Articles
Analisis Keadilan Bank dalam Bertransaksi: Hubungan dengan Likuiditas, Profitabilitas terhadap Kinerja Bank
Ryan Afjune Supriyanto Putra;
Lelya Cahya Mufidati;
Syawalia Aziza;
Beta Amalia Nur Fajrin;
Vella Putri Anjani;
Diana Setiawati
Prosiding Seminar Nasional Program Doktor Ilmu Hukum 2023: Prosiding Seminar Nasional Program Doktor Ilmu Hukum
Publisher : Universitas Muhammadiyah Surakarta
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Perbankan memainkan peran yang sangat penting dalam menghubungkan perekonomian dengan masyarakat. Keadilan dalam transaksi perbankan adalah elemen kunci untuk memastikan kepercayaan dan stabilitas sistem keuangan secara keseluruhan. Tujuan penelitian untuk memberikan pemahaman yang lebih baik tentang keadilan bank dalam konteks transaksi perbankan dan bagaimana hal ini dapat berkontribusi pada peningkatan keadilan bank secara keseluruhan. Dalam hal memperoleh pengetahuan yang diperlukan, penelitian ini berfokus pada ilmu hukum normatif karena dalam penelitian ini memandang konsep hukum sebagai norma positif dalam sistem hukum nasional, Pada penelitian juga dilakukan penafsiran terhadap asas hukum yang berlaku dan berkembang pada hukum persaingan usaha karena asas hukum merupakan unsur ideal dari hukum, didukung dengan berbagai literatur yang masih relevan dengan judul artikel ini. Lembaga keuangan, baik bank maupun non-bank, memainkan peran penting dalam mendistribusikan keadilan sosial di masyarakat. Penerapan prinsip dan peran keadilan dan tanggung jawab sosial sangat penting bagi lembaga keuangan karena memperkuat kepercayaan masyarakat terhadap mereka dan mendorong stabilitas keberlanjutan sistem keuangan keseluruhan. Hal ini berkaitan dengan fungsi lembaga keuangan sebagai perantara dalam mekanisme pembayaran antar pelaku ekonomi, penyedia dana bagi yang membutuhkan, dan pengurangan risiko bagi deposan.Prinsip keadilan dan tanggung jawab bank dan lembaga keuangan non-bank berpotensi untuk mencapai keadilan sosial di masyarakat.
Legal Protection for Illegal Loan Customers: Analysis Based on Personal Data Protection Law
Adi Kurniawan;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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This research aims to analyze the legal protection available to customers of illegal online loans, with a focus on the aspect of personal data protection. The proliferation of illegal online lending has created vulnerabilities to the security and privacy of customers' personal data. The personal data protection law is a relevant legal instrument in providing protection against the collection, use and storage of personal data by illegal online loan providers. This research uses a normative analysis approach by referring to laws and regulations, court decisions, and related literature. The data obtained is analyzed descriptively to obtain a comprehensive understanding of the existing legal framework. The results show that the personal data protection law can provide a legal basis for customers of illegal online loans to protect the privacy and security of their personal data. However, the implementation of this law still has significant challenges. One of the main challenges is effective law enforcement against personal data protection violations committed by illegal online loan providers.
Legal Protection for Consumers of Syrup Drugs Causing Atypical Progressive Acute Kidney Failure (GGGAPA) in Children: Analysis Based on Law Number 8 of 1999
Ahmad Muchlasin Nur Ihsan;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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Human life from ancient times until now will never be separated from health products to help accelerate the healing of illnesses experienced by humans. Many kinds of medicinal products are made by manufacturers from traditional medicines that use natural ingredients and drugs that use chemicals as a mixture. Drugs that use chemicals if their use is not in accordance with existing requirements will cause health problems ranging from kidney failure to death. So consumer protection here is very important, so that people who feel their rights and interests are harmed by consuming these products, and ensure legal certainty for consumers to get legal protection. The purpose of this study is to determine consumer protection in cases of acute kidney failure in children who are suspected of consuming syrup medicine in accordance with Law Number 8 of 1999 concerning Consumer Protection, and to analyze the government's role in handling this case. This study uses normative research methods. Sources of data in this study used primary and secondary data, through interviews, and literature studies. This study aims to determine the government's role in protecting consumers in cases of acute kidney failure caused by syrup drugs, namely by imposing penalties on business actors to provide compensation to victims who experience acute kidney failure, as well as withdrawing drugs identified as the cause. acute kidney disease.
