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dewa gede pradnyana yustiawan
Universitas Udayana
Law, Crime, Criminology & Criminal Justice

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Keabsahan Kontrak Secara Elektronik Sebagai Alat Pembuktian Di Tinjau secara Hukum Perdata Ni Luh Putu Sudarini; dewa gede pradnyana yustiawan
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1136

Abstract

Decision of the Constitutional Court Number 20/PUU-XIV/2016 states a lawsuit if civil procedural law applies to evidence. This is because there are differences in the law of proof with civil and criminal procedural law and considering the validity of evidence as a matter of procedural law also affects the legality of making documents, especially with electronic documents. Based on this description, the researcher makes several notes, especially regarding the certainty of an electronic contract law in Indonesia and the legality of e-contracts as evidence from a civil law point of view. The research results form the basis of legal certainty for electronic contracts in Indonesia based on article 5 of Law No. November 2008 concerning information and electronic transactions stipulated by the Constitutional Court Decision No. 20/PUU-XIV/2016, still based on the legality of electronic contracts used as evidence from a civil law perspective sourced from the decision of the Constitutional Court 20/PUU-XIV/2016 and provisions related to contracts in general are contained in the Civil Code.
Peer To Peer Lending : Hubungan Hukum Para Pihak Dan Perlindungan Hukum Apabila Gagal Bayar Hugo Fernando Felix; Dewa Gede Pradnyana Yustiawan
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1201

Abstract

The aim of this publication is to clarify the legal relationship between parties involved in peer-to-peer lending as well as legal protection in the event of default. This research uses a method known as normative legal research or library law research, where secondary data or library materials are used as source material. In addition, this page explains in general the P2P lending model, rules, P2P lending arrangements in Indonesia, and consumer legal protection. Based on this research, it is known that the parties involved in P2P lending have power relations, loan agreements, and cooperation agreements. Depending on the cause of default, the lender or P2P Lending provider may be liable for default risk. Although illegal P2P lending is not subject to OJK regulations, legal P2P lending businesses are regulated by the Financial Services Authority (OJK) and must comply with OJK regulations. Subjective terms are violated by loan agreements signed through illegal P2P Lending, allowing requests for cancellation in court.
Co-Authors Hugo Fernando Felix Ni Luh Putu Sudarini