Pub Date : 2023-12-07DOI: 10.15294/lesrev.v7i2.70577
Nguyen Chi Thang
In the recent years, Vietnam's attraction to foreign investment capital has increased rapidly. As a result, the disputes in the field of foreign investment have emerged more frequently. The fact that a dispute occurs between the government of the host country and a foreign investors, regardless of its cause, will bring adverse consequences to both parties. Amicable settlement of such disputes is an important factor to improve the efficiency of foreign investment, maintaining the trust between the host country and foreign investors. Therefore, stipulating commitments on the dispute settlement mechanism for international investment in multilateral free trade agreements such as Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Vietnam - EU Investment Protection Agreement (EVIPA), and Regional Comprehensive Economic Partnership (RCEP) are indispensable. Therefore, in this context, the paper studies the investor-state dispute settlement (ISDS) mechanism in new-generation free trade agreements to which Vietnam is a member, namely EVIPA, CPTPP, RCEP; accordingly, the paper proposes some recommendations to Vietnam.
{"title":"Investor-State Dispute Settlement Mechanism in Vietnam’s New Generation Free Trade Agreements – Challenges and Recommendations","authors":"Nguyen Chi Thang","doi":"10.15294/lesrev.v7i2.70577","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.70577","url":null,"abstract":"In the recent years, Vietnam's attraction to foreign investment capital has increased rapidly. As a result, the disputes in the field of foreign investment have emerged more frequently. The fact that a dispute occurs between the government of the host country and a foreign investors, regardless of its cause, will bring adverse consequences to both parties. Amicable settlement of such disputes is an important factor to improve the efficiency of foreign investment, maintaining the trust between the host country and foreign investors. Therefore, stipulating commitments on the dispute settlement mechanism for international investment in multilateral free trade agreements such as Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Vietnam - EU Investment Protection Agreement (EVIPA), and Regional Comprehensive Economic Partnership (RCEP) are indispensable. Therefore, in this context, the paper studies the investor-state dispute settlement (ISDS) mechanism in new-generation free trade agreements to which Vietnam is a member, namely EVIPA, CPTPP, RCEP; accordingly, the paper proposes some recommendations to Vietnam.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"19 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138591518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.15294/lesrev.v7i2.69847
Nurin Athirah Mohd Alam Shah, M. Nasrul, Devi Seviyana
The Employee Provident Fund (EPF) was established Under the Employees Provident Fund Act 1991 (EPF Act 1991) as a social security organisation that offers members with trustworthy and efficient savings management, and it is open to both di personnel. In contrast, the Private Pension Administrator (PPA) developed the Private Retirement Scheme (PRS), a retirement programme, to address retiree' insufficient resources for meeting their retirement expenses in light of rising living standards and longer life expectancies. Having to see the similar aspects between EPF and PRS in terms of creating a savings and their importance towards securing certain degree of comfort to retirees , this study seeks to make a comparative analysis between the two. The researcher employs a qualitative approach, by conducting a library-based research on the relevant materials including, but not limited to statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings, and seminar papers. The findings show that both are identical in certain regards despite having distinctive features and could greatly benefit not only the account holder, but also serve as a potential inheritance estate to his beneficiaries, subject to the effect of its nomination. it is believed that efforts should be bolstered by the stakeholders in creating more awareness regarding the importance of contributing in EPF or PRS.
