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All Journal Awang Long Law Review Jambura Law Review
Faqi, Ahmad Fachri
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Law, Crime, Criminology & Criminal Justice

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PKPU AS AN ALTERNATIVE SOLUTION TO SETTLEMENT OF INDIVIDUAL DEBTORS' DEBT IN FINTECH LENDING SERVICES Faqi, Ahmad Fachri; Jamila, Fadilla; Rai, Raga; Pappa, Erika
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1361

Abstract

The resolution of individual debtor debts in Fintech Lending Services has been regulated under POJK 10/2022. In addition to dispute resolution through district courts or alternative dispute resolution mechanisms, the PKPU mechanism is available to address the debt issues of individual debtors in Fintech Lending services. This study examines the resolution of individual debtor debts through the PKPU mechanism as a more equitable, expedient, and effective alternative. The research employs normative legal methods, utilizing secondary data such as legislation and relevant legal literature. Data collection is conducted through documentation and literature studies. The findings indicate that the debts of individual debtors in Fintech Lending services can be resolved through the PKPU mechanism, as such debts fall within the scope of Law No. 37/2004. However, the application of this mechanism faces challenges, such as the requirement for applications to be filed by an advocate and the condition that there must be a minimum of two creditors, which complicates matters for individual debtors. Moreover, Law No. 37/2004 has not fully protected individual debtors, as debt forgiveness or cancellation still depends on creditors' approval.
Legal Challenges of AI-Induced Copyright Infringement: Evaluating Liability and Dispute Resolution Mechanisms in Digital Era Eviani, Nanda Yuniza; Maskun, Maskun; Faqi, Ahmad Fachri
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24459

Abstract

The development of artificial intelligence (AI) has introduced unprecedented technological advancements and complex legal challenges, particularly in copyright infringement. The capability of the systems to replicate and disseminate copyrighted content without authorization raises questions about the adequacy of existing legal frameworks. Therefore, this research aims to explore the critical question of liability for AI-related copyright infringement, examining the responsibilities of developers, users, and systems. A comprehensive examination of relevant laws and regulations is carried out using a normative qualitative methodology. This is supported by case research and recent legal advancements, with a comprehensive comparison of relevant terms. Legal factors and dispute resolution methods applicable to AI-related copyright infringement are also considered. Due to the systems' autonomy, standard liability frameworks such as Digital Millennium Copyright Act (DMCA) cannot address AI-induced infringement. Meanwhile, a fault-based liability strategy that requires proof of purpose or negligence is suggested to improve accountability. This research reports the strengths and weaknesses of using dispute resolution mechanisms to solve copyright infringement. The results show that World Intellectual Property Organization (WIPO) dispute resolution provides a robust framework for resolving disputes after comparing regulations and mechanism.
PKPU AS AN ALTERNATIVE SOLUTION TO SETTLEMENT OF INDIVIDUAL DEBTORS' DEBT IN FINTECH LENDING SERVICES Faqi, Ahmad Fachri; Jamila, Fadilla; Rai, Raga; Pappa, Erika
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1361

Abstract

The resolution of individual debtor debts in Fintech Lending Services has been regulated under POJK 10/2022. In addition to dispute resolution through district courts or alternative dispute resolution mechanisms, the PKPU mechanism is available to address the debt issues of individual debtors in Fintech Lending services. This study examines the resolution of individual debtor debts through the PKPU mechanism as a more equitable, expedient, and effective alternative. The research employs normative legal methods, utilizing secondary data such as legislation and relevant legal literature. Data collection is conducted through documentation and literature studies. The findings indicate that the debts of individual debtors in Fintech Lending services can be resolved through the PKPU mechanism, as such debts fall within the scope of Law No. 37/2004. However, the application of this mechanism faces challenges, such as the requirement for applications to be filed by an advocate and the condition that there must be a minimum of two creditors, which complicates matters for individual debtors. Moreover, Law No. 37/2004 has not fully protected individual debtors, as debt forgiveness or cancellation still depends on creditors' approval.
Co-Authors Eviani, Nanda Yuniza Jamila, Fadilla Maskun Pappa, Erika Rai, Raga