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p-Index From 2021 - 2026
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All Journal JURNAL LITIGASI (e-Journal) Pancasila and Law Review
Nurfani, Anggun
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Reformulation of Banking Consumer Protection: Building A Justice-Oriented Regulatory System Adhan S, Sepriyadi; Yuniati, Ati; Nurfani, Anggun
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19270

Abstract

The contractual relationship between banks and customers in credit agreements often places customers in a weak position, as agreements are typically drafted unilaterally by banks and emphasize obligations over rights, creating potential harm. This article aims to reformulate banking customer protection regulations to improve legal certainty and effectiveness. Using a normative legal method with an empirical approach, the research examines the suitability, gaps, and inconsistencies in existing regulations in achieving fair protection. The findings show that consumer protection aligns with Article 28D(1) of the 1945 Constitution, which guarantees the right to legal protection and security. However, current banking regulations lack specific provisions and enforcement mechanisms, resulting in weak protection. Disputes are often resolved through administrative or criminal sanctions that do not ensure fair outcomes. Reform is needed to integrate social protection principles and bridge the gap between legal norms and social realities, ensuring that future regulations promote not only financial efficiency but also fairness and equality in customer relations.
The Policy Changes of State-Owned Enterprises Concerning Foreigner in the Perspective of Talcott Persons Structural Functional Theory Pratama, Andre Arya; Nurfani, Anggun; Murniati, Rilda
Pancasila and Law Review Vol. 6 No. 1 (2025): Issue In progress (January 2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4856

Abstract

Law Number 16 of 2025 allows foreign nationals to occupy strategic positions in State-Owned Enterprises, triggering debate between the demands of modernization in a globalized economy and the principle of national economic sovereignty under Article 33 of the 1945 Constitution. This normative legal study applies a statute approach, an analytical approach, and Talcott Parsons’ AGIL framework to examine the legal and sociological implications of this policy. The findings show that the policy functions as an adaptive strategy to improve governance and competitiveness, but it also raises challenges in integrating international professional standards with local organizational culture and in maintaining economic nationalism. While foreign involvement may reduce political pressures in decision making, it simultaneously generates resistance related to the sovereignty of public resources. The effectiveness of this policy therefore depends on the ability of the legal system and SOE management to balance global openness with the preservation of national values, supported by clear implementing regulations and mechanisms for domestic capacity building through knowledge transfer.
Co-Authors Pratama, Andre Arya Rilda Murniati Sepriyadi Adhan S