{"title":"Comparative Analysis Between Employees Provident Fund (EPF) & Private Retirement Scheme (PRS) in Malaysia","authors":"Nurin Athirah Mohd Alam Shah, M. Nasrul, Devi Seviyana","doi":"10.15294/lesrev.v7i2.69847","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.69847","url":null,"abstract":"The Employee Provident Fund (EPF) was established Under the Employees Provident Fund Act 1991 (EPF Act 1991) as a social security organisation that offers members with trustworthy and efficient savings management, and it is open to both di personnel. In contrast, the Private Pension Administrator (PPA) developed the Private Retirement Scheme (PRS), a retirement programme, to address retiree' insufficient resources for meeting their retirement expenses in light of rising living standards and longer life expectancies. Having to see the similar aspects between EPF and PRS in terms of creating a savings and their importance towards securing certain degree of comfort to retirees , this study seeks to make a comparative analysis between the two. The researcher employs a qualitative approach, by conducting a library-based research on the relevant materials including, but not limited to statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings, and seminar papers. The findings show that both are identical in certain regards despite having distinctive features and could greatly benefit not only the account holder, but also serve as a potential inheritance estate to his beneficiaries, subject to the effect of its nomination. it is believed that efforts should be bolstered by the stakeholders in creating more awareness regarding the importance of contributing in EPF or PRS. \u0000 ","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"57 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138593176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.15294/lesrev.v7i2.72156
M. Mukhlis, Raphael D. Jackson-Ortiz, M. Jufri, Evis Garunja, P. Aidonojie
Heretofore, Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Nang-krenang Village, Omben Sub-district, Sampang District, Madura Island, and even though they have pledged repentance to return to Sunni teachings on November 5, 2020. Sampang's community and religious leaders still need proof of their seriousness in returning to Sunni teachings and want to ensure the spoken pledge is not part of the 'taqiyah'. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? Second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research used empirical legal research methods with legal sociological and legal anthropological approaches. The research results included: First, the existence of these former Shia adherents should be positioned as victims of acts of violence and violations of religious rights and freedoms, not as guilty parties. They were considered to be embracing a deviant religious sect. Second, the rejection of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.
{"title":"Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia","authors":"M. Mukhlis, Raphael D. Jackson-Ortiz, M. Jufri, Evis Garunja, P. Aidonojie","doi":"10.15294/lesrev.v7i2.72156","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.72156","url":null,"abstract":"Heretofore, Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Nang-krenang Village, Omben Sub-district, Sampang District, Madura Island, and even though they have pledged repentance to return to Sunni teachings on November 5, 2020. Sampang's community and religious leaders still need proof of their seriousness in returning to Sunni teachings and want to ensure the spoken pledge is not part of the 'taqiyah'. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? Second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research used empirical legal research methods with legal sociological and legal anthropological approaches. The research results included: First, the existence of these former Shia adherents should be positioned as victims of acts of violence and violations of religious rights and freedoms, not as guilty parties. They were considered to be embracing a deviant religious sect. Second, the rejection of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"25 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138591824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.15294/lesrev.v7i2.75347
Pratama Herry Herlambang, Y. Utama, Aju Putrijanti, Silvan Susanto Prayogo
Land subsidence poses a significant environmental challenge globally, fueled mainly by anthropogenic activities such as excessive groundwater extraction, rampant overdevelopment, and alterations in soil geological structures. This issue has far-reaching consequences, including infrastructure deterioration, heightened flood vulnerabilities, and severe threats to both the environment and local communities. The city of Jakarta, Indonesia, has experienced a particularly pronounced impact from land subsidence since the 1980s. This study delves into the governmental responses of Indonesia and Japan to address the complex problem of land subsidence, emphasizing their adherence to principles of good governance, including transparency, accountability, and community engagement. The analysis scrutinizes various aspects of policy development, stakeholder participation, funding mechanisms, technological innovations, and the overall efficacy of these measures in mitigating land subsidence. Through a comparative lens, the research seeks to unearth effective strategies and successful policy implementations in both nations. The methodology employed adopts a normative approach, scrutinizing concepts, norms, principles, legal frameworks, and ethical considerations associated with land subsidence policies within the context of good governance. This research contributes to a holistic comprehension of land subsidence management, providing valuable insights into the effectiveness of policies aimed at addressing this critical environmental challenge.
