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All Journal Lex Lata: Jurnal Ilmah Ilmu Hukum Jurnal Hukum Sehasen
Saut Parulian Panjaitan
Universitas Sriwijaya
Law, Crime, Criminology & Criminal Justice

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Legal Analysis Of The Legal Nullibility Of Online Loan Agreements Based On Financial Technology (Fintech) Siti Marisa Juliama; Saut Parulian Panjaitan; M Syaifuddin
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5706

Abstract

This research aims to determine the legal nullity of fintech-based online loan agreements as well as forms of legal protection for debtors who enter into fintech-based online loan agreements. This research method uses normative legal research. This data is filtered through records in primary and secondary law, meaning studying and investigating several material materials such as journals, literature and statutory regulations. After collecting the material, then analyze the material using qualitative descriptive methods. The results of this research reveal that financial technology (Fintech)-based online agreements are invalidated if the agreement does not adhere to the basis of Article 1320 of the Civil Code and Article 47 paragraph (2) of Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions (PP PSTE). Then the form of legal protection for creditors who enter into online loan agreements based on financial technology (Fintech) consists of preventive legal protection and repressive law.
CRIMINAL AND ADMINISTRATIVE ENFORCEMENT OF INDONESIA'S BAN ON THE IMPORTATION OF USED GOODS: AN ANALYSIS OF THE TRADE LAW FRAMEWORK FOLLOWING LAW NO. 6 OF 2023 AND MINISTER OF TRADE REGULATION NO. 47 OF 2025 Munandar; Saut Parulian Panjaitan
Lex LATA Vol. 8 No. 1 (2026): MARET 2026
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/lexl.v8i1.3744

Abstract

The importation of used goods into Indonesia continues to pose legal and economic challenges despite the existence of statutory regulations prohibiting such activities. The persistence of these violations raises concerns regarding the effectiveness of criminal law enforcement under Law Number 7 of 2014 on Trade. This study aims to analyze the effectiveness of criminal law enforcement against the importation of used goods and to identify regulatory weaknesses that hinder effective enforcement. This research employs a normative legal research method using statutory, conceptual, and case approaches through the analysis of primary and secondary legal materials. The findings indicate that the existing criminal sanctions have not provided sufficient deterrence, particularly because the provisions in Articles 110, 111, and 112 paragraph (2) allow the imposition of imprisonment or fines as alternative sanctions. In addition, the absence of minimum criminal penalties and the limited application of administrative sanctions have reduced the effectiveness of law enforcement. Therefore, this study recommends revising the relevant provisions by replacing the phrase "and/or" with "and," introducing minimum criminal sanctions for imprisonment and fines, and strengthening the implementation of administrative sanctions. These measures are expected to enhance legal certainty, improve criminal law enforcement, and reduce cases of illegal importation of used goods.
Co-Authors M Syaifuddin Munandar Siti Marisa Juliama