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The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Abstract

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article
SOLUSI POTRET PROBLEMATIKA MATERI MUATAN REGULASI DALAM PENANGANAN COVID-19DI INDONESIA Sabirin, Ahmad; Duta Adhiyaksa, Febrian; Shafira Widianti Apcar, Janna
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.232

Abstract

The COVID-19 pandemic has had a tremendous impact, ranging from the economic crisis to public health, which is the government's focus in minimizing the impact of the Covid-19 pandemic. The type of research used in this research is juridical-normative. And the purpose of this research, namely; 1) describe the regulations issued by the Central and Regional Governments in dealing with the Covid-19 Pandemic, 2) and describe solutions to overcome regulatory problems issued by the Central and Regional Governments during the Covid-19 Pandemic. The government in issuing several regulations looks inconsistent, for example; the difference in the definition of PSBB as regulated in PP No. 21 of 2020 with that regulated in the Quarantine Law. Then, regarding the Instruction of the Minister of Home Affairs Number 15 of 2021 which is considered to have neglected the regulations above. Problems with existing regulations, the government needs to break the chain of spread of the Covid-19 pandemic with the product of regulations based on the Tiered Law Theory by Hans Nawiasky. This theory then when associated with problems in Indonesia can make Article 34 paragraph (3) of the 1945 Constitution and Law no. 6 concerning Health Quarantine is a reference for the government in formulating the rules under it, in matters relating to regulations during the Covid-19 pandemic so that it becomes a solution in overcoming the regulatory problems of handling the Covid-19 pandemic.