scholarly journals Aspek Hukum Pidana dan Hukum Kontrak terkait Tindakan Akses Daftar Kontak Debitur oleh Perusahaan P2P Lending dalam Rangka Penagihan Utang

2020 ◽  
Vol 2 (2) ◽  
pp. 112-125
Author(s):  
Rahel Octora
Keyword(s):  
High Risk ◽  
Criminal Law ◽  
Third Party ◽  
Application Process ◽  
Undue Influence ◽  
Community Needs ◽  
Contact Data ◽  
P2p Lending ◽  
Alternative Sources ◽  
Materials Used

Abstrak Peningkatan kebutuhan masyarakat akan tersedianya dana membuat masyarakat mencari berbagai macam alternatif sumber dana, termasuk pembiayaan untuk memenuhi berbagai kebutuhan. Proses pengajuan pinjaman melalui lembaga keuangan bank yang mensyaratkan berbagai proses verifikasi sebelum permohonan pinjaman dapat dikabulkan, membuat sebagian masyarakat lebih memilih untuk meminjam dana melalui aplikasi / layanan penyaluran pinjaman yang beroperasi secara online. Proses yang dilalui tanpa tatap muka,berakibat pada tingginya risiko gagal bayar. Untuk mencegah hal tersebut, beberapa pihak penyelenggara pinjaman berbasis teknologi informasi menetapkan klausul bahwa pihak debitur setuju untuk memberikan ijin pada penyelenggara untuk mengakses data kontak yang terdapat pada ponsel milik debitur. Kemudian, dalam hal terjadi gagal bayar, pihak penyelenggara pinjaman melakukan penagihan kepada pihak ketiga (kontak debitur), dan penagihan tersebut seringkali dilakukan secara intimidatif. Penagihan yang bersifat intimidatif tersebut tentunya bersinggungan dengan peraturan hukum pidana yang berlaku di Indonesia. Penelitian ini dilakukan dengan metode yuridis normatif, di mana bahan-bahan yang digunakan adalah bahan hukum primer berupa peraturan perundang-undangan dan bahan hukum sekunder berupa berbagai literatur di bidang hukum. Hasil dari penelitian ini adalah bahwa pemberlakuan klausul di mana debitur mengijinkan perusahaan P2P Lending melakukan akses kontak di Indonesia merupakan salah satu indikasi terjadinya undue influence atau penyalahgunaan keadaan. Negara harus memberikan batasan dengan memberlakukan ketentuan-ketentuan hukum yang bersifat memaksa. Tindakan penagihan secara intimidatif juga merupakan pelanggaran hukum pidana, khususnya UU ITE terkait dengan distribusi informasi elektronik yang bermuatan pengancaman. Perusahaan P2P Lending sebagai sebuah korporasi seharusnya dapat dipertanggungjawabkan secara pidana. Kata Kunci : P2P Lending, Daftar Kontak, Hukum Pidana, Hukum Kontrak Abstract Community needs of fund is now increased rapidly. It makes people look for various alternative sources of funds, to fulfill their needs. Banks may distribute such fund in the form of loan. The granting of loan from banks as creditors is written in a loan agreement document. The loan application process through a bank requires various verification processes before a loan application can be granted. This situation makes some people prefer to borrow funds through Peer to Peer Lending Corporation, that operate through online platforms.  The process is done without face to face verification process. It may cause a high risk of non-performing loan. To prevent the high risk of non-performing loan, information technology-based loan providers, commonly stipulate a clause that “the debtor agrees to give the permission to access the contact data contained on the debtor's cellphone.” Then, in the event of a default, the loan provider will contact a third party (debtor contact) for debt collecting purposes, and the collection process oftentimes done with intimidation. Intimidating debt collecting, is certainly in violates criminal law regulations in Indonesia. This research was conducted using the normative juridical method, in which the materials used were primary legal materials in the form of legislation and secondary legal materials in the form of various literature in the field of law. The results of this study are: 1.  the clause in online loan agreement, which state that the debtor allows P2P Lending companies to access contacts is an indication of undue influence or abuse of the situation. To overcome this problem, the state must impose administrative and criminal provisions. 2. Intimidating debt collecting is also a violation of criminal law, especially the Information and Electronic Transaction Law, related to the distribution of electronic information that contains threats. P2P Lending companies as a corporation should be criminally liable. Keywords: P2P Lending, Contact List, Criminal Law, Contract Law

scholarly journals THE ANTI-TERRORIST FUNCTION OF THE RUSSIAN STATE: THE CONCEPT AND THE BASIC SIGNS

