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Sastradinata, Dhevi Nayasari
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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MISSING THE ESSENCE OF CONSENT IN PERSONAL GUARANTEES IN ONLINE LOAN PRACTICES Muljono, Bambang Eko; Suisno, Suisno; Sastradinata, Dhevi Nayasari
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.200

Abstract

AbstractRelated to the problem of online loans that no longer heed the approval of third parties in appointing someone as a guarantor of the debtor's debt. Then the novelty willbe offered as a solution to the existing problems by using a research method in the formof normative juridical which of course will be guided by the applicable laws andregulations related to the problems that arise and other legal materials that are stillrelevant. In the economic sector, especially in non-bank financial institutions that provideonline loan services, also use the internet as the main media. Seeing the facts that occur,namely regarding the rise of online loans as a creditor who makes a third party aguarantor of the debtor, outside the knowledge and without the consent of someone whobecomes a third party, makes the public question how the government, especially thoserelated to the financial sector, handles these cases. Especially for the Financial ServicesAuthority (OJK), which has the authority and duty to supervise various non-bankfinancial institutions that have been regulated to be outside the authority of BankIndonesia to supervise them. Because of these complicated problems, researchers areinterested in researching further.
Enforcement of the Crime of Money Laundering in Digital Financial Transactions Ningtias, Ayu Dian; Sastradinata, Dhevi Nayasari; Isnaini, Enik; Suisno
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.265

Abstract

Abstract These financial crimes can range from theft, fraud to taking advantage of other parties in the financial industry, for example: account theft, ATM browsing, credit card fraud, fake draws. Several cases of terrorist financing use digital payments as a means of online funding. There is also evidence that corrupt actors use digital payments to hide the proceeds of their crimes. This situation can certainly threaten economic stability and the integrity of the financial system. Therefore, a comprehensive regulatory framework through the establishment of.fintech legislation needs to be developed to maintain the integrity of digital payments and strengthen the government's regulatory function. Terrorist financing is even included in financial crimes: apart from hiding and protecting the origins of the proceeds of crime, it is also included in financial crimes in the money laundering group.
Consumer Protection In Power Purchase Agreement In Standard Agreement Perspective Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Winarno, Jatmiko
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.304

Abstract

Solar energy provides consumers with the ability to generate their own electricity, Indonesia has 0.31 GW of solar power capacity, just shy of 0.03 percent of its total solar potential. Looking forward, the country plans to add up to 4.5 GW of solar capacity by 2030 in the PLN's Electricity Business Plan (RUPTL) 2021-2030, In the power purchase agreement, the above is not clearly stated in the clauses of the agreement, so it can cause multiple interpretations. The balance of the position of the parties in the standard power purchase contract between PT. PLN (PERSERO) with customers has not yet been fully realized. This is indicated that there are still articles in the power purchase agreement between PT. PLN (PERSERO) with customers, which are articles that only prioritize the interests of PT. PLN (PERSERO), which in this case is the party making the standard agreement. The Consumer Protection Law does not regulate Standard Agreements but regulates the contents of standard agreements called Standard Clauses.
Authenticity of Auction Minutes as a Basis for Transfer of Land and or Building Sale-Purchase Rights Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Abidin, Zaenal
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.372

Abstract

ABSTRACT This research is motivated by the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights. to find the legal basis and explain the proof of auction minutes with applicable legal provisions. This research uses a normative legal research type, using a statutory approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights is very important; auction minutes serve as evidence that the relevant auction legal act has been carried out. The legal act is cash in nature, as well as providing the transfer of rights to the object in question to the recipient of the rights. The form of the legal basis for Article 1, number 34 of the Regulation of the Minister of Finance Number 122 of 2023 concerning Auction Implementation Guidelines. And regulated in the provisions of Article 35 Vendu Reglement (Auction Regulations) concerning the Regulation of Public Sales in Indonesia (Ordinance of February 28, S. 1908-189 in effect since April 1, 1908). The provisions in Article 1868 of the Civil Code stipulate that: "An authentic deed is a deed in the form determined by law, made by or before authorized public officials for that purpose where the deed is made". Proof aims to establish the law between the two parties concerning a right so that a truth is obtained that has the value of certainty, justice, and legal certainty.
Criminal Liability in Cases of Counterfeiting Excise Stamps under Indonesian Excise Law Sastradinata, Dhevi Nayasari; Ja'far Shodiq; Maulana, Syahrul Hikmah
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.375

