Ex Aequo Et Bono Journal of Law
Vol. 4 No. 1: (July) 2026

From commodities to financial instruments: Consumer protection challenges in gold financing in Indonesia under OJK Regulation no. 17 of 2024

Dara Salsabila (Department of Constitutional Law, Postgraduate Program of the Faculty of Law, Universitas Indonesia, Central Jakarta, DKI Jakarta 10430)
Alfiyah Nur Inayah (Department of Constitutional Law, Postgraduate Program of the Faculty of Law, Universitas Indonesia, Central Jakarta, DKI Jakarta 10430)



Article Info

Publish Date
30 Jul 2026

Abstract

Background: The enactment of OJK Regulation No. 17/2024 marks a milestone in diversifying Indonesia's financial ecosystem by establishing an operational bullion banking framework. However, its "gold-to-gold" financing mechanism introduces severe systemic vulnerabilities, including global gold commodity price volatility, extreme information asymmetry, and deep contractual imbalances between financial services institutions and retail consumers. Methods: This study utilizes a rigorous doctrinal methodology, employing statutory, conceptual, and comparative approaches to assess the current regulatory framework's adequacy, with particular reference to Turkey's macroprudential integration and the London Bullion Market Association (LBMA) standards. Findings: The study reveals a critical legal vacuum within POJK 17/2024: while the regulation mandates institutional risk governance, it fails to provide explicit risk-sharing or consumer protection instruments from the borrower's perspective. Consequently, market risks are entirely transferred to consumers through standard adhesion contracts. Conclusion: The current gold-to-gold financing mechanism leaves retail borrowers structurally exposed to global commodity price shocks, creating a governance gap between institutional risk management and consumer protection that requires urgent regulatory correction. Novelty/Originality of this article: By evaluating Turkey's macroprudential integration and the LBMA standards, this study provides concrete de lege ferenda legal recommendations, such as mandatory asymmetric hedging buffers, standardized volatility disclosure forms, and equitable risk-sharing clauses, to foster distributive justice and financial system stability.

Copyrights © 2026






Journal Info

Abbrev

EAEBJOL

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ex Aequo Et Bono Journal of Law (EAEBJOL ) is an open-access and peer-reviewed journal published by Institute for Advanced Science, Social, and Sustainable Future established in 2023. It has 1 volumes with 2 issues per year. The objective of EAEBJOL is to offer the highest quality research to the ...