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All Journal Jurnal Hukum Novelty Jurnal Kajian Pembaruan Hukum
Suzaini, Syaqila Binte
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Law, Crime, Criminology & Criminal Justice

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The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Abstract

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article
Reimagining Judge Oversight: Duties and Functions of the Judicial Commission in Action Kadir, Anita; Sabirin, Ahmad; Suzaini, Syaqila Binte
Jurnal Kajian Pembaruan Hukum Vol. 6 No. 1 (2026): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v6i1.53703

Abstract

In recent years, public confidence in the Indonesian judiciary has continued to decline due to repeated cases involving judicial corruption, abuse of authority, and violations of the judicial code of ethics. This condition highlights the need for a stronger and more independent supervisory mechanism capable of ensuring accountability, transparency, and integrity within the judicial system. This paper examines the urgency of judicial supervision reform in Indonesia through strengthening the duties and functions of the Supreme Court as an external supervisory institution for judicial power. The rise of ethical violations, allegations of bribery, and independent behaviour by some judges threatens the principles of the rule of law and the supremacy of the constitution. This research uses a normative juridical method. The findings show that the authority of the Supreme Court, which is limited to the recommendatory function, without the right to impose direct sanctions or conduct investigations into alleged criminal acts by judges, causes institutional disharmony, legal uncertainty, and a low level of implementation of the Supreme Court's recommendations. The design of the authority of the Supreme Court in the current positive legal framework is not adequate to answer the demands of judicial reform and the restoration of public trust. The proposal includes expanding the authority of the Constitutional Court to impose administrative sanctions directly, including the possibility of dismissing judges in cases of serious ethical violations, as well as granting limited investigative authority for violations related to the code of ethics and the integrity of judges. This strengthening is important to avoid the dominance of the Supreme Court's internal supervision, which has the potential to give birth to judicial tyranny, as well as to affirm the position of the Supreme Court as an effective auxiliary organ in ensuring the accountability, independence, and professionalism of judges in the Indonesian judicial system.
Co-Authors Bayuaji, Anandayu Pavita Dinda Keumala Kadir, Anita Rahmat, Nur Ezan Sabirin, Ahmad Setiyono Setiyono