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All Journal Jurnal Siasat Bisnis Kertha Patrika Masalah-Masalah Hukum Jurnal Hukum Progresif JURNAL BISNIS STRATEGI Ekonomi Bisnis Jurnal Manajemen Teknologi Jurnal Keuangan dan Perbankan Kinerja JDM (Jurnal Dinamika Manajemen) Pandecta JAS (Journal of ASEAN Studies) Journal The Winners CommIT (Communication & Information Technology) FIAT JUSTISIA: Jurnal Ilmu Hukum Indonesian Journal of Business and Entrepreneurship (IJBE) Arena Hukum Jurnal Manajemen Atma Jaya Jurnal Aplikasi Bisnis dan Manajemen (JABM) E-Journal Jurnal Media Hukum Jurnal Hukum Novelty LAW REVIEW Diponegoro Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Binus Business Review Jurisprudence Jurnal Pariwisata Jurnal Ilmiah Hukum LEGALITY Hasanuddin Law Review Jurnal Riset Pendidikan Ekonomi Jurnal Ekonomi dan Bisnis Inovasi : Jurnal Ekonomi, Keuangan, dan Manajemen Varia Justicia Journal Economics & Business Atmajaya Indonesia Nagari Law Review Jurnal Kreativitas PKM Sociological Jurisprudence Journal KERTHA WICAKSANA Jurdimas (Jurnal Pengabdian Kepada Masyarakat) Royal JURNAL MERCATORIA Unes Law Review JIKA: Jurnal Ilmu Keuangan dan Perbankan Ultima Management : Jurnal Ilmu Manajemen EKUITAS (Jurnal Ekonomi dan Keuangan) Humaniora Economics and Finance in Indonesia Ekspose: Jurnal Penelitian Hukum dan Pendidikan RANDANG TANA - Jurnal Pengabdian Masyarakat Jurnal Simbur Cahaya To Maega: Jurnal Pengabdian Masyarakat Jurnal Pelayanan dan Pengabdian Masyarakat (Pamas) Jurnal Muara Ilmu Ekonomi dan Bisnis JURNAL ILMIAH ADVOKASI Jurnal Ilmiah Dunia Hukum Jurnal Manajemen Bisnis dan Kewirausahaan Journal of Law and Policy Transformation Jurnal Abdi: Media Pengabdian Kepada Masyarakat Madaniya Borobudur Law Review Vivabio : Jurnal Pengabdian Multidisiplin YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Manajemen Rudence: Rural Development for Economic Resilience Toba: Journal of Tourism, Hospitality, and Destination Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Proceeding of the International Conference on Family Business and Entrepreneurship (ICFBF) Hang Tuah Law Journal Prosiding Seri Seminar Nasional Jurnal Perspektif Pembiayaan dan Pembangunan Daerah Jurnal Pengabdian Masyarakat - Teknologi Digital Indonesia Business and Entrepreneurial Review Jurnal Manajemen dan Pemasaran Jasa International Journal of Application on Economics and Business Kanun: Jurnal Ilmu Hukum Economic and Finance in Indonesia SASI Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang Dialogia Iuridica
Suwinto Johan
Fakultas Hukum, Universitas Tarumanagara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Justice Aspects of Financial Service Authorities’s Competence for Bankruptcy and PKPU of Financial Service Institutions Based on Law No. 4 Year 2023 Suwinto Johan; Ariawan Gunadi
JURNAL MERCATORIA Vol. 16 No. 1 (2023): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v16i1.9222

Abstract

The Law on the Development and Strengthening of the Financial Sector was legalized by President Joko Widodo. The Act is known as Law No. 4 of 2023 often known as the P2SK Law, which stipulates that the Financial Services Authority or Otoritas Jasa Keuangan (OJK) is the only party that has the authority to file for bankruptcy and postpone debt payment obligations for financial service institutions. This research will provide novelty, especially on the definition of justice in the financial services sector, especially related to the interests of consumers and creditors with regulatory authority.This right has eliminated the creditor rights of insolvent financial service institutions. Creditors do not have any rights or legal action against defaulting or insolvent financial institutions. This research aims to examine the authority of OJK over bankruptcy and PKPU of Financial Services Institutions and justice for other creditors dan consumers according to the OJK’S authority. This researchers employed the normative juridical method. This study concluded that the authority of the OJK must be reviewed with consideration of the authority already possessed by the OJK, practical conditions in the business world specifically for financial service institutions, and the position and rights of creditors for loans to financial service institutions. The results of the study also found that the authority of the Financial Services Authority did not reflect the value of justice for consumers and creditors
What Does Financial Institution Termination of Employment Mean in Terms of Labor Law? Suwinto Johan; Luo Yuan Yuan
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.6372

