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All Journal Pembaharuan Hukum Al-Bayyinah
Yusriando Yusriando, Yusriando
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Religion Law, Crime, Criminology & Criminal Justice

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Role of the Financial Service Authority of the Republic of Indonesia in Determining Financial Technology Crime as Bijzondere Toestanden Suseno, Jarot Jati Bagus; Mahita Paksi, Tutut Ferdiana; Yusriando, Yusriando
Al-Bayyinah Vol 8, No 1 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i1.6281

Abstract

Changes in civilization through information technology have also brought changes to the world of financial administration, including fund lending institutions. The change is demonstrated by the presence of financial technology (fintech). The progress of the digital financial world, including fintech institutions in the country, needs to be balanced with adequate legal policies regarding implementing online lending by fintech. This has given rise to various problems, including criminal matters through fraud and threats from fintech institutions and online loans. Regarding this, the Financial Services Authority of the Republic of Indonesia (OJK), the authorized institution for handling fintech issues that lead to criminal matters, is not yet optimal. This doctrinal method article aims to discuss topics related to the urgency of the role of the Financial Services Authority in handling fintech crimes. Based on existing studies, the OJK, the party responsible for fintech criminal matters, has been unable to supervise and protect fintech users. This is the basis for the need to create a formulation regarding supervision and action through criminal law, specifically against fintech institutions that are illegal and commit actual unlawful acts, where the law enforcement agency is the OJK, which partners with law enforcement agencies in the context of state primary constitutional organs and enforcement agencies which has the status of a state auxiliary organ.
Civil Law Analysis of Misbruik Van Omstandigheden in Hospital Refusal of Economically Weak Patients Yusriando, Yusriando; Gunarto, Gunarto; Suseno, Jarot Jati Bagus; Yuliati, Sri
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46314

Abstract

Hospitals in Indonesia, as mandated by the 1945 Constitution and health law policies, are required to provide equitable healthcare services to all citizens, including economically disadvantaged groups. However, frequent cases of hospital rejections against poor patients due to inability to pay reveal a gap between constitutional guarantees and practice. Such acts constitute misbruik van omstandigheden (abuse of circumstances), where hospitals exploit patients' positions vulnerable in therapeutic agreements and informed consent. The objectives of this research are threefold: first, to analyze the practice of misbruik van omstandigheden in medical contracts between hospitals and poor patients; second, to assess the form of legal responsibility of hospitals in cases of denial or neglect, and third, to formulate recommendations to strengthen the protection of poor patients' rights through regulatory reforms and effective sanctions. This study employs a doctrinal research method with a normative legal approach, supported by empirical case studies. Primary sources include the 1945 Constitution, Law Number 36/2009, Law Number 17/2023, and the Civil Code, complemented by Islamic legal principles (maqashid al-Shariah). The findings show that hospital rejections violate civil law, constitutional mandates, and ethical obligations.
Co-Authors Gunarto Gunarto Mahita Paksi, Tutut Ferdiana Sri Yuliati Suseno, Jarot Jati Bagus