scholarly journals Regulation and consumer protection of fintech in Indonesia

2021 ◽  
Vol 6 ◽  
pp. 49-63
Author(s):  
Afif Noor ◽  
Haniff Ahamat ◽  
Ismail Marzuki ◽  
Dwi Wulandari ◽  
Akhmad Arif Junaidi ◽  
...  
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Certainty ◽  
Analysis Method ◽  
Legal Reforms ◽  
Consumer Rights ◽  
The Law ◽  
Laws And Regulations

Islamic fintech lending regulation and consumer protection are important matters that serve as behavioral guidelines and guarantee the fulfillment of consumer rights. Islamic fintech lending has high risks, such as default, sharia compliance, and implementation of dispute resolution. This study aims to find and analyze the regulation and protection of Islamic fintech lending consumers in Indonesian laws and regulations. This research is normative juridical research that examines the law as a norm in legislation by using secondary data which is analyzed qualitatively by descriptive analysis method. Normatively, there are no regulations that specifically regulate or contain Islamic fintech lending. Thus, consumer protection is also weak. Policymakers must carry out legal reforms by issuing laws or regulations that regulate Islamic fintech lending and its business activities to realize legal certainty, justice, and benefit.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals PKPU Policy Number 20 of 2018 Concerning the Prohibition of Former Corruptors as Legislative Candidates in the 2019 General Election

2021 ◽  
Author(s):  
B Bahrudin ◽  
H Hidayatullah
Keyword(s):  
Data Processing ◽  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
General Election ◽  
Data Sources ◽  
Political Ethics ◽  
The Law ◽  
Laws And Regulations ◽  
Legal Force

This research was conducted to analyse the prohibition of former corruptors’ ability to become legislative candidates based on PKPU Policy Number 20 of 2018, in terms of synchronizing the policy with higher laws and examining it from the perspective of political ethics and legal politics in eradicating corruption in Indonesia. The research method adopted was normative juridical, and the types and sources of data used were secondary data, applying data sources from primary, secondary, and tertiary legal materials. The results of data processing are presented in the descriptive analysis. The outcomes of this research indicate that the synchronization of PKPU policy law No. 20 of 2018 regarding the disallowance of ex-corruptors from becoming legislative candidates clash with higher laws and regulations, namely Law Number 7 of 2017 regarding elections in conjunction with Law Number 12 of 2011 about the formation of laws and regulations. Therefore, the conclusion of the KPU regulations has no binding legal force. The actualization of a fair and sovereign election requires all policymakers’ support, especially in the enforcement and application of political ethics and the law to eliminate corruption in Indonesia. Keywords: policy, ex-corruptors, legislative candidate, election

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

scholarly journals Discourses of Legal Certainty in Execution of Administrative Court Decision

2019 ◽  
Vol 2 (2) ◽  
pp. 89
Author(s):  
Nyoman Martana ◽  
Putu Ade Hariestha Martana ◽  
Kadek Agus Sudiarawan ◽  
Bagus Hermanto
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Empirical Method ◽  
Court Ruling ◽  
Legal Certainty ◽  
Law System ◽  
Government Administration ◽  
Procedural Law ◽  
The Law

After the enactment of the Law of Government Administration implied the regulation concerning the execution of the Administrative Court Judgment. Some pro-cons academic and practice discourses, arguing that the enactment of the Law of Government Administration is the culminating point from the limited role of the Administrative Court on enforcing  the administrative law and the argument that the regulation of the Law of Government Administration contains various ambiguities norms in concern with implementation in the Administrative Procedural Law System. This study aims to analyze and discuss concerning the regulation of the provisions of the Administrative Court Ruling execution, constrains in judgment execution and the legal certainty for the justice seekers in the provisions of the Administrative Court Ruling execution after the enactment of the Law of Government Administration. This paper is using a normative and empirical method. The data that using consisted of primary and secondary data, were analyzed using qualitative methods. This study result is presented in a descriptive analysis paper.

scholarly journals Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 871
Author(s):  
Pulung Jati Kusuma ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Analysis Method ◽  
Estate Property ◽  
The Law ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.

MEWUJUDKAN PERLINDUNGAN HUKUM DAN JAMINAN KEPASTIAN HAK KONSUMEN MUSLIM TERHADAP PRODUK HALAL (SUATU KAJIAN AJARAN GUSTAV RADBRUCH)

2020 ◽  
Vol 7 (1) ◽  
pp. 38
Author(s):  
Syafrida Syafrida ◽  
Ralang Hartati
Keyword(s):  
Legal Protection ◽  
Added Value ◽  
Legal Certainty ◽  
Consumer Rights ◽  
The Law ◽  
Laws And Regulations

