PERLINDUNGAN HUKUM DAN ETIKA BAGI PENGGUNA FINTECH PEER TO PEER LENDING DI INDONESIA

The rapid growth of illegal online loan services is also caused by the potential of the Indonesian people themselves to become a large enough market for online loan services. There are still many Indonesians who are not bankable, so many turn to illegal online loan services that are easier and faster. Currently, there are 105 illegal Fintechs that have been brought under control by the Investment Alert Task Force since 2018-2020. In terms of fintech dispute resolution, there is no dispute resolution agency that effectively resolves disputes. This is because the location of the parties is unclear, besides that the fintech lending administrator in the standard electronic contract clause does not specify a court. This research is a normative juridical research using the Systematic Literature Review Method which refers to Kitchenham (2019) with research stages using planning, implementation and reporting. The first stage begins with formulating the main objectives of this research. This is to identify what problems arise from the Peer to peer Lending industry. On November 13, 2020, OJK issued a draft regulation on P2P, which is planned to replace POJK 77, to provide legal certainty to the P2P business model and protect the public interest. Several provisions in the draft were adopted from OJK regulations that exist in other business sectors that are strictly regulated such as insurance, securities, and finance. The protection of peer to peer fintech lending business ethics has been stated in the AFPI 2020 special Code of Conduct Number 002/SK/COC/INT/V/2020. However, the rules of business ethics that have been made still have weaknesses which will have an impact on consumers' losses.

Juridic Review for The Development of Academic Texts for Amendment to The Regulation of The Regent of Tulungagung Concerning Administration of Advertisements

One aspect that is of concern to the Government of Tulungagung Regency is in terms of increasing Regional Original Income (PAD) through the installation of billboards. The Regent in this case as the Regional Head has the authority to make regulations relating to the administration of billboards, the policy regarding the implementation of billboards is to control urban spatial planning so that it is more organized, improve services to the community, and can protect the interests and public order, as well as increase PAD (here in after referred to as Regional Original Revenue) of Tulungagung Regency through advertisement tax revenues. Aims to review the regulation of the administration of advertisements related to licensing regarding arranging permits, installation, form, place of billboards and value advertisement tax, as well as to explain the licensing and tax mechanism on billboards and increase the Regional Original Income (PAD) of Tulungagung Regency through the advertisement tax sector. This research use desciptive qualitative approach, this research is a type of legal social research with the ROCCIPI approach. From the results of the study, it is concluded that the formation of the Regent's draft regulation requires a policy concept through an Academic Paper. Academic papers are a scientific basis and provide a direction in the preparation of public policies.

Regulating artificial intelligence in the EU: A risky game

The EU continues its quest to draw the contours of innovative legislation for the digital domain. The European Commission’s draft Regulation on artificial intelligence (AI) is a clear departure from previous ‘soft’ attempts to set the rules through ethical principles and industry pledges. The EU aspires to be the first global player to adopt a comprehensive framework that classifies and regulates the roll-out of AI software and hardware within its internal market. The draft rules try to provide legal certainty for public and private bodies across the EU, while making sure that potential risks to its citizens are minimised. This article sketches out some of the most important provisions of the draft Regulation and tries to critically assess its potential shortcomings related to implementation and enforcement. The final version of the AI proposal should avoid the mistakes of previous attempts to draft transnational rules for the online space and establish a sufficiently flexible legal framework.

Implementing the Nagoya Protocol on Access and Benefit-Sharing in China: the Emerging Legal Issues

This Article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) by the Chinese Legal system. While referring to the major provisions of the Nagoya Protocol, the Article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol and what needs to be done in giving full effect to the obligations of the Protocol.

