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All Journal Berajah Journal
Hasnah Aziz
Universitas Islam Syekh-Yusuf Tangerang
Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

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ANALISIS YURIDIS PERLINDUNGAN KONSUMEN TERHADAP PRAKTIK PINJAMAN ONLINE ILEGAL DI INDONESIA Naek Efendi; Hasnah Aziz; Asep Mulyana; Tugimin Harjotaruno; Dadang Rachmat; Juhana Nuryana
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.495

Abstract

Abstract The development of financial technology (fintech) lending in Indonesia has brought significant transformation in financial service access, yet simultaneously raised serious problems regarding the proliferation of illegal online lending practices. These practices involve misuse of consumers personal data, digital intimidation, exorbitant interest rates, and various actions that substantially harm consumers. This article aims to analyze juridically the legal protection framework for consumers against illegal online lending practices in Indonesia. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, court decisions, Financial Services Authority reports, and scientific literature studies. The results show that consumer protection against illegal online lending practices faces multidimensional challenges, including regulatory weaknesses that do not comprehensively regulate digital lending aspects, law enforcement limitations due to the transnational nature of perpetrators, and low consumer financial literacy. This article recommends the need for harmonization of legislation, strengthening of cross-institutional cooperation, and revitalization of consumer education to create an online lending ecosystem that effectively protects consumer rights.
PERTANGGUNGJAWABAN HUKUM FINTECH LENDING ATAS KREDIT MACET DALAM PERJANJIAN ELEKTRONIK Rahmat Giling; Hasnah Aziz; Nursalim; Mahmuddin; Dany Wahyu
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.502

Abstract

The development of financial technology lending (fintech lending) in Indonesia has transformed the financing landscape by introducing electronic agreements as the primary legal instrument in creditor-debtor relationships. However, the increasing volume of non-performing loans in this sector raises fundamental questions regarding the legal accountability of fintech lending providers. This article aims to analyze juridically the legal accountability of fintech lending for non-performing loans arising from electronic agreements. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, court decisions, Financial Services Authority reports, and scientific literature studies. The results show that the legal accountability of fintech lending for non-performing loans involves three crucial aspects: first, the legal status of fintech lending as an intermediary versus a party to the credit agreement; second, the distribution of responsibility among fintech lending, partner banks, and investors in the peer-to-peer lending financing structure; and third, the mechanism for resolving non-performing loans that fulfills the principle of substantive justice. This article recommends the need for clarification of the legal status of fintech lending in legislation, harmonization of obligations among parties in electronic agreements, and development of a proportional non-performing loan resolution mechanism.
EKSISTENSI REGULATORY SANDBOX OJK DALAM PENGEMBANGAN INOVASI FINTECH DI INDONESIA Imam Fathwa; Hasnah Aziz; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.535

Abstract

The development of financial technology (fintech) in Indonesia has resulted in significant transformation in the financial services ecosystem, but has simultaneously raised complex regulatory challenges because the speed of technological innovation outpaces the ability of existing legal frameworks to adapt. The Financial Services Authority responded to this challenge through the implementation of a regulatory sandbox as a regulatory mechanism that allows testing of fintech innovations in a controlled environment before full implementation. This article aims to analyze juridically the existence of the OJK regulatory sandbox in the development of fintech innovation in Indonesia. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, OJK policies, regulatory sandbox testing reports, and scientific literature studies. The results show that the existence of the OJK regulatory sandbox has a strategic role in encouraging fintech innovation while maintaining financial system stability and consumer protection, but faces juridical challenges including weak legal foundations that are not explicitly regulated in law, ambiguity in OJK authority in implementing regulatory sandboxes, and limited consumer protection and dispute resolution mechanisms during the testing period. This article recommends the need to enrich the juridical foundation of regulatory sandboxes through revision of laws or government regulations, affirmation of proportional OJK authority, and development of comprehensive consumer protection mechanisms to create a fintech ecosystem that is innovative and fair.
KONSTRUKSI HUKUM PERLINDUNGAN KONSUMEN TERHADAP DARK PATTERN PADA APLIKASI FINTECH Wisnu Cahyo Apriliyadi; Hasnah Aziz; Muhammad Fajar Alfahimi; Aditya Putra Setyawan; Ahiruddin
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.539