Abstract

Termination of employment or layoffs hits workers’ psychological condition hard. Layoffs commonly occur and have raised concern in global community, especially in the financial industry. Various factors trigger layoffs, including actions from banks and the Covid-19 pandemic. In that era, banks faces risk such as triggering a decrease in financing, non performing loan and etc.This study discusses layoffs that occur in financial institutions using a normative juridical method. Primary data, secondary data and other data were collected and analyzed, which results showed that layoffs mostly occur following the declines in company performance and transactions occurring from corporate actions. The labor law guarantees workers under fixed-term employment contract to be entitled to the remaining term of his work agreement when layoffs occur. However, if the work contract is not extended, no compensation will be given. This scheme distinguishes permanent workers from contract workers.
The Difference between Leasing, Loans and Financing Referring to the Law and Regulations Suwinto Johan
Simbur Cahaya Volume 30 Nomor 1, Juni 2023
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v30i1.2780

Abstract

The terms leasing, financing and lending are often misused because people often think that all three terms mean the same thing. In fact, these terms are different schemes and roles based on applicable laws. Each financing has a different purpose of use. This normative juridical study discusses the differences between leasing, financing and loans or credit based on the applicable laws and regulations. This study uses library research and related laws and regulations. The results of this study indicate that there are significant differences between leasing, financing and loan schemes. Leasing for productive business activities and financing for consumptive activities, while credit is for all segments. Leasing is used to purchase productive goods and consumer financing to purchase consumer goods. The three types of financing are provided by financial institutions. Leasing and financing is provided by finance companies. Loans are provided by banks. Each scheme targets a different customer market and has different advantages and disadvantages for providers and customers. Leasing provides advantages in terms of taxation compared to other financing. In addition, property rights also differ between leasing, financing and loans. Agreements with collateral for goods are adjusted to the type of financing that also differs from one financing to another. Further research can be carried out by conducting empirical research through field surveys to focus group discussions. With a focus group discussion, the opinions of business actors can be concluded in the joint discussion. Thus, the research results will complement existing research
Who Should Regulate The Industry of Financial Technology? Suwinto Johan; Sugiarto Sugiarto
Pandecta Research Law Journal Vol 17, No 1 (2022): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i1.34048

Abstract

Financial technology (fintech) has outgrown its capacity. Industry supervision and consumer protection have become a challenge. Until now, the Indonesian Financial Services Authority (OJK) has been considered responsible for supervising the financial technology industry. The purpose of this research is to determine whether the Indonesian Financial Services Authority is capable of leading the fintech industry and whether a separate agency to oversee the fintech industry is necessary. This study employs a normative juridical methodology. This study examines the entire financial industry. According to this research, the Indonesian Financial Services Authority lacks the authority to regulate the fintech industry. The government should enact special legislation and regulations to govern the fintech industry. The regulator must consider creating a separate agency to supervise the fintech industry, similar to the Indonesian Financial Services Authority. This particular agency is comprised of individuals with ties to the financial sector, the telecommunications industry, and other law enforcement personnel.
WHO IS LIABLE FOR MEDICINE CONTAINING TOXIC CHEMICALS BASED ON THE CONSUMER PROTECTION LAW Suwinto Johan; Citra Rahayu
Ekspose: Jurnal Penelitian Hukum dan Pendidikan Vol 22, No 1 (2023): Juni
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ekspose.v22i1.3253