{"title":"Land Subsidence Policy in the Context of Good Governance Principles (Comparing Indonesia and Japan)","authors":"Pratama Herry Herlambang, Y. Utama, Aju Putrijanti, Silvan Susanto Prayogo","doi":"10.15294/lesrev.v7i2.75347","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.75347","url":null,"abstract":"Land subsidence poses a significant environmental challenge globally, fueled mainly by anthropogenic activities such as excessive groundwater extraction, rampant overdevelopment, and alterations in soil geological structures. This issue has far-reaching consequences, including infrastructure deterioration, heightened flood vulnerabilities, and severe threats to both the environment and local communities. The city of Jakarta, Indonesia, has experienced a particularly pronounced impact from land subsidence since the 1980s. This study delves into the governmental responses of Indonesia and Japan to address the complex problem of land subsidence, emphasizing their adherence to principles of good governance, including transparency, accountability, and community engagement. The analysis scrutinizes various aspects of policy development, stakeholder participation, funding mechanisms, technological innovations, and the overall efficacy of these measures in mitigating land subsidence. Through a comparative lens, the research seeks to unearth effective strategies and successful policy implementations in both nations. The methodology employed adopts a normative approach, scrutinizing concepts, norms, principles, legal frameworks, and ethical considerations associated with land subsidence policies within the context of good governance. This research contributes to a holistic comprehension of land subsidence management, providing valuable insights into the effectiveness of policies aimed at addressing this critical environmental challenge.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"20 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138591403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.15294/lesrev.v7i2.73799
Baidhowi Baidhowi, Ahmad Rofiq, Ali Murtadho, Ahmad Zaharuddin Sabri Ahmad Sani
The positivization of DSN MUI's fatwa within Sharia Banking Law ensures compliance with sharia principles. This study examines how DSN MUI incorporates its fatwas into the law and the associated strategies. Using a descriptive qualitative approach with historical, normative, and philosophical methods, primary data include UUPS and MUI fatwas from 2000/2007, while secondary data encompass statutory theory and supportive materials. Findings reveal a methodical and democratic positivization process. Law No. 7 of 1992 marked the onset of Islamic banking via profit-sharing financing. Law No. 10 of 1998 introduced dual banking, while GBHN 1999 and the 1945 Constitutional Amendment further empowered the DPR. DSN MUI was established by MUI to implement Islamic economics. Up to 2007, DSN MUI issued 64 fatwas, formerly non-binding but now legally binding through legislative integration. Although MUI holds a central role in establishing sharia principles, its position remains extrinsic to institutional structures. UUPS designates MUI as a sharia authority (Article 26) and a mass organization simultaneously. DSN MUI plays a pivotal role in supervising sharia compliance in banking products. UUPS absorbs DSN MUI's fatwas, evident in clause alignment with the fatwas. Articles 26 and 32 delineate MUI's role in overseeing sharia compliance. In summary, positivization of DSN MUI's fatwa in Sharia Banking Law implements Islamic law in Indonesia by melding DSN MUI's supervision and determination of sharia principles in banking.
{"title":"Positivization of Fatwas of the National Sharia Council of the Indonesian Ulema Council in the Sharia Banking Law: Problems and Challenges","authors":"Baidhowi Baidhowi, Ahmad Rofiq, Ali Murtadho, Ahmad Zaharuddin Sabri Ahmad Sani","doi":"10.15294/lesrev.v7i2.73799","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.73799","url":null,"abstract":"The positivization of DSN MUI's fatwa within Sharia Banking Law ensures compliance with sharia principles. This study examines how DSN MUI incorporates its fatwas into the law and the associated strategies. Using a descriptive qualitative approach with historical, normative, and philosophical methods, primary data include UUPS and MUI fatwas from 2000/2007, while secondary data encompass statutory theory and supportive materials. Findings reveal a methodical and democratic positivization process. Law No. 7 of 1992 marked the onset of Islamic banking via profit-sharing financing. Law No. 10 of 1998 introduced dual banking, while GBHN 1999 and the 1945 Constitutional Amendment further empowered the DPR. DSN MUI was established by MUI to implement Islamic economics. Up to 2007, DSN MUI issued 64 fatwas, formerly non-binding but now legally binding through legislative integration. Although MUI holds a central role in establishing sharia principles, its position remains extrinsic to institutional structures. UUPS designates MUI as a sharia authority (Article 26) and a mass organization simultaneously. DSN MUI plays a pivotal role in supervising sharia compliance in banking products. UUPS absorbs DSN MUI's fatwas, evident in clause alignment with the fatwas. Articles 26 and 32 delineate MUI's role in overseeing sharia compliance. In summary, positivization of DSN MUI's fatwa in Sharia Banking Law implements Islamic law in Indonesia by melding DSN MUI's supervision and determination of sharia principles in banking.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"115 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138590716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-07DOI: 10.15294/lesrev.v7i2.71678
