Articles
<![CDATA[Indonesia Data Protection in the Use of M-Banking, Is It Save? ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 10 No 3 (2021) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2021.v10.i03.p01
<![CDATA[Banking is one of the institutions in the financial sector that provides services to users and customers. The development of science, information, and technology, makes it easy to develop the banking system itself, by developing systems and services that aim to provide facilities and pamper its customers. With regard to flexibility, efficiency and practicality. Thus, was born a new method in developing banking services for customers, where the system is called electronic banking, or usually with the term e-banking which allows customer service users to use it, anywhere and anytime, not limited by time with the service. As for the making of this journal, he uses an approach to the type of normative legal research, where research is carried out in research conducted by examining library materials related to this issue. The problem raised by the author is how the normative juridical review is related to the protection of bank users using M-Banking from the threat of crime in the digital world and what forms of legal protection are for bank customers in the use of M-Banking. So that through this paper, it is hoped that it will be useful for the protection of the public so that customers become safer.]]>
<![CDATA[License Revocation of Insurance Companies and Legal Protections of the Policyholders ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15139
<![CDATA[Introduction to The Problem: Revocation of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.Purpose/Objective Study: This research discussed the types of license revocation of the insurance companies and legal protections of the policyholders when this revocation happened.Design/Methodology/Approach: This study is a qualitative one, which uses a normative juridical method. It approached by the juridical research that uses primary data in the form of Acts or Regulations.Findings: The types of business license revocation of insurance companies are divided into 4, namely: (1) cancellation of business licenses due to administrative sanctions that are gradually applied; (2) revocation of business licenses due to company requests; (3) dismissal of business licenses due to bankruptcy, and; (4) revocation of business licenses due to the merging or business combination. The respective procedures are governed by the relevant OJK Regulations. The repeal of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.]]>
<![CDATA[EFFORTS TO PROTECT CONSUMER’S SPIRITUAL RIGHTS IN ORGANIZING ISLAMIC MICROFINANCE INSTITUTIONS IN INDONESIA ]]>
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Diponegoro ]]>
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DOI: 10.14710/dilrev.5.2.2020.172-187
<![CDATA[Microfinance Institutions (MFIs) are part of non-bank financial institutions. In organizing, MFIs can be implemented with sharia principles, but not a few people who assume that this Sharia-based MFI is only a label to attract the sympathy of the Muslim community. Based on this, this study aims to determine the legal policies for the implementation of MFIs in Indonesia and to find out regulatory policies regarding sharia principles in the organization of MFIs as an effort to protect the spiritual rights of consumers. This study uses a normative juridical research method with a conceptual approach and a statutory approach. This study shows the legal basis for the organization of MFIs is Law Number 1 of 2013, POJK Number 14/POJK.05/2014, POJK Number 61/POJK.05/2015, and POJK Number 62/POJK.05/2015. The policy of regulating the application of sharia principles as an effort to protect the spiritual rights of consumers has also been regulated in the MFI Law and the implementing regulations namely POJK Number 62/POJK.05/2015 concerning Business Administration of MFIs which in the implementation of sharia-based MFIs must use mudharabah, musyarakah, murabahah, ijarah, salam, istishna, ijarah muntahiah bit tamlik or other contracts (akad) that do not conflict with sharia principles. The policy of applying sharia principles in organizing MFIs is intended to guarantee the protection of the spiritual rights of consumers from Islamic MFIs.]]>
<![CDATA[The Importance of Applying the Membership Value Toward Savings and Loans Cooperatives in Indonesia ]]>
<![CDATA[Ayup Suran Ningsih]]>;
<![CDATA[Duhita Driyah Suprapti]]>;
<![CDATA[Nurul Fibrianti]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss2.235.pp225-234
