Claim Missing Document
Check
Articles

Found 3 Documents
Search

Legal Protection in Consumer Dispute Resolution: Independence of the Financial Services Authority (OJK) Abdillah, Riad; Sjaifurrachman, Sjaifurrachman; Prakoso, Abintoro; Dwi Hastri, Evi
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.87

Abstract

The progress of the national economy is influenced by financial services. The Financial Services Authority (OJK) as an independent institution that is responsible and plays an important role in supervising and regulating management in the financial services sector, is committed to providing legal protection guarantees for consumer rights. The normative legal research method using a statutory approach and this concept approach shows the results that the Financial Services Authority (OJK) has used the concept of Alternative Dispute Resolution (ADR) as part of pseudo/quasi by establishing an Alternative Dispute Resolution Institution based on OJK Regulation Number 61/POJK.07/2020 of 2020 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector as a follow-up step taken to provide legal protection to consumers in the financial services sector in regulating and resolving disputes or complaints. In addition, the independence of the Financial Services Authority (OJK) has guaranteed in protecting consumers in the financial services sector with the issuance of OJK Regulation Number 6/POJK.07/2022 of 2022 concerning Consumer and Public Protection in the Financial Services Sector.
Maladministration Law Enforcement: The Authority of the Ombudsman in a Fair Public Service Dispute Resolution Mechanism Yasid, Akhmadi; Poesoko, Herowati; Dwi Hastri, Evi
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.88

Abstract

Maladministration law enforcement is a crucial issue in realizing excellent public services. The Ombudsman, as an independent institution, plays an important role in resolving public service disputes efficiently and fairly. Law of the Republic of Indonesia Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia in Article 26 Paragraph (2) point a triggers a vague norm that illustrates that the Ombudsman is not based on definite considerations and can be measured based on the theory of legal certainty. So that this will trigger articles that have the potential to abuse authority in the organ of the Ombudsman of the Republic of Indonesia (ORI). This type of research is normative juridical with a statutory approach and a concept approach, resulting in the fact that the Ombudsman of the Republic of Indonesia (ORI) has broad authority in handling public service disputes, including in cases of maladministration. Namely those that are not in accordance with the principles of good governance, including abuse of authority, negligence, discrimination, delay, and other actions that can harm the community. Law enforcement against maladministration can be carried out if there is legal certainty in determining the status of examinations that can be continued or not based on the concept of good governance so as to create justice.
Pendekatan Politik Hukum dalam Resolusi Konflik Teritorial Indonesia-Malaysia: Analisis Keterlibatan PBB dan ASEAN Nizar, Rahadian Nizar Akbari; Dwi Hastri, Evi
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17861

Abstract

The territorial conflict between Indonesia and Malaysia has been a long-standing debate since the colonial era. One of the most contested areas between the two countries is Sipadan and Ligitan Islands on the border of the Sulu Sea. This territorial conflict arose in 1969 when Malaysia enacted the Maritime Zones Act which claimed the two islands as part of its territory. Indonesia did not recognize this claim and since then there has been tension between the two countries. This legal issue is about how the territorial conflict between Indonesia and Malaysia can be resolved through a political-legal approach involving international organizations such as the UN and ASEAN. The problem in this article is What is the political and legal strategy for resolving territorial disputes between Indonesia and Malaysia involving the UN and ASEAN Organizations? The aim of this research is to identify and analyze legal political strategies that can be used to resolve territorial disputes between Indonesia and Malaysia involving the UN Organization and ASEAN. The method used is the normative legal research method, because the normative legal research method is to analyze how the territorial conflict between Indonesia and Malaysia can be resolved through a legal political approach. The research results for this purpose are that a legal political strategy involving the UN and ASEAN Organizations can be a solution which is effective in resolving territorial disputes between Indonesia and Malaysia.