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All Journal Syariah: Jurnal Hukum dan Pemikiran Cangkal : Jurnal Ilmu Sosial dan Humaniora
Wahyu Utami
Universitas Achmad Yani Banjarmasin
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERLINDUNGAN HUKUM KONSUMEN DALAM TRANSAKSI FINANCIAL TECHNOLOGY (FINTECH) Wahyu Utami
Cangkal : Jurnal Ilmu Sosial Dan Humaniora Vol. 1 No. 2 (2025): November - April 2026
Publisher : Yayasan Pendidikan Literasi Borneo

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Abstract

The rapid development of financial technology (fintech) has significantly transformed the financial services sector, while simultaneously raising various legal issues, particularly regarding consumer protection. This study aims to analyze the legal protection of consumers in fintech transactions in Indonesia. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that consumer protection in fintech transactions has been normatively regulated through the Consumer Protection Law and regulations issued by the Financial Services Authority. However, in practice, several challenges remain, including weak supervision, unfair standard clauses, and low levels of consumer legal literacy. Therefore, strengthening regulatory frameworks and effective law enforcement is essential to ensure adequate consumer protection in the fintech sector.
Reconstructing Indonesia's Bipartite Labor Dispute Resolution through Customary Bedamai: A Legal Pluralism Perspective Wahyu Utami; Yogabakti Adipradana Setiawan
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20627

Abstract

The formal bipartite mechanism in Indonesia's labor dispute resolution, governed by Law No. 2 of 2004, is characterized by rigidity, adversarial dynamics, and a frequent lack of good faith, creating a systemic bottleneck in industrial relations that undermines both worker welfare and enterprise productivity. Integrating the customary Bedamai approach, rooted in Banjar adat traditions, offers a restorative, consensus-driven solution to this persistent controversy. Through the analytical lens of legal pluralism, a critical gap exists between the positivist state labor law framework and the sociological need for harmonious, culturally resonant dispute resolution mechanisms that reflect Indonesia's diverse legal traditions. This study aims to reconstruct the formal bipartite mechanism by integrating the bedamai customary approach to achieve more effective and harmonious dispute settlements that honor both statutory requirements and indigenous values. The research employs a purely normative legal method utilizing statutory, conceptual, and cultural approaches, analyzing primary and secondary legal materials without empirical fieldwork, thereby focusing on doctrinal analysis and legal reconstruction. The findings reveal that bedamai fundamentally shifts the paradigm from adversarial rights-claiming to restorative relationship-building, emphasizing communal harmony over individual victory. A reconstructed "Bipartite-bedamai Integration Model" is formulated, embedding customary consensus-building and community facilitation into the statutory negotiation phase while maintaining legal enforceability. The study concludes that legal pluralism must move beyond sociological observation toward normative integration, recommending specific amendments to Law No. 2 of 2004 to formally recognize customary mechanisms as a valid, parallel, or preliminary bipartite process
Co-Authors Yogabakti Adipradana Setiawan