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Legal protection of consumer rights in essence is the role of the government to protect the interests of consumers in the framework of trade. Violation of consumer protection norms can only be enforced if business actors are willing to voluntarily fulfill consumer demands for the fulfillment of consumer rights that have been violated by business ac...
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... The mandate to establish the Consumer Dispute Settlement Agency (BPSK) in Indonesia has existed since the enactment of Law no. 8 of 1999 concerning Consumer Protection (UUPK) (Purwoko et al., 2020;Subagyono et al., 2022;Syamsudin, 2021). Prior to the enactment of the UUPK, the choice of consumer dispute resolution was through deliberation or through the courts (Pardede, 2022;Saragih et al., 2022;Sujono et al., 2022). ...
Globalization has impacted Indonesia's economy, providing consumers with diverse goods and services. Advances in technology have facilitated global transactions, benefiting consumers. However, businesses have benefited from consumers through advertisements and promotions. The Indonesian Consumer Protection Law offers alternative dispute resolution options, including the Consumer Dispute Settlement Agency (BPSK). Despite the existence of alternative institutions, BPSK remains a necessary institution for quick and affordable dispute resolution. Strengthening the agency, achieving budget independence, improving human resources, establishing an online system, and establishing BPSK in each province and second-level region are crucial for its future success.
... Consequently, such protection engenders a feeling of security within the society [30]. Consumer protection is all efforts that guarantee legal certainty to provide protection to consumers [32]. It is stated that consumers are every person who uses goods and/or services available in the community, both for the benefit of oneself, family, other people, and other living creatures and not for trading [33]. ...
Purpose: The objective of this study is to identify and analyze the extent of governmental obligations under consumer protection laws in Indonesia with regards to the resolution of consumer disputes.
Methods/design/approach: The chosen research methodology used in this study was normative juridical, which included a comprehensive analysis of law, jurisprudence, and scholarly literature. This study adopts a statutory method, whereby legal materials such as Law Number 8 of 1999 on Consumer Protection, the Laws, the Civil Code, and other relevant laws and regulations are used as the legal foundation.
Results: The issue pertaining to consumer settlement in electronic transactions is analogous to the broader context of consumer dispute resolution. The regulatory framework for addressing such concerns is delineated in Chapter X of The Consumer Protection Act. The regulations pertaining to the rights and responsibilities of customers may be found in Articles 4 and 5 of Law No. 8 of 1999. Similarly, the rights and obligations of business actors are governed by Articles 6 and 7 of the same law. These articles govern the allocation or placement of consumers and corporate entities inside a business or trade transaction system. The provisions pertaining to the forbidden acts for business actors, as outlined in Law No. 8 of 1999, are specifically addressed in Articles 8 through 17. The need to oversee electronic transactions is stipulated in Article 29 and 30 of the consumer protection legislation. The overarching elucidation of these governmental rules posits that the oversight of consumer protection is conducted in collaboration between the government, the community, and LPKSM.
Conclusion: Online conflicts are not included by the Consumer Protection Act; instead, they are within the purview of the ITE Law. The term "consumer" as defined in the Consumer Protection Act refers specifically to the ultimate consumer. In contemporary times, the task of discerning between end customers and non-end consumers has grown more challenging, hence impeding the practical application of this concept. Hence, it is imperative to undertake a revision of the Consumer Protection Act.
