scholarly journals Urgensi Pembentukan Undang-Undang Fintech Di Indonesia: Harapan Dan Realita Di Era Pandemic Covid-19

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 532
Author(s):  
Didik Irawansah ◽  
Wardah Yuspin ◽  
Ridwan Ridwan ◽  
Nasrullah Nasrullah
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulations ◽  
Significant Development ◽  
Legal Problems ◽  
Library Studies ◽  
Research Findings

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.

scholarly journals Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal

2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri
Keyword(s):  
Medicinal Product ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Medicinal Products ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
The Law ◽  
Administrative Sanctions

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.

Urgency of financial technology (Fintech) laws in Indonesia

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dona Budi Kharisma
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Task Force ◽  
Legal Protection ◽  
Legal Framework ◽  
Digital Economy ◽  
Literature Study ◽  
Protection Measures ◽  
Content Type ◽  
The Republic

Purpose This paper aims to elaborate the reasons why Indonesia needs Law on Fintech. This paper also identifies the flaws in the existing regulations and policies on Fintech, and it also proposes an ideal framework for a fintech law as a strategy to strengthen consumer protection and to accelerate the growth of the digital economy in Indonesia. Design/methodology/approach This is normative research with a legal approach. Data were collected through a literature study and analyzed using legal norm method. Findings The promising potential and growth of the fintech industry in Indonesia need to be supported by a sound legal framework in the form of Indonesian Law. In regards to fintech, Indonesia does not yet have a specific law on fintech. Existing regulations in the Bank of Indonesia Regulations (PBI) and Indonesia Financial Services Authority Regulations (POJK) only regulate the technical aspects of the industry, thus providing a less sound legal power. Bank of Indonesia (BI) and Indonesia Financial Services Authority (OJK) have limited authority in the making of regulations and the regulations produced by these institutions cannot stipulate criminal provisions. This results in inadequate consumer protection measures. The Investment Alert Task Force reported 2,018 illegal P2P lending, 472 illegal investment companies and 69 illegal pawnbrokers. The accumulation of online lending transactions in December 2019 reached a total of IDR81.50tn, seeing a 259.56% increase from the previous year. Meanwhile, the amount of bad debt reached IDR13.6tn, seeing a 169.48% increase. These reasons illustrate how urgently Indonesia needs Fintech Law. Research limitations/implications This research only examines the existing Fintech regulations in Indonesia. The approach method used is normative legal research. Practical implications This research is expected to be useful for The House of Representatives of the Republic of Indonesia (DPR), the Ministry of Law and Human Rights, the Indonesia Financial Services Authority (OJK) and Bank of Indonesia (BI) in drafting the Fintech Law. Social implications This research is expected to increase protection for consumers, investors and providers of fintech services and accelerate the growth of the digital economy in Indonesia. Originality/value Regulating fintech in the Indonesian Law is meant to give legal certainty and better legal protection for consumers, investors and providers of fintech services. Seeing that the value of the Indonesian digital economy in 2019 has reached USD40bn (approximately IDR586tn), Indonesia is philosophically, juridically and sociologically in urgent need of Fintech Law.

scholarly journals PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN PEMBEBANAN JAMINAN FIDUSIA

2020 ◽  
Vol 2 (3) ◽  
pp. 299-320
Author(s):  
Subadra Yani
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Motor Vehicle ◽  
Legal Protection ◽  
Field Studies ◽  
Motor Vehicles ◽  
Primary Data ◽  
Consumer Protection Act ◽  
Finance Company ◽  
Library Studies

Consumer financing is financing activities for the procurement of goods based on consumer needs with installment payments regulated in Article 1 number 7 of Presidential Regulation No. 9 of 2009 concerning Financing Institutions. To reduce losses if debtors default, the financing of motor vehicle consumers is charged with fiduciary guarantees regulated in Law Number 42 of 1999 concerning Fiduciary guarantees. In practice, the implementation of consumer financing for motor vehicles often results in problems that harm the debtor (consumer) especially when the acquisition of fiduciary collateral items if the debtor (consumer). therefore it is necessary to conduct research on how the legal protection of debtors in consumer financing agreements with the imposition of fiduciary guarantees. The data used are secondary supporting data collected through library studies and primary data as supporting data conducted through field studies using interview techniques. The results of the study found that: legal protection for debtors in consumer financing agreements with the imposition of fiduciary guarantees has been regulated in several relevant laws and regulations, namely the Consumer Protection Act, the Fiduciary Guarantee Act, the Financial Services Authority Act and the implementing regulations. If a consumer is harmed by a finance company, the debtor (consumer) can sue the finance company because of an unlawful act and may even ask for a criminal act.

