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Winiari Wahyuningtyas, Yuli
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Law, Crime, Criminology & Criminal Justice

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Journal : Welfare State Jurnal Hukum

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Pertanggungjawaban Bank Terhadap Nasabah Dalam Layanan Perbankan Digital Imam Safi’i, Mohammad; Winiari Wahyuningtyas, yuli
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1696

Abstract

This study aims to analyze the legal rules related to the existence of digital banking as a form of service innovation carried out by banks and analyze the forms of legal protection and accountability provided to customers in the use of digital banking. This study uses a normative legal research type. Based on the research, the results show that there are no specific legal regulations in the implementation of digital banking. This is because the Banking Law does not discuss the provisions for digital banking activities. The responsibility of the bank if the customer is dissatisfied both verbally and in writing due to loss or potential material loss in the financial services sector, the customer can file a complaint. Customers who suffer losses due to cybercrimes are entitled to compensation as a form of responsibility from the bank as long as it is not the customer's negligence. If the negligence is caused by the bank concerned, the bank's negligence can be prosecuted as an unlawful act.  
Tinjauan Yuridis Pelaksanaan Jaminan Sosial Tenaga Kerja di PT. Mitratani Dua Tujuh Kabupaten Jember Sholeh, Sholeh; Hariandja, Tioma R.; Nofitasari, Solehari; Winiari Wahyuningtyas, Yuli
WELFARE STATE Jurnal Hukum Vol. 2 No. 1 (2023): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i1.2076

Abstract

Every worker has rights and obligations that must be fulfilled and vice versa for the company. Workers as executors must have their rights guaranteed through social insurance. In the Amendment to Article 28 H of the 1945 Constitution paragraph (3) stipulates that everyone has the right to obtain social insurance for their survival, including workers. Implementation of the workers' social insurance program at PT. Mitratani Dua Seven Jember Regency is divided into 2 (two) type: first type is Permanent Employees and Contract Employess (PKWT) and second type is Seasonal Employees. Permanent employees and PKWT are registered in 4 (four) insurance programs are: Old Age Benefits (JHT), Work Accident Benefits (JKK), Death Benefits (JKM) and Pension Benefits (JP), while seasonal employees are registered in 3 (three) insurance programs, namely Old Age Benefits ( JHT), work accident insurance (JKK), death insurance (JKM). Obstacles in the implementation of the Employment BPJS program for seasonal workers are related to the very high entry and exit of workers because they cannot adapt to the work environment.
Perlindungan Hukum Terhadap Data Pribadi bagi Nasabah Pinjaman Online Duwi Rindiantika, Wafia; Laily Mufid, Firda; Winiari Wahyuningtyas, Yuli
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2416

Abstract

Online lending or peer to peer landing as a form of financial technology is the result of technological advances that offer many loans with easier and more flexible terms and conditions when compared to conventional financial institutions such as banks. But it turns out that behind this convenience, of course there are consequences and risks that will be received by borrowers if they violate their obligations. In the last few years to date, the OJK, which is part of the Investigation Alert Task Force, still finds and blocks illegal online loan services, because they cause many problems for their users, several cases have ended with borrowers ending their lives because they cannot be strong enough to be billed by debt collectors. Apart from that, the problem with online loans after billing with terror is the transfer of contacts. Blender can read all cellphone transactions and photos. So that the protection of personal data is still low. Indonesia does not yet have a personal data protection law, so that business actors go around with online loan users.
Pertanggung Jawaban Pidana Pelaku Penipuan Tautan Undangan Melalui Whatsapp Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik Yaqin, Moh. Ainul; R. Hariandja, Tioma; Winiari wahyuningtyas, Yuli; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2802

Abstract

The rapid advancement of technology has brought many benefits to society, making it easier and helping to meet their needs through various technologies. However, along with this development, problems such as fraud through WhatsApp applications have also emerged. One of the modus operandi is the fraud of courier receipts or from the sender's expedition party. Therefore, the formulation of the research problem is whether perpetrators of fraud through WhatsApp invitation links can be subject to criminal sanctions, and what legal efforts can be made by victims of fraud through WhatsApp invitation links. The purpose of this study is to determine whether fraud through WhatsApp invitation links can be subject to criminal sanctions, and to determine what legal efforts can be made by victims of such fraud. The research method used is the typology of normative legal research, which is research conducted on written regulations, as well as library research or documentary studies, because this research mostly uses secondary data such as books and official documents. The approach used in this research is the statutory approach, case approach, and conceptual approach. In addition, this study also uses primary and secondary legal material sources. The first discussion result shows that fraud through WhatsApp invitation links can be subject to criminal sanctions based on Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law. Victims can take legal action by reporting such criminal acts to the Police in accordance with Article 4 paragraph (1) of Law Number 23 of 2007 concerning the Legal Jurisdiction of the Indonesian National Police. Victims can also resolve their issues through litigation or non-litigation.
Co-Authors Duwi Rindiantika, Wafia Hariandja, Tioma R. Imam Safi’i, Mohammad Laily Mufid, Firda Nail, Muhammad Hoiru Nofitasari, Solehari R. Hariandja, Tioma Sholeh Sholeh, Sholeh Yaqin, Moh. Ainul