scholarly journals Legal Strengthening of Credit Agreement Based on Information Technology in Financial Technology Companies in Supporting Industry 4.0

2021 ◽  
Vol 2 (1) ◽  
pp. 29-42
Author(s):  
Ramlan Ramlan

Changes in the pattern of lending and borrowing also experienced growth over the development period. From a system that manually switches to digital. Since the existence of general information, technology-based credit services have been quite good in supporting industry 4.0, but there are still problems such as high-interest rates, and there are several debtor rights violated that need to be discussed regarding legal arrangements and legal strengthening. The research method is the type of normative legal research, how to collect data from library research and analysis of data with qualitative analysis. The results showed that financial technology regulation is regulated in the OJK Law, ITE Law, POJK, and PBI, and concerning legal reinforcement is needed for the problem of high-interest rates to debtors, electronic agreement standard clauses, threats, defamation, and violating customer privacy so that they can attract more many investors in supporting industry 4.0 with the use of financial technology, because the problem is only still regulated in the ITE Law has not been specifically applied in the implementation of financial technology.

Author(s):  
Sofwan Rizko Ramadoni ◽  
Sukarmi Sukarmi ◽  
Hanif Nur Widhiyanti

The existing legal construction of information technology-based loaning services essentially creates high interest rates in the community and leads to non-performing loans. Therefore, in essence, it is necessary to formulate a new legal construction to solve these problems. Considering that the problem is complex and systemic, ideally the legal construction formulated is convergence, which is the result of the unification of all existing variables. Related to this, the question arises how the legal construction of determining interest rates in information technology-based loaning services reflects the convergence of law and the principle of justice. The purpose of this study is to identify, describe and analyze the application of the legal construction of determining interest rates in information technology-based loaning services in the future. The research method used in this study is a normative juridical research using a statutory approach, a conceptual approach and a convergence approach. The results of this legal research indicate that the legal construction of determining interest rates in information technology-based loaning services which reflects the convergence of law and the principle of justice is the determination of interest rates that refer to the interest rates set by Bank Indonesia. Konstruksi hukum layanan pinjam meminjam uang berbasis teknologi informasi eksisting saat ini pada hakikatnya menciptakan penetapan suku bunga yang tinggi di masyarakat dan marak berujung kepada non performing loan. Maka dari itu pada hakikatnya perlu dirumuskan sebuah konstruksi hukum baru untuk dapat memecahkan permasalahan tersebut. Mengingat permasalahan tersebut bersifat kompleks dan sistemik, maka idealnya konstruksi hukum yang dirumuskan bersifat konvergensi, yakni merupakan hasil dari penyatuan seluruh variabel-variabel yang ada. Terkait hal tersebut muncul lah pertanyaan bagaimana konstruksi hukum penentuan suku bunga dalam layanan pinjam meminjam uang berbasis teknologi informasi yang mencerminkan prinsip konvergensi hukum dan prinsip keadilan. Tujuan Penelitian ini adalah untuk mengidentifikasi, mendeskripsikan dan menganalisis mengenai penerapan konstruksi hukum dari penentuan suku bunga dalam layanan pinjam meminjam uang berbasis teknologi informasi di masa yang akan mendatang. Metode penelitian yang digunakan pada penelitian ini merupakan jenis penelitian yuridis normatif dengan menggunakan pendekatan perundang-undangan, pendekatan konseptual dan pendekatan konvergensi. Hasil penelitian hukum ini menunjukkan bahwa Konstruksi hukum penentuan suku bunga dalam layanan pinjam meminjam uang berbasis teknologi informasi yang mencerminkan prinsip konvergensi hukum dan prinsip keadilan adalah penentuan suku bunga yang mengacu kepada suku bunga yang ditetapkan oleh Bank Indonesia.


2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 


2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.


2021 ◽  
Vol 23 (1) ◽  
pp. 71
Author(s):  
Rahmi Ayunda ◽  
Nertivia Nertivia ◽  
Laode Agung Prastio ◽  
Octa Vila

Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.


2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online


2020 ◽  
Vol 1 (1) ◽  
pp. 27-32
Author(s):  
I Kadek Adi Payana ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Economic development in a country is highly dependent on dynamic development and tangible contributions from the development sector. Development in the economic field is  the  main  driver  of  development,  Micro  Business  plays  an  important  role  in development and economic growth, not only in developing countries but also in developed countries. The formulation of the problem in this study, is: 1. Default and Legal Consequences in Micro People's Business Credit Agreement at PT. Bank BRI, 2. Repayment of Debtor Debt in Credit Agreements at Bank Bri. The research method used is a type of normative legal research. The most important part of developing a micro business is borrowing venture capital obtained from loans obtained from a bank. In an agreement, the debtor sometimes fails or defaults. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements. The problem in this study is the occurrence of default on a credit agreement, the data is processed and analyzed qualitatively. The purpose of the analysis is to minimize the risk of bad credit. Then sort out the loan application submitted based on the loan ceiling. Default or non-fulfillment of the agreement can occur either intentionally or unintentionally. Parties who do not intentionally do this default can occur because they are not able to fulfill these achievements or are also forced to make these achievements.


