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All Journal International Journal of Law, Policy and Governance Journal of Global Legal Review
Sistri Wahyuni
Universitas Sumatera Barat
Agriculture, Biological Sciences & Forestry Arts Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Perlindungan Hukum terhadap Pengguna Jasa Pinjaman Online dalam Perspketif Hukum Perjanjian Pinjam Meminjam Sistri Wahyuni; Yofiza Media; Harniwati Harniwati; Amanda Bherlyana Putri
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.578

Abstract

This study aims to determine the Legal Protection for Online Loan Service Users in the Legal Perspective of Lending Agreements. This study uses a normative juridical analysis method by reviewing related laws and regulations and relevant legal literature. The results of the study indicate that in the (P2P) Lending scheme, the legal relationship occurs between the Lender and the Organizer, and between the Lender and the Borrower. The Lender authorizes the Organizer to distribute funds, while the main relationship is a loan agreement between the Lender and the Borrower. The legal relationship between the lender and the borrower is a loan agreement (debt) as regulated in Article 1754 of the Civil Code. The Lender acts as a creditor, and the Borrower acts as a debtor. Legal protection is needed to provide legal certainty for the Lender, especially in cases of default. Legal protection can be carried out preventively (before a dispute) by implementing basic principles of the organizer such as transparency, fair treatment, reliability, data confidentiality, and simple, fast, and affordable dispute resolution. Legal protection can also be provided repressively (after a dispute) through complaints and compensation if there is evidence of error or negligence by the provider. The Financial Services Authority (OJK) plays a crucial role in regulating and overseeing fintech P2P lending activities to protect the interests of lenders.
Criminalization in Regional Regulations: An Analysis of the Formulation of Penal Provisions Based on Law Number 13 of 2022 widya yoseva; Sistri Wahyuni; Gokma Toni Parlindungan S
International Journal of Law Policy and Governance Vol. 5 No. 1 (2026)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v5i1.1886

Abstract

This study aims to analyze the formulation of criminal provisions in Regional Regulations (Peraturan Daerah) following the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 on the Formation of Laws and Regulations. The study examines the legal basis, limitations, and principles governing the criminalization process within regional legislation. This research employs normative juridical methods using statutory, conceptual, and comparative approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed through qualitative legal interpretation. The study finds that the authority of Regional Governments to formulate criminal sanctions in Regional Regulations is not absolute and must comply with the principles of legality, proportionality, and legal certainty as stipulated in Law Number 13 of 2022. The inclusion of criminal provisions in Regional Regulations should be based on clear delegation of authority, avoid overcriminalization, and align with national criminal law policies and the protection of human rights. This research offers a contemporary analysis of the criminalization policy in Regional Regulations after the enactment of Law Number 13 of 2022 and proposes a conceptual framework for the formulation of regional criminal provisions that are harmonized with the national legal system and constitutional principles.
Co-Authors Amanda Bherlyana Putri Gokma Toni Parlindungan S Harniwati Harniwati Widya Yoseva Yofiza Media