scholarly journals Consumer Legal Protection Principles of Billing Mechanism by Digital Financial Service Provider: a Prescriptive Fintech Law Study in Indonesia

YMER Digital ◽  
2022 ◽  
Vol 21 (01) ◽  
pp. 148-170
Author(s):  
Teddy Prima Teddy Prima ◽  
◽  
Lucianus Budi Kagramanto ◽  
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Service Providers ◽  
Research Question ◽  
Legal Protection ◽  
Financial Service ◽  
Theoretical Research ◽  
Digital Tool ◽  
Financial Service Provider ◽  
Online Lending

Financial Technology or Fintech currently grows rapidly in Indonesia. The total of loan disbursement reached 155,902.55 Million IDR in the end of 2020. Alongside with it‟s development this digital tool like two blades which has negative and positive aspects. This research tries to explore the philosophy of consumer protection in online lending practices and investigate the consumer protection in the online loan collection mechanism by digital financial service providers in Indonesia. Through using some theory and literatures such as the justice theory, consumer protection, economic and law morality, digital document and supported by several primary and secondary legal materials to explain and answer the research question. The research method is the prescriptive by combining the types of doctrinal, reform-oriented, and theoretical research. The results obtained by the author found similarities between dispute resolution from the perspective of the consumer protection act with the arbitration protection law and alternative dispute resolution which both provide legal certainty to the parties

scholarly journals Legal Protection Carried Out by the Financial Service Authority in a Dispute between Consumers and Insurance Companies in Indonesia

2018 ◽  
Vol 3 (1) ◽  
pp. 55-61
Author(s):  
Pujiyono ◽  
Sufmi Dasco Ahmad
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Legal Protection ◽  
Secondary Data ◽  
Analytical Techniques ◽  
Financial Service ◽  
Insurance Companies ◽  
Data Types ◽  
Financial Service Authority ◽  
Litigation Process

This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.

scholarly journals Fintech Indonesia User Legal Protection in Balance Borrowing Money Based on Information Technology

2018 ◽  
Vol 54 ◽  
pp. 06003 ◽  
Author(s):  
Sulistyandari
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Service Provider ◽  
Financial Services ◽  
Legal Protection ◽  
Financial Service ◽  
Financial Service Provider ◽  
Settlement Of Disputes ◽  
Settlement Of Dispute

The growth of FinTech companies in Indonesia is very rapid, currently, there are 142 FinTech Companies in Indonesia. The Financial Services Authority (OJK) continues to encourage the development of information technology-based financial service provider company (FinTech). OJK considers that the more number of FinTech companies, the better it would be. It is important to pay attention to legal protection for FinTech Users, because lending and borrowing services-based information technology has the potential to cause harm to FinTech users, besides being done online, the lender and recipient of the loan do not know each other, and there is no collateral in information technology-based lending and borrowing services. This paper discusses the legal protection of FinTech Users in information technology-based lending and borrowing services, and settlement of dispute in the event of a dispute between FinTech Companies and FinTech Indonesia Users. Legal protection for FinTech Users is provided in agreements made between FinTech Indonesia Companies and FinTech Users and law enforcement OJK Regulation No. 77/POJK.01/2016 The settlement of disputes by complaining to the FinTech Company, to the Financial Services Authority (OJK) or claiming through the General Court.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGOBATAN TERAPI BEKAM DI WILAYAH BOGOR

2021 ◽  
Vol 13 (1) ◽  
pp. 72
Author(s):  
Budi Santoso
Keyword(s):  
Traditional Medicine ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Qualitative Approach ◽  
Traditional Treatment ◽  
Bargaining Position ◽  
Dispute Resolution Mechanism

The objectives of this study are: 1) To determine and analyze the legal protection of consumers from traditional medicine with the method of cupping treatment in the Regency and City of Bogor. 2) To find out and analyze the responsibilities of cupping treatment businesses in Bogor Regency and City towards consumers who have suffered losses. The research method used in this study is a normative juridical research that uses a qualitative approach. The results of this study are: 1) Protection of cupping treatment consumers in Bogor Regency and Bogor City, in dispute resolution can be done through a mechanism that has been regulated in the Consumer Protection Law, namely through a dispute resolution mechanism in court or outside the court. 2) The responsibility of the cupping treatment business actors to consumers who are harmed can be accountable for their actions both civil and criminal. This is aimed at increasing the bargaining position of consumers in making transactions with business actors, so that they are not treated arbitrarily because there is a law that regulates it.Keywords: Legal Protection; Consumer; Traditional Treatment.

scholarly journals Juridical Analysis of Protection of Bank Customers from Skimming Action Reviewed from Consumer Protection Law

2019 ◽  
Vol 6 (4) ◽  
pp. 546
Author(s):  
Nor Hazrina ◽  
Yulfasni Yulfasni ◽  
Delfianti Delfianti
Keyword(s):  
Consumer Protection ◽  
Banking Sector ◽  
Service Providers ◽  
Legal Protection ◽  
Primary Data ◽  
Literature Study ◽  
Banking Services ◽  
Consumer Protection Act ◽  
Automatic Teller Machine ◽  
The Right

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.

