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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum KRTHA BHAYANGKARA Jurnal Hukum Sasana Abdi Bhara: Jurnal Pengabdian Kepada Masyarakat INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Gatot Efrianto
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Trends in Cyber Dispute Resolution Through Mediation sabela Gayo; Gatot Efrianto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6528

Abstract

The development of Information Technology has encouraged the emergence of various disputes in cyberspace (cyber disputes), which have different characteristics from conventional disputes. Cyber disputes require an efficient, fast, and effective resolution mechanism. Mediation as an Alternative Dispute Resolution (ADR) method is a relevant solution because it is flexible, private, and efficient. This paper aims to examine the urgency of the use of mediation in cyber dispute resolution as well as the challenges and opportunities of its application in Indonesia. By using normative-juridical methods and conceptual approaches, this paper outlines the potential of online mediation (Online Dispute Resolution) supported by Information Technology in providing equal justice and easy access for the parties
Murabahah Contract for Motor Vehicle Financing at CIMB Niaga Auto Finance (CNAF): Perspective on Sharia Banking Law Sawitri Yuli Hartati S.; Buldani Ridha; Dewi Nadya Maharani; Gatot Efrianto; Setiyono
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4636

Abstract

Normatively, the motor vehicle financing agreement at CIMB Niaga Auto Finance (CNAF) already has a strong legal basis. The murabahah contract used has been recognised as valid by DSN-MUI Fatwa Number 4 of 2000 concerning Murabahah and further strengthened by the Compilation of Islamic Economic Law (KHEIS), as well as by Law Number 21 of 2008 concerning Sharia Banking. This affords dual legitimacy, deriving from both sharia law and positive Indonesian law. However, there are discrepancies; the existence of this dishonesty can give rise to an element of gharar (ambiguity) and is contrary to the Fatwa of DSN-MUI and KHEIS, which require information disclosure to avoid prohibited practices. In reality, the settlement of financing disputes at CNAF also shows incompatibility with Sharia principles. The use of the Civil Code as a legal basis for dispute resolution, including the application of late fines, is inconsistent with the DSN-MUI Fatwa. Thus, the existence of a penalty clause and a choice of civil law in the CNAF agreement is normatively contrary to the principles of justice and Sharia compliance. Therefore, improvements are needed to the agreement clauses to align them with the applicable principles and fatwas. This research employs two approaches: a normative juridical and an empirical approach. The normative juridical approach is carried out deductively, focusing on the analysis of relevant laws and regulations. This research falls within the category of literature studies that rely on secondary data.
Co-Authors Abraham Quadan Alya Nawa Chandra Anggreany Haryani Putri Audy Pramudya Tama Buldani Ridha Dewi Nadya Maharani Diah Narima Ambarrini Gayo, Sabela I Dewa Gede Teguh Artawan Ika Dewi Sartika Saimima Lidya Novega Nia Tresnawaty Octo Iskandar Rahman Amin Rahmat Saputra Reza Ami Putra Sawitri Yuli Hartati S. setiyono