Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 13/08/2021
- Languages
- English
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Open Access
LEGAL PROTECTION FOR CUSTOMERS AGAINST RISKS IN BANK AGREEMENTS IN INDONESIA
Abstract
This research was conducted with the aim of finding out how legal protection measures for customers (debtors) as consumers of bank service users and how the accountability of the bank in the event of risks related to bank credit agreements. By using the normative juridical research method, the credit agreement is a standard contract, where the contents or clauses of the credit agreement have been standardized and set forth in a form (blank), but are not bound in a particular form. Prospective debtor customers only need to sign if they are willing to accept the contents of the agreement, not giving the prospective debtor the opportunity to further discuss the contents or clauses submitted by the bank. Standard agreements are needed to meet practical and collective needs. At this stage the position of the prospective debtor is very weak, so that he just accepts the terms offered by the bank, because otherwise the prospective debtor will not get the credit in question. The function of the Bank is as a financial mediator that bridges the owner of funds with the people who need funds, both as depositors of funds and borrowers of funds. In the relationship between banks and customers, bank actions often occur that are detrimental to their customers, but so far, legal protection is often not maximal, because in the relationship between banks and customers, it is seen that the bank dominates in banking transactions so that sometimes it is detrimental to customers.
Keywords: Bank customers, agreement
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Open Access
ANALYSIS OF LEGAL PROTECTION FOR CAPITAL MARKET INVESTORS
Abstract
This reseach discusses the legal protection for capital market investors. The capital market industry in a country is urgently needed as a source of national development funds. In its activities, there are actors who fully support and support capital market activities in accordance with their respective duties and functions. The existence of investor funds has been able to move the capital market industry in particular. In general, investor funds can be a source of funds for national development. However, due to the unbalanced share composition between founders and public investors, this weakens the position of investors, so that investors often become victims of crimes and capital market violations. Law No. 8 of 1995 concerning the Capital Market which is The legal basis for the existence of the capital market in Indonesia has provided legal guarantees for the parties conducting activities in the capital market sector as well as protection for investors. Protection for investors is a requirement to establish the principle of full and fair disclosure or transparency. The writing method used by the writer in this research is the normative method. The results show how legal protection for capital market investors is based on Law Number 8 of 1995 concerning the Capital Market and Law Number 21 of 2011 concerning the Financial Services Authority.
Keywords: Capital markets, investors, legal protection
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Open Access
BANKING LIABILITY TO CUSTOMERS FOR LEAKAGE OF BANK CUSTOMERS' PERSONAL INFORMATION
Abstract
This journal will discuss banking responsibility for leakage of confidential information such as customer identities. How many cases of confidential leakage of bank customers can occur in Indonesia. Secret leaks of bank customers that occur in general are identity leaks involving insiders (internal parties / affiliated parties) who of course know the ins and outs of a damaged bank system and security. Insider involvement is indeed an initiative and collaboration between insiders, there is also collaboration between bank insiders and outsiders (exteren). The problems discussed in this journal are First, how to protect banking customer information, second, how is the responsibility of banking accountability according to law in the law in an effort to provide protection for customers who experience losses due to leaking of information that can provide information, and for the purpose of this research is to see the answers or answers to solving these problems.
Keywords: Confidential information, bank customers, Accountability
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Open Access
MEASURING THE ONLINE SINGLE SUBMISSION SYSTEM IN PP NUMBER 24 OF 2018 AS THE Embodiment of ENVIRONMENTAL PROTECTION
Abstract
License is an instrument of environmental resource management. Law No. 32 of 2009 on Environmental Protection and Management (UU-PPLH) states that environmental permits are integration of various previously separate permits. In order to accelerate licensing including the environmental sector, the government issued PP Number 24 Year 2018 on Electronically Integrated Business Licensing Service (PP OSS). The PP is published in the frame of reorganization of the One Door Integrated Service (PTSP) system through the Online Single Submission (OSS) system. However, with the presence of PP OSS does not transfer the authority and responsibility of issuance to OSS Institutions because oss institutions issue licenses for and on behalf of ministers, agency leaders, governors or regents / mayors in accordance with attribution, delegation or delegation of authority given to them. With the use of OSS system is expected to minimize gaps or potential occurrence of corruption in the field of environmental licensing which is actually one of the manifestations of environmental protection.
Keywords: OSS, Environmental Protection, Corruption
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Open Access
NOVELTY PRINCIPLE: PARADOKS PROTEKSI HAK DESAIN INDUSTRI DI INDONESIA
Abstract
Phrase "significantly equal" isn’t regulated in Law 31 of 2000 about Industrial Design, it’s cause in multiple interpretations related to the meaning of "novelty". The novelty element should refer to TRIPs Agreement, which isn’t the same or not similar to the previous disclosure. This study uses a normative juridical method, with a theoretical approach that is relevant to industrial design protection. This is what underlies research to determine the effectiveness of industrial design rights protection based on the novelty principle, and how to formulate law of industrial design in the future.
