Jurnal Perspektif Hukum

STUDI KASUS PUTUSAN NO. 1650/PDT.G/2017/PA.MKS TENTANG GUGATAN NASABAH YANG MERASA DIRUGIKAN OLEH PROSEDUR LELANG JAMINAN

2025-01-20T02:30:44+00:00

This study examines legal issues related to the execution of collateral auctions in the case of Decision No. 1650/Pdt.G/2017/PA.Mks, where a customer sued the bank, alleging harm caused by the determination of the auction’s reserve price, which was deemed too low and lacked transparency. The main issue addressed is how the court assessed the lawsuit and to what extent the auction procedures complied with the applicable legal provisions. The purpose of this study is to analyze the reasons behind the customer’s perception of harm due to the auction procedures and how the court adjudicated the dispute. The research employs a normative legal method with a literature study approach. The data sources include court decisions, journal articles, legal textbooks, and relevant regulations, such as the Law on Mortgage Rights and the Ministry of Finance Regulations on auction implementation. The findings indicate that the customer's lawsuit was declared inadmissible (Niet Ontvankelijk Verklaard) due to the court's lack of absolute jurisdiction over the dispute. Additionally, the bank's execution of the auction was found to be in compliance with the applicable legal provisions. This study underscores the importance of customers understanding legal procedures and arbitration clauses in Islamic contracts, as well as the need for greater transparency in the execution of auctions by Islamic financial institutions.

HARMONISASI HUKUM TERHADAP MEANINGFUL PARTICIPATION PADA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN

2025-01-20T02:29:42+00:00

Harmonisation of laws and regulations on public participation in the formation of laws and regulations is important/urgent to determine the quality of laws promulgated by the DPR together with the President. This is because community participation is not only about participating in the formation of the law but also determining whether the law will be accepted or rejected by the community after it is implemented. The formulation of the problem in this research is How is the basic concept of legal harmonisation of Meaningful Participation in the formation of laws and regulations based on Law Number 13 of 2022. The method of legal research is normative juridical or library legal research (search library), by analysing literature or secondary data relevant to the topic. This research is descriptive analytical, the data obtained and processed and analysed to provide a comprehensive picture of the basic concepts of harmonisation of the principles of meaningful public participation, with data collection methods through document studies. The results of the research show that harmonisation of laws and regulations has been implemented, but only the implementation of the content of Article 96 Paragraph (1) reads: The public has the right to provide input orally and/or in writing in the formation of laws and regulations; The public has the right to provide input orally and/or in writing in the formation of laws and regulations. The content of the article is not carried out perfectly and the legislators only stick to the formal requirements without seeing the urgency of community participation as a benchmark for the acceptance of laws in society.

QUO VADIS: DINAMIKA POLITIK HUKUM PENGESAHAN UNDANG UNDANG PERAMPASAN ASET

2025-01-20T02:27:32+00:00

The recovery of assets derived from crimes has become one of the urgent and critical issues at the global level in Indonesia, namely to take back assets illegally obtained by and or who are not legally responsible so that the Government and the DPR based on their authority need to ratify the draft law on asset forfeiture immediately into law. The formulation of the problem in this study is How are the dynamics of legal politics in the formation of the draft law on asset forfeiture based on Law Number 13 of 2022 concerning the Formation of Legislation. The research method used is normative juridical law or library legal research (search library), by analysing literature or secondary data relevant to the topic. This research is descriptive analytical, the data obtained and processed and analysed to provide a comprehensive picture of the legal political dynamics that occur between the Government and the DPR in terms of passing the draft law on asset forfeiture into law, with data collection methods through document studies. The results showed that the legal political dynamics that occurred between the Government and the DPR so that the Asset Forfeiture Bill was not passed due to many things, including first: The Asset Forfeiture Bill is contrary to Law Number 39 of 1999 concerning Human Rights Article 29 Paragraph (1); Second. Political interests of the Government and Parliament; Third. Coordination issues between law enforcement agencies; Fourth. The authority to adjudicate in the judicial system

PENGAMPUNAN TINDAK PIDANA KORUPSI: SOLUSI ATAU KEMUNDURAN HUKUM DI INDONESIA

2025-01-20T02:25:04+00:00

The government's discourse in terms of granting pardons for corrupt crimes has generated a lot of controversy among the public and legal experts in Indonesia whether this democracy has experienced a legal setback because this pardon is not clearly and in detail regulated in Law Number 21 of 2001 concerning Eradication of Corruption Crimes because corruption has a different pattern from other criminal offences because criminal offences must be adjusted to the character of the crime. The research method used is normative juridical law or legal research library (search library), by analysing literature or secondary data that is relevant to the topic. This research is descriptive analytical, the data obtained and processed and analysed to provide a comprehensive picture of the forgiveness of corruption crimes regulated in Law Number 21 of 2011 concerning Corruption Crimes with data collection methods through document studies. The results of the study indicate that the pardon of corruption crimes regulated in the TIPIKOR Law is not effective and does not provide legal certainty to be implemented by law enforcement officials because there is no detailed law that regulates guardianship by paying or compensation for corruption crimes that harm state finances. Even if this is implemented by the government, it will experience a setback in democracy in the field of law enforcement and many people will carry out corruption with the assumption that criminal acts can be replaced by fines or refunds for corruption crimes committed.

ANALISIS REGULASI PINJOL PADA SENGKETA KONSUMEN YANG BERBASIS KEADILAN

2025-01-31T03:01:58+00:00

This study analyzes online lending regulations (pinjol) in the context of justice-based consumer dispute resolution in Indonesia. The increasing number of consumer dispute cases in the financial technology (fintech) lending industry, especially online loans, shows a gap between existing regulations and their implementation in the field. Using a normative legal research method with a statutory and conceptual approach, this study aims to analyze the effectiveness of pinjol regulations in resolving consumer disputes and identify aspects that need to be strengthened to create a more equitable dispute resolution. Data were collected through literature studies and analysis of regulatory documentation related to pinjol and consumer protection. The results of the study indicate that existing pinjol regulations have not been fully able to provide optimal protection for consumers in resolving disputes. There are three main findings that are the main points that need to be highlighted: (1) there is still a lack of clarity regarding effective and efficient dispute resolution mechanisms, (2) weak supervision of unethical collection practices, and (3) lack of harmonization of regulations between relevant authorities in handling pinjol consumer disputes. This study recommends the need to strengthen regulations through: improving dispute resolution mechanisms, increasing supervision, and harmonization of regulations between relevant institutions. The theoretical implications of this study contribute to the development of a fintech regulatory concept that is more oriented towards consumer protection, while its practical implications provide input for policy makers in perfecting more equitable online loan regulations that favor the wider community.