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

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.

scholarly journals PERLINDUNGAN HUKUM NASABAH BANK DALAM HAL PEMBERIAN INFORMASI NASABAH KEPADA PIHAK FINTECH LENDING BERDASARKAN PRINSIP KERAHASIAAN

Esensi Hukum ◽  
2021 ◽  
Vol 3 (1) ◽  
pp. 41-54
Author(s):  
Galih Raka S Galih Raka Siwi
Keyword(s):  
Banking Sector ◽  
Service Providers ◽  
Financial Institution ◽  
Financial Service ◽  
Financial Data ◽  
Public Funds ◽  
Financial Service Provider ◽  
Bank Secrecy ◽  
Banking Institutions

Bank is a financial institution that collects funds and distributes public funds, in accordance with Article 3 of the Banking Law. Banking institutions have a very important role, especially in moving the economy of a country. The role of banking cannot be separated from the enactment of Law Number 10 of 1998 concerning Banking. In carrying out its functions and duties, banking cannot be separated from customers, be they depositors or borrowing customers. In carrying out its functions, the Bank is bound by several principles, one of which is the principle of confidentiality. The principle of bank secrecy is regulated in Article 4- to Article 47A of the Banking Law. The principle of confidentiality is very important to be maintained by the bank as a financial service provider, this is related to public trust in the banking sector itself. Banks are prohibited from opening data from customers without permission from the BI leadership or if the law says otherwise. Banks are prohibited from disclosing secrets related to financial data or loans from customers to third parties, in this case the fintech lending party. Banks as service providers will certainly comply with the Consumer Protection Law. The purpose of this paper is to identify and understand the principles of banking confidentiality. The method used in this paper is normative juridical, by examining primary and secondary legal materials, especially in terms of legislation.

scholarly journals Consumer Legal Protection Reviewed from Consumer Protection Law in Consumer Dispute Settlement through Litigation

2022 ◽  
Vol 9 (1) ◽  
pp. 161-166
Author(s):  
Muhammad Jarnawansyah ◽  
Reza Muhammad Rizqi
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Science And Technology ◽  
Legal Protection ◽  
The Other ◽  
Business People ◽  
Business Goals ◽  
Legal Remedies ◽  
The Law

There is a law called Law Number 8 of 1999 that deals with consumer protection. It says that disputes between consumers and business people can be settled through both litigation and non-litigation channels and that both types of channels can be used to do this. Using the courts to settle consumer disputes is a way to do this. This type of dispute resolution refers to the rules for general courts. So that consumers need to get help from the law to get their rights as consumers. Consumer protection is becoming more and more important as science and technology move faster and faster. This is because the speed of science and technology is what drives the productivity and efficiency of producers for the goods or services they make in order to reach their business goals. As a result of this, either directly or indirectly, the Consumers are the ones who feel the effects of these two things the most. In this case, the consumer protection law says that businesses must give legal protection to their customers, so this shows that businesses must do this. And legal remedies for resolving disputes between customers and business people in the event of a dispute can be used both in court and out of court. In order for a dispute to be resolved through litigation, one party has filed a lawsuit against the other party. However, non-litigation dispute resolution can be done in a number of ways, such as through negotiation, consolidation, mediation, arbitration, and so on. Keywords: Legal Protection, Consumers, Consumer Disputes, Litigation, Laws.

scholarly journals PRAKTIK REKAYASA DISPENSING PUMP SPBU PERSPEKTIF PERUNDANG-UNDANGAN DAN HUKUM ISLAM

Asy-Syari ah ◽  
2021 ◽  
Vol 22 (2) ◽  
pp. 237-258
Author(s):  
Hazar Kusmayanti ◽  
Ratu Chairunissa
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Islamic Law ◽  
Preventive Measures ◽  
Legal Protection ◽  
Measuring Instruments ◽  
Legal Metrology ◽  
The Government ◽  
Islamic View

