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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Ade Ari Gumilar
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Economics, Econometrics & Finance Public Health Social Sciences

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The Application of the Ultimum Remedium Principle in the Handling of Minor Crimes in Indonesia Mery Rohana Lisbeth Sibarani; Aribandi; Aliman; Ade Ari Gumilar; Liza Utama
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i3.8187

Abstract

The principle of ultimum remedium serves as a fundamental concept in criminal law, emphasizing that criminal sanctions should be the final recourse after other legal remedies are deemed insufficient. This doctrine arises from the understanding that criminal law is inherently repressive and should only be employed when non-penal approaches fail to resolve legal issues. In Indonesia, the application of this principle in handling minor criminal offenses remains problematic. Although recent legal reforms have begun to incorporate restorative justice mechanisms, punitive approaches still dominate in practice. Many individuals committing petty crimes continue to be prosecuted through formal judicial proceedings and subjected to imprisonment, despite the relatively minor harm caused. This study explores the extent to which the ultimum remedium principle has been implemented in the enforcement of minor criminal offenses in Indonesia. It also examines the challenges hindering its effective application and offers potential policy recommendations. Using a normative juridical approach, this research analyzes statutory provisions and relevant case studies. The findings indicate that the principle has not been fully realized, primarily due to inconsistent enforcement practices among law enforcement officials and the underdevelopment of alternative dispute resolution frameworks outside the court system.
Customer Protection in Cases of Fintech Lending Default: The Perspective of Indonesian Economic Law Markus Suryoutomo; Hasibatul Isniar Sepbrina Pratiwi S; Mig Irianto Legowo; Amsari Damanik; Ade Ari Gumilar
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 4: October-2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8942

Abstract

The rapid development of financial technology (fintech) has fundamentally transformed national financial systems, particularly through the emergence of peer-to-peer (P2P) lending services that enable individuals to obtain funding quickly and easily without the involvement of traditional financial institutions. This business model not only promotes financial inclusion but also drives the growth of Indonesia’s digital economy. Nevertheless, behind its efficiency and convenience, fintech lending poses substantial legal and economic risks most notably the risk of default, which can cause significant losses for both lenders and borrowers. The occurrence of defaults in fintech lending illustrates an imbalance in the legal standing between platform providers, lenders, and borrowers. Within the framework of Indonesia’s economic law, consumer protection serves as a crucial element in maintaining fairness and trust in digital financial systems. This article aims to examine the forms and effectiveness of legal protection available to consumers in cases of fintech lending default, emphasizing the role and responsibility of the Financial Services Authority (Otoritas Jasa Keuangan OJK) as the supervisory body of the financial services sector. This study employs a normative legal research method using statutory and conceptual approaches to analyze the existing regulations and policies, including OJK Regulation No. 10/POJK.05/2022 on Information Technology-Based Joint Funding Services. The findings indicate that, although OJK regulations have established a strong legal foundation, the practical implementation of consumer protection remains challenging particularly in areas of supervision, dispute resolution, and public financial literacy regarding digital finance.
Co-Authors Aliman Amsari Damanik Aribandi Hasibatul Isniar Sepbrina Pratiwi S Legowo, Mig Irianto Liza Utama Markus Suryoutomo Mery Rohana Lisbeth Sibarani