Iman Pasu Marganda Hadiarto Purba, Hanna Tabita Hasianna Silitonga, T. Tauran, Alifia Widianti
The Coronavirus Disease 2019 (COVID-19) pandemic in Indonesia can be concluded to have been resolved now. The Government was accelerating the vaccination process, ensuring the availability of health facilities for handling COVID-19 patients, including hospitals, oxygen, and ventilators, as well as the availability of drugs. One of the things that was still neglected is the handling of Long COVID sufferers. Therefore, the legal regulation of the right to health for long COVID sufferers during and after the COVID-19 pandemic in Indonesia must be examined. The research was conducted with normative legal research with a study approach to legislation and library research. State policy guarantees the fulfillment of the right to health through legal products (primary legal materials) reviewed and then described and analyzed in answering how to fulfill the right to health in Indonesia during the COVID-19 pandemic. As a result, the Indonesian Government has already ensured the fulfillment of the right to health of every citizen. However, fulfilling these rights of long COVID sufferers is still neglected, and no single legal product regulates health protection for long COVID sufferers in Indonesia.
{"title":"Legal Protection of The Right to Health for People with Long-term Health Impact due to Disaster in Indonesia","authors":"Iman Pasu Marganda Hadiarto Purba, Hanna Tabita Hasianna Silitonga, T. Tauran, Alifia Widianti","doi":"10.15294/lesrev.v7i2.71678","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.71678","url":null,"abstract":"The Coronavirus Disease 2019 (COVID-19) pandemic in Indonesia can be concluded to have been resolved now. The Government was accelerating the vaccination process, ensuring the availability of health facilities for handling COVID-19 patients, including hospitals, oxygen, and ventilators, as well as the availability of drugs. One of the things that was still neglected is the handling of Long COVID sufferers. Therefore, the legal regulation of the right to health for long COVID sufferers during and after the COVID-19 pandemic in Indonesia must be examined. The research was conducted with normative legal research with a study approach to legislation and library research. State policy guarantees the fulfillment of the right to health through legal products (primary legal materials) reviewed and then described and analyzed in answering how to fulfill the right to health in Indonesia during the COVID-19 pandemic. As a result, the Indonesian Government has already ensured the fulfillment of the right to health of every citizen. However, fulfilling these rights of long COVID sufferers is still neglected, and no single legal product regulates health protection for long COVID sufferers in Indonesia. ","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"30 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138593512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-30DOI: 10.15294/lesrev.v7i2.77670
Endang Wahyati Yustina, Marcella Elwina Simandjuntak, Mohamad Nasser, John D Blum, Sheilla M. Trajera
Marijuana (cannabis) as a therapeutic medication has been used and recognized as part of the health system in several countries. In contrast, marijuana in Indonesia is classified as a class I narcotic under Law Number 35 of 2009 on Narcotics, which is prohibited and cannot be used as medication. However, a detailed examination of the Narcotics Act reveals some loopholes and ambiguities that could be exploited to legalize marijuana as a medication to cure certain illnesses. The present study employs normative legal research, specifically a statutory approach, to justify using marijuana for medical purposes. In addition, a legal comparative method is also used in this study to analyze the use of medical marijuana in three ASEAN countries: Thailand, Malaysia, and Singapore. Despite having a reputation for having highly stringent regulations on narcotics, Indonesia can benefit from the experiences of other ASEAN nations, such as Singapore and Malaysia, who have legalized medical marijuana. This consideration is prompted by the fact that certain individuals have shared positive outcomes from using ‘illegal’ medical marijuana as a form of health treatment. However, it is disheartening to note that these individuals have also had to witness the unfortunate loss of their loved ones and, in some cases, face legal consequences such as imprisonment. Conducting comprehensive research on the use of medicinal marijuana in Indonesia is crucial to upholding the citizens' right to health, as the right to health is a significant component of human rights.
