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All Journal NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Causa: Jurnal Hukum dan Kewarganegaraan
Shely, Shely
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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IMPLEMENTATION OF THE PRINCIPLE OF BALANCE IN INCLUDING STANDARD CLAUSES IN BANK CREDIT AGREEMENTS Shely, Shely; Sri Astutik
Causa: Jurnal Hukum dan Kewarganegaraan Vol. 2 No. 1 (2023): Causa: Jurnal Hukum dan Kewarganegaraan
Publisher : Cahaya Ilmu Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3783/causa.v2i1.1677

Abstract

In the context of consumer protection, the role of the principle of balance in a bank credit agreement is crucial. This principle emphasizes the need for equal and balanced positions of the parties involved, particularly the Business Entity (Creditor) and the Consumer (Debtor). However, in practice, cases are often found where there is an imbalance between the Creditor and Debtor. The Credit Agreement is prepared by the Creditor and contains standard clauses and stipulations of standard regulations that will be agreed upon together while still considering the principle of balance in the positions of both the Creditor and Debtor. The research aimed to know, understand, and analyze the legal aspects of consumer protection, with a specific focus on the implementation of the principle of balance in a credit agreement. The research methodology employed was doctrinal legal research, using legislative and conceptual approaches. The research findings revealed that certain provisions in the bank credit agreement did not adhere to the elements of the principle of balance, resulting in the bank appearing to dominate and exert pressure on the other party. Therefore, a credit agreement should not only apply the principle of balance, but also consider the principles of benefit, justice, and legal certainty for all parties involved.
THE SINKING OF FOREIGN FISHING VESSELS THAT COMMIT ILLEGAL FISHING IN INDONESIAN SEA TERRITORY IN REVIEW OF THE 2012 MEMORANDUM OF UNDERSTANDING Shely, Shely; Imelda Cornelis, Vieta; Marwiyah, Siti; Widodo, Ernu
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 11, No 4 (2024): NUSANTARA : Jurnal Ilmu Pengetahuan Sosial
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v11i4.2024.1321-1330

Abstract

Indonesia has a vast territory, most of which consists of the sea. Indonesia's strength lies in its natural resources, particularly the abundant marine resources, especially in incredibly diverse fisheries. With the many benefits received by the Indonesian nation, it also brings issues such as limited surveillance capabilities at sea and Indonesia's strategically located territory that can provide opportunities for the exploitation of marine resources by irresponsible parties, particularly the most frequent criminal activity, which is illegal fishing by foreign parties, resulting in significant losses for the country. The problem statement encompasses two aspects for examination: firstly, whether Indonesia's act of sinking Malaysian-flagged vessels can be justified based on the 2012 Memorandum of Understanding between Indonesia and Malaysia; secondly, the legal efforts Indonesia must undertake to defend its territorial sovereignty from illegal fishing activities by foreign fishing vessels. The research method used was normative legal research, examining from the perspective of positive law. The research findings reveal discrepancies in Indonesia's actions of sinking Malaysian-flagged vessels based on the 2012 Memorandum of Understanding. Consequently, Indonesia has fulfilled its obligations as stipulated in the Fisheries Law. However, this fulfillment of obligations occurred without prior investigation into the previously agreed bilateral agreements.
THE SINKING OF FOREIGN FISHING VESSELS THAT COMMIT ILLEGAL FISHING IN INDONESIAN SEA TERRITORY IN REVIEW OF THE 2012 MEMORANDUM OF UNDERSTANDING Shely, Shely; Imelda Cornelis, Vieta; Marwiyah, Siti; Widodo, Ernu
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 11, No 4 (2024): NUSANTARA : Jurnal Ilmu Pengetahuan Sosial
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v11i4.2024.1321-1330

Abstract

Indonesia has a vast territory, most of which consists of the sea. Indonesia's strength lies in its natural resources, particularly the abundant marine resources, especially in incredibly diverse fisheries. With the many benefits received by the Indonesian nation, it also brings issues such as limited surveillance capabilities at sea and Indonesia's strategically located territory that can provide opportunities for the exploitation of marine resources by irresponsible parties, particularly the most frequent criminal activity, which is illegal fishing by foreign parties, resulting in significant losses for the country. The problem statement encompasses two aspects for examination: firstly, whether Indonesia's act of sinking Malaysian-flagged vessels can be justified based on the 2012 Memorandum of Understanding between Indonesia and Malaysia; secondly, the legal efforts Indonesia must undertake to defend its territorial sovereignty from illegal fishing activities by foreign fishing vessels. The research method used was normative legal research, examining from the perspective of positive law. The research findings reveal discrepancies in Indonesia's actions of sinking Malaysian-flagged vessels based on the 2012 Memorandum of Understanding. Consequently, Indonesia has fulfilled its obligations as stipulated in the Fisheries Law. However, this fulfillment of obligations occurred without prior investigation into the previously agreed bilateral agreements.
Co-Authors Ernu Widodo, Ernu Imelda Cornelis, Vieta Siti Marwiyah Sri Astutik