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All Journal Masalah-Masalah Hukum LAW REFORM Yustisia Brawijaya Law Journal : Journal of Legal Studies Al-Ihkam: Jurnal Hukum dan Pranata Sosial Privat Law Lex Scientia Law Review Jambe Law Journal Jambura Law Review Indonesian Journal of Advocacy and Legal Services Journal of Law, Society, and Islamic Civilization Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Indonesian Journal of Advocacy and Legal Services JILS (Journal of Indonesian Legal Studies)
Pati, Umi Khaerah
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Religion Humanities 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.
Examining Cryptocurrency Use among Muslim Affiliated Terrorists: Case Typology and Regulatory Challenges in Southeast Asian Countries Wiwoho, Jamal; Pratama, Anugrah Muhtarom; Pati, Umi Khaerah; Pranoto
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 1 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i1.7147

Abstract

Many policymakers and scholars have discussed concerns regarding terrorist group use of cryptocurrency in recent years. While some argue that the threat is still limited, others argue that the current usage of cryptocurrency does not match the entirety of features that terrorist groups require and desire. In the end, it is still critical to recognize that the cryptocurrency used for terrorist financing frequently depends on several influencing factors. This study aims to (i) investigate the utilization of cryptocurrency by Moslem-affiliated terrorists in Southeast Asia; (ii) map the case typology of cryptocurrency use in Southeast Asian terrorist funding; (iii) describe the regulatory challenges raised in Southeast Asia. This research is a type of doctrinal legal one using the statute, case, and conceptual approaches. The results of this study acknowledge the limited but increasing risk of terrorist financing by cryptocurrency over the 2015-2022 timeframe in Southeast Asia. Furthermore, the existing typology of cases uses smurfing and structuring techniques with high and medium levels of risk. This research ends by recommending actions that Southeast Asian country stakeholders can take to reduce the potential of cryptocurrency usage in terrorist funding by harmonizing their counter-terrorist financing regulatory approaches and implementing investigative best practices.
Costumer Explicit Consent Under Indonesian Open Banking Regulations Bajrektarevic, Anis H.; Pati, Umi Khaerah; Towadi, Mellisa; Pratama, Anugrah Muhtarom
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (610.089 KB) | DOI: 10.33756/jlr.v4i2.15377

Abstract

The implementation of GDPR and PSD2 in the EU as well as the PSD2 alignment with GDPR, encourage central banks in various countries including Indonesia to immediately implement an open banking system that also prioritizes privacy data protection. The PDP bill principle of explicit consent must be applied in open banking financial transactions that in Indonesia as stated in the National Standard Open API Payment (SNAP) 2021 (a Technical Standards and Governance Guideline). However, there are some fundamental differences regulated in PSD2 when compared to SNAP which will hinder Indonesia's adequate GDPR. This research is normative research with statutory approach and comparative approach. The results showed that there are some fundamental differences between PSD2 and SNAP, including the parties involved, data portability and the concept of re-consent or re-confirmation which are not regulated in SNAP but regulated in PSD2, for the concept of sensitive data payment, neither SNAP nor PSD2 provide the specific concept, both define it broadly.
Can Dual-Class Shares Thrive in Indonesia’s Capital Market? A Legal Comparison with Asia’s Financial Powerhouses Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.4978

Abstract

The introduction of dual-class shares (DCS) in Indonesia, particularly for technology startups, aims to foster innovation and enhance market competitiveness by allowing firms to retain control while accessing capital. This study investigates the implementation of multiple voting shares (MVS) within the DCS framework as outlined in POJK Number 22/POJK.04/2021, analyzing its effectiveness in Indonesia compared to other Asian financial hubs like Hong Kong and China, and offering a comparative legal analysis with the United States and Singapore. The findings reveal that despite the potential of DCS, Indonesia’s capital market faces challenges, including the reluctance of companies to adopt this structure due to stringent requirements such as market capitalization and audited revenue, which often impede startups from going public. In contrast, countries like the United States and Singapore have adopted a more flexible approach, omitting such requirements, making the DCS model more attractive. The research underscores the urgency for Indonesia to reconsider its regulatory approach to technology startups and capital market access. The novelty of this study lies in its comparative analysis across diverse jurisdictions, identifying legal and regulatory barriers to the successful adoption of DCS in Indonesia. This study contributes to the discourse by proposing a hybrid regulatory approach, suggesting that market capitalization and audited revenue should only be considered when sustainability points cannot be quantified, as practiced in the United States and Singapore. Such a shift could help Indonesia foster a more dynamic and inclusive capital market, encouraging the growth of technology startups while maintaining investor protection and market stability.
Toward Equal Access to Justice: Can Regulating Attorney Fees Ensure Fairness and Broaden Legal Access in Indonesia? Utami, Nurani Ajeng Tri; Sudrajat, Tedi; Wahyudi, Setya; Pati, Umi Khaerah
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.8316

