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All Journal Masalah-Masalah Hukum LAW REFORM Brawijaya Law Journal : Journal of Legal Studies Lex Scientia Law Review Jambe Law Journal Indonesian Journal of Advocacy and Legal Services Journal of Law, Society, and Islamic Civilization Journal of Law and Legal Reform Indonesian Journal of Advocacy and Legal Services JILS (Journal of Indonesian Legal Studies)
Pati, Umi Khaerah
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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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 : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i2.23077

Abstract

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.
Regulating Fintech in the CBDC Era: Addressing Competitive Fragility and Preserving State-Owned Banking Stability Pati, Umi Khaerah; Indrajat, Heri
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.19342

Abstract

This study investigates the possible consequences of Indonesia's Digital Rupiah on the future landscape of banks and FinTech companies. Our findings indicate that the advent of Central Bank Digital Currencies (CBDCs) may create an unlevel playing field between banks and FinTech firms. With the potential for intermediaries, including banks and non-bank institutions, to gain wholesale access to the Digital Rupiah, heightened competition could ensue, posing a risk to the stability of commercial banks, even extending to state-owned entities. Policymakers in Indonesia must create fair policies that promote competition among all stakeholders while strategically positioning state-owned banks to ensure economic stability and sovereignty. Drawing inspiration from Niklas Luhmann's framework of law as a social system, which emphasizes the balance between openness and closedness, and incorporating Julia Black's principle-based approach to regulation, we propose a regulatory framework and interaction pattern between bank and fintech. This framework aims to strike a balance between the needs of banks and FinTech firms by integrating elements of entity-based and activity-based regulation.
Restorative Justice as a Resolution Mechanism for Petty Theft: A Comparative Legal Review of New Zealand and Malaysia Santoso, Bambang; Kurniawan, Itok Dwi; Sukma, Dara Pustika; Pati, Umi Khaerah; Mohamad, Mohamad Hanapi Bin
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.24305

Abstract

Petty theft is one of the most common criminal offenses and contributes to prison overcrowding, even though the losses involved are minimal and often committed by economically vulnerable individuals. The retributive criminal justice system in Indonesia has proven less effective in resolving such cases fairly and efficiently. This study aims to analyze the optimization of restorative justice in handling petty theft cases in Indonesia, while comparing its application with Malaysia and New Zealand. The research employs a normative juridical method, using statutory and comparative legal approaches. The research shows that Indonesia has introduced restorative justice through the Attorney General's Regulation Number 15 of 2020. However, practical implementation faces challenges, including limited awareness among law enforcement, insufficient institutional synergy, and a lack of supporting facilities. In Malaysia, restorative principles are reflected in local practices, although not formally adopted in national legal frameworks. In contrast, New Zealand has institutionalized restorative justice, especially in youth cases, with comprehensive procedures and strong community participation. The comparative analysis suggests that successful implementation depends on regulatory clarity, trained human resources, and active community involvement. Indonesia must therefore enhance its legal infrastructure and cross-sector collaboration to ensure that restorative justice becomes an effective tool in resolving petty theft cases.
Co-Authors Asror, Muhammad Hanif Bambang Santoso DARA PUSTIKA SUKMA Dwi Budi Santoso Hendriana, Rani Indrajat, Heri ITOK DWI KURNIAWAN Jamal Wiwoho Kukuh Tejomurti, Kukuh Mohamad, Mohamad Hanapi Bin Pambudi, Lintang Ario Pranoto Pranoto Pratama, Anugrah Muhtarom Pujiyono Pujiyono Weda Kupita