Keywords: Industrial Design Rights, Novelty, Protection by Law
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Open Access
PERKEMBANGAN JOINT VENTURE COMPANY DALAM PEMBANGUNAN INFRASTRUKTUR KETENAGALISTRIKAN
Abstract
Through the 35,000 MW Electricity Program, the Government opens the role of the private sector to be able to build electricity projects where the private portion through Independent Electricity Producers is 26,981 MW, and the rest is part of PT PLN (Persero). Independent Power Producer ("IPP") is basically a private business entity which is mostly the result of cooperation between 2 (two) companies that form a special purpose company (Special Purpose Company) to build, operate, sell electricity to PLN, then hand over all assets to PLN in accordance with the time period specified in the Agreement. In the electricity sector, a joint venture company is a combination of a subsidiary company of PT PLN (Persero) or its affiliates whose share ownership is at least 51% with a business entity that has strategic value for PT PLN (Persero), which can be in the form of a local business entity or a foreign business entity. The development of electricity infrastructure is currently dominated by the Independent Power Producer (IPP) project where the company is a joint venture company formation. Until now, there is no positive law in Indonesia that regulates this joint venture agreement or shareholder agreement. In practice, there is no obligation for the joint venture to report or submit the joint venture agreement to the government agencies related to the establishment of the joint venture. Accordingly, if the joint venture agreement is not provided for in positive law, it is likely that the agreement will be used by the controlling shareholder to further restrict minority rights.
Keywords :Joint venture; Infrastructure Development; Electricity; Electricity Program; Capital Investment
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Open Access
PERAN HUKUM LINGKUNGAN DALAM MENCEGAH KERUSAKAN DAN PENCEMARAN LINGKUNGAN HIDUP
Abstract
The environment is a unity of space with all objects, power, circumstances and living things including humans and also their behavior that affects the survival and welfare of humans and other living things contained in it. Every human activity and as the population grows will be accompanied by human needs that must be met, namely the need for resources in the environment or nature, therefore there is a need for control in every human activity when utilizing natural resources so as not to cause environmental pollution and environmental damage. The role of environmental law here is very important as an effort in preventing environmental damage. This research is a normative juridical research that examines legal issues using literature studies, laws and regulations, and other literature related to the law.
Keywords: Environmental; Law; Development.
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Open Access
RASIONALITAS MAHASISWA BERPARTISIPASI DALAM POLITIK UANG PADA PEMILIHAN KEPALA DESA KENEP
Abstract
The election of the village head is a manifestation of the existence of a democratic party, in which the people are directly involved in it. Various attempts have been made by the candidate for village head in order to win the village head election process, one of which is money politics. Money politics is a form of cheating at a democratic party. Students as agents of social change are required to show their role in real life. However, there were still many students participating in money politics. Max Weber's social action theory is used as an analytical tool on the rational actions of students who participate in money politics in village head elections. Rational action is divided into four types namely instrumental rational action, value rational action, affective action, and traditional action. The method used in this research is qualitative, using a phenomenological approach. The data from this study were obtained primary data and secondary data from national and international journals, books, internet, and scientific articles. The purpose of this study was to identify sources of information, perspectives, factors, processes and the rationality of students participating in money politics in the village head election. The results show that the rationality of students participating in money politics is caused by internal factors and external factors.
Keywords: democracy, students, money politics.
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Open Access
HARMONISASI PENGATURAN TENTANG PENERBITAN OBLIGASI DAERAH SEBAGAI SALAH SATU SARANA INVESTASI BAGI MASYARAKAT DAN SUMBER PENDANAAN BAGI PEMERINTAH DAERAH
Abstract
Municipal bonds are debt securities issued by local governments that are offered to the public through public offerings on the capital market. The issuance of debt securities is evidence that the local government has made a loan or debt to the holders of the debt securities. The choice to develop municipal bonds is based on the small development budget in the regions which makes public services neglected. In addition, there is a trend of capital spending in the APBD that does not support development and provision of infrastructure that supports economic development. On the other hand, regional loans in developed countries have become a trend of sources of financing for infrastructure development, for example in Vietnam, China, Japan and other countries. In the national context, Indonesia's status as a middle income country makes it increasingly difficult for Indonesia to obtain soft or cheap loans from international donor agencies and from bilateral countries. However, local governments in issuing regional bonds on the capital market, there are obstacles in terms of regulations, including the approval of the DPRD and the obligation to audit regional finances by public accountants. Therefore it is interesting to do research, using normative juridical research methods with descriptive analytical.
Keywords: Harmonization; Investment; Municipal Bond; Regional Government