Abstract

The relationship between producer and consumer is not limited to buying and selling transactions only. But the producer is responsible until the product usage by the consumer. The producer sells a variety of products. It might be anything from simple items to ones that risk the lives of consumers. The producer is responsible for the effects that will raise from consumption of the product. The purpose of this study is to examine the medical/medicine producer's responsibility for the impacts on consumer poisoning. The study used normative juridical research methods. The conclusion of the study is the producer must bear responsibility for contaminating manufactured medicines. The producer accountability is in the form of compensate the consumer. These things have been managed in the Consumer Protection Act. If the producer received contaminated raw materials from the suppliers, so the producer can send these raw materials back to the supplier. A fraud penalty may be imposed on the supplier if they mix or provide the incorrect kind of raw material that doesn't fit the order. However, the producer still got to send these raw materials back.
Juridical Overview of the Syndication Financing Agreement Between Customers and Financial Institutions Suwinto Johan; Ariawan Ariawan
Kanun Jurnal Ilmu Hukum Vol 23, No 3 (2021): Vol. 23, No. 3, December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i3.21920

Abstract

Companies need funding for business growth. Syndicated financing is financing in large amounts of funds and projects that require extensive and long-term financing. Syndi-cated financing has grown since the 1960s. Participating financial institutions have compliance and knowledge of syndicated financing agreements. Customers have low compliance and understanding of financing agreements. This discrepancy has given rise to several communication problems, which resulted in legal events. This research aims to examine syndicated financing agreements between financial institutions and customers from the juridical side. This research uses a normative juridical method. This research concludes that the financing agreement is a single agreement between customers and many financial institutions. Financial institutions cannot deal directly with customers in the syndicated financing agreements. The facility agent or trustee represents the financial institution in negotiations with the customer if there is a difference or discrepancy with the financing agreement.
Credit Limit of Unsecured Consumer Lending: Evidence from Micro Data Johan, Suwinto; Dewi, Calista Endrina
Economics and Finance in Indonesia Vol. 67, No. 1
Publisher : UI Scholars Hub

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

Abstract

As credit card debts have increased in Indonesia over the past ten years, concerns over the impulsive buying behavior of Indonesian credit card holders have emerged. Therefore, more attention must be paid to credit risk management of banks as it plays an important role in analyzing the possibility of losses due to the inability of prospective borrowers to repay debts. This study provides empirical evidence about the prudence of commercial banks in Greater Jakarta in offering credit card limits. Using primary micro-data collected from credit card applications submitted to the largest foreign private bank providing retail credit in the Greater Jakarta area in 2019, this study employed multiple regression model to analyze the determinants of credit card limits in the Greater Jakarta. Our empirical findings suggest that age, home location, income, type of industry, and office location of prospective borrowers significantly influence credit card limits. Commercial banks in the Greater Jakarta, thus, have been prudent in offering credit card limits.
Between the Job Creation Act and Labor Act: What’s Specific Time Employee Agreement (PKWT)? Ariawan Gunadi; Suwinto Johan; Amad Sudiro
Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.2.p.160-170.2022

Abstract

President Jokowi signed the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation (UU Cipta Kerja), but the Constitutional Court (MK) decided to conduct a judicial review. According to the Constitutional Court, the government must revise the Job Creation Law within two years. Two of the five petitioners for judicial review express concern about the Job Creation Law's inclusion of Specific Time Employee Agreements (PKWT). A Specific Time Employee Agreement is a contract between a business/employer and its employees for a specified period. The purpose of this study is to examine Specific Time Employee Agreements. This study employs a normative judicial methodology. The research is unique in discussing Specific Time Employee Agreements from two perspectives: the worker and the employer. Additionally, this research examines how Specific Time Employee Agreements have been implemented in practice thus far. The research concludes that workers lack understanding of Specific Time Employee Agreements, raising concerns about the Job Creation Law. The absence of a formulation regarding precarious work creates legal uncertainty for workers. Ineffective communication between the employer and employees has raised suspicions regarding the Specific Time Employee Agreement between the two parties. The Job Creation Law's socialization of labor cluster legislation requires improvement. To avoid misinterpretation, the definition of non-permanent work must be clarified
DOES COVID-19 EFFECT BANK PERFORMANCE? An Evidence from Indonesia Johan, Suwinto; Chuadrey, A. Letizia M.
Jurnal Ilmu Keuangan dan Perbankan (JIKA) Vol. 11 No. 2: Juni 2022
Publisher : Program Studi Keuangan & Perbankan, Fakultas Ekonomi dan Bisnis, Universitas Komputer Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34010/jika.v11i2.6472