Abstract

In Indonesia, the role of attorneys in resolving legal issues is indispensable, yet the absence of standardized attorney fee regulations has led to significant barriers in accessing legal services. Despite attorneys' rights to receive fees for their services, the lack of clear guidelines has resulted in public perception that hiring legal representation is a luxury, with many unable to afford it. This study explores the urgent need for state regulation of attorney fees to ensure fairness and broaden access to justice for all segments of society. The findings indicate that the lack of fee standardization contributes to inequities in the legal system, creating barriers for lower-income individuals to access legal assistance. Furthermore, it reveals that establishing a clear regulatory framework would provide legal certainty, protect consumers, and promote a more equitable system for all citizens. The novelty of this research lies in its exploration of attorney fees as a critical element in improving access to justice in Indonesia, framing the issue beyond economics and highlighting its social justice implications. By addressing the urgency of regulating attorney fees, the study contributes to the ongoing legal reform discourse, providing policy recommendations for creating a fee structure that balances fairness with professional responsibility. The research emphasizes that deliberative processes, considering factors such as case complexity, impact, and operational costs, should guide the determination of fees. Ultimately, the study presents a compelling argument for rethinking how attorney fees are regulated to ensure that justice is accessible to all, not just the wealthy.
LEGAL PROTECTION FOR THE LOSS OF THE PASSENGER OF ONLINE TRANSPORTATION Pujiyono, Pujiyono; Pati, Umi Khaerah
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.34156

Abstract

Online transportation shall provide a security, comfort and safety guarantee for service users, however it is not performed in the application. Service users still havenot guaranteed their rights as consumers. In the case the consumer suffers a loss, itis remain undetermined how compensation may be granted, therefore it demandsan equal legal protection. Facing this condition, Law Number 8 of 1999 on TheConsumer Protection has not yet stipulated slear provision regarding this matter,likewise the online transportation service users and service providers are only boundin limited aspects. The research method of this reasearch is normative legal researchonly focusing on the issues raised, discussed and elaborated with applying  the rulesor norms in positive law, using Statutory Approaches and Conceptual Approaches,with primary and secondary legal materials. The data collection technique used isliterature study. The analysis technique used is the deductive method. The resultsshowed that there was an legal relationship between service users and onlinetransportation service providers. Consumers have the right to get protection in theform of responsibility for information, legal responsibility for services providedand responsibility for security and comfort. However, for the losses suffered, legalprotection for losses incurred by passengers in online transportation mode is still poordue to lack of regulations and the undetermined standard regulations specifically inregulating online transportation modes.
Reciprocal Data Portability to Foster Financial Services Competition in the Open Banking System Era Wiwoho, Jamal; Pati, Umi Khaerah; Pratama, Anugrah Muhtarom
Yustisia Vol 13, No 2: August 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i2.75786

Abstract

This article analyzes the feasibility of incorporating reciprocal financial data into Indonesia's open banking system by studying its implementation in the United Kingdom and other countries. The methodology employed is conceptual, statutory, and comparative legal, utilizing data gathered from secondary legal sources. The study discovered that reciprocal data finance could be a supplementary measure to enhance data portability rights. This approach enables banks to provide compensation for access to account data, utilizing the concept of "paying by data". Indonesia should contemplate the adoption of data reciprocity alongside the portability rights outlined in Article 13 of the PDP Law. Subsequently, it can be configured inside the SNAP settings. Before proceeding with this development, it is crucial to establish Open banking in Indonesia by effectively balancing the goals of personal data rights and market competition. This circumstance will encourage Bank Indonesia to collaborate with other regulatory bodies, such as competition authorities, data protection regulators, and sector regulators. Despite potential differences in their objectives, this collaboration is necessary as reciprocal data portability initiatives may involve multiple regulatory domains.
AKIBAT HUKUM BAGI KREDITUR TERHADAP PENGIKATAN SURAT KEPUTUSAN PENGANGKATAN APARATUR SIPIL NEGARA SEBAGAI JAMINAN KREDIT APABILA TERJADI WANPRESTASI Setya Maratantri, Apritania Putri; Pati, Umi Khaerah
Jurnal Privat Law Vol 14, No 1 (2026): JANUARI - JUNI
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v14i1.59240

Abstract

The civil servant receiving credit may use the Civil Service Appointment Decree (SK ASN) as collateral. However, SK ASN is not a type of security that can be used as collateral, such as fiduciary or pawn. Because it cannot be used as collateral, the practice of ensuring SK ASN does not give rise to property rights. If there is a default, it causes problems, particularly for kreditor. This is normative legal research with a conceptual approach that uses primary and secondary legal materials, as well as data collection techniques in the form of literature studies. The findings revealed that SK ASN is not a collateral object. When a debtor defaults, the characteristics of SK as a valuable letter differ from those of securities that can be liquidated or transferred as debt repayment. SK ASN is only a security guarantee for banks whose position is equivalent to promissory notes. In the event of a default, the consequences of creditors are not prioritized in the repayment of the loan. As a result, the creditors' position is that of a competing creditor, as specified in articles 1131 and 1132 of the civil code. However, civil servant SK has its own risk and profit as a guarantee that is taken into account by a bank when granting credit.
Co-Authors Asror, Muhammad Hanif Bajrektarevic, Anis H. Bambang Santoso Bella, Ifana Marsha DARA PUSTIKA SUKMA Dwi Budi Santoso Hendriana, Rani Indrajat, Heri ITOK DWI KURNIAWAN Jamal Wiwoho Kukuh Tejomurti, Kukuh Mellisa Towadi Mohamad, Mohamad Hanapi Bin Pambudi, Lintang Ario PRANOTO Pranoto Pranoto Pratama, Anugrah Muhtarom Pujiyono Pujiyono Setya Maratantri, Apritania Putri Setya Wahyudi Tampubolon, Rizky Imanuel Tedi Sudrajat Utami, Nurani Ajeng Tri Weda Kupita