Claim Missing Document
Check
Articles

Found 30 Documents
Search

Benturan Kepentingan bagi Konsultan Hukum dalam Kejahatan Pasar Modal Pakpahan, Elvira Fitriyani; Wijaya, Selvia Fransiska; Fortunata, Agnes; Chang, Johny; Muhammad, Helfan
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (831.592 KB) | DOI: 10.31289/jiph.v6i2.2605

Abstract

This objective of this research is to examine conflicts of interest for legal consultants in capital market crime. The method used in this study is normative juridical analysis with a library approach and using secondary data. The role of legal consultants is very important in the capital market, this is because legal consultants are required to provide legal opinions regarding a company. So, because it has an important role, a legal consultant needs to know the duties and obligations. Beside that, the information from legal opinions will be used by investors in deciding whether to invest their capital or not, because information in the capital market is a factor that causes the fluctuations in the price of securities or shares on the price of securities or shares. Therefore, in each assignment of a legal consultant, it is expected that legal consultants can act independently and impartially and in accordance with the code of ethics, professional standards and applicable regulations. Sanctions will be given to legal consultants who act independently and do not fulfill the code of ethics, professional standards and applicable regulations. The application of sanctions is also related to the role of the Financial Services Authority.
THE SEVERAL UNLAWFUL ACT AFTER NUPTIAL AGREEMENT IN INDONESIA Heriyanti Heriyanti; Elvira Fitriyani Pakpahan; Diana Diana
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.16291

Abstract

The rule of Constitutional Court has eased on the essential interpretation inherent in the prevailing prenuptial agreement. The prenuptial agreement is understood no longer as the one drawn up prior to the marital process but thereafter as well, as long as it is not against the norms of religion, public order, morals, and third parties. Essentially, it is in accordance Act on Marriage and seemingly more comprehensive than the interpretation of marital agreement of inherence at civil law. The approach method used is a normative juridical approach, the research results obtained state that the implication that the marital agreement can be drawn up either after or before the nuptial execution. The nuptial agreement is compulsory to be legalized on the notarial deed before the execution. The nuptial agreement before or at the moment of marital execution process under the terms that it does no harm to the third part
Reconstruction of Bonds Arrangements in Indonesian Capital Market Justice-Based Value elvira fitriyani pakpahan
International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v1i1.1638

Abstract

Trustee contracts referring to the special provisions on guarantees stipulated by Bapepam (Capital Market Supervisory Agency)/OJK (Financial Service Authority) as referred in item 4 letter E Kep. Bapepam-LK No.412 / BL / 2010 are considered too general. The provision of guarantee on number 4 letter E Kep. Bapepam No.412 is limited to informational provisions, not a requirement. The purpose of this paper is to know and analyze the implementation of bond arrangements and weaknesses in the capital market of Indonesia based on the value of justice. Why there are weaknesses in the implementation of bond arrangement in Indonesia capital market. This research used sociological juridical method. The theories used to analyze were the theory of Degrading Justice as the Grand Theory, Theory of Legal Protection as the Middle Range Theory and Theory of the Covenant as Applied Theory. Based on the results of research implementation of bond arrangement in Indonesia capital market does not give justice value to the parties such as issuer, trustee and investor in particular. Unclear arrangements in Bapepam-LK's Decree on General Provisions and Trustee Contracts under the Warranty (if any) do not provide legal certainty and fairness to bond investors in the event of default. The weaknesses in the implementation of bonds arrangement in the Indonesian capital market due to the functions and duties of the Trustee listed in UUPM have no regulatory arrangements, as well as the absence of guidelines/standards in the preparation of the trustee contract. The reconstruction of the law shall be conducted by changing the special provisions of Bapepam Decree Number 412 on item 4 letter E concerning the guarantee (if any) by removing / removing the existing word in parentheses (if any), as it does not reflect the value of legal certainty and dignified justice.
PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY Elvira Fitriyani Pakpahan; Lionel Ricky Chandra; Ananta Aria Dewa
Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i2.3778