Juridical Review of Copyright Protection of Cinematographic Works (Film) in Illegal Dissemination of Film on Social Media: Analysis based on Law Number 28 of 2014 Concerning Copyright
Ajeng Rizky Andria Ramadhani;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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With the passage of time, the internet and social media have become a necessity and are very easy to use by the public. However, with the ease of use of the internet, some people who want to watch movies but don't want to watch in the places provided have been abused, which ends up using social media TikTok as a platform for streaming movies. This can lead to copyright issues which are regulated in Law Number 28 of 2014. The distribution of the film is considered illegal and can damage the economic rights and moral rights of creators of copyrighted works and there are sanctions for those who violate them. The purpose of this study was to find out the provisions on copyright and legal responsibility for perpetrators who violate Law Number 28 of 2014. This study used normative research methods and the data used used secondary data and then analyzed using deductive thinking methods. The results of this research originate from Law Number 28 of 2014 which regulates Copyright. Then it is used as a data source to analyze the sanctions given to persons who violate copyright on social media.
Legal Protection for Investors in Equity Crowdfunding Practices on the Bizhare Application
Angga Putra Adi Pratama;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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This research discusses legal protection for investors in the practice of crowdfunding through the equity crowdfunding model conducted through the Bizhare application. Equity crowdfunding has become a popular method to raise funds from individual investors in the form of shares or ownership in startup companies. However, this practice also involves significant risks for investors, including the risk of loss of investment and the risk of misuse of funds by irresponsible parties. Therefore, legal protection for investors is essential to ensure safety and fairness in the practice of crowdfunding through the Bizhare app. This study involves an analysis of the applicable legal framework related to crowdfunding and investor protection in the relevant countries. In addition, the research methods used include comparative legal analysis as well as a review of crowdfunding practices on the Bizhare app. This research aims to identify the weaknesses and strengths of existing regulations, and provide recommendations for improvements that can strengthen legal protection for investors. As such, this research is expected to provide a better understanding of how the law can play an effective role in protecting investors in crowdfunding practices, so as to promote trust and wider participation in the equity crowdfunding ecosystem. The results of this study provide an in‐depth understanding of the legal framework required to protect investors in crowdfunding practices through the Bizhare app.
Juridical Review of Personal Data Protection in Money Transactions Fund Application
Bagas Mulya Putra;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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This research discusses the Protection of Personal Data of DANA Digital Wallet Users. DANA is one of the benefits of technological developments. There are negative effects of technological developments, one of which is data leakage. Moreover, DANA is a financial transaction application. Although the development of information technology and the digital economy is very rapid, research related to law and technology in general and the protection of privacy rights has not been too much. Currently, Indonesia has regulations related to personal data protection. The purpose of this study is to determine the protection of personal data of DANA digital wallet users and the responsibility for personal data. The research method used in this study is Normative research, the data used is secondary data. Data obtained through literature studies are then processed through qualitative descriptive analysis. The results of this study show that there are some DANA digital wallet users who do not read the terms and conditions that apply in using DANA. Indonesia has protected personal data through Law Number 27 of 2022 concerning Personal Data Protection. The regulation also describes the efforts made when personal data is misused.
Juridical Analysis of The Validity of Interreligious Marriages Based on MK Ruling No. 24/PUU‐XX/2022
Budi Prasetyo Adi Wibowo;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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The purpose of this study is to find out whether interfaith marriages are legal based on Constitutional Court Decision No.24/PUU‐XX/2022 and to identify the legal implications of court decisions on interfaith marriages. The problem discussed in this study is how legal interfaith marriages are based on the Marriage Law No. 1 of 1974 and what are the legal consequences for court decisions regarding interfaith marriages. Normative legal studies are used in this study. The data sources used are the main data sources that are relevant to the research author's problem, namely the Constitutional Court Decision Number 24/PUUXX/ 2022, Decree Number 9 of 1975, Law Number 23 of 2006 concerning Population Administration and secondary data sources in the form of books ‐books, journals, internet related to research topics. The results of the study show that interfaith marriages are clearly invalid or it can be concluded based on Article 2 of the Marriage Law No. 1 of 1974 which states that legal marriages must be carried out according to all religions and beliefs. That is, marriage can only be interpreted if the couple (prospective husband and wife) adheres to the same religion. And the legal value of the decision of the interfaith marriage court has been examined based on Article 35 letter a of Law Number 23 of 2006 concerning Population Administration and in the case of marriage based on an interfaith court decision, it is permissible to establish a marriage based on a court decision.
