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All Journal Jurnal Suara Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Shokhikhah, Zilda Khilmatus
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Analysis of Unguaranteed Loans and Agreements (Case Study: Illegal Online Loans) Shokhikhah, Zilda Khilmatus; Nurhamid, Nurhamid; Arrum, Desi Arianing; Utama, Adhyaqza
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3460

Abstract

The existence of technology has streamlined human life today, even in carrying out transactions can also be done easily. Such as borrowing funds quickly and easily through online loan services. However, the unsecured credit business carried out online actually causes many problems, both through mechanisms such as the absence of guarantees and letters of agreement to billing by terrorizing customers. This study uses a descriptive method with a qualitative approach which aims to find out how the law applies to unsecured loans. The result is that in Articles 1131 and 1132 of the Criminal Code, unsecured credit can be made when both people know each other and it is poured into an agreement to binding each other. Meanwhile, credit without a letter of agreement will cause problems in the billing mechanism that will not be following applicable legal procedures regulated in the Act and POJK.  
The Rights-Based Labor Law: A Comparison of Indonesian and Nepal Policies Rahayu, Devi; Munir , Mishbahul; Wartiningsih; Shokhikhah, Zilda Khilmatus; Thapa, Nar Yan
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p156-183

Abstract

Human Rights (HR) serve as a crucial foundation in labor policies to protect workers' rights. However, both Indonesia and Nepal face significant challenges in their implementation, such as rights violations in the informal and formal sectors in Indonesia, and the risk of exploitation of Nepali migrant workers, exacerbated by the pandemic, weak oversight, and a lack of social protection. This study aims to analyze the differences in the implementation of human rights-based labor laws in Indonesia and Nepal and to identify the factors influencing the success or challenges of their enforcement. The study employs a normative legal method with legislative, comparative, conceptual, and historical approaches to analyze the integration of human rights principles into labor policies in Indonesia and Nepal. It relies on qualitative data from library research, including primary, secondary, and tertiary legal materials. The findings reveal that the implementation of human rights-based labor laws in Indonesia and Nepal demonstrates a commitment to international principles through the ratification of ILO conventions. However, both countries face distinct challenges within their social, economic, and implementation capacities. Indonesia focuses on protecting minimum wages, social security, and regulating working hours but struggles with gender discrimination and issues in the informal workforce. Meanwhile, Nepal deals with caste discrimination, migrant worker protection, and inadequate social security schemes. Both countries encounter oversight challenges, but factors such as socio-economic context, pro-investment policies, and commitment to international standards influence the success and challenges of implementing human rights-based labor laws in these two nations.
Co-Authors Arrum, Desi Arianing Devi Rahayu Munir , Mishbahul Nurhamid, Nurhamid Thapa, Nar Yan Utama, Adhyaqza Wartiningsih