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Pertanggungjawaban Hukum Para Pihak Perjanjian Elektronik P2P Lending dalam Kasus Pembobolan Dana Kredit Shopee Paylater Belva Rajendra; Kukuh Tejomurti
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1510

Abstract

The development of technology-based peer-to-peer financing services (LPBBTI) in Indonesia, including platforms like Shopee Paylater, has facilitated easier access to credit. However, this progress is accompanied by cybersecurity risks, such as unauthorized use and account breaches. This study aimed to (1) analyze the operation of LPBBTI under prevailing regulations, and (2) examine the legal liability of parties in cases of Shopee Paylater credit breaches.The study employed a normative legal approach with prescriptive characteristics, combining statutory, conceptual, and case-based analyses. Primary and secondary legal materials were obtained through literature review of Law No. 8 of 1999, POJK No. 10 of 2022, POJK No. 40 of 2024, and personal data protection regulations. The analysis was conducted descriptively and qualitatively. The findings indicate that, despite OJK regulations, Shopee Paylater’s electronic agreements still contain standard clauses that unilaterally shift all account security risks to users. This practice potentially violates Article 18(1)(a) of the Consumer Protection Law and is void under Article 18(3). Consequently, consumers remain liable for payments even if transactions are conducted illegally by third parties. In line with Article 19 of the Consumer Protection Law, service providers should assume liability, as system security is under their control.
ENSURING LEGAL PROTECTION FOR NOTARIES IN THE REPORTING OF SUSPECTED MONEY LAUNDERING ACTIVITIES Gabriella Irma Monica Siringo Ringo; Kukuh Tejomurti; Sasmini
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7707

Abstract

The objective of this study is to examine the legal protection afforded to Notaries as reporting parties and the reporting obligation of Notaries in money laundering cases. The context of this research is the conflict between the Notary's obligation to maintain the confidentiality of client information in accordance with notary law and the obligation to report suspicious financial transactions to prevent and combat money laundering. This conflict generates legal uncertainty regarding the boundaries of a Notary's accountability and the legal safeguards that are available to them when they fulfil their reporting obligations. The urgency of this study is derived from the necessity of more defined legal regulations to guarantee legal certainty and protection for Notaries while simultaneously bolstering efforts to combat money laundering. This investigation implements a normative juridical methodology that incorporates conceptual and statutory methodologies. The findings indicate that the regulations necessitating Notaries to submit reports must be prioritised through the application of the lex specialis derogat legi generali principle. Consequently, Notaries who report in good faith and adhere to the relevant legal procedures are entitled to legal protection.