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This Author published in this journals
All Journal The International Journal of Politics and Sociology Research Jurnal Indonesia Sosial Teknologi
Sari Mandiana
Universitas Pelita Harapan, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical analysis of legal protection for online fintech debtors “Cash Maju” Monica Maya Franscisca; Sari Mandiana; Andyna Susiawati Achmad
The International Journal of Politics and Sociology Research Vol. 11 No. 2 (2023): September: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i2.169

Abstract

Cash Maju is one of the Fintech Lending Applications that offers accounts receivable online. In the implementation of online accounts receivable practices, it should be in accordance with the provisions of POJK Number 10 of 2022. Data collection is carried out by researching library materials or secondary materials. The approach taken is through the Law (statute approach) by examining each related Law and regulation, and through a conceptual approach, which is an approach carried out by looking at the doctrines of legal experts contained in the literature. The results of the analysis of this final project show that the establishment of online loans should obtain a business license from the OJK in accordance with the provisions of Article 8 of POJK Number 10 of 2022. Cash Maju is an illegal lending and borrowing application and can be subject to PMH in Article 1365 of the Civil Code. The agreement between Cash Maju and debtor Asep Sunandar is an invalid agreement because it violates the fourth condition of 1320 of the Civil Code. Cash Maju's action of disseminating Asep Sunandar's personal data is defamation as stated in Article 27 of the ITE Law so that Asep Sunandar gets legal protection from the ITE Law.
Corporate Criminal Law Liability in Corruption Crimes Based on Perma RI Number 13 of 2016 Ibnu Aburizal Nashruddien Ms; Sari Mandiana; Jusup Jacobus Setyabudhi
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 7 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i7.1229

Abstract

In Indonesian law, both individuals and legal entities such as corporations are recognized as legal subjects. Corporations, which are governed by civil law, are now increasingly associated with crime, particularly Corporate Crime. Although initially disputed, it is now accepted that legal entities can be involved in criminal acts and that corporations should be held accountable for their unlawful actions. Corporate Crime encompasses situations where corporations break the law for their benefit, often in disregard of applicable regulations and norms. This development marks a shift in criminal law from targeting individuals to also holding corporations accountable. Therefore, principles such as Vicarious Liability and Strict Liability become the basis for establishing legal liability for corporations. These principles ensure that corporations are responsible for their actions, similar to the liability imposed on individuals. Since the legal construction in Perma RI No. 13 Year 2016 is different from individuals, corporations require specific legal principles to regulate their liability. Concepts such as Vicarious Liability, Strict Liability, and others become important pillars in imposing responsibility on corporations. Recognizing corporations as perpetrators of criminal acts shows the evolution of the legal system to adjust to the complexity of modern business practices and uphold justice in an ever-changing society.
Co-Authors Andyna Susiawati Achmad Ibnu Aburizal Nashruddien Ms Jusup Jacobus Setyabudhi Monica Maya Franscisca