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All Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Akbar, Muhammad Rayhan Fasya
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Analisis Peran Klausula Baku Perjanjian Kredit Pinjaman Online Dalam Menangkal Penyalahgunaan Dana oleh Debitur: Studi Yuridis Terhadap Kasus Penggunaan Dana Kredit Untuk Judi Online Wildan, Ahmad; Hayat, Gian Muzakir; Akbar, Muhammad Rayhan Fasya; Daniel, Theodore
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The advancement of information technology has triggered the emergence of fintech-based online loan services, providing easier access to financing for the public. While offering convenience, these services also raise legal issues, particularly concerning the misuse of loan funds for illegal activities such as online gambling. This study aims to evaluate the extent to which standard clauses in online loan agreements are effective in preventing the misuse of funds by borrowers, and to examine this from the perspective of contract law. The findings indicate that standard clauses are generally unilaterally drafted by the service providers without explicitly prohibiting the use of funds for unlawful activities. This situation leads to weak control over fund usage and limited legal accountability. From a contract law perspective, such misuse can be considered a violation of the agreement's purpose and the principle of good faith, potentially resulting in a breach of contract.
The Urgency of Enacting a Curator Profession Law to Ensure the Proper Exercise of Curators’ Functions and Powers Akbar, Muhammad Rayhan Fasya; Wahyuni, Ridha
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 7 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18596458

Abstract

The increasing prevalence of criminalization practices against curators in the performance of their duties and authorities indicates weaknesses in Indonesia’s bankruptcy law framework, particularly concerning the legal status of curators as a profession. Curators are often placed in a vulnerable position when carrying out statutory mandates, especially in the administration and liquidation of bankrupt estates, which may give rise to disputes with debtors or third parties. This research aims to analyze the legal position of curators as a profession within Indonesian bankruptcy law and to formulate an ideal legal framework to provide legal protection for the execution of curators’ duties and functions. The research employs a normative legal research method using statutory, conceptual, and comparative approaches, specifically by comparing the regulatory regime governing the curator profession in New Zealand under the Insolvency Practitioners Regulation Act 2019. The findings indicate that the current regulation of curators in Indonesia remains fragmented and fails to provide adequate legal certainty, thereby creating opportunities for criminalization and disparities in law enforcement. Therefore, this study concludes that the enactment of a specific law governing the curator profession as lex specialis is an urgent necessity to affirm the professional status of curators, strengthen oversight and accountability mechanisms, and provide proportional legal protection so that curators may perform their duties independently, professionally, and in good faith.
Co-Authors Ahmad Wildan, Ahmad Daniel, Theodore Hayat, Gian Muzakir Ridha Wahyuni, Ridha