Setiawan Wicaksono, Setiawan
Fakultas Hukum Universitas Brawijaya, Malang, Indonesia

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Journal : Warkat

Analisis Yuridis Asas Keseimbangan dalam Klausula Baku Aplikasi Shopee: Juridical Analysis of the Principle of Balance in the Standard Clauses of the Shopee Application Olivia Nabila Sambas; Setiawan Wicaksono; Prawatya Ido Nurhayati
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.4

Abstract

This research aims to find out the standard clauses in the Shopee application service conditions that fulfill the principle of balance in contract law. The principle of balance requires that the parties to an agreement have an equal position in having rights and carrying out obligations. However, in practice, especially the inclusion of standard clauses implemented between Shopee and traders does not fulfill the principle of balance. This is due to the unequal position between Shopee and traders where Shopee has an economic advantage which is marked by Shopee's existence as one of the largest marketplaces in Indonesia and the most sought after by traders to offer their products. On the other hand, traders are positioned as weak parties in the agreement because the take it or leave it principle applies. The clause that attracts the author's attention is the clause that states the user's submission to any additional rules that apply in the future and are determined unilaterally by Shopee. One example is Shopee's action of automatically including merchants in the Free Shipping program, where the included merchants do not necessarily want to take part in the program because there are other costs that must be incurred. These unilateral decisions then bring various material losses to traders. This type of research is normative juridical using a statutory approach method by means of literature study to collect information regarding standard clauses and the principle of balance. The data analysis used by the author is a systematic interpretation carried out by interpreting the law as a unified system. Based on the results of this research, it can be seen that the standard clauses in Shopee's terms of service do not fulfill the principle of balance both in terms of forming and implementing the agreement.
Batasan Kewenangan Otoritas Jasa Keuangan Terhadap Lembaga Keuangan Mikro Berbentuk Badan Hukum Koperasi Simpan Pinjam dalam Hal Terjadi Gagal Bayar: Limitations of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Savings and Loans Cooperative Legal Entities in the Event of Default Dwinoven Lumban Tobing; Reka Dewantara; Setiawan Wicaksono
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.1

Abstract

The rapidly increasing growth of the Indonesian economy has influenced the monetary system in State Financial Institutions, especially institutions operating in the financial services sector which provide services to the public in collecting funds. The independent institution that is responsible for providing supervision and regulation in the financial services sector is the Financial Services Authority so that this regulation will be discussed by the author in his research regarding the Limits of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Cooperative Legal Entities in the Event of Default and whether the OJK can provide legal protection in overcoming these problems as an independent institution operating in the financial services sector. This research is normative juridical legal research by examining and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the OJK using a case approach that occurred in the Indosurya Cipta Savings and Loans Cooperative which experienced a state of default. OJK has the authority to grant business permits to MFIs before carrying out their business activities and carry out guidance, regulation and supervision of MFIs as contained in the provisions of Law Number 1 of 2013 concerning Microfinance Institutions. This regulation gives authority to the OJK in licensing, regulating and supervising MFIs where the establishment of an MFI with a Cooperative legal entity consists of establishing and ratifying a Cooperative legal entity by the Ministry of Cooperatives and Small and Medium Enterprises as well as submitting an MFI business application to the OJK. OJK's authority over MFIs in the form of cooperative legal entities is in line with the system of delegation of authority by the Ministry of Cooperatives and SMEs, Regency/City Regional Governments, and OJK.