2019 ◽  
Vol 23 (1) ◽  
pp. 27-47
Author(s):  
Denis S Mits
Keyword(s):  
Criminal Law ◽  
Third Party ◽  
Public Security ◽  
Conceptual Apparatus ◽  
Russian State ◽  
Constitutional System ◽  
The Impact ◽  
Ordinary Citizens

The article compares the important organizational and legal trends and prospects of antiterrorist activity, as well as the associated conceptual apparatus and the essence of terrorism. In the theory of criminal law, terrorism is defined as a threat to public security, in contrast to other areas of knowledge. This criminal phenomenon is implemented through the impact on a third party to the conflict (primarily ordinary citizens), that is, to encourage them to transform the foundations of statehood. In this regard, the system of management of information counteraction to terrorism, extremist activity and other forms of encroachment on the constitutional system, as well as other spheres of state functioning is gaining momentum.

scholarly journals Problematyka przejścia wierzytelności o naprawienie szkody wyrządzonej przestępstwem — wybrane zagadnienia

2018 ◽  
Vol 48 ◽  
pp. 131-146
Author(s):  
Anna Muszyńska ◽  
Angelika Jura
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Third Party ◽  
Criminal Process ◽  
Compensation For Damage

Issues related to a transfer of receivables for damages caused by a crime — selected issuesThe article is devoted to the issue of the victim’s handing over a claim for compensation for damage caused by a crime to a third party by way of conclusion of a civil law contract. Reference has been made to a status of a buyer of a claim for damages, the possibility of its occurrence as a party to a criminal process, status of an aggrieved party, as well as the characteristic context of the criminal law obligation to repair a damage, with its main concepts: damage and the aggrieved party.

Some Varieties of Consent in Equity

2020 ◽  
pp. 313-332
Author(s):  
Simone Degeling
Keyword(s):  
Decision Making ◽  
Relevant Information ◽  
Third Party ◽  
Great Care ◽  
Undue Influence ◽  
Autonomous Decision ◽  
Fiduciary Relationships

This chapter studies the role of equity in preserving the autonomy of vulnerable members of the community. It focuses on the equitable domains of trusts, fiduciary relationships, undue influence, and unconscionability, where an imbalance of power exists in which one party has only limited or bounded ability to make decisions. Equity takes great care to protect the independence aspect of autonomous decision, but is less concerned about the availability of choice between meaningful options. A party will be deemed by equity as consenting if their agreement is anchored in freedom and information. Thus, great care is taken by the Courts of Chancery to ensure that no impediment to the exercise of the claimant's will was present in the circumstance. In addition, relevant information must be provided, and at times nothing less than independent advice from a third party would satisfy this requirement. Equity thus conscripts its particularistic nature to offer strong protection for two elements that are crucial for autonomous decision-making: freedom from coercion and information.

10. Duress and undue influence

2021 ◽  
pp. 214-226
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Third Party ◽  
Undue Influence ◽  
Essential Information ◽  
Contracting Process

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The doctrines of duress and undue influence may result in a contract being set aside (the remedy of rescission) where illegitimate pressure has been used in the contracting process. This chapter focuses on instances where the agreement cannot stand in light of duress or undue influence, including instances where the duress or undue influence was exercised by a third party and the contracting party had notice of that duress or undue influence.

Contract Law Concentrate

2017 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Contract Law ◽  
Third Party ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Essential Information ◽  
Common Mistake ◽  
Default Rules

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.

Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms

2019 ◽  
Vol 4 (1) ◽  
pp. 47-68 ◽  
Author(s):  
Xinlin Peng ◽  
Xiaoshuang Luo ◽  
Jian Li
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Meaning Construction ◽  
Guidance System ◽  
Financial Security ◽  
Criminal Cases ◽  
Interpretation System ◽  
P2p Lending ◽  
Handling Mechanism ◽  
Oriented Approach

Abstract At present, there exist several difficulties in the criminal regulation of illegal fundraising activities on China’s P2P platforms, such as discovering, identifying, tracking, and preventing. To solve these difficulties in the criminal regulations, this study applies the problem-oriented approach to evaluate the meaning constructions of illegal fundraising behavior on online P2P lending platforms in the corresponding judicial identifications, that is, judicial regulations and interpretations. After analyzing the judicial documents of 192 criminal cases in China, this study finds that it is necessary to actively draw on successful extra-territorial experience, and further establish a reasonable balance between maintaining financial security and promoting financial innovation. Specifically, the judiciary could adjust the current single loose criminal policy into one that combines leniency with rigidity, perfect the criminal law and its interpretation system of illegal fundraising behavior on P2P platforms, strengthen the connection mechanism of punishment and execution, explore the specialized case-handling mechanism, and implement a case guidance system.

