scholarly journals Perjanjian Pinjaman Online Berbasis Financial Technology (Fintech)

2021 ◽  
Vol 2 (2) ◽  
pp. 320-325
Author(s):  
Ni Made Eka Pradnyawati ◽  
I Nyoman Sukandia ◽  
Desak Gde Dwi Arini

Financial Technology (Fintech) is a technology alternative that facilitates loan transactions that can be done online. Online loans create new problems such as rampant fraud and default. Referring to the problems described, this research was conducted with the aim of explaining the legal position of financial technology-based online loan agreements (Fintechl), and knowing the legal protection of creditors who provide financial technology-based online loans (Fintech). This research used normative legal research. Sources of data are primary and secondary legal materials, data are combined with recording techniques in obtaining primary and secondary legal materials, namely examining several reading materials such as journals, scientific books and statutory regulations. After the data is collected, it is then analyzed qualitatively. The result showed that the legal position of online loan agreements based on financial technology (Fintech) when reviewed legally, the online agreement is legally valid because it has a basis, namely Article 1320 of the Civil Code and the validity of the evidence used refers to law Number 11 of 2008 concerning Article 5 of the ITE Law on information, documents and electronic signatures. Legal protection for creditors in an online loan agreement based on financial technology (Fintech) consists of preventive legal protection and repressive legal protection.

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.


Author(s):  
I Dewa Ayu Dwi Mayasari

Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the company’s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection. This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws. The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full. The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles


2020 ◽  
Vol 20 (2) ◽  
pp. 179-186
Author(s):  
Yusida Fitriyati ◽  
Muhammad Zuhdi

The law protects the interests of individuals under all circumstances, including children with mental disabilities in term of incapacity due to legal incompetence. Law Number 8 of 2016 concerning Persons with Disabilities. Article 5 states that the Unitary State of the Republic of Indonesia guarantees the survival of every citizen, including persons with disabilities, in this case persons with disabilities who are Muslims have a legal position and have the same human rights as Indonesian citizens and as an inseparable part of the Indonesian citizens and society. is a mandate and a gift from God Almighty, to live progressively and develop fairly and with dignity including obtaining justice and legal protection. Therefore, as a legal subject, people with mental disabilities are represented by their guardians in all their life activities. It is included in the control of the use of inheritance that is obtained. For this reason, this paper is made with a focus on the study of how the rights and obligations of guardians to the inheritance of mentally disabled children in Indonesia and global cultural relativism?


2019 ◽  
Vol 9 (1) ◽  
pp. 102
Author(s):  
Supriyadi Supriyadi

<div><p>Perpindahan hak terhadap kepemilikan tanah terpancang pada aturan bahwa seseorang tak dapat mengalihkan sesuatu melebihi dari apa yang dimilikinya hal ini  berhadapan dengan asas ‘<em>bona fides’</em> (itikad baik) yang melindungi pembeli beritikad baik. Posisi hukumnya  menempatkan dua belah pihak yang pada dasarnya tidak bersalah untuk saling berhadapan di pengadilan dan meminta untuk dimenangkan, akibat ulah pihak lain yang mungkin beritikad buruk. Pertanyaan mendasarnya, dalam hal ini pihak manakah yang seharusnya mendapatkan perlindungan hukum, apakah pemegang hak atas tanah  atau  pembeli yang mengaku beritikad baik? Alasan yang paling banyak digunakan adalah telah dilakukannya jual beli melalui notaris/PPAT  Perlindungan terhadap pembeli beritikad baik adalah sebuah perkecualian, yaitu ketika pembeli tidak dapat menduga adanya suatu kekeliruan dalam peralihan hak dan kekeliruan itu terjadi akibat kesalahan pemilik sendiri (toedoenbeginsel). Jika kemudian timbul sengketa, maka harus dipertimbangkan apakah terjadinya peralihan yang tidak sah itu lebih disebabkan oleh kesalahan pembeli yang tidak mencermati asal usul tanah yang dibelinya, atau kesalahan pemilik asal yang tidak menjaga haknya dengan baik. UUPA dan PP No. 24/1997 tidak menjelaskan pengertian ‘itikad baik’. Penegasan ini disimpulkan dari ketentuan KUHPerdata, literatur, dan putusan-putusan. Dalam hal ini, standar yang seharusnya digunakan bukan hanya tahu atau tidaknya pembeli berdasarkan pengakuannya sendiri (subyektif), namun juga apakah pembeli telah melakukan upaya untuk mencari tahu (obyektif), baik secara formil (dengan melakukan transaksi di depan PPAT, atau Kepala Desa jika transaksinya adalah tanah adat), maupun secara materiil</p><p> <em>The transfer of rights to land ownership is fixed on the rule that a person cannot transfer something more than what he has. This is faced with the principle of 'bona fides' (good faith) which protects buyers with good intentions. Its legal position places two basically innocent parties to face each other in court and ask to be won, due to the actions of other parties who may have bad intentions. The basic question is, in this case which party should get legal protection, are the holders of land rights or buyers who claim good intentions? The most widely used reason is the sale and purchase through a notary / PPAT Protection of buyers with good intentions is an exception, that is when the buyer cannot predict the existence of an error in the transfer of rights and errors due to the owner's own fault (toedoenbeginsel). If a dispute arises, then it must be considered whether the illegitimate transition is caused more by the fault of the buyer who did not observe the origin of the land he bought, or the fault of the original owner who did not properly safeguard his rights. UUPA and PP No. 24/1997 does not explain the meaning of 'good faith'. This affirmation is concluded from the provisions of the Civil Code, literature, and decisions. In this case, the standard that should be used is not only whether or not the buyer is based on his own (subjective) recognition, but also whether the buyer has made an effort to find out (objectively), both formally (by conducting transactions before PPAT, or the Village Head if the transaction is customary land), and materially</em><em>.</em></p></div>


