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jle
Published by Yayasan Kawanad
ISSN : 29639204     EISSN : 29637937     DOI : https://doi.org/10.56347/jle
Core Subject : Economy,
Economics, Econometrics & Finance
The Journal of Law and Economics publishes research on a broad range of topics, including the economic analysis of law, the economic analysis of regulation and the behavior of regulated firms, industrial organization and antitrust policy, the political economy of legislation and legislative processes, law and finance, and corporate finance and governance. The JLE has published some of the most influential and widely cited articles in these areas. It is an invaluable resource for academics and those interested in cutting-edge analysis of current public policy issues. All published article URLs will have a digital object identifier (DOI).
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 2 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2026): MAY" : 2 Documents clear
Kepastian Hukum terhadap Praktik Gesek Tunai Kartu Kredit Rosmalasari, Dewi; Lisasih, Nin Yasmine
Journal of Law and Economics Vol. 5 No. 1 (2026): MAY
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v5i1.395

Abstract

In the practice of credit card cash advances, cardholders withdraw cash at merchants that facilitate such services by pretending to make purchase transactions. This study analyzes whether credit card cash advances constitute unlawful acts and examines legal certainty regarding these practices through applicable regulations. The research employs a normative legal method with a statutory approach, utilizing primary legal materials, including the Civil Code, Financial Services Authority Regulations, and Bank Indonesia Regulations. Findings reveal that credit card cash advances constitute unlawful acts under Article 1365 of the Civil Code, potentially causing losses to multiple parties: customers whose data are misused, banks facing heightened bad loan risks, and threats to the overall stability of the financial system. Legal uncertainty surrounding credit card cash advances creates opportunities for criminals to carry out card forgery, fraud, personal data misuse, and money laundering. Therefore, coordinated efforts are needed to strengthen legal certainty regarding credit card cash advances, both through regulatory refinement and effective law enforcement. 
Marriage Dispensation Orders: Judicial Product or State Administrative Decision Ummah, Lely Mahartina Khoiru; Prasastiningtyas, Lilia
Journal of Law and Economics Vol. 5 No. 1 (2026): MAY
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v5i1.417

Abstract

The amendment to the minimum marriage age through Law Number 16 of 2019 has led to a marked rise in applications for marriage dispensation before the Religious Courts, prompting a conceptual question regarding the legal standing of such orders — whether they ought to be read purely as judicial products or as state administrative decisions. Through normative legal research employing statutory and conceptual approaches, this study analyzes the juridical character of marriage dispensation orders and examines whether they satisfy the criteria of a state administrative decision, namely concreteness, individuality, finality, and the production of legal consequences, within the framework of administrative law. The findings reveal that marriage dispensation orders carry a hybrid character: procedurally issued as judicial products by the Religious Courts, yet substantively displaying characteristics of administrative decisions given that they constitute concrete, individual, and final grants of permission. This ambiguity signals the relevance of applying the general principles of good governance (AUPB) — particularly the principles of prudence and the protection of the best interests of the child — in adjudicating dispensation cases, and leads this study to advance the conceptualization of marriage dispensation orders as a judicialized administrative act, drawing attention to the intersection between judicial authority and administrative decision-making in the Indonesian legal system.  

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