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All Journal Arena Hukum YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) Asian Journal of Management, Entrepreneurship and Social Science
Reka Dewantara
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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The Relevance Of Protectıng Debtor Customer Data And Informatıon Through Bank Secrecy: A Comparatıve Study In Indonesıa, Malaysıa And The Unıted Kıngdom Putriyanti, Erma Defiana; Abdul Rachmad Budiono; Sukarmi, Sukarmi; Reka Dewantara
Asian Journal of Management, Entrepreneurship and Social Science Vol. 4 No. 04 (2024): Upcoming issues, Asian Journal of Management Entrepreneurship and Social Scien
Publisher : Cita Konsultindo Research Center

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Abstract

This research aims to examine and analyse whether the provisions of bank secrecy are still relevant to protect the data and information of debtor customers; and how the bank secrecy rules in Indonesia compare with Malaysia and the UK in protecting debtor customers. This type of research is legal research that uses a statutory approach, conceptual approach and comparative legal approach. The results of this study indicate that protecting debtor customer data and information through bank secrecy rules is relevant. Protection of data and information of all customers is necessary because it is a human right that has been guaranteed in the constitution, besides that personal data has a certain financial value and has become a tradable asset commodity. Debtor customers have an equally important position as depositors, the bank's intermediary function will not run without the activity of channeling funds to debtor customers. Therefore, in special circumstances, debtor customers with current credit collectibility can be considered to be protected in bank secrecy. Malaysia and the UK provide more adequate protection of debtor customer data and information compared to Indonesia, which limits the scope of bank secrets to depositors and their deposits.
Setting the Readiness of Law to Implement Central Bank Digital Currency in Indonesia Suwardiyati, Rumi; Ahmad, Azlin Alisa; Reka Dewantara; Dwi Benny Satria; Ranitya Ganindha
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.3

Abstract

The shift in behaviour from conventional to technology-based patterns has led to technological transformation, giving rise to an emerging digital currency: crypto. Crypto assets have great potential to develop financial system inclusion and efficiency while it can pose various risks affecting economic, monetary and financial system stability. The Indonesian government's strategic step to curb the use of cryptocurrencies is to issue Central Bank Digital Currency (CBDC). To date, 109 countries have begun to adopt the use of CBDC. The adoption of CBDC in Indonesia has not yet reached the implementation stage, but is still at the research stage. In line with this, this research aims to examine the readiness of Indonesian law to welcome the enactment of CBDC and to prepare an ideal legal construction in regulating CBDC in Indonesia. This paper employs a normative juridical research method with statutory and comparative approaches. The statutory approach involves examining the norms relating to CBDC, while the comparative approach aims to compare the norms applicable in China and the Bahamas regarding the use of CBDC. The results of this study reveal that the Indonesian government's legal readiness to implement CBDC will begin to enter the experimental stage after the P2SK Law recognises CBDC as a legal payment instrument and BI as the authority authorised to manage CBDC in Indonesia. The results of the comparison with China and the Bahamas show that the determination of the CBDC distribution model and the technology used is an important aspect that needs to be considered in preparing the ideal legal construction because it relates to the technological access capabilities of the community to use CBDC.
EXPLORING LEGAL CHALLENGES IN MURABAHAH FINANCING: A JURIDICAL ANALYSIS OF WANPRESTASI DISPUTES IN CONSUMER LOANS Fahri Gunawan Siagian; Reka Dewantara; Natsir Asnawi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3474

Abstract

This study examines the wanprestasi dispute between PT. Bank Syariah Indonesia, Tbk and a debtor concerning a murabahah financing agreement. The Makassar Religious Court's decision upheld the enforceability of the murabahah contract and collateral under Hak Tanggungan but dismissed the debtor’s financial hardship claim due to the COVID-19 pandemic. The study highlights gaps in debtor protection and the need for clearer procedural guidelines on collateral execution, proposing improvements for aligning Sharia principles with practical dispute resolution in Indonesia’s growing sharia finance sector.
THE ROLE OF JUDGES IN ADJUDICATING DEFAULT CASES CONTAINING ELEMENTS OF ABUSE OF CIRCUMSTANCES IN THE BANKING SECTOR Wandita Pramesthi; Reka Dewantara; Yenny Eta Widyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2867

Abstract

In the Indonesian civil law system, the role of judges is crucial in adjudicating cases involving contractual legal relationships, particularly in banking default cases. Injustice often arises from the abuse of circumstances, where debtors who are in a weak position are often victims of adverse bank policies. Additionally, high interest rates and oppressive contractual clauses pose significant challenges for judges. This research shows that disparities exist in court decisions on abuse of circumstances, creating legal uncertainty. Using a normative juridical approach, this research examines the need for clear legal guidelines from the Supreme Court to establish uniformity in the handling of default cases. Stronger regulations are expected to ensure that judges make more judicious decisions and uphold justice for all parties. This research emphasises the importance of applying the principle of fairness in contracts, so that freedom of contract does not neglect the rights of weaker parties.
The Legal Framework Construction For Regulating Non-Judge Mediators Outside The Court Azahra Hajar Gautama; Reka Dewantara; Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.308

Abstract

This thesis discusses the basic legal construction of the regulation of non-judgmental mediators outside the court, with a focus on the incompleteness of the regulations in Articles 4, 11, and 36 of Supreme Court Regulation (Perma) No. 1 of 2016. These provisions do not adequately regulate the position, authority, and responsibilities of non-judgmental mediators, thus creating legal uncertainty and potentially weakening the legitimacy of non-litigation mediation results. This study aims to answer two research problems: (1) the urgency of establishing legal regulations regarding non-judgmental mediators outside the court; and (2) the appropriate basic legal construction for the regulation. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study indicate that the urgency of establishing new regulations lies in the need to guarantee legal certainty, strengthen the position of mediators, and increase the effectiveness of mediation as an alternative dispute resolution. Based on Gustav Radbruch's theory of legal certainty, the current regulations do not fulfill the principle of legal certainty. Therefore, it is necessary to amend Articles 11 and 36 of Perma No. 1 of 2016, which covers the qualifications, legal status, accreditation, supervision, code of ethics, and accountability of non-judge mediators. This construction is based on Singapore's Mediation Act 2017 and analyzed using Maria Farida's legal theory. This proposal is expected to provide legal certainty and strengthen the non-litigation mediation system in Indonesia.
Co-Authors ABDUL RACHMAD BUDIONO Ahmad, Azlin Alisa Azahra Hajar Gautama Dwi Benny Satria Erma Defiana Putriyanti Fahri Gunawan Siagian Hamidi Masykur Natsir Asnawi Ranitya Ganindha Rumi Suwardiyati Sukarmi Sukarmi, Sukarmi Wandita Pramesthi Yenny Eta Widyanti