motor vehicle consumers is charged with fiduciary guarantees regulated in Law Number 42 of 1999 concerning Fiduciary guarantees. In practice, the implementation of consumer financing for motor vehicles often results in problems that harm the debtor (consumer) especially when the acquisition of fiduciary collateral items if the debtor (consumer). therefore it is necessary to conduct research on how the legal protection of debtors in consumer financing agreements with the imposition of fiduciary guarantees. The data used are secondary supporting data collected through library studies and primary data as supporting data conducted through field studies using interview techniques. The results of the study found that: legal protection for debtors in consumer financing agreements with the imposition of fiduciary guarantees has been regulated in several relevant laws and regulations, namely the Consumer Protection Act, the Fiduciary Guarantee Act, the Financial Services Authority Act and the implementing regulations. If a consumer is harmed by a finance company, the debtor (consumer) can sue the finance company because of an unlawful act and may even ask for a criminal act.

Download Full-text

UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v9no3.603 ◽

2016 ◽

Vol 9 (3) ◽

Author(s):

Alfan Alfian

Keyword(s):

Law Enforcement ◽

Human Trafficking ◽

Legal Protection ◽

Criminal Code ◽

Social Climate ◽

Trafficking In Persons ◽

The Third ◽

Law Enforcement Officials ◽

Victims Of Crime ◽

The Government

Human trafficking is increasingly organized, the more troublesome the government to provide protection to the victim, because the crime became transnational, structured and systematic. From this incident it is important to be studied more deeply about the protection of victims of crime of trafficking in persons. The objective is to determine how the protection of victims of human trafficking crimes / human and determine the factors that constrain the government in protecting victims of human trafficking/ human. Legal protection against the crime of trafficking in persons in Indonesia is already regulated in such a way, but in terms of implementation of law enforcement, officials and government are still not seriously implies. Legal product that became a major locomotive and excellent law enforcement that the Criminal Code still not yet gives tendencies favor of the victim, because the product is still offering an abstract clause related casualties represented only by the state. Factors causing the difficulty of protection is not only on the government alone but the victims themselves who sometimes do omission because the first one is not able to react to deviations, the second, the victim or entity other controls may fear there will be a result of the more serious because of such conflict, the third, indifference has become a social climate that is caused by the absence of extensive reaction.Keywords: Crime, Legal Protection, Human Trafficking

Download Full-text

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

Download Full-text