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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan
Edbert Reba, Jeremy
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Arts Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

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LEGAL PROTECTION OF CREDITORS AND DEBTORS THROUGH NOTARIAL DEEDS IN BANKING CREDIT AGREEMENTS Hendrik Reba, William; Simanjuntak, Josner; Edbert Reba, Jeremy
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 2 No. 12 (2023): November
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i12.3494

Abstract

Bank credit plays a vital role in economic development, but is often associated with legal risks such as default, the use of unilateral clauses, and disputes over collateral enforcement. Both creditors and debtors require strong legal protection to ensure fairness and certainty in credit agreements. This article examines the role of notarial deeds as an instrument of legal protection for both parties in bank credit transactions. This research uses a normative legal research method with statutory, conceptual, and comparative approaches. The primary legal materials include the Civil Code (KUHPerdata), the Banking Law, and the Notary Law (Law No. 2 of 2014). A comparative analysis was also conducted with the Dutch and German legal systems to highlight international best practices. The results show that notarial deeds provide both preventative and repressive legal protection. For creditors, notarial deeds guarantee legal certainty, enforceable powers, and protect against the risk of default. For debtors, notarial deeds serve to prevent detrimental clauses, ensure transparency of obligations, and strengthen equality in contracts. Furthermore, the notary's preventive role strengthens contractual fairness by protecting both parties from potential future disputes. The conclusion of this study confirms that a notarial deed is not merely an administrative requirement, but rather a legal protection instrument that balances the interests of creditors and debtors. Optimizing this role requires increased notary professionalism, regulatory harmonization, and stricter oversight.
LEGAL ASPECTS OF OPEN BANKING AND CUSTOMER DATA PROTECTION IN THE DIGITAL ERA Hendrik Reba, William; Magnus Loogman Palit, Silvester; Lian Daya Purba, Tumian; Edbert Reba, Jeremy
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 5 No. 1 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v5i1.4161

Abstract

Open banking represents a transformative innovation in the financial sector, enabling the secure exchange of customer financial data between banks and third-party service providers through Application Programming Interfaces (APIs). This study examines the legal framework governing open banking and personal data protection in Indonesia, emphasizing its alignment with key legal theories — namely, the Theory of Legal Protection, Theory of Justice, Theory of Legal Certainty, and Theory of Responsive Law. Employing a normative juridical method, this research analyzes statutory instruments, legal doctrines, and comparative regulations, particularly drawing insights from the European Union’s Payment Services Directive 2 (PSD2) and General Data Protection Regulation (GDPR). The findings reveal that Indonesia’s regulatory foundation — primarily based on the Personal Data Protection Law (Law No. 27 of 2022) and financial sector regulations issued by Bank Indonesia and the OJK — provides an essential starting point but remains fragmented and limited in enforcement. Major gaps exist in preventive and repressive protection, liability allocation, and technical standardization for data security. Integrating classical legal theories with core banking principles such as prudence, transparency, accountability, and consumer protection underscores the need for a responsive, principle-based regulatory model. This study concludes that Indonesia must strengthen its regulatory framework through detailed implementing regulations, adaptive governance mechanisms, and cross-institutional coordination to achieve a balance between innovation and data protection in the era of digital finance.
Co-Authors Silvester Magnus Loogman Palit Simanjuntak, Josner Tumian Lian Daya Purba William Hendrik Reba