Solar Photovoltaic Technology—A Review

2020 ◽  
Vol 12 (1) ◽  
pp. 5-10 ◽  
Author(s):  
Praveen Kumar Mishra ◽  
Prabhakar Tiwari
Keyword(s):  
Power Generation ◽  
Solar Energy ◽  
Alternative Energy ◽  
Solar Power ◽  
Solar Photovoltaic ◽  
Tropical Zone ◽  
Renewable Power ◽  
Photovoltaic Technology ◽  
Alternative Sources ◽  
Materials Used

With growing the necessity of alternative energy, this demand will be lead to in the interest of solar research in order to extend the properties containing concentration, charge transfer, absorption and charge separation of solar cell devices along with materials. The solar energy are most abundant, infinite, inexhaustible and clean among all the renewable power resources till now. It can be used by various techniques such as making full use of sunlight to directly generate electricity or by using heat from the sun as a thermal energy. The Photovoltaic technologies are one of the best ways to harness the solar power. The aforementioned one script reviews the photovoltaic technology, its power producing efficiency, the different actual light appealing materials used, its substantial prospect as well various its applications. The Photovoltaic (PV) power generation are one of the most promising power generation among others alternative sources. In this literature survey, we summarize the significance of solar photovoltaic power generation. Solar power generation is likely one of the well-known sectors to give a boost to the sustainability of India. Solar power has giant capability in India due to that it lies in tropical zone. The Solar energy are on the pace to become the fastest rising energy sources in human history.

scholarly journals Sanksi Pidana Kerja Sosial Terhadap Tindak Pidana Ringan Sebagai Upaya Pembaharuan Hukum Pidana Nasional

2020 ◽  
Vol 4 (2) ◽  
pp. 352
Author(s):  
Teafani Kaunang Slat
Keyword(s):  
Criminal Law ◽  
Social Service ◽  
Community Safety ◽  
Law Reform ◽  
Criminal Sanction ◽  
Community Needs ◽  
Criminal Offenses

This study aims to evaluate the provisions related to social service crime in the draft criminal law (R-KUHP) in the act of national criminal law reform. The study uses a normative juridical with a statue approach. The urgency of social service as the main criminal sanction against minor offenses can be justified through a combined criminal theory. Social service appropriate in the case of minor criminal offenses because this criminal has the advantage, i.e., the criminal sanction is punitive and still maintaining that the perpetrator can reintegrate into the community. The provisions of social service in the R-KUHP are quite complete and comprehensive. But several things can be noted, i.e., the need for adjustments to several clauses in the R-KUHP related to the provisions of social service and assessment to test the defendant’s readiness to work in the community needs to be more oriented towards community safety.

scholarly journals Euthanasia under French law

2021 ◽  
pp. 145-152
Author(s):  
A. Haddadi ◽  
F. Ravaz
Keyword(s):  
Criminal Law ◽  
Question Answering ◽  
Common Law ◽  
The Other ◽  
Third Party ◽  
Right To Die ◽  
French Law ◽  
The Face ◽  
The One ◽  
The Right

Under criminal law, euthanasia can have two distinct qualifications: that of homicide in the event that the act of directly killing another person is characterized, or that of assisting a third party in the suicide. These two qualifications are applicable on the condition that the agent — the author of the act of causing death — is not the one who went through it. In fact, selfeuthanasia is nothing more than suicide.In addition to euthanasia imposed to a third party (such as in the case of Malevre, nurse from Mantes-la-Jolie, tried in 2003), the euthanasia requested and subscribed constitutes a complex legal question. Answering this question first involves specifying the position of contemporary criminal law in the face of suicide.In the event that suicide is only decriminalized, in fact, the author of the act — regardless of the outcome of his actions, who is himself the victim, cannot be prosecuted. Nor ultimately receive any condemnation.However, this lack of prosecution and conviction is by no means an endorsement of the act — suicide — by the law.Moreover, in the event that suicide is a right, it would then be necessary to agree that any candidate for this act can request assistance in the accomplishment of his death. Given these two opposing approaches, imposed on us the question of whether there is a right to die.Although the euthanasia imposed is unequivocally under ordinary criminal law, the euthanasia requested and granted is not based on any rights. To date, there is no right to approve a death request, but on the other hand, it does allow it to be respected and to some extent promotes its approach with dignity. This work will focus on two central points which are the possibility that euthanasia is a homicide under common law (I) and the attitude of French law concerning the right to death (II).

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