Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal JUSTISI Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Rita Alfiana
Unknown Affiliation
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Kebebasan Berkontrak dalam Perjanjian Pinjaman Online dan Implikasinya : Penelitian Diana Ali Mahmudi; Rita Alfiana
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i3.4597

Abstract

Online loan agreements are executed in the form of electronic contracts that are legally recognized under Articles 1320 and 1338 of the Indonesian Civil Code and Article 1 point 17 of Law No. 11 of 2008 on Electronic Information and Transactions. However, the principle of freedom of contract, which theoretically grants autonomy to the parties, is often not substantively realized because fintech agreements are generally presented as standard form contracts unilaterally drafted by the providers. This imbalance in bargaining power frequently results in unfair clauses prohibited under Article 18 of Law No. 8 of 1999 on Consumer Protection. Moreover, issues such as excessive interest rates, misuse of personal data, and unethical debt collection practices indicate violations of consumer protection and data security regulations as stipulated in the ITE Law, Law No. 27 of 2022 on Personal Data Protection, and Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016. This study employs a normative legal research method using statutory, conceptual, and case approaches to analyze the relationship between the principle of freedom of contract and the civil liability of fintech providers. The findings indicate that fintech operators may be held civilly liable on the basis of breach of contract under Article 1243 of the Civil Code or tort liability under Article 1365 when consumer rights are violated.
The Use of Intellectual Property Rights as Collateral for Debt: Legal Regulations and Valuation Analysis Fitria, Annisa; Rita Alfiana; Mira Kartika Dewi Djunaedi; Zummiyanuran Habibi; Alyana Marsyanda
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4680

Abstract

This study aims to examine the legal regulations governing IPR as collateral for debt, and how to determine the valuation of IPR used as collateral. The study method used is normative law with a legislative and conceptual approach. Data was obtained through a literature study of primary and secondary legal materials. The novelty of this study lies in its focus on the legal vacuum and implementation constraints in the field in making IPR, particularly copyright, an object of fiduciary collateral, especially in terms of economic valuation and ownership validity. The results of the study show that although Indonesian fiduciary law has normatively recognized the possibility of using IPR as collateral, in practice financial institutions still face various obstacles. This is partly due to the absence of standard assessment criteria, issues of proof of ownership, and a declarative IPR registration system. The conclusion of this study is that IPR has economic potential and a legal basis as collateral for debt, but it still requires specific derivative regulations and a clear economic value assessment mechanism in order to be widely accepted by financial institutions. The development of this policy is important to support the sustainable financing of the creative economy sector.
Co-Authors Alyana Marsyanda Annisa Fitria Diana Ali Mahmudi Mira Kartika Dewi Djunaedi Zummiyanuran Habibi