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The Legal Vacuum and Dominance of Standard Contracts in the Banking Industry Rohadi Rohadi; Hono Sejati; Tri Susilowati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1259

Abstract

The legal vacuum in the regulation of standard contracts in the banking industry in Indonesia has become an increasingly pressing issue, given the rising dependence of the public on financial services. This study aims to explore various aspects related to the legal vacuum and the dominance of standard contracts, which often disadvantage consumers. By analyzing the provisions in the Consumer Protection Law and existing banking practices, this research identifies the negative consequences of regulatory ambiguities that facilitate abuse by banks. The study also discusses the efforts that need to be made by the government and the Financial Services Authority (OJK) to create a stronger and more transparent legal framework. The results indicate that tighter regulations and effective supervision can strengthen consumer bargaining power and reduce the risk of losses due to unfair terms in standard contracts. Thus, this research is expected to contribute to the development of more equitable and sustainable policies in the banking sector.
Online Transportation Law Reform for Justice and Sustainability Andy Hendarwanto; Naya Amin Zaini; Hono Sejati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1260

Abstract

This research discusses the urgent need for legal reform in the regulation of online transportation to create justice and sustainability for all parties involved, especially driver partners and consumers. The current legal vacuum creates significant imbalances in the relationships between application companies and drivers, often leading to exploitation and income uncertainty for drivers. Through an analysis of existing policies and practices, this study identifies the challenges faced by drivers regarding their rights in an unbalanced partnership system, as well as the impacts of fluctuating tariffs and non-transparent profit-sharing. Furthermore, this research explores various efforts needed to update regulations, including the establishment of minimum tariff standards, a fair profit-sharing structure, and guarantees of social protection for drivers. It is hoped that the findings of this research can serve as recommendations for policymakers to formulate more inclusive and sustainable regulations in the online transportation industry.
The Urgency of Imprisonment as a Substitute for Restitution in Upholding Justice for Rape Victims Khoirudin Khoirudin; Hono Sejati; Mohamad Tohari
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1264

Abstract

The legal vacuum regarding imprisonment as a substitute for restitution in Indonesia is a serious issue that directly affects the enforcement of justice for rape victims. In many cases, perpetrators of crimes are often unable to pay the restitution that should be afforded to victims, thereby denying victims their rights to receive compensation for the harm suffered. This legal uncertainty not only hampers the psychological and emotional recovery of victims but also creates a perception that the justice system is unable to deliver the justice it should. This article examines the urgency of implementing imprisonment as a substitute sanction for perpetrators who are unable to pay restitution, as well as exploring the weaknesses in existing legislation and efforts that can be made to address this legal vacuum. Through appropriate legal reforms, it is hoped that the rights of victims can be effectively protected, and the criminal justice system can impose appropriate sanctions on perpetrators, thereby enhancing public trust in justice.