2021 ◽  
Vol 5 (1) ◽  
pp. 174
Author(s):  
M Asrorun Niam Sholeh ◽  
Muhammad Ishar Helmi

Vaccination is one of the alternatives that has been found to overcome the COVID-19 outbreak. The long-awaited discovery of its reality remains a debate among the public. Various issues continue to emerge, both health-based and religious-based. The refusal is wrapped by questions related to doubts about treatment with vaccination or the halalness of vaccine products. MUI as an institution that is trusted by the public in determining the results of its ijtihad, issues a fatwa number 2 of 2021 concerning vaccines. This paper will conduct related studies regarding the permissibility of using the COVID-19 vaccine from the perspective of fiqh and applicable laws in Indonesia. This study uses a normative legal research method with a rule of law approach and a doctrinal approach, In addition, the data obtained by library research. The results of this study explain that the vaccines used are of course required to use halal and holy vaccines. However, immunization with haram and/or unclean vaccines can be permitted under several conditions, namely when used in an emergency; halal and holy vaccine ingredients have not been found, and there is information from competent and trusted medical personnel that there is no halal vaccine.


2018 ◽  
Vol 1 (2) ◽  
pp. 196-205
Author(s):  
Solechan Solechan

This study aims to find out the policy of transfer of knowledge of foreign workers in Indonesia. In addition, to know the policy of transfer of knowledge on the labor legislation law has guaranteed the implementation of knowledge transfer in the framework of the protection of Indonesian labor force. Research method in this research is legal research (legal research), that is by using library research data (library research), using statutory approach approach (statutory approach). The results showed that the transfer of knowledge has been regulated in the legislation in Indonesia. But the arrangement is still very general and sectoral.  Keywords: Transfer of Knowledge, Manpower, Policy


Author(s):  
Riana Dewi ◽  
Hasan Basri ◽  
Yusrizal Y

This study aims to find out how the implementation of the authority of the Lhokseumawe City Government in the Management of Tourism Destinations based on Aceh Qanun Number 8 of 2013 concerning Tourism. This research method is a qualitative method in the form of normative legal research, namely research that puts the law in place to answer legal problems faced through a statutory approach contained in related articles. The nature of this research is descriptive-analytic by using library research. Based on this research, it is explained that the Lhokseumawe City Government as the person in charge and plays a very important role in the management of tourist attractions must control the tourist environment. Barriers to managing tourism destinations are due to the government's lack of firmness to impose sanctions on the community. Efforts are being made by the Government by frequently conducting raids at tourist attractions in Lhokseumawe City. The writer's suggestion in this study is that it is hoped that the Lhokseumawe City Government will further improve supervision of tourist attractions and it is advisable to immediately impose sanctions on people who do and allow Lhokseumawe City Regional tourist attractions to be polluted by acts that are not polite and violate the Shari'a. Islam. Keywords: Government Authority, Management, Tourism Destinations, Aceh Qanun Number 8 of 2013.


Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 94-107
Author(s):  
Saefullah Yamin ◽  
Nurwahyuni Nurwahyuni

Post reformation of the role and function of the House of Representatives of Republik Indonesaian (DPR RI) is returned to its corridor as a legislative institution that runs the legislative function (making laws/constitution), besides running budgeting fungction together with the president, and the oversight function of the implementation of the law and the budget in the administration of government carried out by the executive. Related to the lack of productivity of The House of Representatives (DPR) to carry out the legislative function, The performance evaluation of this legislation is not only seen in terms of the quantity of products made but its quality is also an important factor in assessing legislation products. The identification problems in this research are: What is the Position of the House of Representatives in the 1945 Constitution of the State of the Republic of Indonesia, and What is the Process of the Growth of the Post-Reformation House of Representatives.  In this research the library research method will be used or library research. Regarding this kind of research it is usually also called "Legal Research" or "Legal Research Instruction”. The position of The House of Representatives (DPR) after the amendment of the 1945 Constitution four times turned out to further strengthen its existence as the sole legislator. Although in the 1945 Constitution the amendment results also gave the President authority, but the authority he owned was not as big as The House of Representatives (DPR). And the process of the growth of the House of Representatives (DPR) Post-Reformation has strengthened the authority of the legislative instituion, in this case the House of Representatives of Republik Indonesian (DPR-RI) to maximize its role and function as a check and balances institution, after being strengthened, the House of Representatives (DPR) becomes tyrannical over the executive even over the state, because of its power and authority so great.


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