Abstract

Criminal acts in the field of excise in this case are closely related to counterfeiting excise stamps which will have an impact on two sides, namely affecting state revenue and damaging the social system. In addition, the Criminal Act of counterfeiting excise stamps is a special criminal act regulated in Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 concerning Excise. The formulation of the problem in writing this law is how to investigate counterfeiting excise stamps and apply criminal sanctions to counterfeiting excise stamps according to Law Number 39 of 2007 concerning Excise. This study uses a normative juridical research type using a statute approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study conclude that in the process of investigation of PPNS Customs and Excise regulated in the applicable legislation in Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 concerning Excise, and Laws Number 17 of 2006 concerning Amendments to Laws Number 10 of 1995 concerning Customs and Excise, it is regulated regarding the authority of civil servant investigators of the Directorate General of Customs and Excise and is based on Government Regulation Number 55 of 1996 until August 23, 1996. The criminal law policy in efforts to overcome the crime of counterfeiting excise tapes currently contained in the Criminal Code still has weaknesses in the rules regarding investigations into counterfeiting excise tapes and the application of sanctions. Therefore, the criminal law policy in the effort to overcome the crime of counterfeiting excise stamps in the future must be regulated better in the application of sanctions, so that it can help law enforcers in upholding justice and judges in deciding a case.
Legal Review of Embezzlement of Funds in Corporate Crimes Sastradinata, Dhevi Nayasari; Nahdliyah, Hadziqotun; Sidiq, Kidung Alfiani
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.379

Abstract

ABSTRACT One prevalent form of criminal offense within society is embezzlement, and this crime continues to occur across various sectors of society, spanning individuals from different socioeconomic backgrounds. This research aims to examine how embezzlement of funds is regulated within a corporation and to explore the accountability of embezzlers in corporate crimes. The study employs a juridical normative method, utilizing primary legal resources. The findings indicate that implementing direct criminal accountability on public corporations in the context of embezzlement unveils several relevant considerations. Placing public corporations as entities directly responsible for criminal acts sends a strong signal that any unlawful actions will not be tolerated, regardless of the perpetrators within the corporation. Involving senior officials or corporate leaders in criminal accountability encourages transparency and accountability within the corporate leadership structure, emphasizing the importance of integrity in decision-making processes. The restitution of rights for aggrieved victims emerges as a key aspect in addressing embezzlement crimes.
Dispute Resolution Mechanism in Buying and Sale Transactions Conducted in E-Commerce Suisno; Sastradinata, Dhevi Nayasari; Afrida, Nabila
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.380

Abstract

ABSTRACT The advancement of information technology today provides freedom of distance, space and time to improve human performance in various activities, thereby increasing productivity and efficiency. People also use this technology as a source of income in their spare time, as entrepreneurs and consumers who offer goods and services through electronic media connected via the Internet. With the development of information flow and increasingly sophisticated digital technology, as well as the increasing use of mobile devices, this has led to changes in consumer behavior. Many people are starting to use online stores. The use of technology and information through online media in business is known as online buying and selling. The nature of the investigation itself is to obtain the truth based on the actual facts. This research method uses a normative legal research method, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials including: the Law Code from the results of the research it can be concluded that: if a dispute occurs in a buying and selling transaction via the internet, it can basically be done through the courts (litigation) or outside the courts (non-litigation) such as Negotiation, Mediation and Arbitration. However, in general, the disputing parties will be more inclined to resolve the dispute through non-litigation channels because the costs are relatively cheap, decisions can be made in a relatively short time, and the force of the decision is the same as a court decision which is final and binding.
Co-Authors Afrida, Nabila Isnaini, Enik Ja'far Shodiq Maulana, Syahrul Hikmah Muljono, Bambang Eko Nahdliyah, Hadziqotun Ningtias, Ayu Dian Sidiq, Kidung Alfiani Suisno Suisno, Ayu Dian Ningtias Suisno, Suisno Winarno, Jatmiko Zaenal Abidin