Abstract

It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data.  Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data.  To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.
Peran Otoritas Jasa Keuangan (OJK) dalam Mengawasi Maraknya Pelayanan Financial Technology (Fintech) di Indonesia Elvira Fitriyani Pakpahan; Jessica Jessica; Corris Winar; Andriaman Andriaman
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 9 No 3 (2020)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2020.v09.i03.p08

Abstract

The purpose of this research is to give insights on how Fintech and the role of OJK in supervising the services of Fintech in Indonesia. The presence of Fintech in Indonesia greatly helps citizens in accessing and provide easiness in financial transactions. At the moment, Fintech provides several functions that are believed to develop rapidly and Fintech also provides services on electronic money, virtual account, aggregator, lending, crowdfunding and other online monetary transactions. Various businesses that are part of Fintech are startups and online businesses. Therefore, the government should provide legal protection in order to protect both parties, the business organizers and the possible customers. In this case, business organizers with legal Fintech development have potential that is related to consumer protection, stable financial system, economy, and payment methods. The method of the research that is used in conducting this journal is the applied law research method. This research is using normative law with the facts approach and Constitution approach. In this case, Bank Indonesia has issued the Bank Indonesia Regulation No. 18/40/PBI/2016 about the implementation of the payment transaction and the Bank Indonesia Regulation No. 19/12/PBI/2017 about the implementation of Financial Technology. Along with OJK Regulation No. 13/POJK.02/2018 about the innovation of digital money in the financial services sector as a provision that covers the supervision and stipulates financial technology (fintech) industry issued by Otoritas Jasa Keuangan (OJK). Tujuan dari penelitian ini adalah untuk memberikan pengetahuan bagaimana Fintech dan peran OJK dalam mengawasi maraknya pelayanan Fintech di Indonesia. Munculnya Fintech di Indonesia sangat membantu masyarakat untuk mengakses dan mempermudah transaksi keuangan. Saat ini, Fintech memiliki berbagai fungsi yang diyakini mampu berkembang cepat dan Fintech mampu melayani electronic money, virtual account, agregator, lending, crowdfunding dan transaksi keuangan online lainnya. Berbagai usaha yang termasuk dalam Fintech adalah bisnis startup dan bisnis online. Dengan demikian Pemerintah harus memberikan suatu bentuk perlindungan hukum baik itu dari segi penyelenggara bisnis maupun untuk masyarakat yang berperan sebagai nasabah. Dalam hal ini, Pelaksanaan bisnis yang dijalankan secara legalitas untuk pengembangan fintechnya memiliki potensi resiko yang berhubungan dengan perlindungan konsumen, stabilitas sistem keuangan dan ekonomi ,serta sistem pembayaran. Metode penelitian yang digunakan dalam penyusunan jurnal ini adalah metode hukum yuridis normatif. Dimana penelitian ini meneliti hukum secara normatif dengan menggunakan pendekatan fakta dan pendekatan Undang-Undang. Dalam Hal ini Bank Indonesia (BI) mengeluarkan Peraturan Bank Indonesia No 18/40/PBI/2016 dan Peraturan Bank Indonesia No 19/12/PBI/2017 serta Peraturan OJK No. 13/POJK.02/2018 sebagai bentu pengawasan dan pengaturan industri financial technology (fintech) yang dikeluarkan oleh Otoritas Jasa Keuangan (OJK).
LEGAL PROTECTION AGAINST A BOND INVESTOR ACCORDING TO THE DIGNIFIED JUSTICE Tommy Leonard; Elvira Fitriyani Pakpahan; Heriyanti Heriyanti; Azharuddin Azharuddin
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.37818

Abstract

The defaulted cases that occurred at PT. Mobile-8 Telecom Tbk., Bakrie Telecom, PT. Berlian Laju Tanker is very detrimental to bondholder investors. This is the problem that is happening in the Indonesian economy and becomes serious since it can reduce the wheels of the economy, especially for the capital market. The purpose of this research is to protect investor-based bonds with dignified justice according to Teguh Prasetyo's dignified justice theory. The research method used is empirical or non-doctrinal. The results of the research stated that legal protections based on fairness are not only given to bond investors but issuers and trustees
RECONSTRUCTION OF DECISION BAPEPAM-LK NO. 412/BL/2010 CONCERNING ON THE TRUSTEE CONTRACT Elvira Fitriyani Pakpahan; Bambang Tri Bawono; Azharuddin Azharuddin
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3744

