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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) ARBITER: Jurnal Ilmiah Magister Hukum
Khadijah, Siti Nur
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Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Analisis Yuridis Konsolidasi Tanah Masyarakat Hukum Adat di Daerah Perkotaan Khadijah, Siti Nur; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.635

Abstract

The existence of customary land rights in Article 3 of the Basic Agrarian Law is a common thing, because along with the territorial rights of indigenous peoples, they existed before the formation of the Republic of Indonesia. However, many problems with land in customary areas that arise in territorial and national sizes will never get a complete settlement without the fair treatment needed as a benchmark for determining the existence of customary rights and their implementation. The existence criteria for establishing customary rights consist of three elements, namely the existence of certain customary rights into the environment, the existence of certain customary law communities, and the purpose of taking the lives of indigenous peoples, and the existence of customary law regarding the maintenance of order, the use of controversial lands that apply and are adhered to by the government. culture. In this study using a normative juridical method. The results of this study show that there are still rules from the community, and there is no regulation on ulayat rights. Customary rights regulations can be a loophole for customary rights, even at the lowest level.
Perlindungan Hukum Terhadap Pemberi Pinjaman dalam Sistem Fintech Peer to Peer Lending (Studi pada Otoritas Jasa Keuangan Kantor Regional 5 Sumatera Bagian Utara) Khadijah, Siti Nur; Sunarmi, Sunarmi; Ramadhan, M. Citra
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (952.407 KB) | DOI: 10.34007/jehss.v5i3.1451

Abstract

The problems discussed in this paper are How is the legal arrangement of lenders in the Peer To Peer Lending system, especially in the city of Medan where POJK is the foundation, How is the application of legal protection to lenders in the Peer to Peer Lending system, What are the obstacles and efforts on the part of the lender? lenders in the peer to peer lending financial technology system at OJK regional office 5, Northern Sumatra. The research method used by the author is normative juridical by finding and collecting data through library research from reading sources in the form of related legal books, legal expert opinions, related legislation, related websites, and interview results. The results of this study show that legal protection for Lenders can be realized in a preventive manner based on Article 29 of POJK Number 77/POJK.01/2016, namely by applying basic principles for Providers and repressive legal protection based on Article 37 of POJK Number 77/POJK.01/ 2016 concerning Information Technology-based Lending and Borrowing Services and Article 38 of POJK Number 1/POJK.07/2013 in conjunction with POJK Number 6/POJK.06/2022 concerning Consumer and Community Protection in the Financial Services Sector. when it comes from a system error.
Co-Authors Idham Idham Ramadhan, M. Citra Sunarmi Sunarmi