AbstrakTujuan Hukum menurut Ajaran Gustav Radbruch adalah memberikan keadilan, kepastian hukum dan kemanfataan. Penyelenggaran produk halal yang bertujuan untuk memberi perlindungan hukum hak konsumen terhadap produk halal. Pelaku usaha dalam menjalan kegiatan usahannya harus bertindak adil artinya peaku usaha tidak melakukan perbuatan yang melanggar hak konsumen terhadap produk halal. Keadilan akan dapat diwujudkan jika didukung oleh regulasi yang memberikan kepastian hukum dalam penyelenggaran produk halal untuk melinduk hak konsumen muslim. Penyelenggaran produk halal yang didukung oleh unsur keadilan dan kepastian hukum peraturan perundang- undangan yang berkaitan dengan produk halal akan memberi manfaat melindungi hak konsumen muslim terhadap produk halal dan bermanfaat bagi pelaku usaha karena logo halal yang terdapat pada produk akan meningkatkan nilai tambah penjualan pelau usaha sehingga memberi keuntungan bagi pelaku usaha.Kata kunci, ajaran Gustav Radbruch, perlindungan, konsumen muslim  Abstract He purpose of the Law according to Gustav Radbruch's Teachings is to provide justice, legal certainty and humanity. Holding halal products that aim to provide legal protection for consumer rights to halal products. Business actors in carrying out their business activities must act fairly, meaning businesspeople do not commit acts that violate consumer rights to halal products. Justice will be realized if it is supported by regulations that provide legal certainty in the implementation of halal products to protect the rights of Muslim consumers. Holding halal products supported by justice and legal certainty of laws and regulations relating to halal products will provide benefits to protect Muslim consumers' rights to halal products and benefit business actors because the halal logo on the product will increase the added value of sales of business pelau so benefit the business actor. Keywords, the teachings of Gustav Radbruch, protection, Muslim consumers

scholarly journals Institutional framework of collective consumer protection in the Republic of Serbia: Condition and perspectives

Pravni zapisi ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 214-233
Author(s):  
Jovana Popović
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Institutional Framework ◽  
Administrative Procedure ◽  
Consumer Rights ◽  
Low Costs ◽  
The Law ◽  
The Republic ◽  
Judicial Protection

The paper presents the system for protection of consumers' collective interests in the Republic of Serbia and its development perspectives. The paper relies on certain results of the research conducted at the Union University School of Law, as well as on specific comparative legal approaches. The Law on Consumer Protection introduced an administrative procedure for collective consumer protection. Contended arguments in favour of that change were efficiency and low costs of administrative procedure. In practice, administrative protection has proven to be more effective than judicial protection, but the effect of deterring traders from actions that violate consumer rights has not been fully achieved. In that sense, the existing system of protection of consumers' collective interests in Serbia can be improved by modifying certain administrative measures and by introducing specific forms of alternative dispute resolution in Serbian consumer legislation. The novelties brought by the Directive on Representative actions, whose adoption can be expected very soon, have also been presented in the paper.

scholarly journals Uang tutup babah as a customary dispute resolution in gayonese community

2018 ◽  
Vol 52 ◽  
pp. 00043
Author(s):  
Shira Thani ◽  
Alvi Syahrin
Keyword(s):  
Dispute Resolution ◽  
Positive Impact ◽  
Customary Law ◽  
Deterrent Effect ◽  
Legal Certainty ◽  
Sociological Jurisprudence ◽  
Impact Theory ◽  
The Law ◽  
Laws And Regulations

There are several customary sanctions which are often imposed in customary dispute resolutions in Gayonese community. One of them is uang tutup babah (hush money). It is a payment to resolve customary dispute between parties. However, it is not yet regulated in laws and regulations related to customary law. This paper will discuss the legal strength of decision of uang tutup babah in a customary dispute resolution and its impact. Theory of sociological jurisprudence, theory of harmonization and theory of criminalization were used in this study. In general, uang tutup babah means hush money. It is a customary dispute resolution in some customary communities in Gayo. Although the sanction, uang tutup babah, it is not yet regulated by law on customary institutions, it is often used by parties involved in the dispute to resolve their problem because it has a positive impact on communities. It is also believed that it gives a deterrent effect to the perpetrator. Since this has been done repeatedly and community accept it as a sanction, it should be included in the law to ensure that it gives legal certainty and has legal strength.

scholarly journals Legal Protection Effort towards Mark Owner from the Share-in Jar Cosmetic Trade

2021 ◽  
Vol 3 (1) ◽  
pp. 26-39
Author(s):  
Sheril Firdausy ◽  
Anajeng Esri Edhi Mahanani
Keyword(s):  
Dispute Resolution ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Analysis Method ◽  
License Agreement ◽  
Literature Study ◽  
Legal Research ◽  
The Government ◽  
Legal Consequences ◽  
Laws And Regulations

This study aims to analyze and understand the legal protection towards the mark owner from the share-in jar cosmetic trade and the legal consequences for business actors who do share-in jar cosmetic trade. The type of legal research used in this study is a normative juridical legal research method. The data collection in this study was conducted through a literature study from the laws and regulations, journals, research results, and books. The data analysis used in this research is the descriptive analysis method. The results of the study show that the legal protection towards the mark owner from the share-in jar cosmetic trade can be carried out through preventive and repressive legal protection efforts. Legal protection efforts are preventively carried out by registering the mark to get legal protection as a legal mark owner. Repressive legal protection efforts for trademarks can be done by litigation dispute resolution and non-litigation dispute resolution. The legal consequences for business actors who do share-in jar cosmetic trade are compensate for damages and/or ceasing all acts related to mark use. Therefore, it is recommended to the mark owner to provide cosmetics with trial or sample sizes. In this case, so that consumers try first about their compatibility with these cosmetics. On the other hand, business actors doing share-in cosmetic jar trade must make a license agreement with the mark owner. Furthermore, the government needs to include criteria for violations of right on mark in laws and regulations. This is purpose to increase legal protection towards the mark owner from the share-in jar cosmetic trade in the future.

scholarly journals Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian

2021 ◽  
Vol 21 (4) ◽  
pp. 517
Author(s):  
Jeremy Emmanuel Purba
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Ratio Decidendi ◽  
The Law ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.

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