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Journal : Jurnal Akta

Fiduciary Guarantee Registration Implementation Through Electronic (Online System) in Indonesia Satory, Agus; Ahmad, Sufmi Dasco; Nugraha, Roby Satya
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41689

Abstract

The aim of this research is to analyze the implementation of electronic fiduciary registration in Indonesia and to analyze the factors that support and hinder the implementation of electronic fiduciary registration. The research methods taken in this study is a normative juridical approach supported by empirical data. Fiduciary as a guarantee institution is regulated in Law No. 42 of 1999 concerning Fiduciary Guarantees and followed up with Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Guarantee Deeds. Fiduciary registration cannot be separated from fiduciary collateral because fiduciary registration results in guaranteed legal certainty for creditors and interested parties. However, until now there are still many fiduciary guarantees that are not registered because many things have become obstacles in the registration process for fiduciary guarantees. To overcome the obstacles that occur in daily practice both those that occur in bank financing institutions and non-bank financing institutions (leasing) and notaries in registration of fiduciary guarantees, then the government made a new breakthrough by increasing the service of registration of fiduciary guarantees easily, quickly, and at low cost, namely by conducting electronic fiduciary registration services.
Consumer Dispute Resolution in the Financial Services Sector in Indonesia Agus Satory; Sufmi Dasco Ahmad; Roby Satya Nugraha
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50489

Abstract

The purpose of this study is to analyze the model of consumer dispute resolution in the financial services sector in Indonesia. The research method used in this study is a normative juridical approach supported by empirical data. Consumer disputes can be resolved through the courts or out of court based on the voluntary choice of the disputing parties. This means that consumers are given the freedom to claim their rights if they are harmed by business actors, either through litigation or non-litigation channels. Thus, consumers in the financial services sector who have been harmed can choose from the current models of consumer dispute resolution in the financial services sector, namely litigation through breach of contract suits, unlawful act suits, class actions, legal standing, and small claims courts. Meanwhile, non-litigation can be pursued through BPSK, LAPS SJK, or LAPS SK. The use of the small claims court mechanism as one of the models for resolving consumer disputes in the financial services sector through litigation in court can be empowered, and the process of resolving consumer disputes through non-litigation via BPSK can be carried out in stages.