{"title":"Legalization of Medical Marijuana in Indonesia from the Human Rights Perspectives: Lessons Learned from Three ASEAN Countries","authors":"Endang Wahyati Yustina, Marcella Elwina Simandjuntak, Mohamad Nasser, John D Blum, Sheilla M. Trajera","doi":"10.15294/lesrev.v7i2.77670","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.77670","url":null,"abstract":"Marijuana (cannabis) as a therapeutic medication has been used and recognized as part of the health system in several countries. In contrast, marijuana in Indonesia is classified as a class I narcotic under Law Number 35 of 2009 on Narcotics, which is prohibited and cannot be used as medication. However, a detailed examination of the Narcotics Act reveals some loopholes and ambiguities that could be exploited to legalize marijuana as a medication to cure certain illnesses. The present study employs normative legal research, specifically a statutory approach, to justify using marijuana for medical purposes. In addition, a legal comparative method is also used in this study to analyze the use of medical marijuana in three ASEAN countries: Thailand, Malaysia, and Singapore. Despite having a reputation for having highly stringent regulations on narcotics, Indonesia can benefit from the experiences of other ASEAN nations, such as Singapore and Malaysia, who have legalized medical marijuana. This consideration is prompted by the fact that certain individuals have shared positive outcomes from using ‘illegal’ medical marijuana as a form of health treatment. However, it is disheartening to note that these individuals have also had to witness the unfortunate loss of their loved ones and, in some cases, face legal consequences such as imprisonment. Conducting comprehensive research on the use of medicinal marijuana in Indonesia is crucial to upholding the citizens' right to health, as the right to health is a significant component of human rights.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"155 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139205175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-30DOI: 10.15294/lesrev.v7i2.77881
A. Admiral, Mega Ardina Pauck
The rapid evolution of information and communication technology has driven diverse business and financial practices. Indonesia is at the forefront with high engagement in fintech online lending services, presenting challenges in safeguarding user data despite these platforms' convenience. This research aims to analyze the intricacies of protecting the personal data of users of online lending services in Indonesia and highlight the obstacles faced in this process. Using a normative legal approach combined with descriptive data analysis, this research examines the protection mechanism from the perspectives of users and online loan service providers. The research concluded that users should verify the legitimacy of online loan service providers by ensuring proper registration with the Financial Services Authority (OJK) of the Republic of Indonesia. In addition, users should carefully scrutinize and understand the terms and conditions of personal data protection before agreeing to an online loan agreement. Second, the main problems qualified as obstacles in this research related to the effectiveness of personal data protection in the context of online lending are at least influenced by three main elements that influence each other, especially those related to legal substance, legal structure, and legal culture. Based on this doctrine, it is found that in addition to legal uncertainty related to the guarantee of personal data protection rights on the one hand, on the other hand, the absence of specialized institutions related to personal data protection is one of the factors that affect the ineffectiveness of personal data protection in Indonesia related to online loans.
