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

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.

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

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

New legislative accents in the mediation procedure and legal principles of alternative dispute resolution

The article analyzes the latest versions of federal laws that made changes to the mediation procedure — allowed judges to resign to perform the procedure of professional mediation; provided an opportunity to notarize a mediation agreement, giving force to an enforcement document; the procedure of «judicial reconciliation» appeared. It is proved that mediation in its essence is not the «activity» of professional intermediaries, mediators, but a «procedure», namely, a structured process that is an alternative dispute resolution technology. The legal principles of the mediation process are disclosed: voluntariness, confidentiality, neutrality, passionlessness and independence of the mediator, independent decision-making by the parties, equality of the parties.

Prosedur dan Efektifitas Mekanisme Penyelesaian Sengketa Perdagangan dan Investasi Dalam ASEAN

Trade and investment play an important role in the practice of relations between countries in the prospective economic cooperation efforts to increase the economic growth of each country. In this regard, ASEAN also has legal instruments that regulate transactions and investments among other countries. In the trade regime, ASEAN has several agreements such as the ASEAN Free Trade Agreement, ASEAN Trade in Goods Agreement, ASEAN Trade in Services Agreement, ASEAN Framework Agreement on Services, and so on. Meanwhile in the investment regime, ASEAN has the ASEAN Comprehensive Investment Agreement. One of the important components in a Regional Trade Agreement is the clause of a legally binding dispute settlement mechanism. In the trade regime, the system and mechanism of the dispute resolution procedures are separated from other trade agreements, the ASEAN Protocol on the Enhanced Dispute Resolution Mechanism. Meanwhile in the Investment regime, the system and mechanism of the dispute resolution procedure are regulated in the same agreement in the ASEAN Comprehensive Investment Agreement. This article will describe the procedural mechanism for the dispute resolution framework of the trade and investment regime in ASEAN, as well as focus on each dispute resolution system with the preferences of each participating country, with differences in the use of the dispute system in the WTO.

Aspek Penegakan Hukum Terhadap Kejahatan Fintech Syariah Pada Masa Pandemi di Indonesia: Perspektif Hukum Jinayah

With the development of the times, fintech companies in Indonesia are increasingly popular and are also increasingly sought after by many people. One of the developments in fintech is the emergence of Sharia fintech. This study aims to analyze fintech crimes that occur from the perspective of jinayah law and to analyze relevant dispute resolution for fintech crimes from the perspective of jinayah law. In this study, the author uses a normative legal research method that uses qualitative analysis, namely by explaining the existing data with words or statements not with numbers. Sharia fintech has a difference with conventional fintech, namely sharia fintech is carried out in the contract process between business owners and investors. The emergence of sharia fintech provides convenience for the community to carry out a credit process using sharia principles and principles. But there is also a negative side, namely sharia fintech crimes such as fraud, fraud. Based on the results of the study, it shows that this sharia fintech crime when viewed from the perspective of jinayah law is included in the ta'zir crime, which if there is a violation the law enforcement is in accordance with the existing legislation in the fairest manner and carried out indiscriminately and discipline that actually carries out sanki ta'zir for sharia fintech crimes, which in essence contain benefits for human life both in the world and in the hereafter.

A Secure Blockchain-Powered Land Record Modernization System for Documenting Land User's Rights

Proving ownership of the land should preferably be done with a legal document that proves it decisively. Many authorities retain various documents, any of which could be used to assert a claim on the land. To prevent document falsification, the land administration mechanism ought to be robust, accessible at all times, and quick to accomplish exercises. But, any such solutions are prone to a slew of issues, including data accuracy, security, and dispute resolution. Usage of blockchain technology in land administration is considerably advanced to solve issues that plague current LAS. With the adoption of blockchain, the problem of cooperation among a variety of land records is articulated. The proposed model has integrated units to digitally sign the land assets to store securely into the blockchain using cryptography algorithms after which land assets are verified. The proposed approach eliminates deception, improves administration. The results show that the time complexity for registering, signing, and verifying land facts to establish a system using blockchain is relatively secure.