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Yulfasni Yulfasni
Fakultas Hukum, Universitas Andalas, Padang, Indonesia

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Pembatasan Kebebasan Berkontrak pada Perjanjian tidak Bernama dalam Bentuk Akta Notaris Fatma Devi; Busyra Azheri; Yulfasni Yulfasni
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.861

Abstract

This paper aims to determine control as freedom of contract in the system and the company's position in the engagement. The method uses normative juridical with primary and secondary data. Agreements or commonly called contracts in Indonesia, there are two types of classification when distinguished by name, namely name or name agreements and nameless agreements or named names. The two groups have their own definitions, requirements, elements and legal basis. Unnamed agreements generally grow and develop in society and in practice there are still those that do not have clear arrangements because anonymous agreements are legally recognized by law for their existence as a consequence of the form of agreements in Indonesia which are written and unwritten. The terms of the validity of the agreement, both subjective terms and objective terms, are generally applicable for nameless agreements and nameless agreements. Article 1338 of the Civil Code is the main pillar of the principle of freedom of contract, although in practice it is not free in the true sense, but free with limitations. The agreement made by the parties can be in the form of a private deed or an authentic deed, namely in the form of a Notary Deed and a private deed. The existence of an obligation to the public that certain contracts must follow the rules that have been determined by both the official who made it is one of the efforts for the state to have uniformity and ease of supervision or implementation. The role of a notary in making an anonymous deed agreement in a notarized deed is very useful and has perfect evidentiary power, both formal and material. A notary is a public official who frames the agreement of both parties or more, to make a deed agreement in the form of a notarial deed. The notary must pay attention to the clauses that are prohibited by law and must comply with the things that have been regulated by law.
Perlindungan Hukum Terhadap Konsumen Pengguna Pinjaman Online Berbasis Financial Technology oleh Otoritas Jasa Keuangan Fakhri Yulenrivo; Busyra Azheri; Yulfasni Yulfasni
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.927

Abstract

Online loans are a common thing that occurs among the wider community today, one of which is legal and illegal online loans. The easy conditions for applying for a loan make many people tempted to apply for a loan, where with just a photo of their KTP and filling in their data, everyone can easily get funds quickly. OJK is an independent organization, free from interference from other parties, whose function is to provide an integrated regulatory and supervisory system for all activities in the financial services sector as well as providing legal defense as regulated in OJK Law no. 21/2011 Articles 28, 29, and 30. As well as in POJK No. 31/2020 and POJK No. 6/2022. The method in this research uses a normative and qualitative approach. The main data in this research is secondary data obtained from library materials or literature that is related to the research object. The research results obtained: 1. Legal protection for consumers using online loans based on financial technology in the laws and regulations that can be implemented, namely: preventive and repressive legal protection. 2. Legal/licensed online loans are under the supervision of the OJK and regulated by POJK Number 10/POJK.05/2022 concerning Information Technology-Based Joint Funding Services (POJK 10/2022).