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All Journal Rechtenstudent Journal
Fendi Setyawan
University of Jember, Indonesia

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Implementation of the Legal Justice Concept in Indonesia: Study of John Locke's Perspective Abdul Haris Alifianto; Belva Vidaloka Chrisari; Dominikus Rato; Fendi Setyawan
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i1.321

Abstract

Law serves as the fundamental cornerstone of society, crucial for maintaining order and addressing societal challenges. Within a rule of law framework, the availability of legal sources facilitates the exploration and understanding of legal principles. However, the concept of justice, inherent to human existence, remains elusive and multifaceted, defying simple translation. This study aims to delve into the essence of justice from a legal philosophical perspective. Employing a normative juridical approach, data collection includes diverse scholarly materials and legal documents. The findings underscore the significance of justice as a pivotal concept in human affairs, transcending disciplinary boundaries. Moreover, within legal philosophy, justice emerges as a guiding principle embedded in the fabric of law, grounded in righteousness, fairness, and accountability.
Legal Protection for Financial Technology Peer to Peer Lending Debtors Against Doxing Actions by Creditors Muhammad Fatoni Kurniawan; Fendi Setyawan; Dyah Ochtorina Susanti
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i3.356

Abstract

Technological advancements have increased financial access through financial technology (fintech) services, particularly peer-to-peer (P2P) lending, yet these developments also present significant risks. Illegal online lenders (pinjol) often misuse personal data and employ intimidating debt collection practices, while large-scale data breaches, such as those involving BPJS Kesehatan, Tokopedia, and Kredit Plus where 890,000 customer records were allegedly leaked and sold highlight the urgent need for effective debtor protection. This research employs a normative juridical method using statutory, conceptual, and historical approaches to examine the legal framework for debtor protection against doxing practices. The findings show that legal protection is crucial to maintaining stability, security, and user trust in fintech services. Protection mechanisms are divided into internal measures, which regulate transparency, fair treatment, confidentiality, and risk management, and external measures provided by authorities through law enforcement, administrative sanctions, and dispute resolution. Despite the existence of the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and Financial Services Authority (OJK) regulations, regulatory disharmony, weak supervision, and low public awareness hinder effective protection. Strengthening PDP Law enforcement and explicitly prohibiting doxing practices in OJK regulations are recommended.
Co-Authors Abdul Haris Alifianto Ana Laela Fatikhatul Choiriyah Belva Vidaloka Chrisari Dominikus Rato Dyah Ochtorina Susanti Muhammad Fatoni Kurniawan Muhammad Imaduddin Prakoso, Bhim