STUDI PEMIKIRAN PROF. YUSRIL IHZA MAHENDRA TENTANG TRANSFORMASI SYARI’AT ISLAM KE DALAM HUKUM NASIONAL

Indonesia adalah negara dengan penduduk mayoritas beragama Islam. Menurut perhitungan statistik yang dikeluarkan pemerintah pada tahun 2010, sebanyak 87,18 persen penduduk Indonesia adalah muslim. Sistem hukum yang berlaku di Indonesia adalah sistem hukum campuran (Mix Legal System), yakni hukum Eropa Kontinental, hukum adat, hukum Islam, dan bahkan Anglo Saxon. Yusril Ihza Mahendra merupakan salah satu tokoh nasional dan pakar hukum tata negara yang tertarik dalam persoalan transformasi Syari’at Islam ke dalam Hukum Nasional. Tujuan dari penelitian ini yaitu untuk menganalisis pemikiran Yusril Ihza Mahendra tentang Transformasi Syari’at Islam ke dalam Hukum Nasional. Penelitian ini menggunakan jenis penelitian hukum normatif. Sehingga metode pengambilan bahan hukum menggunakan metode kepustakaan dan wawancara langsung. Yusril Ihza Mahendra mengatakan transformasi Syari’at Islam ke dalam Hukum Nasional sangat relevan untuk dilaksanakan di Indonesia, mengingat Indonesia adalah negara yang mayoritas berpenduduk muslim. Suatu undang-undang akan berjalan dengan baik dan efektif apabila substansinya sesuai dengan keyakinan masyarakat itu sendiri, dimana hukum Islam adalah hukum yang hidup di tengah-tengah masyarakat Indonesia. Transformasi syariat Islam ke dalam hukum nasional memerlukan proses perubahan bentuk (transformasi) dan perumusan (formulasi) kaidah-kaidah hukum Islam yang bersumber dari ayat-ayat Quran dan Hadis hukum (syariat Islam) ke dalam hukum nasional melalui pembentukan peraturan perundang-undangan (proses legislasi). Untuk itu diperlukan institusi-institusi kekuasaan negara atau daulah yang sah yang berfungsi untuk menegakkan norma hukum nasional agar dipatuhi dan dijalankan oleh publik. Proses pembentukan peraturan perundang-undangan yang (sebagian) bersumber dari syariat Islam merupakan sebuah proses politik. Hal ini memerlukan kesadaran dengan menumbuhkan jiwa Islami kepada para penguasa, karena mereka yang punya hak dalam perancangan dan pengesahan suatu peraturan perundang-undangan.Kata kunci: Transformasi, Syari’at Islam, Hukum Nasional Indonesia is a country with a majority Muslim population. Statistical calculations released by the government shows that that 87.18 percent of Indonesia's population is Muslim. However, the current applicable legal system is the Continental European legal system, the Anglo Saxon legal system and a small part of customary law and Islamic law. Yusril Ihza Mahendra is one of the national figures and experts in constitutional law who is interested in the issue of the transformation of Islamic Shari’ah into National Law. This study aims to analyze Yusril Ihza Mahendra's thoughts on the Transformation of Islamic Shari'ah into National Law. The type of this research is normative legal research. So that the taking of legal materials using the library method is reinforced by direct interviews. Yusril Ihza Mahendra said that the transformation of Islamic Shari’ah into national law was very relevant to implement, considering that Indonesia is a country with a majority Muslim population. Legislative drafting that is in line with the community's beliefs will likely work, whereas Islamic law is the living law in Indonesian society. However various formulation processes are required. That is by formulating the principles of Islamic law and then pouring it into a form that can be implemented in reality. In addition, it is necessary to have institutions of power called legitimate state to impose a legal norm so that it is carried out and obeyed by the public. Furthermore, the process of legislative drafting is the political process. This process requires awareness by cultivating an Islamic spirit of the rulers because they have the right to draft regulation or legislation.Keywords: Transformation, Islamic Shari'ah, National Law

Digital Transformation In Indian Insurance Industry

This paper titled “Digital Transformation in Indian Insurance Industry” is an attempt to give deep insights to all the readers on digital transformation in insurance space. Technological innovations are extensive and all encompassing. Disruptions are not industry specific and insurance industry is no exception to this. Recently regulator published a draft regulation on sandbox concept, which permits carriers to innovate their offering to end user. This is led by fintech and insure tech companies and carriers have structured digital boards to take this revolution forward.Major findings of this paper are usage of block chain technology and data security in insurance industry. With companies constituting digital boards, pandemic has only acted like a tailwind for the digital push wherein entire sales process is migrated to digital way of selling. This move has a multiplier effect on customer reach, cost efficiency and service precision. Customers who are keen to have the best in terms of technological innovation will be delighted with the advancement in digital transformation.Also with big data and analytics, we are coming back to risk based pricing, which is proportionate to the risk borne by the customer. This is still evolving in life insurance as the deployment of wearables is at a nascent stage.Newer technologies like AI and machine learning are facilitating companies register higher growth both on cross and upsell opportunities. This will indisputably have an immense and long term positive impact on the bottom line of most insurance companies thus enhancing profitability.Researcher concludes that digital innovation will surely have a great and positive impact on profitability of insurance companies.

ANALYSIS OF APPLICATION ARTICLE 88 REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 120 OF 2018 CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 80 OF 2015 CONCERNING THE ESTABLISHMENT OF REGIONAL LEGAL PRODUCTS