Abstract

The purpose of this study reconstructs Bapepam-LK's decision number 412 / BL / 2010concerning the trustee contract refers to specific provisions on guarantees stipulated byBapepam / FSA as in item 4 letter E which is still too common. Conditions of bail innumber 4 letter E Bapepam Decree 412 is only limited provision of information, not anecessity. Password Security (if any) does not provide legal certainty for investorsobligations in case of default. With juridical sociological research methods. The theoryused to analyze the theory of justice that is dignified, then research the reconstruction of the law done by changing the special provisions Bapepam's Decision No. 412 in number 4 letter E on collateral (if any) by removing / deleting the words in brackets (if any), caused not show the certainty justice and dignity justice.
LEGAL PROTECTION AGAINST DEPOSITORS' CUSTOMERS WITH MUDHARABAH CONTRACT ON ISLAMIC BANKS Elvira Fitriyani Pakpahan
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4673

Abstract

Deposit type most often used by Islamic Bank in collecting funds from the public is revshare system (mudharabah) where the customer is acting as an investor and profit from business carried on by the bank. But in practice mudharabah can also loss caused by managers (Banks) in running the business. The problem in this research is how the legal protection of depositors with mudharabah in Islamic banks. With normative juridical research method and approach to literature. Results of the study stated that the legal protection of depositors in Islamic banking are protected by rules that are already fairly well from the Financial Services Authority and the Institute of deposit insurance, even the rules better than  protection applied to customers of conventional banks. LPS in Regulation 2 of 2010 Article 44 stated that the interest rate is considered reasonable set LPS does not apply in determining the status of the deposit guarantee to deposits based on Islamic principles because Islamic Bank using revshare principle in operation. 
Benturan Kepentingan bagi Konsultan Hukum dalam Kejahatan Pasar Modal Elvira Fitriyani Pakpahan; Selvia Fransiska Wijaya; Agnes Fortunata; Johny Chang; Helfan Muhammad
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i2.2605

Abstract

This objective of this research is to examine conflicts of interest for legal consultants in capital market crime. The method used in this study is normative juridical analysis with a library approach and using secondary data. The role of legal consultants is very important in the capital market, this is because legal consultants are required to provide legal opinions regarding a company. So, because it has an important role, a legal consultant needs to know the duties and obligations. Beside that, the information from legal opinions will be used by investors in deciding whether to invest their capital or not, because information in the capital market is a factor that causes the fluctuations in the price of securities or shares on the price of securities or shares. Therefore, in each assignment of a legal consultant, it is expected that legal consultants can act independently and impartially and in accordance with the code of ethics, professional standards and applicable regulations. Sanctions will be given to legal consultants who act independently and do not fulfill the code of ethics, professional standards and applicable regulations. The application of sanctions is also related to the role of the Financial Services Authority.
URGENSI PENGATURAN FINANCIAL TECHNOLOGY DI INDONESIA Elvira Fitriyani Pakpahan; Kristina Chandra; Anderson Tanjaya
Jurnal Darma Agung Vol 28 No 3 (2020): DESEMBER 2020
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v28i3.807

Abstract

Fintech is a combination of a financial system with digital technology. Fintech's goal is to provide financial services by making use of modern software and technology. This type of research is normative juridical research. The nature of descriptive research. Qualitative data analysis. Based on the results of the research that the existence of urgency will provide clarity on the competitive space and legal Fintech climate. The existing Fintechs really understand the problems they are facing. For this reason, the clarity of the urgency of Fintech regulation can further convince the public that their interests are well protected. Therefore, the government issued the urgency of regulating Financial Technology in Indonesia, including the Financial Services Authority Regulation (POJK), Law Number 8 of 1999 concerning Consumer Protection (UUPK), Law Number 21 of 2008 concerning Banking, Law Number 19 2016 Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning Electronic Systems and Transactions.