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All Journal Kanun: Jurnal Ilmu Hukum Journal of Islamic Business Law
Nurul Ula Ulya
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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OPTIMIZING THE ROLE OF SiPENA AS AN INTEGRATED DISPUTE RESOLUTION FOR DIGITAL ECONOMY IN INDONESIA Reka Dewantara; Sukarmi Sukarmi; Nurul Ula Ulya
Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i1.24527

Abstract

Start-ups (e-commerce and financial technology) and direct commerce activities for goods and services through social media such as Instagram and Facebook are the prime actors as well as major contributors in the success potential of digital economy. Yet, there is a serious unsolved problem in activities of digital economy, with the non-existence of an integrated mechanism of dispute resolution in all sectors of digital economy. This is also muddled by overlapping regulations, as in the case of Government Regulation 80 of 2019 on Commerce through Electronic Systems (PP PMSE) that delegates compensation to the Trade Ministry, while the Law on Consumer Protection delegates compensation to the BPSK. Further, PP PMSE has not yet accommodated mechanisms of compensation and sanctions. The recommendation of this research is the optimization of the role of SiPENA as an integrated system for the resolution of disputes of digital economy in all sectors in the non-litigation path and its integration with E-Court in the litigation path.
PEER TO PEER LENDING ON FINANCIAL TECHNOLOGY UNDER PERSPECTIVE POSITIVE LAW AND ISLAMIC LAW Nurul Ula Ulya
Journal of Islamic Business Law Vol 2 No 1 (2018): Journal of Islamic Bussiness Law
Publisher : Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

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Abstract

Peer to Peer lending is a platform on financial technology that brings together creditors and debtors with online system. Financial technology is an innovation financial services that use the technology. The aims of this research is to find positive law perspective and Islamic legal perspective considering the existence of peer to peer lending products and the high risks that arised from lending with this platform. This research uses normative juridical method, with conceptual approach and statute approach. The analysis used is descriptive and summarized in inductive way that explained the result from special to general. The result obtained from this research are the regulation of peer to peer lending still not comprehensive because ithas needed some regulations in Civil Code, OJK Regulation number 77/2016, ITE law and Customer Protection law. While OJK regulation as a main regulation still contains many shortcomings and did’nt cover a legal certainty and justice yet. In Islamic law perspective peer to peer lending is allowed but must be obliged sharia terms
Co-Authors Reka Dewantara Sukarmi Sukarmi