Pub Date : 2023-11-02DOI: 10.25041/fiatjustisia.v17no3.2967
Ayup Suran Ningsih
A dispute is a problem submitted by the Customer or Customer Representative to the bank mediation organizer, after going through the complaint resolution process by the Bank. When the customer feels that the problem is not resolved through Complaint to the Bank, a dispute is born here. Disputes between the Bank and the Customer are inevitable because of the legal relationship between the two. Dispute resolution solutions are carried out through litigation or court and non-litigation channels. One of the best steps in resolving disputes between banks and customers is through Mediation which is facilitated by the Alternative Insitutions on Dispute Settlement For Financial Services Sector/Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (LAPS SJK). The purpose of writing this article is to examine the optimization of the role of mediation for banking disputes. The settlement process at LAPS for the Financial Services Sector is confidential. The term confidential here means that the announcement is not announced. It prioritizes a win-win solution. Therefore it is more comfortable for the parties. Ultimately there will also be able to maintain consumer confidence in the financial services sector.
争议是客户或客户代表在经过银行投诉解决程序后向银行调解机构提交的问题。当客户觉得问题没有通过向银行投诉得到解决时，纠纷就产生了。由于银行与客户之间的法律关系，银行与客户之间的纠纷不可避免。通过诉讼或法院和非诉讼渠道进行争议解决。解决银行和客户之间纠纷的最佳步骤之一是通过调解，这是由金融服务部门争端解决替代机构/Lembaga Alternative Penyelesaian senketa Sector Jasa Keuangan (LAPS SJK)促进的。撰写本文的目的是研究银行纠纷调解作用的优化。LAPS对金融服务部门的结算过程是保密的。这里的“机密”一词是指未公布的公告。它优先考虑双赢的解决方案。因此，这对各方来说更舒适。最终也将能够维持消费者对金融服务业的信心。
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Pub Date : 2023-10-19DOI: 10.25041/fiatjustisia.v17no3.3096
Nyoman Sujana
This paper analyzes the settlement of palas marabian or divorce cases in Bali. This study focuses on the implication of the settlement of divorce cases settled by the Balinese Customary Law and the National Marriage Law, especially for those whose marriages have not been registered. By using the sociological jurisprudence study method, a method emphasizing the study of the law applied in a particular society, it could be explained that the divorce of the married couple whose marriage was not registered got difficulty in obtaining legal certainty from the authority of their village or Banjar. This was due to the disharmony on the rules of the Balinese customary law and state law of Indonesia. The Leaders of the traditional villages in Bali who carried out the awig-awig (the customary law of the traditional village) could not make any settlement process sine there was no decision from the court of permanent legal force (state law). On the other hand, state law implemented by court judges would not be able to accept the divorce claim if the marriage of the couple was not registered, even though the marriage was carried out and proved according to custom and religion process. As a result, the justice seekers could not get legal certainty. This condition brought implications for the divorcees’ social lives.
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Pub Date : 2023-09-26DOI: 10.25041/fiatjustisia.v17no3.2636
Iskandar Muda, Bintan R. Saragih, Ferry Edwar
At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.
{"title":"Constitutional Authority Based on the Constitutional Court Decision in Indonesia","authors":"Iskandar Muda, Bintan R. Saragih, Ferry Edwar","doi":"10.25041/fiatjustisia.v17no3.2636","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no3.2636","url":null,"abstract":"At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.","PeriodicalId":29649,"journal":{"name":"Fiat Justisia","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134957917","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 : 2023-09-22DOI: 10.25041/fiatjustisia.v17no3.2708
Yenny Febrianty, Joko Sriwidodo, Priyaldi Priyaldi
Local governments structure legislation into a policy rule regarding the protection of local wisdom that must be carried out due to globalization. Globalization is something that cannot be avoided. Its influence can become a problem or negatively impact fading cultural identity if the community wrongly addresses it. This is different if the community and local government can respond positively to globalization because this can increase the community's cultural identity. This paper focuses on the study of how local government policies maintain cultural traditions as a pearl of local wisdom? and what is the paradigm of the local government in establishing regional regulations regarding the protection of local wisdom. The approach method utilized is a socio-legal or socio-juridical approach. This research was carried out in the city of Pariaman, West Sumatra. The research data, both primary and secondary data, were analyzed qualitatively. Based on the research result, the concrete paradigm of the Regional Government in protecting the values of local wisdom is a regional legislation on safeguarding indigenous culture as a Pariaman community's local wisdom. It can be interpreted that the Regional Regulation is a concrete agreement towards the ideal concept of protecting local wisdom in the Pariaman community. The ideal concept seen from the substantive values of protecting Local wisdom's worth in the Pariaman community must be founded on sociological, philosophical, and legal considerations. These three factors prioritize or rank the values within this local wisdom.
{"title":"Establishing Regional Regulations for the Protection of Local Wisdom","authors":"Yenny Febrianty, Joko Sriwidodo, Priyaldi Priyaldi","doi":"10.25041/fiatjustisia.v17no3.2708","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no3.2708","url":null,"abstract":"Local governments structure legislation into a policy rule regarding the protection of local wisdom that must be carried out due to globalization. Globalization is something that cannot be avoided. Its influence can become a problem or negatively impact fading cultural identity if the community wrongly addresses it. This is different if the community and local government can respond positively to globalization because this can increase the community's cultural identity. This paper focuses on the study of how local government policies maintain cultural traditions as a pearl of local wisdom? and what is the paradigm of the local government in establishing regional regulations regarding the protection of local wisdom. The approach method utilized is a socio-legal or socio-juridical approach. This research was carried out in the city of Pariaman, West Sumatra. The research data, both primary and secondary data, were analyzed qualitatively. Based on the research result, the concrete paradigm of the Regional Government in protecting the values of local wisdom is a regional legislation on safeguarding indigenous culture as a Pariaman community's local wisdom. It can be interpreted that the Regional Regulation is a concrete agreement towards the ideal concept of protecting local wisdom in the Pariaman community. The ideal concept seen from the substantive values of protecting Local wisdom's worth in the Pariaman community must be founded on sociological, philosophical, and legal considerations. These three factors prioritize or rank the values within this local wisdom.","PeriodicalId":29649,"journal":{"name":"Fiat Justisia","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061161","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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