<![CDATA[Cooperative Loans and Savings (KSP) is a business entity that having an essential role as an alternative capital fund which is faster and based on the Membership Principle. According to Law No 25 the Year 1992 concerning Cooperatives states that Cooperatives in Indonesia should operate under the Membership Principle. Cooperatives have social characteristics in the form of prioritizing mutual benefits and interests rather than personal interests and benefits. Thus, cooperatives must become the spearhead of the national economy by collecting and distributing funds. However, the reality, there are still numerous frauds in the process of collecting and distributing funds to raise the deposit and also the high interest and the high late charge. The problem appeared is how the actual management of cooperatives loans and savings to carry out their duties and functions. This research is also dealt with the extent of supervision, which is mandated by the law. KSP needs a proper procedural of supervision for their organization. The Financial Services Authority (OJK) is expected to work together with the Ministry of Cooperative and SMEs Office to supervise Cooperative Loans and Savings because it is found that many injustices have been fallen debtors and it is urgent to revise the law and make KSP is under OJK's supervision. The objective of this research is to examine the management of Cooperative Loans and Savings in Indonesia. The other aim of this research is to provide recommendation and consideration for the Indonesian government to strengthen the supervision of Cooperative Loans and Savings under OJK because there is malpractice regarding the term of interest in KSP. The research method used in this article is the statute method, which is supported by an empirical juridical approach in KSP Mitra Usaha Perkasa]]>
<![CDATA[Indikasi Geografis atas Carica Dieng sebagai Strategi Penguatan Ekonomi Daerah ]]>
<![CDATA[Ayup Suran Ningsih]]>;
<![CDATA[Waspiah Waspiah]]>;
<![CDATA[Selfira Salsabilla]]>
<![CDATA[ Jurnal Suara Hukum Vol. 1 No. 1 (2019) ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v1n1.p105-120
<![CDATA[Protection of the potential of regional products is a necessity for the region. An understanding of the importance of protecting Geographical Indications for policy makers in the regions is one of the efforts to protect the peculiarities of regional products. The specificity of the product of a region can be a regional economic strength when there is protection for Geographical Indications, because the product will increase its selling value. Regional economy is a series of economic activities carried out by local communities together in accordance with the potential of existing regions to fulfill their daily needs. Geographical indications are part of Intellectual Property which is currently a concern that was initiated by the Government to each region to map as well as to provide protection for regional products that have the potential to have geographical indications. Carica Dieng is a typical product that meets the requirements for geographical indications in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications and Government Regulation Number 51 of 2007 concerning Geographical Indications]]>
<![CDATA[SUSTAINABILITY OF INDONESIA TRADEMARK LAW AS UMBRELLA LAW IN RESOLVING DOMAIN NAMES DISPUTE IN INDONESIA ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 32, No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Gadjah Mada ]]>
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DOI: 10.22146/jmh.49243
<![CDATA[AbstractProtection regarding intellectual property in domain names becomes an important thing that must be considered by the domain name’s holder or user. Domain names are by character quite similar to trademarks since they serve as source indicators. This article is written to analyse the Suitability of Indonesia Trademarks Law as Umbrella Law in Resolving Domain Names Dispute in Indonesia. The methodology used in writing this article is normative legal research. Through the comprehensive discussion, it can be concluded that Indonesia trademark law is not suitable to resolve domain name dispute in Indonesia. A domain name is different from a mark based on Indonesia Trademark Law. IntisariPerlindungan terkait kekayaan intelektual dalam nama domain menjadi hal penting yang harus dipertimbangkan oleh pemegang atau pengguna nama domain. Nama domain secara karakter sangat mirip dengan merek dagang karena mereka berfungsi sebagai indikator sumber. Artikel ini bertujuan untuk menganalisis Kesesuaian Hukum Merek Dagang Indonesia sebagai Hukum Payung dalam Menyelesaikan Sengketa Nama Domain di Indonesia. Metodologi yang digunakan dalam penulisan artikel ini adalah penelitian hukum normatif. Melalui pembahasan yang komprehensif dapat disimpulkan bahwa hukum merek dagang Indonesia tidak cocok untuk menyelesaikan perselisihan nama domain di Indonesia. Nama domain berbeda dengan tanda yang diatur pada UU Merek Dagang Indonesia.]]>
<![CDATA[Legal Review of Financial Technology Peer To Peer Lending Based on Indonesian Collateral Law Perspective ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.33096/substantivejustice.v3i2.73
<![CDATA[In fulfilling everyday needs, certainly needing equipment and supporting equipment in practice. However, due to limited capital, the background of the birth of legal entities from the government to the private sector offered a program to lend money which was then used for capital. In the process, this loan is often called a credit agreement in which the minimum requirement is a guarantee that will later be used as a collateral object. The guarantee acts as an addition (accesoir) to the main agreement which is to convince the creditor of the assets of the debtor and their ability to make payments later. Because not everyone has sufficient assets to make a loan, a guarantee institution arises that provides a loan program without using collateral. In connection with the development of technology, a new program was born, namely peer to peer lending based on financial technology. Ease in requirements and track record written in a system is the attraction of this type of loan, but because it is regulated by the system, there can be a mismatch of what is promised.]]>
