Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Media Hukum Diponegoro Law Review PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Penelitian Hukum De Jure USU Journal of Legal Studies
Tri Handayani
Faculty of Law, Padjadjaran University
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 6 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 6 Documents
Search

 1 
Legal Issues in Sharia Pawn Gold Practice in Indonesia Lastuti Abubakar; Tri Handayani
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.618

Abstract

In the past few years, there is a trend of applying Islamic concept in Indonesia’s economic system, and it has implications for the existing legal system whereby new legal system should accommodate the changes. One of the institutions that use both conventional and shari’a system in Indonesia is pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as a financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawn shops, and financial institutions to offer pawn gold that is not for financing activity but investment activity. Therefore, it raised a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as a financing mechanism. This study uses a normative juridical approach by using secondary data from the legal resources, with a specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small, medium enterprises (SMEs) is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households regarding financing that cannot be fulfilled by the banks and other financial institutions. Keywords: Pawn Gold, Legal Pawning, Shari’a
The Urgency of Strengthening Appraisal Regulations to Realize a Legal Protection for Appraiser Lastuti Abubakar; Tri Handayani
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190129

Abstract

To provide legal protection and legal certainty for service users and Appraisers, the Government, in this case, the Ministry of Finance requires the Public Appraisal profession to obtain a permit in supporting financial service sector. The research describes the position and responsibility of Appraisers in assessing collateral for loan and  finance, that in practice, often requires Appraisers’ administrative, civil, and criminal responsibilities. The article uses a multi-interdisciplinary approach by applying status, comparative, and case study. The results show that a key for legal protection for appraiser comes from a legal relationship between an Appraiser and a Bank. The assessment of collateral for bank loan and financing, arises from collateral appraisal cooperation agreements; and from the legal provisions, including Regulation of the Ministry of Finance on Public Appraisal and the other related Laws. Furthermore, Legal responsibility of Appraiser's mistakes in appraising will be an administrative and civil sanctions. To provide legal certainty and legal protection for the Appraisal profession requires a strengthening of regulations by the issuance of Law on Public Appraisers such as other supporting professions, namely Public Notary, Legal Consultant, and Public Accountant.
STRENGTHENING FINANCIAL TECHNOLOGY REGULATION TO EMPOWERMENT FINANCIAL INCLUSIVE Lastuti Abubakar; Tri Handayani
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (539.663 KB) | DOI: 10.14710/dilrev.4.2.2019.274-290

Abstract

After the global crisis at 2008; Financial Inclusion became a focus in many international forums including developing countries and Indonesia. Refers to international best practice, the solution is made: the national financial inclusion strategies that conducted among other things such as launch a certain programs such as branchless banking and peer to peer lending are the solutions has made.  One of the financial inclusive principles is technological innovation to expand public access using financial technology to reach financial systems. This research aims to study and analyze fintech regulation in Indonesia to empower the financial inclusive. Research method is used a normative juridical and descriptive analytics specification. Data has analyzed in a qualitative juridical. The results showed that Fintech has a role in broaden the access for community to financial systems so that it can be a tool for poverty alleviation and economic equality. Likewise, to strengthening and rearrange Fintech regulation is needed due to overcome the obstacles such as the misuse of personal data, the growth of shadow economy and consumer losses. Therefore, it is required a comprehensive regulation, cooperation between authorities and institutions in order that Fintech can be optimally empower the financial inclusion.
The Urgency of Open Application Programming Interface Standardization in the Implementation of Open Banking to Customer Data Protection for the Advancement of Indonesian Banking Billiam Billiam; Lastuti Abubakar; Tri Handayani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Open banking with Application Programming Interface technology (open API) is an initiative that aims to streamline the payment system in Indonesia. Open API allows banks to integrate their systems with fintech and e-commerce by disclosing customer transaction data. This study aims to reveal the urgency of open API standardization in the Indonesian implementation of open banking. The study employed a normative juridical approach to secondary data. The data includes primary, secondary, and tertiary legal materials. It also used a qualitative normative data analysis method. It concludes that before the establishment of the National Standard for Open API Payment (SNAP), the process of sharing data among banks and fintech and/or e-commerce was unstandardized. It was only based on agreement among parties. Indonesian banks have different-various standards of the open API that could affect customer data protection. According to the Regulation of the Financial Service Authority Number 12/POJK.03/2018, the relationship between banks and fintech and/or e-commerce in the administration of digital banking services that is based solely on agreements among parties is not strong enough. OJK indeed presents as a supervisory agency. However, the parties will eventually return to an agreement among themselves. In contrast to the Regulation of the Financial Service Authority, the Regulation of Members of the Board of Governors, which is the legal basis for SNAP, provides standards that both service providers and service users must comply with. However, the implementation of SNAP-based open APIs still needs the readiness of personal data protection regulations.DOI: https://doi.org/10.22304/pjih.v9n1.a4 
Ketidakpastian Hukum Penggunaan Kode Unik Dalam Sistem Pembayaran E-Commerce Teguh Tresna Puja Asmara; Tri Handayani
Jurnal Penelitian Hukum De Jure Vol 19, No 4 (2019): Edisi Desember
Publisher : Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.579 KB) | DOI: 10.30641/dejure.2019.V19.503-516