Abstract

The Covid-19 epidemic has impacted many elements of human existence. The economy is in a downturn. The number of individuals living in poverty is rising. Many businesses are going out of business. Banking is a sector that helps a country's economy. The goal of this study is to see if COVID-19 impacts the banking industry's performance. The data for this study spans two years, from 2019 to 2020. The year before the pandemic is 2019, and the pandemic is 2020. This study includes data from 17 banks as a sample. The Mann-Whitney non-parametric test method was employed in this investigation. The study looks at any changes in bank financial performance in Indonesia before and after the Covid-19 outbreak. According to the findings, bank performance in company size, profitability, and efficiency did not alter before or during the pandemic. This explains why the bank's performance is stable due to the government's macroeconomic policies. Bank success has been sustained by macro policies
TRACKING DEVICES ON COLLATERAL VEHICLES BY FINANCIAL INSTITUTIONS INVADES CUSTOMER PRIVACY ACCORDING TO PRIVACY PROTECTION LAW Johan, Suwinto
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7361

Abstract

Financial institutions expect financing to be returned on time and adhere the terms of the agreement. Financial institutions profit from the ability to handle non-performing loans (NPL). The lower the level of NPL, the lower the risk and the higher the profit made by the financial institution. One way to mitigate risk is the capacity to take over the collateral for financing. One of the collaterals for financing is in the form of a vehicle. This vehicle is guaranteed by Fiduciary security. If consumer default occurs, financial institutions can seize the collateral and use it to pay off the loan. Financial institutions employ a variety of strategies to ensure that collateral is quickly located in the event of a default. One method is to use technology to install a tracking device. This study scrutinizes the use of tracking devices by financial institutions from the perspective of consumer privacy protection. This normative legal research concludes that collaterals with Fiduciary security are property of financial institutions prior to settlement. However, the installation of tracking devices on collateral vehicles might invade customer privacy. The customer has the option to object the installation of the device on the vehicle.
Co-Authors Adhi Setyo Santoso Alicya Pingkan Elizabeth Watung Amad Sudiro Amad Sudiro Amad Sudiro Amad sudiro Andy Andy Angelina L.M. Chuadrey Anton Wachidin Widjaja Ariawan Ariawan Ariawan Ariawan Ariawan Ariawan Ariawan Ariawan Ariawan Gunadi Ariawan Gunadi Ariawan Gunadi Ariawan, Ariawan Bambang Juanda Cakranegara, Pandu Adi Calista Endrina Dewi Chandra Setiawan Chesy Conysia Fitri Safa'at Chesy Conysia Fitri Safa’at Chuadrey, A. Letizia M. Citra Rahayu Claudia Gita Hapsari Cyntia Fallen Dativa Averina Santie Dedi Kurniawan dedi kurniawan Dewi, Calista Endrina Eko Ganiarto Erika Victoria Faradiba Utari Kuswardani Ferdy Mahendra Fitri Amalia Rahman Gunard LIe Gunardi Lie Hendrik Aprilyanto Herbani, Laura Hermanto Siregar Hidayat, Agus Sofian Eka Hiqmatus Sholichah Ida Kurnia Ignatius Indrawan Sumawinata Indah Siti Aprilia Jovanka Andira Sarwoto Kezia Telambanua Khuzaimah, Zein Lie, Gunardi Luo Yuan Yuan Luo Yuan Yuan Manurung, Sony Priya Elita Markoni Markoni Muslih Abdillah Nelly Then Ng, Marella Novia Clarista Mulyanto Okia Verda Suryani Perdana Wahyu Santoso Rayhan Mohmad Athallah Hafiz S. Richard Chandra Adam Russel Ryan Sandra Maleachi Sarah Novalina Sipayung Sarah Novalina Sipayung Selly Angelina Sugiarto Sugiarto Tubagus Nur Ahmad Maulana Veronika Angel Siregar Victoria, Erika Wahyuni Rusliyana Sari Wira Wijaya Gea Wisnu Purnama Sidhi Yuan, Lou Yudi Iskandar