Fiat Justisia最新文献

Alternative Insitutions on Dispute Settlement For Financial Services Sector (LAPS SJK) in Banking Disputes 银行纠纷中金融服务部门争端解决的替代制度(LAPS SJK)

Fiat Justisia Pub Date : 2023-11-02 DOI: 10.25041/fiatjustisia.v17no3.2967

Ayup Suran Ningsih

{"title":"Alternative Insitutions on Dispute Settlement For Financial Services Sector (LAPS SJK) in Banking Disputes","authors":"Ayup Suran Ningsih","doi":"10.25041/fiatjustisia.v17no3.2967","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no3.2967","url":null,"abstract":"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.","PeriodicalId":29649,"journal":{"name":"Fiat Justisia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135875721","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}

引用次数: 0

The Implication of the Divorce of Unregistered Marriages for Divorcees’ in Bali: Assessing Status, Right and Duty 未登记婚姻离婚对巴厘岛离婚者的启示:地位、权利和义务的评估

Fiat Justisia Pub Date : 2023-10-19 DOI: 10.25041/fiatjustisia.v17no3.3096

Nyoman Sujana

{"title":"The Implication of the Divorce of Unregistered Marriages for Divorcees’ in Bali: Assessing Status, Right and Duty","authors":"Nyoman Sujana","doi":"10.25041/fiatjustisia.v17no3.3096","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v17no3.3096","url":null,"abstract":"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.","PeriodicalId":29649,"journal":{"name":"Fiat Justisia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135730252","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}

引用次数: 0

Constitutional Authority Based on the Constitutional Court Decision in Indonesia 基于印尼宪法法院判决的宪法权威

Fiat Justisia Pub Date : 2023-09-26 DOI: 10.25041/fiatjustisia.v17no3.2636

Iskandar Muda, Bintan R. Saragih, Ferry Edwar

引用次数: 0

Establishing Regional Regulations for the Protection of Local Wisdom 制定地方智慧保护条例

Fiat Justisia Pub Date : 2023-09-22 DOI: 10.25041/fiatjustisia.v17no3.2708

Yenny Febrianty, Joko Sriwidodo, Priyaldi Priyaldi

{"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":null,"pages":null},"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}

引用次数: 0