Objective: This paper attempts to compare the law between Indonesia and The United States of America regarding the mechanism of asset forfeiture in the context of criminal law. In Indonesia, several criminal law provisions already regulate the possibility of confiscating and forfeiting the proceeds of criminal acts. However, under these provisions, asset forfeiture can only be carried out after the perpetrator of the criminal act is legally and convincingly proven to have committed a criminal act. The Asset Forfeiture Draft Law the text of which is just about to be submitted to parliament can bridge the norm of illicit enrichment or improperly obtained wealth, which is actually set out in the UN Convention Against Corruption, but not yet in Indonesian law. Theoretical framework: To present Indonesian and U.S. experience in regulating the possibility of confiscating and forfeiting the proceeds and instruments of criminal acts. It takes a complete and comprehensive normative juridical approach to asset forfeiture law, presents theoretical elaboration from international scientific publications, reports, and empirical studies. This paper presents a comparison between Indonesian and United States law regarding the forfeiture of assets resulting from money laundering. The United States has been the initiator of the Non-Conviction Based Asset Forfeiture mechanism. As a result of applying the concept of Non-Conviction Based Asset Forfeiture, the United States has benefited by being able to recover state losses suffered due to corruption without having to go through criminal proceedings. Thus, it has been able to minimize state losses occurring due to corruption. Methodology: There have been many studies examining asset forfeiture in various countries, but no study has been found thus far which adequately describes the norms and implementation of laws Indonesian and United States laws, respectively. It is important for Indonesia to understand the United States’ experience, both normatively as well as empirically. Therefore, the normative juridical approach with comparative study approach serves as a tool to investigate various legal aspects of the two countries. Articles with relevant themes that occur in various countries, including Indonesia and the United States, are included in this study. Results and conclusion: An asset forfeiture mechanism is required in national law which adopts the model of forfeiture of assets resulting from criminal acts through civil law. The implementation of the model of criminal asset forfeiture by the means of civil law is needed for the prompt recovery of state losses without first having to prove the criminal act committed by the perpetrator. Originality/ value: This paper is a comparative study of Indonesian and U.S. law respectively which highlights money laundering and asset forfeiture. This study also demonstrates that the asset forfeiture mechanism applied in the United States of America using Non-Conviction Based Asset Forfeiture is a revolutionary concept in forfeiting the proceeds of crime.
Digital Financial Innovation or IKD (a new name for fintech by the Financial Services Authority/OJK) is an activity to innovate business processes, business models, and financial instruments that can provide new added value in the financial services sector and in its implementation in-volves the digital ecosystem. IKD Financial Planner is one of IKD’s groups based on a digital financial planning business model by accredited financial planners who offer their services through a digital platform. This study will discuss regarding an agreement of Finansialku, one of the IKD Financial Planner platforms authorized by the OJK. In the transaction, the main binding agreement between the Finansialku team and its service users is the Application User Agreement. This study aims to identify the legal standing between users and financial planners on IKD Financial Planner Finansialku ecosystems. This study concludes that in the main agreement the legal subjects who are bound and have legal standing are Members (service users) and IKD (service providers, in the form of limited liability company), without the involvement of financial planners.Keywords: Digital Financial Innovation; Fintech; Financial Planner, Digital Financial Planner. AbstrakInovasi Keuangan Digital atau IKD adalah aktivitas pembaruan proses bisnis, model bisnis, dan instrumen keuangan yang dapat memberikan nilai tambah baru di sektor jasa keuangan dan dalam penyelenggaraannya melibatkan ekosistem digital. Penelitian ini membahas perjanjian dari Finansialku, salah satu plat-form IKD Financial Planner yang diakui oleh OJK. Dalam transaksinya, perjanjian utama yang mengikat antara tim Finansialku dan pengguna jasanya adalah Perjanjian Pengguna Aplikasi. Penelitian ini bertujuan untuk mengidentifikasi kedudukan hukum antara pengguna jasa dan financial planner dalam ekosistem IKD Financial Planner Finansialku. Penelitian ini menyimpulkan bahwa dalam perjanjian utamanya subyek-subyek hukum yang terikat dan memiliki kedudukan hukum adalah Ang-gota (pengguna jasa) dan IKD (pemberi jasa, berbentuk Perseroan Terbatas), tanpa melibatnya perencana keuangan.Kata Kunci: Inovasi Keuangan Digital; Fintech; Perencana Keuangan; Perencana Keuangan Digital
The development of modern business in the digital era in the services of non-bank financial institutions, which provides convenience and acceleration in services to consumers of financial services is Financial Technology. Peer-to-peer lending is a fintech product that provides loans to debtors at high interest rates. The maximum loan interest rate set by the Indonesian Joint Funding Fintech Association (AFPI) is 0.8% per day. This determination is very burdensome for the debtor as a consumer of financial services, so there needs to be protection and regulation by the authorized institution. This normative legal research aims to determine the role of the Financial Services Authority in determining the Financial Technology Loan Interest Rate as the Protection of Financial Services Consumers. The results of this study, that the role of the Financial Services Authority as an institution that has the authority to regulate and supervise bank and non-bank financial institutions, has issued Financial Services Authority Regulation no. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. In the POJK, OJK does not set loan interest rates. Peer-to-peer fintech lending providers are encouraged to offer reasonable interest rates and are still within a reasonable range.