Abstract

Tingginya minat masyarakat dalam berbelanja di electronic commerce (e-commerce) membuat marketplace menyediakan berbagai metode pembayaran salah satunya yaitu metode pembayaran melalui transfer bank. Metode transfer bank tersebut, dalam pelaksanaannya membutuhkan kode unik guna mengefisienkan sistem pembayaran. Kode unik ada yang ditambahkan dari nominal yang seharusnya dibayar ada juga yang dikurangi dari nominal yang harus dibayar pembeli. Dalam hal penambahan dana terkait kode unik ada beberapa e-commerce yang mengembalikan dananya ke dalam akun pengguna, akan tetapi masih banyak e-commerce yang tidak mengembalikan dana kode unik tersebut dikarenakan tidak memiliki sistem electronic money (e-money) di aplikasinya. Penelitian ini bersifat deskriptif analitis dengan menggunakan pendekatan yuridis normatif. Hasil penelitian menunjukan bahwa terdapat ketidakpastian hukum terkait penggunaan kode unik dalam pembayaran sistem e-commerce. Hal tersebut dikarenakan kode unik muncul setelah dilakukannya transaksi atau setelah dibuatnya perjanjian jual beli. Selain itu, tidak semua e-commerce memiliki sistem e-money, sehingga pada saat adanya penambahan maupun pengurangan nominal pembayaran yang seharusnya dibayar, dapat merugikan dan menimbulkan ketidakpastian hukum bagi pembeli maupun penjual, dikarenakan tidak adanya mekanisme yang jelas guna mengembalikan dana yang telah ditransferkan dalam bentuk kode unik
EQUITY PRINCIPLE AS TRUST CONTRACT PRINCIPLE IN BANKING AND ITS IMPACT TO NATIONAL CONTRACT LAW RENEWAL Tri Handayani; Lastuti Abubakar
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.765 KB)

Abstract

National bank industry need a strong legal principles to run its function as intermediary institution in supporting national development and global access in order to be able to compete in welcoming ASEAN Banking Integration Framework (ABIF) in 2020. To anticipate that, Banking develop banking services based on contract. One of many, is Bank Indonesia which has issued PBI No. 14/17/PBI/2012 regarding deposit and managing (Trust) which then revised with POJK No: 25/POJK.03/2016 regarding revision of POJK No: 27/POJK.03/2015, which brought forward equity principle. This activity brings impact in contract law development. In its implementation, equity principle was troubled with the difference its definition or application in Indonesia and other countries with common law legal system. The issues to be discussed are (1) How is the implementation of equity principle in trust agreement to push the development of national banking? (2) how is the urgency of contract law system renewal in accommodating trust agreement? Based on the previous research, the result is: there is difference in definition and scope of equity in its implementation based on Indonesian contract law. The implementation of equity principle hasn’t been performed optimally, remembering Indonesian legal system which doesn’t recognize dual ownership which is the essence in trust agreement. Because of this, certain effort is necessary to implement equity principle concretely. It is time for Indonesia to renew its contract law to be able to compete the vast development of banking activity or other rapidly developing business.
Co-Authors Billiam Billiam Lastuti Abubakar Lastuti Abubakar Teguh Tresna Puja Asmara