Author(s):  
Nurul Ula Ulya

The aim of this research is to see the legal protection of Donation-based Crowdfunding zakat on financial technology due to the huge spreading of startup with zakat fund in Indonesia. Meanwhile there is still no specific regulation protecting various risks that will arise especially the risk of unobvious identity, potential disputes, dissimilarity of the zakat purpose and the implementation of zakat distribution, and the other deviations. This type of research is library legal research with conceptual and state approach. The result of the research shows that in positive law there is no legal protection regulation in Zakat based on Donationbased Crowdfunding. The regulation only crowdfunding contains investment element andgenerate profit as described in Act Number 21 Year 2011 regarding Financial Services Authority. While Zakat-based Donation-based Crowdfunding is a nonprofit-oriented type of product. This makes the absence in the elements of justice and legal certainty. The regulation on zakat only described in Law number 23 year 2011 which is not contained that system. In the protection of Islamic law, the certainty of the implementation of the contract is stipulated in the zakat based on sharia agreement that must comply with the various principles and provisions of sharia, whether the arrangement starts from the intention, the process of agreement, transparency, and all aspects relating to Amil, Muzakki and Mustahiq zakat (Who is the mustahiq and what kind and how the implementation). finally, the researcher hopes that this research will bring inputs for government to make more comprehensive regulations on zakat in its digital form.


JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation


Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 363
Author(s):  
Eliani Safitri ◽  
Aryani Witasari

Franchising is essentially a marketing concept in order to expand a business network quickly. Franchising is not an alternative, but one way that is as strong and strategic as the conventional way of developing a business. In a franchise agreement, the role of a notary is required even though the franchise agreement itself is a standard agreement without a notary. However, in order to make the deed of the agreement is more authentic, the role of a notary is necessary to ensure the legal protection. The research method used was normative juridical. Normative legal research is a legal research conducted by reviewing materials derived from various laws and other materials from various literatures. Based on the results of research and discussion, it can be concluded that the role of Notary is important in making the deed of the franchise agreement in addition to preventing the occurrence of misappropriation (negligence or default) of one party. The notary also ensures the legal protection of the deed of the agreement because it is made under the legal protection. The franchise is an engagement or agreement between two parties in which all provisions refer to Article 1313 of the Civil Code of the treaty, article 1320 of the Civil Code of the validity of the agreement and Article 1338 paragraph (1) of the Civil Code on the principle of freedom of contract.Keywords: Notary; Franchise; Legal Protection.


2020 ◽  
Vol 2 (1) ◽  
pp. 73-77
Author(s):  
I Komang Mahesa Putra ◽  
Ni Luh Mahendrawati ◽  
Desak Gde Dwi Arini