scholarly journals PERLINDUNGAN HUKUM BAGI NASABAH PENGGUNA INTERNET BANKING

GANEC SWARA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 207
Author(s):  
ALINE FEBRIANY LOILEWEN ◽  
TITIN TITAWATI
Keyword(s):  
Risk Management ◽  
Consumer Protection ◽  
Financial Services ◽  
Service Sector ◽  
Legal Protection ◽  
Internet Banking ◽  
Electronic Information ◽  
Customer Complaints ◽  
Services Sector ◽  
Financial Services Sector

  This study aims to examine and analyze how the legal protection and supervision of the banking world for customers using internet banking facilities.  This study uses a form of normative legal research, namely research that is based on written rules and legislation and various literature related to the problems that will be discussed in this study.   Some forms of legal protection for customers using internet banking facilities are the existence of the Financial Services Authority Regulation No.38 / POJK.03 / 2016 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks (POJK IT Risk Management). The existence of Article 1 number 12 of Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), electronic signatures are signatures consisting of electronic information that is attached, associated or related to other electronic information used as a verification and authentication tool . Another thing that can be done by customers who use internet banking facilities is to conduct customer complaints. Customer complaints are a manifestation of the protection of rights owned by customers, namely the right to be heard. This right is regulated in Article 4 letter d of Law 8 of 1999 concerning Consumer Protection of the PK Law). Whereas in the financial services sector, there is Article 32 of the Financial Services Authority Regulation No. 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector (POJK PK) which stipulates that financial service sector business operators must have and carry out customer service and settlement complaints.  The supervision policy carried out by Bank Indonesia towards banks aims to protect the interests of the community and to maintain the continuity of the bank's business as a trust and as an intermediary institution, the supervision is carried out either directly or indirectly

scholarly journals Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is?

2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Illegal Drugs ◽  
Know How ◽  
Consumer Law ◽  
Consumer Rights ◽  
The Government ◽  
The Right

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. 

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 LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edy Supaino ◽  
Martin Roestamy
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Research Method ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Legal Regulation ◽  
Food Technology ◽  
Dispute Settlements ◽  
Settlement Of Disputes

Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims

scholarly journals Upaya Penyelesaian Sengketa atas Gagalnya Pengisian Saldo (Top Up) yang dialami Pengguna Kartu Tap Cash Bank Negara Indonesia

2020 ◽  
Vol 7 (1) ◽  
pp. 53-61
Author(s):  
Rahmadi Indra Tektona ◽  
Mardi Handono ◽  
Regina Yurisprastita Jufri
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Legal Protection ◽  
Electronic Money ◽  
Services Sector ◽  
Deductive Method ◽  
Sector Analysis ◽  
The Republic ◽  
Materials Used ◽  
Laws And Regulations

Writing aims to find out the effort to resolve disputes for Tap Cash BNI card users who have failed to top up, which results in losses to consumers. The focus of the problem is how to resolve disputes between the banks as Tap Cash card issuers and consumers of electronic money users. This research begins by reviewing various laws and regulations which form the basis of legal protection for card users, for this reason, it is used normative juridical research, by reviewing the applicable laws and regulations. the author also uses the concept of the rule of law which is obliged to provide legal guarantees. In the matter of efforts to resolve disputes for consumers using the BNI Tap Cash card, the concept of legal protection also applies based on the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and Financial Services Authority Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection of the Financial Services Sector. Analysis of legal materials used is the analysis of legal materials with a deductive method which is a research method based on general concepts to provide concrete explanations of specific legal issues, data is collected through seminars, articles, and interviews and analyzed qualitatively. Based on the results of research conducted on the problem, it was found several forms of settlement efforts provided by the BNI bank namely the resolution of disputes outside the court and the resolution of disputes through the court.

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 PRODUK MAKANAN TIDAK SESUAI SPESIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 121-135
Author(s):  
Saefullah Yamin ◽  
Sari Arta Uli Sihaloho
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Legal Protection ◽  
Food Products ◽  
Developed Countries ◽  
Legal Regulations ◽  
The Rule Of Law ◽  
Consumer Rights ◽  
Library Research ◽  
Good Food

Consumer Protection is a form of legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. Therefore, talking about consumer protection means questioning guarantees or assurances about the fulfillment of consumer rights. In the legal field, this term is still relatively new, especially in Indonesia, while in developed countries consumer protection is discussed along with the development of industry and technology. In this study formulate the problem of how the legal protection of consumers for defective food products and how the responsibility of business actors for defective food products. The research method used is a normative juridical approach with data collection techniques through library research, both primary legal materials, namely reference books and regulations related to consumer protection, secondary legal materials, and tertiary legal regulations. The purpose of this study is to find out how the legal protection of consumers for defective food products and describe how the responsibility of business actors for defective food products. The theory used in this study uses the rule of law theory and the theory of legal protection. In this study, it can be concluded that consumers' rights are protected against products that are not in accordance with what they should be. In the case of sausages containing maggots, it is hoped that business actors or PT. So Good Food compensates for losses and improves quality control in producing its products.

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