Abstract: This research aims to examine and analyze the responsibilities of petrol stations as well as legal protection that can be obtained by consumers designed by petrol stations based on statutory views and Islamic law. This study uses the Normative Juridical method with references to Law Number 8 of 1999 concerning Consumer Protection and Law Number 2 of 1981 concerning Legal Metrology regarding measuring instruments. These results conclude that: First, engineering pump removal by business actors carried out by SPBU managers has an impact on the revocation of the PASTI PAS predicate by Pertamina which has harmed consumers, so that it is the responsibility of business actors who provide compensation in accordance with Article 19 of the Consumer Protection Law because it has increased to default. Furthermore, in Islamic law, the stipulation of compensation is carried out because no loss or damage to the victim has occurred. Second, legal protection for consumers, namely in the form of preventive and repressive. Preventive measures are carried out by providing guidance by the government and Pertamina, while repressiveness is carried out by law enforcement and / consumer dispute resolution both through courts and outside the court. Likewise, the Islamic view of pump engineering is not in line with the principles and principles of Islamic law because there is an element of gharar in it.

scholarly journals Pelindungan Konsumen dalam Transaksi Dagang Melalui Sistem Elektronik (Consumer Protection in E-Commerce)

2019 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Sulasi Rongiyati
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Electronic System ◽  
The Common ◽  
The Government ◽  
Common Situation ◽  
Research Show

E-commerce in Indonesia is continuing to grow. As a transactions with a special characteristic which involves parties across many jurisdictions without having to be physically present, a form of legal protection is highly required for the consumers. Through the normative juridical research method, this paper examines consumer protection in trade transaction through electronic system (E-Commerce) and its dispute resolution. The result of the research show that the consumer protection cannot be maximally implemented because regulating it is still distributed in several laws and requesting implementing regulations. In addition, Law No. 8 of 1999 on Consumer Protection has not been able to extend consumer protection in the electronics’ trade transactions / e-commerce as a whole, especially in the common situation where parties have jurisdictional differences. Whereas in the case of consumer disputes, the parties can take the matter through litigation (on court) as well as non-litigation (off court), in accordance to the agreement agreed by the parties. Nevertheless, the alternative online dispute resolutions can be implemented in full. This research recommends that the Government shall immediately form a Government Regulation related on trade/commerce transactions through an electronic system and to regulate online dispute resolutions. AbstrakTransaksi dagang melalui sistem elektronik di Indonesia terus berkembang. Sebagai transaksi yang memiliki karakteristik khusus yang melibatkan para pihak lintas yuridiksi tanpa harus bertemu fisik, sangat diperlukan pelindungan hukum bagi konsumen. Melalui metode penelitian yuridis normatif, tulisan ini mengkaji pelindungan konsumen dalam transaksi dagang melalui sistem elektronik dan penyelesaian sengketanya. Hasil penelitian menunjukan pelindungan terhadap konsumen pada transaksi dagang melalui sistem elektronik belum dapat dilakukan secara optimal karena pengaturannya masih tersebar dalam beberapa Undang-Undang (UU) yang memerlukan peraturan pelaksanaan. Di samping itu UU No. 8 Tahun 1999 tentang Perlindungan Konsumen belum mampu menjangkau pelindungan konsumen dalam transaksi dagang secara elektronik secara keseluruhan, khususnya dalam hal para pihak memiliki perbedaan yurisdiksi. Sedangkan dalam hal sengketa konsumen, para pihak dapat menempuh jalur pengadilan maupun di luar pengadilan sesuai kesepakatan para pihak, namun alternatif penyelesaian sengketa secara online dapat dilaksanakan secara penuh. Penelitian ini menyarankan kepada pemerintah untuk segera membentuk Peraturan Pemerintah tentang transaksi dagang melalui sistem elektronik dan mengatur mengenai penyelesaian sengketa secara online.

scholarly journals Legal Protection on E-Commerce Transactions: Problems and Challenges in Global Business

2021 ◽  
Vol 1 (2) ◽  
pp. 101-112
Author(s):  
Vira Aprillia Santoso
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Regional Differences ◽  
Legal Protection ◽  
Global Business ◽  
Language Differences ◽  
Consumer Protection Act ◽  
The Many

Electronic commerce or so-called E-Commerce is a borderless market that can transcend all borders, such as time differences, language differences, currency differences and regulatory differences. E-Commerce is very popular with today's society because of the many conveniences that exist in it, because many users of the problem also increasingly colorful, the country is already set through the Consumer Protection Act. Unlimited E-Commerce transactions that transcend regional differences in the event of a dispute are often resolved through Alternative Dispute Resolution (ADR) in which there are various forms such as negotiation, mediation, conciliation, consultation, expert judgment and arbitration. ADR is a non litigation path because if solved by a litigation path it will definitely take longer.

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