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EKSISTENSI REGULATORY SANDBOX OJK DALAM PENGEMBANGAN INOVASI FINTECH DI INDONESIA Imam Fathwa; Hasnah Aziz; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.535

Abstract

The development of financial technology (fintech) in Indonesia has resulted in significant transformation in the financial services ecosystem, but has simultaneously raised complex regulatory challenges because the speed of technological innovation outpaces the ability of existing legal frameworks to adapt. The Financial Services Authority responded to this challenge through the implementation of a regulatory sandbox as a regulatory mechanism that allows testing of fintech innovations in a controlled environment before full implementation. This article aims to analyze juridically the existence of the OJK regulatory sandbox in the development of fintech innovation in Indonesia. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, OJK policies, regulatory sandbox testing reports, and scientific literature studies. The results show that the existence of the OJK regulatory sandbox has a strategic role in encouraging fintech innovation while maintaining financial system stability and consumer protection, but faces juridical challenges including weak legal foundations that are not explicitly regulated in law, ambiguity in OJK authority in implementing regulatory sandboxes, and limited consumer protection and dispute resolution mechanisms during the testing period. This article recommends the need to enrich the juridical foundation of regulatory sandboxes through revision of laws or government regulations, affirmation of proportional OJK authority, and development of comprehensive consumer protection mechanisms to create a fintech ecosystem that is innovative and fair.
ANALISIS HUKUM TERHADAP KEBIJAKAN PEMERINTAH DALAM PENGEMBANGAN FINTECH DI INDONESIA Imam Fathwa; Pandri Zulfikar; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.536

Abstract

The development of financial technology (fintech) in Indonesia has fundamentally transformed the paradigm of financial services, driving financial inclusion and digital economic growth. The Indonesian government, through the Financial Services Authority (OJK) and Bank Indonesia (BI), has formulated various policies to regulate and develop the fintech ecosystem. However, these policies face complex legal challenges, including the balance between innovation and financial system stability, consumer protection, and alignment with national interests. This study aims to analyze the legal framework of government policies in fintech development in Indonesia, identify regulatory gaps, and formulate improvement recommendations. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) provides the main legal umbrella, but its implementation still faces challenges related to fragmented authority, regulatory imbalance between innovation and protection, and limited oversight of new business models such as decentralized finance (DeFi). This study recommends harmonization of regulations across agencies, strengthening of the regulatory sandbox, and establishment of a single fintech supervisory authority to enhance policy effectiveness
PENGARUH PENYELESAIAN SENGKETA ARBITRASE TERHADAP KEPASTIAN HUKUM PERSEROAN Ervawati; Pandri Zulfikar; Dede Agus Sodikin; Djamal Efendi; Imam Fathwa
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.572

Abstract

Dispute resolution is a fundamental aspect of legal practice, particularly in the business and corporate context. Arbitration, as one of the mechanisms for dispute resolution outside the ordinary courts, has provided a significant alternative for business entities, including limited liability companies. This study aims to analyse the impact of dispute resolution through arbitration on legal certainty for companies in Indonesia. The research method employed is a normative legal approach, utilising legislative and conceptual frameworks. The findings indicate that arbitration makes a positive contribution to legal certainty for limited liability companies through the final and binding nature of its awards, the efficiency of dispute resolution timelines, and the protection of business confidentiality. However, there are several obstacles affecting the optimisation of arbitration’s function, including legal uncertainty regarding the enforcement of arbitral awards, limitations on the scope of disputes that can be resolved through arbitration, and the relatively high costs of arbitration. Based on the results of the analysis, this study recommends the need to revise Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution to provide more comprehensive legal protection for companies.