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All Journal ALWAQFU Jurnal Hukum Ekonomi dan Wakaf Tabayyun : Journal of Islamic Studies ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Handro Kurnia Sitorus
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Journal : ISNU Nine-Star Multidisciplinary Journal (INS9MJ)

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Civil Law Aspects of Crypto Investment Dispute Resolution Through Arbitration and Litigation Handro Kurnia Sitorus; Ahyar Dinda Alamsyah Harahap; Abdul Latif; Aripa Syawalia; Syifa Arinda
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.924

Abstract

Digital transformation in the financial sector has given birth to new investment instruments in the form of crypto assets based on blockchain technology. Despite its great potential, crypto investment also gives rise to various civil disputes between investors and service provider platforms. Such disputes are often caused by defaults, unlawful acts, or losses due to digital system failures, which have not been specifically regulated in national law. This research aims to identify the form of civil law relationships in crypto transactions, examine the types of disputes that arise, and evaluate the effectiveness of two dispute resolution mechanisms, namely arbitration and litigation. The method used is a normative juridical approach through literature studies that include laws and regulations, scientific literature, as well as court and arbitration decisions. The results of the study show that arbitration has advantages in terms of efficiency and flexibility, but faces obstacles in enforcing cross-jurisdictional awards. In contrast, litigation provides stronger formal legal guarantees, but tends to be slow and less adaptive to technological aspects. The main obstacles faced are the absence of substantive regulations, limitations in digital proof, and low technical literacy of legal apparatus. Therefore, regulatory reform and institutional capacity strengthening are needed to ensure equal legal protection for crypto investors in Indonesia.
The Effectiveness of OJK Supervision on Insurance Companies in Default: A Case Study of Jiwasraya Handro Kurnia Sitorus; Fatima Panggabean; Mutiara Khalishah; Naufal Akbar
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.937

Abstract

The supervision of the Financial Services Authority (OJK) over insurance companies is an important aspect in order to maintain financial sector stability, protect customer interests, and maintain public trust. This study aims to analyze the effectiveness of OJK supervision on insurance companies, the causes of OJK's failure to supervise Jiwasraya, and reform efforts that can be implemented for future improvements. The method used is qualitative with a normative juridical approach, namely examining laws and regulations, OJK reports, Jiwasraya financial statements, and other relevant literature. Data collection was carried out through literature studies and analyzed qualitatively-descriptively. The results of the study show that the effectiveness of OJK supervision is still low due to the weakness of Jiwasraya's governance, the limited capacity and authority of the OJK, and external influences that make it difficult for the OJK to act decisively and independently. Supervision still relies on internal reports and detects problems late, so that Jiwasraya's problems accumulate and become a crisis. In its reform efforts, the OJK needs to improve its capacity, technology, and supervisory approach, encourage more transparent governance of insurance companies, and maintain its independence for the sake of creating stability, trust, and customer protection. This research is expected to be an important input for the improvement of Indonesian insurance regulations and supervision.  
Co-Authors Abdul Latif Ahmad Mufti Farid Nababan Ahyar Dinda Alamsyah Harahap Alwi Setiawati Aripa Syawalia Balqis Vifania Fatima Panggabean Muhammad Yasir Muhammad Yasir Arifin Putra Nasution Mutiara Khalishah Nabila Mahrani Naufal akbar Syifa Arinda