<![CDATA[Rules Regarding Mandatory Equity Securities Listing: Is It Possible for A Public Company Without Listing on The Indonesian Stock Exchange? ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.285-294
<![CDATA[ ABSTRACTThe Financial Services Authority has issued the latest regulation in the Capital Market sector, namely the Financial Services Authority Regulation Number 3/POJK.04/2021 concerning the Implementation of Activities in the Capital Market Sector. This paper aims to conduct a more specific analysis regarding the mandatory elements for a company that will conduct a public offering to list its equity securities on the stock exchange. The initiation of the obligation to conduct equity securities listing is carried out in order to reduce the intensity of backdoor listing or efficient efforts towards Initial Public Offering activities by acquiring a company whose shares have been listed on the Stock Exchange. This article was compiled using a normative legal research method. Based on Financial Services Authority Regulation Number 3/POJK.04/2021, the Financial Services Authority through the Depository and Settlement Institution conducts electronic securities listing which is not part of the securities collective custody. The Depository and Settlement Institution checks the conformity of the Securities records in the Depository and Settlement Institution with the records in the Securities Administration Bureau or the Public Company which conducts its own Securities administration. The mandatory to be listed for the equity securities of a public company closes legal loopholes for companies that wish to become public company using a procedure that is not in accordance with the provisions of the prevailing laws and regulations.Keywords: registered; capital market; public company; securities]]>
<![CDATA[Business Competition Supervisory Institution: A Comparison between Indonesia and Thailand ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a20631
<![CDATA[Introduction to The Problem: Competition is necessary in the business world; business actors are no stranger to competition between business actors in their business activities. It is done solely for profit. Indonesia establishes the Business Competition Supervisory Commission (KPPU) as a form of the state's presence in protecting business actors who have been honest in carrying out their business activities.Purpose/Objective Study: This research aims to conduct comparative research related to the duties and powers of the business competition supervisory institution in Indonesia and Thailand to provide recommendations on issues related to strengthening the role of KPPU in Indonesia.Design/Methodology/Approach: This type of research is empirical legal research. The study employed the primary data through interview with KPPU and data from a literature review and analyzed it through the statue approach.Findings: Based on studying Thai Competition Act and The Thai Fair-Trade Commission (TFTC), the authors conclude that Indonesia Anti-Monopoly Act and Komisi Pengawas Persaingan Usaha (KPPU) are more simply and comprehensive in regulating business competition. Thailand has more than one institutions who handle the business competition, it is impressed more complicated and not integrated.Paper Type: Research Article]]>
<![CDATA[KAJIAN YURIDIS EFEKTIFITAS PENYELESAIAN KREDIT MACET MELALUI LELANG HAK TANGGUNGAN ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Arena Hukum Vol. 14 No. 3 (2021) ]]>
Publisher : <![CDATA[Arena Hukum ]]>
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DOI: 10.21776/ub.arenahukum.2021.01403.7
<![CDATA[Dalam perjanjian hutang piutang yang menyertakan jaminan diatur oleh Undang-Undang Hak Tanggungan, suatu bentuk perlindungan hukum yang telah diberikan Negara melalui Undang-Undang Hak Tanggungan kepada kreditur adalah wewenang untuk melakukan eksekusi objek jaminan debitur atau lelang. Pelaksanaan Lelang melalui Lembaga Lelang Negara dikenal sebagai Kantor Pelayanan Kekayaan Negara dan Lelang (KPKNL). Penulisan ini memiliki tujuan untuk mengetahui pengaturan dan pelaksanaan lelang hak tanggungan di KPKNL. Metode yang digunakan adalah yuridis empiris, dengan lokasi penelitian di KPKNL Semarang. Pelaksanaan Lelang Hak Tanggungan di KPKNL Semarang mengikuti ketentuan PMK No. 213/PMK.06/2020. Lelang Hak Tanggungan melalui KPKNL menjadi solusi efektif bagi kedua pihak dalam hal debitur wanprestasi, karena KPKNL menerapkan prosedur aturan sesuai peraturan yang berlaku yang melindungi kepentingan kedua pihak, debitur dan kreditur dengan baik, yang dijamin oleh Peraturan. Hak dari kreditur wajib untuk dilindungi ketika debitur wanprestasi. Penyelesaian kredit macet melalui lelang wajib dilakukan sebagai langkah terakhir “ultimum remidium†bagi debitur.]]>
