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Regulatory Shifts and Legal Certainty in Cryptocurrency Trading: Towards an Integrated Supervision Model in Indonesia Berutu, Jundri R.; Yuhelson, Yuhelson; Prasetyo , Dedy Ardian
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.578

Abstract

The rapid growth of cryptocurrency trading in Indonesia reflects the increasing integration of digital assets into the national economy. Initially classified as tradeable commodities under the supervision of the Commodity Futures Trading Regulatory Agency (BAPPEBTI), cryptocurrencies have recently been repositioned within the financial sector's regulatory framework, following the enactment of Law No. 4 of 2023 on Financial Sector Development and Strengthening (UU PPSK). This study analyzes the legal and institutional implications of shifting supervisory authority to Indonesia's Financial Services Authority (OJK) and examines the regulatory challenges in ensuring legal certainty within this evolving digital asset landscape. Using a normative legal research method with statutory, conceptual, and comparative approaches, the findings reveal that Indonesia’s regulatory landscape remains fragmented and transitional. The absence of a unified and substantive legal framework, combined with institutional overlap and limited technological oversight capacity, undermines investor protection and market integrity. This paper recommends the formulation of a dedicated cryptocurrency law, the adoption of digital supervision mechanisms, and strengthened inter-agency coordination to build a coherent and future-proof legal regime. The novelty of this research lies in its critical examination of Indonesia’s regulatory transition and its proposal for a unified digital asset governance model. The study contributes to the growing body of scholarship on digital financial regulation in emerging markets and offers practical guidance for policymakers navigating the complexities of crypto-asset supervision.
Existence of Banking Credit Agreement with Standard Clauses Related to the Implementation of Consumer Law Protection in Indonesia Fiver, Ramjahif Pahisa Gorya; Yuhelson, Yuhelson; Prasetyo, Dedy Ardian
Jurnal Indonesia Sosial Sains Vol. 5 No. 05 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i05.1118

Abstract

This study examines the existence of banking credit agreements with standard clauses in the context of the implementation of consumer law protection in Indonesia. Standard clauses are often used by banks to regulate the legal relationship between banks and customers. However, the use of this clause often causes problems because it is considered detrimental to consumers. An agreement made by debtors and creditors is a complex series of laws, the emergence of conditions in an agreement that is still standard made unilaterally by business actors in this case, is banking where consumers have to submit and comply with the agreement there are standards clauses contained in a contract in the future making the consumer's position disadvantaged so that The situation possessed by debtors and creditors or business actors and consumers is not equal. This legal situation makes consumer protection law take many roles against violations or unlawful acts committed by debtors or, in this case, business actors. Legal protection for consumers in Indonesia is regulated in Law Number 8 of 1999 concerning Consumer Protection and Renewal in Law Number 4 of 2023. This study aims to analyze the extent to which standard clauses in banking credit agreements affect consumer rights and how the implementation of consumer law protection in Indonesia. The research method used is juridical normative with a qualitative approach. The results showed that although standard clauses aim for efficiency, they often contain unbalanced provisions that harm consumers. Therefore, tighter supervision and clear regulation are needed to ensure better consumer legal protection in banking credit agreements.
LEGAL PROTECTION FOR WOMEN WORKERS IN INDONESIA: A CRITICAL REVIEW OF LAW APPLICATION Prasetyo, Dedy Ardian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5233

Abstract

When compared to their male counterparts, female workers frequently experience discrimination in labor rights concerns pertaining to their protection, particularly in areas of reproductive function, pay, and positions. The purpose of this study is to examine the laws intended to safeguard Indonesian women workers' rights. Normative legal research is the methodology used in this investigation. Law Number 6 of 2023 Article 153 and Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2023 are the main sources of data for this study. According to the study's findings, women workers have not yet received the best protection possible under Law No. 6 of 2023 and the Ministerial Regulation of PA No. 1 of 2023. The requirement for workers to learn more about the relevant legislation is the reason for the low implementation of these policies. According to the same report, a large number of female employees need to be aware of the laws obliging businesses to offer maternity leave. Furthermore, the provision of shelter houses for female employees in the workplace is governed by the Ministerial Regulation of PPPA No. 1 of 2023. Only 72 businesses will be dedicated to offering RP3 across Indonesia in 2023. DKI Jakarta, Bogor, Bekasi, Subang, Riau Islands, South Sumatra, Banten, and East Java are among the regions that have adopted RP3. Despite the implementation of Law No. 6 of 2023 and Ministerial Regulation No. 1 of 2023, not all Indonesian women workers are aware of or able to utilize their current protection rights.
The Evolution of Labour Protection Legislation Following the Enactment of the Labour Creation Act Arya Bagiastra; Zulkarnain Sitompul; Dedy Ardian Prasetyo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1687

Abstract

This paper examines the development of labour protection laws in Indonesia following the implementation of the Labour Creation Act No. 11 Year 2020. This research is motivated by the controversy and dispute that emerged due to the changes in employment regulation introduced by the law. The new provisions in this law are believed to have negative effects on workers in terms of their pay, working hours, and termination conditions, as compared to the level of protection offered by the Employment Act No. 13 of 2003. This study aims to explore how the legal protection for workers can be maximized following the implementation of the Labour Creation Act. Additionally, it seeks to determine whether joint employment agreements can effectively remedy any deficiencies in the existing legislation. This study employs normative legal research methods, including approaches such as the analysis of legislative regulations, literature review, and case studies. Data is gathered by examining documents and then examined using qualitative methods to determine the effects of regulatory changes on labour protection. Additionally, potential solutions are identified through the use of joint employment agreements. The research findings indicate that the Labour Creation Act generates controversy and conflict between workers and entrepreneurs, particularly on the curtailment of workers' rights. The primary finding of this study is that a collabourative agreement, established in accordance with Article 1338 of the Convention along with Article 1320 of this Convention, can serve as a potent mechanism to rectify the deficiencies in the Creation of Works Act. Nevertheless, a robust and proactive labour union is necessary to guarantee that the agreement offers sufficient safeguards for workers. Hence, enhancing the influence of labour unions and promoting equitable bargaining processes are crucial in attaining a harmonious equilibrium between employers' interests and the safeguarding of workers' rights.