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Anticipating Losses as a Result of the Use of Special Purpose Vehicles in the Perspective of Indonesian National Law Widya Agustina Siregar
Interdisciplinary Social Studies Vol. 4 No. 4 (2025): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v4i4.927

Abstract

This research has been done in regards on several problems relating to the utilization of Special Purpose Vehicle (SPV) in business transaction, particularly in the businesses involving an Indonesian company or Indonesian entity. According to the research which has been done there are three major problems becoming the object of the research : firstly how far is the legality of the SPV utilizationin in the business from Indonesian law perspective, secondly how the practice of the SPV utilization from the perspective of business law in general, thirdly how to make the concept of SPV as a law smuggling shall not creating the loss to the certain party particularly the country of the Republic of Indonesia. The method used in this research is normative law research through the approach of cases, rules and regulations, comparative, and conceptual. The normative law research is based on the implementation of the rule of law concept in order to create a well-controlled and well-organized country. The cases approach has been done by evaluating the cases relating the SPV as a law smuggling and the opportunity to anticipate the loss of the country arising from the use of SPV as a law smuggling. The regulations and comparative approach has been done by evaluating the rules and regulations as currently exist in Indonesia and to make a comparative study with other countries in order to obtain a guidance to establish a regulation regarding the limitations of the SPV utilization in Indonesia. The theoretical and conceptual approach has been used to analyse the problems arising from the utilization of SPV.
ANTISIPASI KERUGIAN KONSUMEN AKIBAT KLAUSULA BAKU DALAM PERJANJIAN PINJAMAN ONLINE Devi Wulandari; Widya Agustina Siregar; Rizka Amelia Azis
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 13 No. 7 (2026): 2026 Juli
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v13i7.1322

Abstract

Consumers and business actors often have an unequal position, resulting in losses for consumers, including the existence of standard clauses that cause these losses. The purpose of this study is to analyze the anticipated losses that consumers can incur due to standard clauses in agreements.online This study examines both short-term preventive measures and long-term repressive measures. The research was conducted using normative methods and legislative, conceptual, and case-based approaches. The data used were secondary data collected through literature review. The results indicate that short-term measures that consumers can take to avoid losses arising from standard clauses in loan agreements include:online is to ensure legality platform loan online to be registered with the OJK, identify standard clauses that have the potential to cause losses so that they can be sorted out platform which one presents the smallest risk, collecting electronic document evidence, not carelessly providing personal data that is not required, submitting an internal objection mechanism through call center platform loan online, and submit a proposal to the Business Competition Commission to correct the standard clauses in the agreement. Meanwhile, long-term efforts that consumers must take if they experience losses include filing an objection with the business actor to request information regarding the losses resulting from the standard clause. Consumers can then report this to the Financial Services Authority (OJK) so that the provider is subject to administrative sanctions and dispute resolution mechanisms stipulated in Law No. 8 of 1999, both non-litigation and litigation through criminal prosecution of the business actor. Finally, consumers can encourage the reconstruction of regulations that provide protection for consumers affected by the standard clause in loan agreements.online by submitting an application to the Constitutional Court.<line-break/>Keywords: standard clauses, agreements, loans online, loss, consumer