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All Journal Pembaharuan Hukum International Journal of Law Reconstruction Jurnal Legal Reasoning Selisik : Jurnal Hukum dan Bisnis Jurnal Ilmiah Edunomika (JIE) Journal of Law, Poliitic and Humanities Jurnal Smart Hukum (JSH) Mandalika Law Journal Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences Journal of Law and Humanity Studies
Andreas Eno Tirtakusuma
Universitas Pancasila
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection and the Role of the State in Online Lending and Online Arisan Andreas Eno Tirtakusuma
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.2965

Abstract

In the contemporary world, economic activities have increasingly transformed into electronic transactions. The use of electronic technology in money-lending activities and arisan has shifted practices that were previously conducted face to face into more practical online formats. Electronic technology has significantly accelerated and simplified these processes. Online lending and online arisan have emerged as two phenomena that are becoming increasingly prevalent, particularly as the intensive use of digital devices has led to a high level of dependency within society. Technological developments have facilitated rapid access to cash through online platforms, while online arisan arrangements have made the organization of arisan activities considerably easier. Both phenomena generate substantial social and economic impacts; however, they also give rise to various challenges related to security and regulation. Further research is therefore required to understand the legal relationships and the resolution of legal consequences arising from the implementation of online lending and online arisan, as, in practice, online lending has frequently resulted in debtors becoming financially distressed and unable to meet their repayment obligations, while many arisan participants have been trapped in fraudulent arisan schemes. The issues examined in this study concern how online lending (pinjol) and online arisan (arisol) operate as economic activities within society, how they are regulated, and how state protection is provided in practice in relation to these activities. These issues are examined through normative legal research employing a statutory approach and a case approach, grounded in theories of obligations and legal protection. Ultimately, this study concludes that there is a need to provide guarantees for debtors and arisan participants, which may take the form of a dedicated protection institution or a mandatory insurance mechanism.
Socio-Legal Studies and the Implementation of Law No. 1 of 2023 Andreas Eno Tirtakusuma
Mandalika Law Journal Vol. 4 No. 1 (2026): Mandalika Law Journal
Publisher : Yayasan Baru Haji Samsudin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/mlj.v4i1.5866

Abstract

This study explores the role of the socio-legal approach in law enforcement, emphasizing the interaction between legal texts and social realities. Using a qualitative methodology, specifically literature review and library research, the article investigates key legal theory concepts, including Lawrence M. Friedman's framework of the legal system consisting of structure, substance, and legal culture, as well as Soerjono Soekanto’s identification of five crucial factors influencing law enforcement. The study also incorporates Richard A. Posner’s economic analysis of law, particularly in criminal law, and highlights the significance of legal culture in shaping public legal awareness. The findings indicate that law enforcement should not be viewed solely through a normative lens but must integrate social, cultural, and economic dimensions to understand its full impact. In the context of the enactment of Law No. 1 of 2023 (the new Indonesian Penal Code), the application of this law requires a thorough understanding of the socio-legal approach, which can help judges make more informed and contextually just decisions. The socio-legal approach provides a comprehensive perspective, bridging the gap between written law and its practical application, and offers recommendations for creating legal policies that are more attuned to societal needs. This research contributes to advancing the understanding of the importance of integrating legal theory with social sciences to foster a more just and effective legal system.
Co-Authors Astrid Prayogo Putri Dhea Tunggadewi Eddy Angkawijaya Efridani Lubis Eleazar Josiah Tirtakusuma Eleazar Josiah Tirtakusuma Josiah Tirtakusuma, Eleazar Susan Frisca Tirtakusuma, Adino Jedidiah Jedidiah Tirtakusuma, Eleazar Josiah Josiah Tirtakusuma, Shamma Jezzaniah Yusuf Akbar Khairulah