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Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas Pati, Umi Khaerah; Tejomurti, Kukuh; Pujiyono, Pujiyono; Pranoto, Pranoto
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.07

Indonesian National Amil Zakat Board (BAZNAS) has collaborated with the largest and popular Indonesian payment gateways, e-commerce and crowdfunding fintechs such as ovo, Gojek, Kitabisa.com, Tokopedia.com etc. to optimize the collection of Islamic social funds likeÂ Zakah, Â infaqÂ (charity spending), waqf (endowment) andÂ sadaqahÂ (voluntary charity) or usually called ZISWAF by depositing Rupiah currency into the e-wallet platform. However, fundraising cross-border ZISWAF stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad.Â The power of fintech that might be operated on global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to a global Muslims. This article is a normative economic analysis on the basis of secondary data, this study found that the potential for raising ZISWAF funds across several countries is very large especially in countries with many immigrants from Indonesia through international types of fintech services such as remittances and payments that has allowed or collaborated with Bank Indonesia.

Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors Pujiyono, Pujiyono; Pati, Umi Khaerah; Pranoto, Pranoto; Tejomurti, Kukuh
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.48136

This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.

Analysis Principles of Personal Data Protection on COVID-19 Digital Contact Tracing Application: PeduliLindungi Case Study Pratama, Anugrah Muhtarom; Pati, Umi Khaerah
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50601

This article aims to review the application of the principle of personal data protection as part of privacy rights in the PeduliLindungi application considering that on the one hand, the PeduliLindungi application helps the government to reduce the spread of the COVID-19 virus. But on the other hand, there is a threat of misuse of personal data in the future. This background article is based on the use of the PeduliLindungi application, which was initially used to track the spread of the virus during the COVID-19 pandemic. But it seems that the public will increasingly use its use in the future, especially now that it has begun to be planned as an e-wallet and started integrating with several other applications. This article reveals that there has been a dual role by the Ministry of Communication and Informatics as a supervisor and controller of personal data in Indonesia so that it has implications for the PeduliLindungi application that has not fully applied the principles of personal data protection when collecting, processing, and storing personal data. For the future, a comprehensive legal development drive is needed related to the protection of personal data. There is a personal data protection agency and Data Protection Officer (DPO) to more strongly enforce the principles of personal data protection.

Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors Pujiyono, Pujiyono; Pati, Umi Khaerah; Pranoto, Pranoto; Tejomurti, Kukuh
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.48136

This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.

Balancing Corporate Rescue and Workers' Protection in Pandemic Crises: Lessons from Selected European Countries Santoso, Budi; Pati, Umi Khaerah
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.62885

Pandemics, one of the causes of economic crises, have led to the worst global catastrophe in a century. During the COVID-19 pandemic, numerous businesses exercised caution in financial investments and commercial activities to protect productivity and finances. As a result, these companies have progressively reorganized as a proactive strategy, often to reduce production costs and labor expenditures. This study aimed to analyze the balance of interests between corporate rescue and workers’ protection during pandemic crises within the framework of best practice regulations in selected EU countries. It also seeks to create a pandemic-preparedness model for companies and workers. The study reveals that wage subsidies (WS) can directly support workers, assess market demand, and reduce turnover due to COVID-19 or the implementation of large-scale social restrictions (PSBB). The Job Loss Security Program (JKP) in Indonesia has allowed for furloughs, providing laid-off workers with monetary benefits and training. Indonesia could consider integrating the WS and furlough systems, enabling firms and individuals to continue working with subsidies or to take temporary or full layoffs with benefits during crises.

Tinjauan Yuridis terhadap Risiko Perbankan dalam Layanan Letter of Credit Asror, Muhammad Hanif; Pati, Umi Khaerah
Journal of Law, Society, and Islamic Civilization Vol 12, No 2: Oktober 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i2.86428

Along with the rapid development of trade between countries, Letter of Credit (L/C) is a form methods within overcoming the payment system carried out by the parties. This must also be accompanied by an anticipatory attitude, therefore there are also many irresponsible parties by utilizing the opportunity as a means to gain profits in an improper way that also harms many other parties. The bank as an important player in the implementation of the L/C must anticipate the banking risks that arise in order to run well. Therefore, this article aims to analyze the review through the application of law in L/C services to banking risks. This type of research is normative research. The data sources used are primary data sources and secondary data sources and the delivery of data is written descriptively. If one party is dissatisfied because the other party fails to fulfill its obligations under the agreement, the dissatisfied party will receive legal protection as outlined in the regulations governing L/C in both international and national laws. Protection is derived from regulations that typically oversee L/C, such as the Uniform Customs and Practice for Documentary Credit (UCP), Bank Indonesia Regulations, and internal regulations. The primary focus is on recognizing L/C as banking risks designated by the central bank, along with risk management based on internal banking policies and in line with the international practices of UCP.

Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas Pati, Umi Khaerah; Tejomurti, Kukuh; Pujiyono, Pujiyono; Pranoto, Pranoto
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.07

Indonesian National Amil Zakat Board (BAZNAS) has collaborated with the largest and popular Indonesian payment gateways, e-commerce and crowdfunding fintechs such as ovo, Gojek, Kitabisa.com, Tokopedia.com etc. to optimize the collection of Islamic social funds like Zakah, infaq (charity spending), waqf (endowment) and sadaqah (voluntary charity) or usually called ZISWAF by depositing Rupiah currency into the e-wallet platform. However, fundraising cross-border ZISWAF stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad. The power of fintech that might be operated on global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to a global Muslims. This article is a normative economic analysis on the basis of secondary data, this study found that the potential for raising ZISWAF funds across several countries is very large especially in countries with many immigrants from Indonesia through international types of fintech services such as remittances and payments that has allowed or collaborated with Bank Indonesia.

ENABLING DATA PORTABILITY AND INTEROPERABILITY UNDER INDONESIA'S DATA PROTECTION LAW Wiwoho, Jamal; Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Masalah-Masalah Hukum Vol 53, No 3 (2024): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.53.3.2024.271-282

The Indonesian parliament ratified the Personal Data Protection (PDP) Law in October 2022, introducing the Right to Data Portability (RtDP) in Article 13. This concept enables seamless information transfer, enhances personal control, and fosters innovation in the digital economy. This study analyzed data portability provisions under the PDP Law and drew insights from the EU and UK's experiences. Findings showed that data portability under the PDP Law, similar to the GDPR, fell short due to the absence of standardized guidelines, interoperability architectures, and non-mandatory compatibility policies. Prioritizing Open APIs for interoperability was crucial. Effective public-private collaboration was key in establishing sector-specific and cross-sector interoperability standards aligned with PDP Law regulations

Indonesia’s Open Banking Future: Designing Effective Regulatory Approaches Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.371

To determine the most suitable approach for framing open banking regulations, it is crucial to understand the specific goals of open banking adoption in a particular country. By employing a legal comparative approach, this paper explores regulatory frameworks for designing open banking regulation in Indonesia. The analysis encompasses key legislative instruments, such as the Payment Services Directive 2 (PSD2) in the UK, Consumer Data Right (CDR) in Australia, General Data Protection Regulation (GDPR) in the EU, and relevant Indonesian laws. The research finds that the Indonesian Financial Services Authority (OJK) Regulation adopts a ‘bank-centric’ model, granting financial institutions discretionary power over TPP access by establishing bilateral partnerships to facilitate data access. Contrastingly, jurisdictions like the EU, UK, and Australia employ legislative tools that obligate banks to provide TPPs access to customer data upon explicit consent. The ‘bank-centric’ model under OJK Regulation could reduce consumer choice. Additionally, conflicts of interest may arise, with banks favoring their TPPs, undermining fairness. Lack of standardized access might cause market fragmentation. To achieve the objectives outlined in visions two and three of the BSPI 2025, it is crucial to shift from a ‘bank-centric’ model to an inclusive framework that fosters broader participation. This objective can be achieved through the implementation of standardized APIs and a centralized accreditation system for Third-Party Providers (TPPs), as observed in the three countries.

The Contrarius Actus Principle: Legal Challenges and Prospects for Reform in Executing Administrative Court Decisions Pambudi, Lintang Ario; Hendriana, Rani; Kupita, Weda; Pati, Umi Khaerah
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.19655

The failure to enforce state administrative court decisions with lasting legal force poses a challenge in Indonesia. Data indicates that merely 15 of 276 state administrative decisions were executed between 2013 and 2019. In 2020, statistics from the KPK, Bawas, and BPKP revealed that implementing state administrative court orders was insufficient, with an average completion rate of 34.92%. The 2021 annual report of the Ombudsman of the Republic of Indonesia documented 109 instances of non-compliance with unimplemented decisions. The research uses normative juridical methods with the addition of interviews to support existing data. This article examines the history, application, and challenges of contrarius actus, particularly in implementing state administrative court decisions. This research helps future researchers generate improvements or recommendations for state administrative court decision execution. The results show that contrarius actus originated from Roman law and is now an essential principle in state administrative law. Application of the contrarius actus in Indonesia’s administrative justice law provides for execution mechanisms without an institution or other party specialized in execution; administrative officials themselves must execute court decisions. A significant challenge in applying this principle in Indonesia is the failure of administrative officials to comply with court decisions. Despite the implementation of a merit-based system and elections aimed at selecting officials with integrity and lawfulness in filling administrative positions, many administrative officials violate court orders, making this enforcement of this concept difficult. To address this issue, it is recommended to maximize the role of the Ombudsman and state administrative courts in ensuring that administrative officials comply with legal decisions.

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