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All Journal Mimbar Keadilan Jurnal Cahaya Mandalika Protection: Journal Of Land And Environmental Law
Permana, Sudaryat
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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PERAN OTORITAS JASA KEUANGAN DALAM PENERAPAN CUSTOMER DUE DILIGENCE PADA PEER-TO-PEER LENDING Veronica, Angela; Murwadji, Tarsisius; Permana, Sudaryat
Mimbar Keadilan Vol 15 No 1 (2022): Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v15i1.5840

Abstract

The innovation of P2P Lending that actualizes the Business-to-Business and Business-to-Consumer system has elevated economic productivity. P2P Lending offers a relatively fast and flexible money lending mechanism in which collateral is not mandatory as occurred in banking. However, the issue that arises in P2P Lending is the escalation of non-performing loan percentage that must be prevented through the implementation of effective risk mitigation by the Administrator of the Information Technology-Based Borrowing-Lending Services (Administrator). The research method used in this study is juridical-normative that utilizes the approach of laws, regulations and legal theory to analize the practice of P2P Lending within society. The results of this study indicate that Indonesia’s positive law has accommodated the risk mitigation procedures to reduce operational risk and credit risk, which are the root of the P2P Lending non-performing loan issue, namely through the implementation of CDD and EDD. OJK has a role to regulate and supervise such risk mitigation, especially to eradicate the emergence of unregistered and unlicensed Administrators by coordinating with SWI.
Use of Indirect Evidence in Disclosure of Cartel Violations According To Business Competition Law in Indonesia WIGANARTO, Tri Utomo; GULTOM, Elisatris; PERMANA, Sudaryat
Protection: Journal Of Land And Environmental Law Vol. 3 No. 1 (2024): Protection: Journal Of Land And Environmental Law. (July – October 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.411 KB) | DOI: 10.38142/pjlel.v1i1.340

Abstract

In cartel evidence, there are two approaches, namely direct evidence and indirect evidence . The Law on Monopolistic Practices and Unfair Business Competition in Indonesia does not yet regulate the use of indirect evidence as evidence to prove the occurrence of a cartel . The ambiguity of this regulation causes legal uncertainty in the use of indirect evidence in the decision of the Business Competition Supervisory Commission (KPPU). This study discusses the use of indirect evidence in disclosing cartel violations according to the Business Competition Law in Indonesia by harmonizing the ideal concept and studying the relevant laws and regulations. The method of normative juridical approach. The research specification is descriptive analysis. Data was collected by using Library Research and analyzed using qualitative juridical . The results of the study indicate that there is an ambiguity in the arrangement of indirect evidence in the case of business competition in Indonesia, namely cartels. Although further regulation has been regulated in KPPU Regulation Number 1 of 2019 concerning Procedures for Handling Cases of Monopolistic Practices and Unfair Business Competition, this has not yet been regulated at the level of law.
ANALISIS HUKUM MENGENAI KEWAJIBAN ENDORSER TERHADAP PENGANJURAN PRODUK PADA MEDIA SOSIAL Ladynanti, Prizqa; Permana, Sudaryat
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 2 (2023): Jurnal Cahaya Mandalika
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i2.1471

Abstract

Promotion of a product/service in the right way needs to be done in order to attract the attention of consumers. One of the most effective ways of promotion in this era is through endorsements. Endorsement is an activity in which business actors collaborate with public figures to promote their products on social media. However, endorsement activities must of course be accompanied by responsibilities by the endorser in order to create consumer protection. The position of endorsers in Indonesia based on the ITE Law is equivalent to that of senders/manufacturers, then based on the Consumer Protection Law it is equivalent to business actors. Furthermore, the responsibility of the endorser in Indonesia under the ITE Law is the same as that of the sender/producer, then the responsibility of the endorser under the Consumer Protection Act is the same as that of business actors. Endorsers are responsible for all information they distribute to promote a product/service through their social media.
Co-Authors Elisatris Gultom Ladynanti, Prizqa Tarsisius Murwadji Veronica, Angela Wiganarto, Tri Utomo