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Journal : Perspektif Hukum

Memadukan Budaya Hukum dan Diplomasi Hukum untuk Mencegah Sengketa Antar Negara: Kekosongan Hukum yang Terabaikan Birahayu, Dita
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.286

Abstract

Efforts to integrate legal culture and legal diplomacy to prevent conflicts between countries are a noble goal. However, these efforts are characterized by various legal complexities, including neglected legal vacuums. This legal vacuum can be a legal loophole for countries to exploit the international legal system and trigger disputes. This research aims to analyze the concept and meaning of legal culture and legal diplomacy, examine its role and function in preventing conflicts between countries, and analyze the effectiveness of its integration. This study uses a normative juridical research method with a conceptual and a comparative legal approach. The results of the study show that legal culture and legal diplomacy have an important role and function in preventing conflicts between countries. The combination of the two can help build trust and mutual understanding between countries, increase public legal awareness, and encourage peaceful settlement of disputes in accordance with the Preamble of the UN Charter.
Urgensi Pengaturan Financial Technology: Kewenangan Penghimpunan Dana Masyarakat: The Urgency of Financial Technology Regulation: Authority to Collect Public Funds Kurniawan, Wishnu; Birahayu, Dita
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.535

Abstract

Technological developments are driving acceleration in all fields, especially financial technology, where the services required for banking products are equivalent to those of banks. In line with current conditions, namely the advent of digital 4.0, financial institutions are beginning to shift to technology-based financial institutions. One of the current advancements in the financial sector is the adaptation of Financial Technology, commonly known as fintech. The implementation of fintech must not be hindered by legal violations due to legal loopholes. This study employs a normative legal approach. Based on this method, a statute approach is used in this study, reinforced by a literature approach. This study was conducted to accelerate the implementation of fintech so that it does not fall into a legal vacuum, thereby preventing problems arising from violations of norms, particularly in the banking sector.  The modernity of financial transactions, especially financial services such as fintech, has violated the provisions of the Banking Law, which in this case is the establishment of business entities that attract public funds in banking institutions. However, to date, there is still a legal vacuum, and with the rapid development of technology, there needs to be a change in regulations related to this issue to prevent a legal vacuum.