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All Journal Unes Law Review Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Wibiantoro, Donny Yuhendra
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Legal Protection for Borrowers for Agreements with Standard Clauses on Implementation Fintech Lending Wibiantoro, Donny Yuhendra; Mahanani, Anajang Esri Edhi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.784

Abstract

The purpose of this study is to explore legal protection for loan recipients for agreements with standard clauses in implementationfintech. The research method is normative juridical, with a statutory and conceptual approach. The results of the study show that legal protection in standard agreements shows that it has not been realized properly, this is because there are principlestake it or leave it which then set aside the legal norm in the form of the principle of freedom of contract. Besides, there is no embodiment of the principle of consumer protectionfintech lending, namely transparency and complaint service mechanisms. The legal remedies in the agreement tend to prioritize repressive efforts and override preventive measures by not providing education about the complaint mechanism. which leads to injustice for the recipient of the loan.   Keywords: Legal Protection, Fintech Lending, Standard Agreement.
Kedudukan Prinsip Imparsialitas atas Gugatan Vexatious dalam Penegakan Hukum pada Proses Mediasi Anggriawan, Teddy Prima; Wardhani, Shinfani Kartika; Wibiantoro, Donny Yuhendra
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1633

Abstract

Impartiality is basically a principle that is applied to the mediation process, where the mediator is obliged to apply this principle without taking sides with either party. However, as development continues to progress, it is found that there are parties who actually litigate issues based on bad faith. This is usually called a vexational lawsuit, which is filed by a party with the sole aim of annoying the opposing party. Based on this, it is then worth exploring the position of the principle of impartiality by mediators in the mediation process when faced with filing a lawsuit which is indicated to be a vexatious lawsuit which could of course end up harming one of the parties. The type of research used is normative juridical. The approach is towards statutory regulations and legal concepts. The research results found that the principle of impartiality is a basic principle that must be applied by mediators in the mediation process. The indication that there is a vexatious claim does not actually constitute the mediator's authority to assess further to side with one of the parties. The mediator only focuses on reconciling the parties. The position of the principle of impartiality must therefore still be upheld, because it is a standard concept in civil law which is related to the realization of legal certainty.
Kedudukan Prinsip Imparsialitas atas Gugatan Vexatious dalam Penegakan Hukum pada Proses Mediasi Anggriawan, Teddy Prima; Wardhani, Shinfani Kartika; Wibiantoro, Donny Yuhendra
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1633

Abstract

Impartiality is basically a principle that is applied to the mediation process, where the mediator is obliged to apply this principle without taking sides with either party. However, as development continues to progress, it is found that there are parties who actually litigate issues based on bad faith. This is usually called a vexational lawsuit, which is filed by a party with the sole aim of annoying the opposing party. Based on this, it is then worth exploring the position of the principle of impartiality by mediators in the mediation process when faced with filing a lawsuit which is indicated to be a vexatious lawsuit which could of course end up harming one of the parties. The type of research used is normative juridical. The approach is towards statutory regulations and legal concepts. The research results found that the principle of impartiality is a basic principle that must be applied by mediators in the mediation process. The indication that there is a vexatious claim does not actually constitute the mediator's authority to assess further to side with one of the parties. The mediator only focuses on reconciling the parties. The position of the principle of impartiality must therefore still be upheld, because it is a standard concept in civil law which is related to the realization of legal certainty.
Co-Authors Anggriawan, Teddy Prima Mahanani, Anajang Esri Edhi Wardhani, Shinfani Kartika