Juridical Review of Credit Agreements with Guarantees of Rights to Privately Owned Land to Plecit/Mobile Banks
Dany Zain Abdillah;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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Loans that use Collateral using Land Objects Certificate of Ownership to Bank Plecit / Mobile Bank are a small example of the impact Economic development in Indonesia after the fall of the new order underwent significant changes and changes uncertainly. In this study, researchers used this normative research method which is qualitative and in this research method is more directed to the legal norms contained in various laws and regulations. and what is often used in this research method is for example examining the implementation of agreements in credit, in another sense The research method is a study that is quite in‐depth and full of calculations and caution from everything. Then the purpose of the researcher in this case is to study and analyze the validity of a land security that is not based on the debtor's property rights in credit agreements. According to the big dictionary, Indonesian the definition of a plecit bank or mobile bank is a reference to one person or non‐bank institution that lends money with a very high interest agreement, then for the collection system it is carried out every day by the account officer, land rights guarante that are not based on the debtor's property rights in the credit agreement and its legal consequences based on Law Number 4 of 1996 concerning Dependent Rights. By providing legal understanding, the community is expected to understand what they can do and apply in the future if there are agreements or cases related to credit with property certificate guarantees, which may result in violence in collection carried out by plecit banks, So that people become victims and perpetrators, can avoid violence. In this case, the property rights holder who makes the land certificate an object of guarantee to the plecit bank can issue a certificate because there is no APHT made by the PPAT party and there is no strong legal clarity from the plecit bank / mobile bank itself.
Legal Protection of Copyright Holders whose Works are Replayed without Include Watermarks on Instagram for Commercial Purposes
Krisna Indra Sakti;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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The activity of re‐uploading content via Instagram is sometimes carried out without permission by not including a watermark, and it is often used for commercial purposes. This action is certainly not justified because it can violate the rights of the actual content owner. The method used in this research is methodnormative juridical, by conducting library law research in research carried out by examining existing library materials against law number 28 of 2014 concerning copyright. The aim of this research is to find out the regulations for protecting content that is re‐uploaded without a watermark on Instagram to gain commercial benefits. The results of this research showed that pThe regulation of all content on Instagram also includes rights to the content based on the applicable law where the user is located, so that if the user is in Indonesia they must comply with regulations in Indonesia. In Indonesia, Intellectual Property uploaded to social media receives copyright protection in both economic and moral aspects. Copyright violations can be subject to legal sanctions in the form of fines and imprisonment in accordance with Article 113 of the Copyright Law. Apart from that, copyright holders also have the right to demand compensation based on Article 96 paragraph (1) of the Copyright Law in the Commercial Court. According to the explanation of Article 100 Paragraph (1) of the Copyright Law, compensation paid can be in the form of income obtained from the content which will be given to the creator.
The Principle of Good Faith in The Preliminary Agreement (Voor Overeenkomst) in The House Sale and Purchase Agreement (Semarang State Court Study No 467/Pdt.G/2022/SMG)
Nugroho Adi Wicaksono;
Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta
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This research aims to analyze the principle of good faith related to preliminary agreements (voor overeenkomst) in the context of house sale and purchase agreements. This research takes a case study from the Semarang District Court decision with case number 467/Pdt.G/2022/SMG. The research method used is normative legal research with a statutory approach and a case approach. The data used in this research consists of primary and secondary legal materials, including related laws and regulations, court decisions, as well as relevant legal literature. The research results show that the principle of good faith has an important role in the preliminary agreement (voor overeenkomst) in the house sale and purchase agreement. The principle of good faith involves integrity and honesty between the parties involved in the agreement. The Semarang District Court's decision in this case shows the need to apply the principle of good faith in deciding disputes that arise related to preliminary agreements.