{"title":"Unveiling the Dark Side of Fintech: Challenges and Breaches in Protecting User Data in Indonesia’s Online Loan Services","authors":"A. Admiral, Mega Ardina Pauck","doi":"10.15294/lesrev.v7i2.77881","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.77881","url":null,"abstract":"The rapid evolution of information and communication technology has driven diverse business and financial practices. Indonesia is at the forefront with high engagement in fintech online lending services, presenting challenges in safeguarding user data despite these platforms' convenience. This research aims to analyze the intricacies of protecting the personal data of users of online lending services in Indonesia and highlight the obstacles faced in this process. Using a normative legal approach combined with descriptive data analysis, this research examines the protection mechanism from the perspectives of users and online loan service providers. The research concluded that users should verify the legitimacy of online loan service providers by ensuring proper registration with the Financial Services Authority (OJK) of the Republic of Indonesia. In addition, users should carefully scrutinize and understand the terms and conditions of personal data protection before agreeing to an online loan agreement. Second, the main problems qualified as obstacles in this research related to the effectiveness of personal data protection in the context of online lending are at least influenced by three main elements that influence each other, especially those related to legal substance, legal structure, and legal culture. Based on this doctrine, it is found that in addition to legal uncertainty related to the guarantee of personal data protection rights on the one hand, on the other hand, the absence of specialized institutions related to personal data protection is one of the factors that affect the ineffectiveness of personal data protection in Indonesia related to online loans.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"126 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139208044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-29DOI: 10.15294/lesrev.v7i2.76529
Rosyidi Hamzah, A. Admiral, Fadhel Arjuna Adinda, John Woodward
Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.
{"title":"Imperfect Information of Bankers Clause in Credit Agreements in Banking Institutions: Further Legal Impact","authors":"Rosyidi Hamzah, A. Admiral, Fadhel Arjuna Adinda, John Woodward","doi":"10.15294/lesrev.v7i2.76529","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.76529","url":null,"abstract":"Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"235 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139213279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study addresses the susceptibility to corruption within Indonesia's National Budget (APBN) in the Procurement of Goods and Services, emphasizing the potential for misallocation across regions. Significant scholarly contributions, particularly from researchers in Indonesia and international, set the stage for an in-depth exploration of preventive measures against public procurement corruption. Employing a Participatory Action Research (PAR) approach, this study integrates community solidarity into the corruption prevention model. Hybrid data collection methods, including questionnaires, interviews, and focus group discussions (FGDs), were employed. Emphasizing the critical role of e-procurement, the study advocates for its transparent and accountable application to deter corruption. To fortify prevention, the study recommends mandatory declarations from tender participants, coupled with an enhanced auction rebuttal mechanism throughout the procurement stages. This preventative framework also underscores the importance of civilian, academic, and journalistic supervision to anticipate corruption and conflicts of interest. Recognizing the nuanced nature of fraud patterns at the provincial level, the study suggests a region-specific approach to maximizing e-procurement. This regional focus aligns with the study's emphasis on the involvement of relevant agencies operating at the local level. In essence, this research contributes a targeted analysis to complement existing literature, aiming to curb corruption in public procurement through strategic preventive measures.
{"title":"Public Procurement Nexus Social for Mitigate the Corruption: Lesson from Indonesia","authors":"Satria Unggul Wicaksana Prakasa, A. Hariri, Hilman Syahrial Haq, Adhy Riadhy Arafah, Muallimin Mochammad Sahid","doi":"10.15294/lesrev.v7i2.72630","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.72630","url":null,"abstract":"This study addresses the susceptibility to corruption within Indonesia's National Budget (APBN) in the Procurement of Goods and Services, emphasizing the potential for misallocation across regions. Significant scholarly contributions, particularly from researchers in Indonesia and international, set the stage for an in-depth exploration of preventive measures against public procurement corruption. Employing a Participatory Action Research (PAR) approach, this study integrates community solidarity into the corruption prevention model. Hybrid data collection methods, including questionnaires, interviews, and focus group discussions (FGDs), were employed. Emphasizing the critical role of e-procurement, the study advocates for its transparent and accountable application to deter corruption. To fortify prevention, the study recommends mandatory declarations from tender participants, coupled with an enhanced auction rebuttal mechanism throughout the procurement stages. This preventative framework also underscores the importance of civilian, academic, and journalistic supervision to anticipate corruption and conflicts of interest. Recognizing the nuanced nature of fraud patterns at the provincial level, the study suggests a region-specific approach to maximizing e-procurement. This regional focus aligns with the study's emphasis on the involvement of relevant agencies operating at the local level. In essence, this research contributes a targeted analysis to complement existing literature, aiming to curb corruption in public procurement through strategic preventive measures.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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