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All Journal Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Advocacy and Legal Services
Woodward, John
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Imperfect Information of Bankers Clause in Credit Agreements in Banking Institutions: Further Legal Impact Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Hardiago, David; Woodward, John
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.76529

Abstract

Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.
Beyond Confidentiality: Advocates’ Reporting Duties in the War Against Money Laundering Adinda, Fadhel Arjuna; Rahmawati, Ema; Suparman, Eman; Sutiyoso, Bambang; Hamzah, Rosyidi; Woodward, John
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.21893

Abstract

The Principle of Recognizing Service Users (Prinsip Mengenali Pengguna Jasa, PMPJ), as outlined in Article 3 of Government Regulation No. 61 of 2021 concerning Amendments to Government Regulation No. 43 of 2015 on Whistleblowers in the Prevention and Eradication of Money Laundering Crimes, underscores the role of advocates as mandatory whistleblowers. This creates legal challenges regarding its implementation, resulting in a dialectical tension with the central argument that while PMPJ obligations are firmly grounded in normative legal frameworks, advocates—who are explicitly required to uphold these provisions—find no compelling legal basis for such duties in Law No. 18 of 2003 on Advocates (the Advocate Law). The principle of Lex Superior Derogat Legi Inferior further complicates this issue, as it suggests that the Advocate Law, being of a higher legal order, supersedes the obligations imposed by PMPJ. The primary objective of this study is to critically analyze the implementation of PMPJ, specifically focusing on the supporting and inhibiting factors in the context of preventing and combating money laundering crimes. The findings highlight that the failure to optimally implement PMPJ within the advocate profession is largely due to the unresolved legal dialectic surrounding the obligations of advocates. This issue has not been addressed in prior studies, representing a novel contribution of this research. Consequently, this study proposes the need for a reformulation of the Advocate Law, emphasizing the explicit inclusion of advocates' obligations regarding the implementation of PMPJ principles.
Indonesia’s Online Loan Challenges: What Legal Actions Can Solve the Most Pressing Issues? Admiral, Admiral; Suparto, Suparto; Kurniasih, Esy; Afriani, Selvi; Woodward, John; Adinda, Fadhel Arjuna
Jurnal Pengabdian Hukum Indonesia Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.21959

Abstract

The rapid growth of online lending platforms in Indonesia has introduced significant challenges, particularly regarding predatory lending practices, lack of consumer awareness, and insufficient regulatory oversight. These challenges have raised concerns about consumer protection, the exploitation of borrowers, and the need for stronger legal frameworks to ensure fair and transparent lending practices. This paper explores the key legal and regulatory actions necessary to address these pressing issues. It examines the role of Indonesia's Financial Services Authority (OJK) in regulating online lenders and proposes potential improvements in licensing, supervision, and enforcement. The paper also suggests the introduction of clearer lending standards, such as interest rate caps and transparent fee structures, alongside stronger consumer protection laws to prevent harassment and over-indebtedness. Data privacy and security concerns are addressed, with a call for more robust protections around borrower data. Additionally, the paper advocates for financial literacy programs to empower borrowers with the knowledge to make informed decisions. The research contributes to the existing body of knowledge by providing an in-depth analysis of the legal gaps within Indonesia’s online lending market, offering comparative insights from other countries like India and the Philippines, and proposing actionable legal solutions. It also emphasizes the importance of integrating technology into the regulatory process to enhance oversight and consumer protection. Ultimately, this study aims to inform policymakers, regulators, and stakeholders in Indonesia’s fintech industry about the necessary legal reforms to create a more transparent, equitable, and secure online lending environment.
Co-Authors A Admiral Adinda, Fadhel Arjuna Afriani, Selvi Bambang Sutiyoso David Hardiago Ema Rahmawati Eman Suparman Hamzah, Rosyidi Kurniasih, Esy Suparto Suparto