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All Journal Research Report - Social Science Melintas An International Journal of Philosophy and Religion Veritas et Justitia Ex Aequo Et Bono Journal of Law
Wurianalya Maria
Jurusan Ilmu Hukum, Fakultas Hukum Universitas Katolik Parahyangan, Bandung
Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Perjanjian Baku dalam Dunia Bisnis dikaitkan dengan Hak Asasi Manusia Novenanty, Wurianalya Maria
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 33 No. 1 (2017)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26593/mel.v33i1.2955.70-90

Abstract

In business activities, there is a known type of agreement termed as “standard agreement”. This standard agreement is an agreement which is made by only one of the parties involved, and the counterparty is not in the position to bargain with regards to the content of the agreement. The counterparty solely accepts the predetermined terms and conditions in such agreement. Here this kind of agreement indicates that there is inequality of positions between the parties, which is contrary to the principle that “all human beings are equal”, the fundamental principle as the source of human rights. Human rights are carried by each person since birth, and such basic rights are equally owned and must be respected by others. However, in business contexts, efectivity and efficiency are highly considered in running the businesses, and human rights tend to be ignored whether undeliberately or deliberately. This article finds it imperative to analyse the standard agreement in Indonesia in the light of civil law and human rights law. The resulting contracts should contain the distribution of rights and obligations between the parties involved. And to produce a proper contract, business executives are the first to get a complete understanding of how to make their business in accordance with human rights.
From business legitimacy to risk management fragmentation of regulations on gold bar trading at Pegadaian Wurianalya Maria Novenanty; Dewi Sukma Kristianti
Ex Aequo Et Bono Journal Of Law Vol. 4 No. 1: (July) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v4i1.2026.3377

Abstract

Background: Gold bar trading by PT Pegadaian has grown rapidly in line with Pegadaian's transformation from a pawn-based financing institution to a gold-based financial service provider. However, this development has not been fully accommodated by an integrated regulatory and governance framework, giving potential risks of legal uncertainty and violation of consumer protection. Methods: This study uses a normative legal research method with a statutory, conceptual, and analytical approach through a literature review. Findings: The results show that although POJK No. 39/2024 and POJK No. 22/2023 have provided business legitimacy and a basis for consumer protection, the regulation of gold bullion trading is still sectoral and tends to emphasize administrative compliance rather than substantive investment risk control. Conclusion: It is concluded that Pegadaian's gold bullion trading is in a governance grey area due to regulatory fragmentation and weak risk management integration. Novelty/Originality of this article: The novelty of this research lies in the formulation of the concept of integrated risk and consumer governance as a direction for strengthening the regulation and governance of gold bullion trading at PT Pegadaian.
Co-Authors Ari Hernawan Dewi Sukma Kristianti Feby Ivalerina Ilva Nurftriati Maria Ulfah R. A. Antari Innaka Rachmani Puspitadewi Sri Rahayu Oktoberina Tristam P. Moeliono