The purpose of this writing is to understand the policies issued by the Government of Indonesia through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) offering incentives for building use rights (HGB) for up to 80 years and even up to 160 years for investors in Mrs. Archipelago City (IKN). Laws and regulations regarding the term of building use rights have been regulated in law number 5 of 1960 concerning basic agrarian regulations, other laws and regulations which also regulate building use rights are in Government Regulation Number 18 of 2021 concerning management rights. , Land rights, apartment units and land registration, the HGB period according to this law is given for a maximum period of 30 years, extended for a maximum period of 20 years and renewed for a maximum of 30 years. The research method used in this paper is a type of normative research that analyzes the Granting of Building Use Rights (HGB) for 160 years to Investors for the Development of the Archipelago Capital City (IKN). This normative research emphasizes written documents such as laws and regulations, court decisions, legal theories and opinions of scholars. The granting of Building Use Rights to investors for the development of the Archipelago Capital City cannot be given at the same time, Extension and renewal of HGB for 160 years, but Building Use Rights for 30 (thirty) years are given then extended for 20 (twenty) years, and renewal is carried out for 30 (thirty) years after the expiry of the land with the Right to Build, it will return to become Land directly controlled by the State or Land with Management Rights.
The Corruption Law of Indonesia regulate the return of the state’s losses suffered by state shall not exclude the criminal acts performed by the perpetrators. In practice, the state’s financial loss due to corruption is less than the cost of enforcing the relevant law. Furthermore, a corruption case requires manpower and lengthy process. Thus, the novel idea of settling minor state financial losses in corruption cases by means of returning the losses is considered more effective when applied with certain conditions. The research method of this study is normative judicial. The data used are primary, secondary and tertiary. This study argues that the concept of restorative justice could be applied to the settlement of corruption cases with minor state finance losses with certain conditions. The restorative justice approach to handling cases of corruption emphasises the restoration of the original state of affairs prior to the corruption, the application of restorative justice includes the stoppage of cases in the examination, investigation, and prosecution stages by considering the interest of the state, society, and other legal interests to be protected, the avoidance of negative stigma and retaliation, as well as society’s response to such as resolution.
To facilitate investment for business actors, Law no. 11 of 2020 concerning Job Creation makes changes, deletions, and stipulations to new regulations in several laws. One of the new regulations is to simplify the establishment of limited liability companies (LLCs) through changes to the provisions on company capital, legal entity status, and the company criteria for allowing one person to establish a micro or small business referred to in this research as a one-man company. In its development to date, BPS data from a survey of the impact of the Covid-19 pandemic on approximately 30,000 MSME business actors in 2020 shows that as many as 84 percent of MSMEs experienced a decrease in income during the pandemic, with as many as 24 percent reducing capacity. This research was conducted using a normative juridical approach that examines legal principles as well as related laws and regulations. the legal basis for individual companies is regulated in laws and regulations which include Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja), Government Regulation Number 7 of 2021 concerning Ease, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises, Government Regulation Number 8 of 2021 concerning Authorized Capital of the Company and Registration of Establishment, Amendment.
There are currently various problems with prisons, including the emergence of problems regarding Over Capacity in prisons. Especially in the era of the Covid-19 pandemic, where prisons in Indonesia are not comparable to limited capacity space. In the renewal of criminal law, in this case, the Draft Law on the Criminal Code (RUU-KUHP) has discussed various alternative crimes, one of which is the existence of social work crimes. Research on social work crimes to overcome overcapacity in Post Pandemic Prisons (Prisons) uses normative legal research methods. The legal material used is to use library studies (Library Research). The regulations regarding social work crimes have been implemented in several countries such as the Netherlands, Portugal and Denmark. Social work crimes are also known as short-term deprivation of liberty and as an alternative attempt to carry out certain crimes with a short time.
Verifying an heir's deed of inheritance is an approach to proving an heir’s legal status. The Indonesian Ministry of Land and Special Planning Regulation No.16/2021 stipulates that a notary can make an inheritance deed for all residents in Indonesia regardless of their ethnic groups. This paper investigates the notary inheritance deed arrangement based on the regulation mentioned above and the challenges notaries still encounter in making an inheritance deed after the regulation’s enactment. The researcher applied normative research with a descriptive approach and utilized secondary data for qualitative analysis. The deductive approach to this research helped the researcher conclude that the authority of notaries to make an inheritance deed as regulated in the Indonesian Ministry of Land and Special Planning Regulation No.16/2021 contradicts their authority as regulated in the Indonesian Law on the Notary Position Act. An in-depth understanding of the customary inheritance law in all Indonesian regions challenges the authority of notaries to make an inheritance deed under the Indonesian Ministry of Land and Special Planning Regulation No. 16/2021.
