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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.
Affirmation of the Rights and Obligations of Couriers in Cash on Delivery Marketplace Transactions Wahono Wahono; Tri Susilowati; Naya Amin Zain
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.v7i1.1263

Abstract

The rapid development of e-commerce in Indonesia has given rise to various innovations in payment systems, including the Cash on Delivery (COD) method, which provides advantages for consumers to pay for goods in cash upon receipt. While this system offers convenience for consumers, it presents significant challenges for couriers as intermediaries in such transactions. Couriers often face financial and psychological risks due to payment rejections by buyers. In such situations, couriers' positions become vulnerable due to often inadequate legal protections and company policies that do not always favor couriers' interests. This writing aims to examine the rights and obligations of couriers in COD transactions through legal and social approaches, as well as to explore the challenges they encounter in carrying out their duties. This writing identifies weaknesses in regulations and offers recommendations to strengthen the protection of couriers' rights in Indonesia. It is hoped that this research can serve as a basis for regulatory improvements so that the rights and obligations of couriers in COD transactions can be more clearly and fairly affirmed, thus supporting the creation of a more balanced and sustainable e-commerce ecosystem.
The Urgency of Strengthening Judges’ Authority in the Rechtvinding Process Eko Budi Susilo; Tri Susilowati; Naya Amin Zaini
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.v7i1.1266

Abstract

The rechtvinding process, or legal discovery, is one of the essential functions performed by judges, particularly when dealing with cases that are not clearly regulated in the laws and regulations. The urgency of strengthening judges' authority in the rechtvinding process is crucial considering the limitations of positive law that often cannot keep pace with the increasingly complex dynamics of society. On the one hand, this authority enables judges to ensure justice and meet the legal needs of the community. However, on the other hand, challenges such as ambiguities in regulations, subjectivity in interpretations, and a lack of accountability can reduce legal certainty. This article aims to examine the urgency of strengthening regulations regarding judges' authority in the rechtvinding process and to identify the weaknesses present in this process. Additionally, this article offers various measures that can be taken to enhance legal certainty, such as developing consistent jurisprudence and implementing stronger accountability principles. Thus, it is hoped that strengthening judges' authority in the rechtvinding process can support the achievement of a more responsive, fair, and trustworthy legal system for society.