Abstract

The development of financial technology (fintech) in Indonesia has significantly transformed the financial transaction landscape. However, behind the convenience offered, manipulative practices known as dark patterns have emerged in fintech application interfaces. These practices refer to user interface design elements deliberately exploited to manipulate users into making unintended decisions, such as subscribing to paid services, consenting to personal data usage, or conducting specific financial transactions. This study aims to construct a legal framework for consumer protection against dark patterns in fintech applications in Indonesia by analyzing existing legal provisions and identifying regulatory gaps. The research method used is normative legal research with a statutory, conceptual, and comparative approach. The results indicate that Law Number 8 of 1999 on Consumer Protection, Law Number 11 of 2008 on Information and Electronic Transactions as amended by Law Number 19 of 2016, and regulations of the Financial Services Authority (OJK) have not explicitly regulated dark patterns as a form of unfair trading practice. This study recommends the need to amend the Consumer Protection Law to accommodate specific regulation of dark patterns, strengthening the OJK's authority in overseeing fintech application interface design practices, and establishing binding ethical interface design codes for fintech providers.
ANALISIS HUKUM PENGGUNAAN BIOMETRIC VERIFICATION PADA LAYANAN PERBANKAN DIGITAL Djamal Efendi; Hasnah Aziz; Ervawati; Dede Agus Sodikin; Dian Retno Widayati
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.540

Abstract

Digital transformation in the banking sector has produced significant innovation in the form of biometric verification as an authentication mechanism in digital banking services. Biometric technology that includes facial recognition, fingerprints, iris scanning, and voice patterns offers a superior level of security and convenience compared to conventional authentication methods. However, the use of biometric verification raises fundamental legal complexities related to personal data protection, bank liability for system failures, and compliance with financial regulations and consumer protection. This article aims to analyze juridically the legal framework for the use of biometric verification in digital banking services in Indonesia. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, regulator policies, industry reports, and scientific literature studies. The results show that the use of biometric verification faces multidimensional juridical challenges including regulatory weaknesses that do not comprehensively regulate biometric technology aspects, ambiguity in the distribution of responsibility between banks and customers for authentication failures, and limited mechanisms for protecting customers from biometric data misuse. This article recommends the need for harmonization of legislation, strengthening of biometric technology security standards, and development of proportional accountability mechanisms to create a safe and fair digital banking ecosystem.
ANALISIS PENERIMAAN MASYARAKAT TERHADAP CRYPTO ASSET SEBAGAI INSTRUMEN HEDGING INVESTASI PERBANKAN SYARIAH Ahmad Nurafendi; Hasnah Aziz; Muslimin; Bachtiar Kemal Harahap; Akhmad Faishal
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.546

Abstract

The development of crypto assets in Indonesia has reached a significant stage with transaction value reaching IDR 482.23 trillion in 2025 and consumer numbers surpassing 20.19 million. On the other hand, Islamic banking in Indonesia faces challenges in diversifying sharia-compliant investment portfolios. This study aims to analyze public acceptance of crypto assets as hedging instruments in Islamic banking investment portfolios, identify legal and sharia challenges, and formulate an ideal regulatory framework. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that public acceptance of crypto assets tends to be positive, especially among young age groups, but is confronted with legal uncertainty regarding the sharia status of crypto assets, extreme volatility approaching gharar and maysir elements, and the absence of a definitive fatwa from the National Sharia Council-Indonesian Ulema Council. This study recommends the establishment of a specific fatwa on crypto assets for Islamic banking, strengthening of sharia financial literacy, and harmonization of regulations between OJK, BI, and DSN-MUI to create a sharia-compliant crypto asset investment ecosystem.
Co-Authors Aditya Putra Setyawan Ahiruddin Ahmad Nurafendi Akhmad Faishal Asep Mulyana Bachtiar Kemal Harahap Bayu Triwibowo Dadang Rachmat Dany Wahyu Dede Agus Sodikin Dian Retno Widayati Djamal Efendi Ervawati Imam Fathwa Juhana Nuryana Mahmuddin Muhammad Fajar Alfahimi Muslimin Naek Efendi Nursalim Rahmat Giling Ratu Chumairoh Noor Tri Susanto Tugimin Harjotaruno Wisnu Cahyo Apriliyadi