Enforcement of the concept of law facilitation of its implementation has not gone well, especially the implementation of the order Article 88 Regulation of the Minister of Home Affairs No. 80 of 2015 on the Establishment of Regional Law Products in conjunction with Minister of Home Affairs Regulation Number 120 Year 2018. The problem of how the legal consequences and obstacles in the application of Article 88 Minister of Home Affairs Regulation No. 120 of 2018 concerning Amendment to Regulation of the Minister of Home Affairs Number 80 Year 2015 concerning the Establishment of Regional Law Products against the preparation of regional legal products in Lampung Province. Research methods use normative and empirical juridical approaches. Norms must be stated in Article 88 paragraph (2) Regulation of the Minister of Home Affairs No. 120 of 2018 states that facilitation of draft local regulations and draft regulations of regional heads and / or draft regulations of the DPRD has the consequence that facilitation must be implemented, if there is no law on the draft regional regulations and draft regulations of regional heads and / or draft regulations of the DPRD flawed procedures both material (substantial) and formal (procedural) and can not be determined and delay in facilitation resulting in all the implementation process of the draft regional regulations and the draft regulation of regional heads and / or draft regulations of the DPRD. Advice to the Directorate General of Regional Law Products Otda of the Ministry of Home Affairs to prepare sop evaluation, facilitation of regional legal products, simplification of procedures.

Opinia na temat konkluzji z posiedzenia Rady Europejskiej (10 i 11 grudnia 2020 r.) dotyczących projektu rozporządzenia w sprawie ogólnego systemu warunkowości służącego ochronie budżetu Unii

The authors discuss the conclusions of the European Council addressing issues related to the concept of conditionality in the context of the draft regulation of the European Commission of 2nd May 2018, which would authorize the Council to implement measures for the protection of the Union budget. The authors also question the compliance of the Commission’s declaration, in which it takes note of the conclusions of the European Council and confirms its position, with the proposed regulation.

Anatomy education in traditional and complementary medicine: who should teach anatomy?

Objectives: The aim of this study was to emphasize the amount of anatomy courses in the regulation titled, “Traditional and Complementary Medical Implementations” and to make anatomists think of the question who should teach anatomy in traditional and complementary medicine? Methods: The anatomy courses in the standards of education for traditional and complementary therapies organized by the Turkish Republic Ministry of Health were investigated. The number of anatomy courses for teaching complementary medicine without standards of education were taken from the draft regulation for traditional and complementary therapies. Results: Clinical anatomy is the practical application of anatomical knowledge to diagnosis and treatment. Up to date, there is no regulation defining who is authorized to give anatomy lectures in the workshops or courses permitted by the Ministry of Health of Turkey. It was seen that, theoretically, any health practitioner in workshops could give anatomy lectures. Conclusion: Anatomists are experts of the structure and relationship of all parts of the body. A great number of anatomists are practicing traditional and complementary medicine in Turkey. The anatomists who are qualified in both anatomy and complementary medicine may be the ideal lecturers in the education of these methods.

THE AUTHORITY OF THE SUB-DISTRICT HEAD IN EVALUATING DRAFT REGULATION OF THE VILLAGE REGARDING VILLAGE BUDGET IN CENTRAL BENGKULU BASED ON THE REGENT’S REGULATION OF CENTRAL BENGKULU NUMBER 34 OF 2018 REGARDING THE AUTHORITY DELEGATION OF THE REGENT TO THE SUB-DISTRICT HEAD IN EVALUATING DRAFT REGULATION OF THE VILLAGE REGARDING VILLAGE BUDGET AND DRAFT REGULATION OF THE VILLAGE ABOUT VILLAGE BUDGET AMENDMENT

The researcher will discuss the Sub-Districts Head authority in evaluating Draft Regulation of the Village regarding Village Budget (APBDes) in Central Bengkulu Regency based on the Regent’s Regulation of Central Bengkulu Number 34 of 2018 regarding the Authority Delegation of the Regent to the Sub-District Head in evaluating Draft Regulation of the Village regarding Village Budget and Draft Regulation of the Village about Village Budget Amendment (p-APBDes). The purpose of this research was to find out and to analyze the authority of the Sub-District Head in terms of evaluating the Draft Regulation of the Village regarding APBDes in Central Bengkulu Regency based on the Regent’s Regulation of Central Bengkulu Number 34 of 2018 regarding the Authority Delegation of the Regent to the SubDistrict Head in evaluating Draft Regulation of the Village Regarding APBDes and Draft Regulation of the Village about p-APBDes. This research was normative legal research. Data sources used were primary and secondary data sources. In collecting the data, the researcher used the methods of library studies and field studies. After the research was conducted, it canbe concluded that the authority of the Sub-District Head in evaluating the Draft Regulation of the Village regarding APBDes and P-APBDes in Central Bengkulu Regency was carried out based on the regulation mandate that stipulated in Law No. 6 of 2014 about Village, Law No. 23 of 2014 about Local Government, Government Regulations No. 43 of 2014 about Regulations for Implementing Village Laws, Government Regulations No. 17 of 2018 about sub-districts, Regulation of Minister of Home Affairs No. 20 of 2018 about Village FinancialManagement and Regent’s Regulation of Central Bengkulu number 34 of 2018 regarding the Authority Delegation of the Regent to the Sub-District Head in evaluating Draft Regulation of the Village Regarding APBDes and Draft Regulation of the Village about p-APBDes.