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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Abdi Laksana
Anggraeni, RR. Dewi
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Law, Crime, Criminology & Criminal Justice

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Journal : Jurnal IUS (Kajian Hukum dan Keadilan)

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The Debtor’s Liability For The Loading Of Personal Security In Indonesia Anggraeni, RR. Dewi; Imanuddin, Iman; Purmanto, Purmanto
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1180

Abstract

This study aims to find out the legal liability as well as the judge’s consideration of personal guarantees in the case of debtors who are declared bankrupt based on act number 37/2004.. The research method used is the normative juridical method, using library data. The results of this study indicate that in personal guarantee liability, there are two different agreements but closely related to each other, namely the guaranteed principal agreement and the personal guarantee agreement as a guarantee of the main agreement. In the personal guarantee agreement, besides the main agreement, there is also an accessory agreement where a personal guarantee serves the obligations. Personal guarantee in this bankruptcy case is the debtor from the obligation to pay off the debt. The personal guarantee assets will only be used to the return of the debts to creditors when the property has been confiscated and auctioned. However, the proceeds are not sufficient to pay the debt. This could be due to the debtor having two or more creditors and not paid off at least one overdue debt and can be collected.
Construction of Consumer Protection Against Illegal Online Loan Transactions As a Means of IUS Constituendum in Indonesia Imanuddin, Iman; Anggraeni, RR. Dewi; Fridayani; Susanto
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1312

Abstract

The rise of illegal online loans has caused a lot of harm to consumers. Some argue that the OJK as a regulator in the field of financial services is considered incapable of protecting consumers. The research method, normative juridical approach with laws and regulations analyzed qualitatively. The conclusions obtained are, first, the regulation of consumer legal protection for online loans according to Indonesian law is carried out by applying the principles of transparency, fair treatment, reliability, confidentiality, and security of consumer data/information. Second, legal protection for online loan recipients is carried out preventively through regulation and supervision, as well as providing information and education to the public about the characteristics of illegal online loans. Repressive legal protection can be carried out by imposing administrative, civil, and criminal sanctions. Suggestions that can be conveyed are that the OJK needs to increase stricter supervision of online loan providers and that laws and regulations are needed that are higher than the existing laws and regulations.
Co-Authors Abdillah, Krisna Rizki Agus Salim Bambang Santoso Dhevita, Evi Dodi Setiawan Fridayani Imanuddin, Iman Purmanto, Purmanto Putra, Guntur Febia Tyson Santoso, Iman Teguh SUSANTO