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All Journal LAW REVIEW Pembaharuan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Asian Journal of Management, Entrepreneurship and Social Science
Jonker Sihombing
Faculty Of Law, Universitas Pelita Harapan, Indonesia
Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Aspek Hukum Kartu Kredit dan Dilema Penagihannya Sihombing, Jonker
LAW REVIEW Vol 11, No 2 (2011)
Publisher : Pelita Harapan University

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Abstract

Credit card is used by holder or consumer to pay bills or to withdraw money in case of needs. In order to get a credit card, consumer should file an application to the issuer ( usually bank ), and then issuer will give approval on it. Terms and condtions of the card is set standard and designed solely by the issuer. This standardized clause is considered as a “take it or leave it contract”, which couldn’t be avoided by holder. Act No. 8 of 1999 regarding Consumer’s Protection prohibits standardized contract if it creates harm to consumer. Bank Indonesia Regulation No. 11/11/PBI/2009 together with Bank Indonesia Circular Letter No. 11/10/DASP provide rights and obligations of the issuer in order to strengthen consumer’s protection. In many cases issuer gives the proxy to debt collector to collect over-due balance of credit card, and most of the time debt collector does the job improperly. With the recent death of credit card holder in Citibank Jakarta supposed to happen because of the guilty of debt collector, we are of the opinion that Bank Indonesia shoud review and strengthen all regulations regarding credit card business.
Legal Dımensıons Of Lendıng By Dıgıtal Banks In Indonesıa Jonker Sihombing
Asian Journal of Management, Entrepreneurship and Social Science Vol. 4 No. 02 (2024): May, Asian Journal of Management Entrepreneurship and Social Science ( AJMESC
Publisher : Cita Konsultindo Research Center

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Abstract

The existence of digital banks today is a real need amidst the development of information technology and banking services which must be able to cover all levels of society. These banking services mainly consist of credit granting to the public. This research aims to analyze the extent to which the know-your-customer principle and the prudential banking principle are implemented for digital banks in credit granting. This research is normative juridical, using secondary data comprising primary legal materials in the form of statutory regulations, and secondary legal materials in the form of books, literature and academic journals. The research results show that know-your-customer principle and prudential banking principle that apply to commercial banks also apply to digital banks. However, there are no specific regulations for digital banks that regulate those, especially for lending activities that are full of risk. The research results also show that there are disparities in the application of know-your-customer and prudential banking principles by digital banks. It is recommended for the Financial Service Authority (Otoritas Jasa Keuangan/OJK) to regulate and supervise digital bank activities more intensively, especially in credit granting.
Strengthening The Functions of Savings Guarantee Institutions for Increased Protection of Customers and Insurance Policy Holder Jonker Sihombing
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.3396

Abstract

Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector amended the provisions relating to the Deposit Insurance Corporation revised clauses related to the Deposit Insurance Corporation. Earlier clauses covered bank customer deposits, it broadened to encompass insurance policies. This research delves into understanding how roles, responsibilities, powers of the Deposit Insurance Corporation bolstered with the introduction of this Law, aiming to better safeguard depositors and insurance policyholders. Normative juridical approach forms the backbone of this research. Secondary data is the primary source of information, with primary legal documents like laws, regulations supplemented by secondary legal resources such as books, literature, academic journals. Findings indicate this Law provides depositors with assurance regarding security of their deposits in the event a bank is deemed to be resolute, deposit repayments process are more transparent. Insurance policyholders benefit as the law now clearly outlines the claim repayment.
Standard Agreements and Legal Protection Customers of Financial Service Institutions Jonker Sihombing
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

In carrying out its business activities, Financial Services Institutions carry out civil legal relations with the parties, and this is formalized in the form of a written agreement. This research analyzes how regulations are regulated in statutory regulations regarding standard agreements between customers and Financial Services Institutions and the extent of legal protection for customers of the Financial Services Institutions in question. The research carried out is normative juridical, using secondary data consisting of primary legal materials in the form of statutory regulations, supported by secondary legal materials in the form of books, literature, and legal journals. The research results show that the use of standard agreements is a common practice for Financial Services Institutions today. Not only is the standard agreement design formatted according to the interests of the Financial Services Institution as the more dominant party in the agreement, but it also contains extenuating clauses that burden other parties in the agreement. From the research results, it was concluded that customers' rights were more disadvantaged due to standard agreements made by Financial Services Institutions. In addition, standard agreements that contain exemption clauses give rise to legal consequences for customers, namely that the responsibility that should be borne by the Financial Services Institution changes to become the responsibility of the customer.
The Urgency of Forming Legislation Regarding Online Loans in Indonesia: Legal Protection Solutions for the Community Agustini, Shenti; Silalahi, Udin; Sudirman, Lu; Sihombing, Jonker; Ahmad, Faradina
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.37895

Abstract

Technological developments have an impact on the financial sector. One of the innovations that has occurred in the financial industry is regarding online loans. The regulations that apply in Indonesia relating to online loans are only regulated by financial services authority regulations and Bank Indonesia regulations. Meanwhile, online lending practices give rise to various legal issues that can no longer be resolved solely through these regulations. The research aims to analyze the urgency of establishing legislation regarding online loans. The research method used in this research is normative juridical in answering the problem formulation; a juridical and theoretical basis was used, namely the Legal Protection Theory. The research results show that the formation of a special law regarding online loans is very critical because of the widespread practice of online loans carried out by illegal institutions, which causes the rights and obligations between loan givers and recipients to be unbalanced, such as determining very high loan interest with short repayment periods, as well as personal data leaks and various other cases and other cases. Therefore, it is hoped that the establishment of this unique law can provide external legal protection.
Co-Authors Agustini, Shenti Ahmad, Faradina Jur. M. Udin Silalahi Lu Sudirman