Abstract-This trade activity by utilizing internet media is known as electronic commerce, or abbreviated as e-commerce. Regarding the relevance of existing legislation with the need for regulations in buying and selling transactions through internet media, especially the seller's responsibility. The formulation of the problem in this writing is how the legal protection for the parties in the sale and purchase agreement through the internet media and how the seller's responsibility in the sale and purchase agreement based on article 1320 of the Civil Code. The author uses the type of normative legal research and the problem approach used is the basis of the conceptual approach and legislation. The agreement needed to give birth to an agreement mandated in Article 1320 of the Civil Code is considered to have been reached if the statement of one party was received by the other party. In summary, an agreement is considered to have taken place when one of the parties agreed. The government should provide more stringent supervision for the parties who carry out this electronic transaction, namely by conducting a registration of all activities involving public interest in electronic traffic. Keywords: Sale and Purchase Agreement, Seller responsibilities, e-commerce Abstrak-Kegiatan yang menggunakan elektronik komersil sudah digandrungi beberapa orang dengan penggunaan yang semakin meningkat dengan pesat setiap tahunnya atau disingkat e-commerce. Berkaitan dengan relevansi peraturan perundang–undangan yang sudah ada dengan kebutuhan akan peraturan dalam transaksi jual beli melalui media internet terutama pertanggungjawaban penjual. Rumusan masalah dalam penulisan ini adalah bagaimana perlindungan hukum bagi para pihak dalam perjanjian jual beli melalui media internet dan Bagaimana tanggung jawab penjual dalam perjanjian jual beli barang berdasarkan pasal 1320 KUH Perdata. Penulis menggunakan tipe penelitian hukum normative dan pendekatan masalah yang digunakan adalah dasar pendekatan konseptual dan Peraturan perundang-undangan. Persetujuan antara kedua orang yang menjalin suatu hubungan keperdataan di anggap telah sah apabila keduanya setuju. Ringkasnya, suatu perjanjian dianggap telah terjadi pada saat salah satu pihak menyatakan sepakat. Pemerintah seyogyanya memberikan pengawasan yang lebih ketat lagi bagi para pihak yang melakukan transaksi elektronik ini yaitu dengan jalan melakukan suatu pendaftaran terhadap segala kegiatan yang menyangkut kepentingan umum didalam lalu lintas elektronik. Kata Kunci: Perjanjian jual beli, tanggung jawab penjual, e-commerce


2019 ◽  
Vol 8 (3) ◽  
pp. 439
Author(s):  
Hafrida - Hafrida

The purpose of this article is to formulate the concept of restorative justice which balanced to protect between child offenders and the victims through the diversion (Victim-offender oriented). This goal will be realized through normative research (legal research) based on Restorative Justice concept.  In Law Number 11 of 2012 concerning the Child Criminal Justice System the process (SPPA Law), its prioritizes the Diversion Process (Settlement outside the court) carried out through a Restorative Justice approach. Article 5 paragraph (2) of the SPPA Law states Restorative Justice is the settlement of criminal cases by involving perpetrators, victims, families of perpetrators /victims, and other related parties to jointly to find a fair solution by emphasizing recovery and not based on revenge. Empirical conditions show that balanced legal protection between criminal offenders and victims has not implemented. Evaluation of Law Number 11 of 2012 is needed to formulating the Integrated Child Criminal Court.


Acta Comitas ◽  
2017 ◽  
pp. 150
Author(s):  
I Gusti Agung Oka Diatmika ◽  
I Dewa Gde Atmadja ◽  
Ni Ketut Sri Utari

A notary is a public officer who given sufficient authority by the state to make an authentic deed. If a party feels aggrieved over the deed of a Notary, then the party can sue the notary with the charges of malpractice in an authentic deed, although the notary has been working in accordance with the standards of an authentic deed. On this basis, it is need a legal protection for the notary, in this case, made ??by the Notary Honorary Council (MKN) as provided for in the Article 66 of paragraph (1) of Law No. 2 of 2014 on the Amendment of Law Number 30 of Year 2004 on the Notary Position (UUJN-P). There are no certain regulations on MKN positions and the kinds of legal protection given by the MKN to the notary, giving rise to legal issues namely, what the standards or requirements in the process of making an authentic deed and what the legal protection of the Position of Notary in relations to the allegations of malpractice in the making of authentic deeds. This thesis research is a normative legal research, which departed from the vacuum of norm. The legal materials collection techniques used were the study of literature and the card system. The analysis of the legal materials was conducted by using descriptive techniques, interpretations and arguments associated with the theories and concepts of law which relevant to the issues. The research findings of the problem under study, namely, that in making authentic deeds, notary must always pay attention to the validity of the agreement according to the terms of Article 1320 of the Civil Law (the Civil Codes), the requirement of making authentic deeds (Civil Code of 1868), Law on the Notary Position, as well as the Notary Code of Ethics. While MKN position as the Administrative agencies should be established in the regions of (city or regencies) in order that MKN can quickly respond to the case and provide an appeal to the parties who are not satisfied with the decision of MKN.


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