Yuridika最新文献_第3页

The Role Of The Financial Services Authority In Setting The Interest Rate For Financial Technology Loans As Consumer Protection Of Financial Services 金融服务管理局在设定金融科技贷款利率中的作用:金融服务的消费者保护

Yuridika Pub Date : 2023-05-01 DOI: 10.20473/ydk.v38i2.40064

Sri Astutik, Irawan Soerodjo

{"title":"The Role Of The Financial Services Authority In Setting The Interest Rate For Financial Technology Loans As Consumer Protection Of Financial Services","authors":"Sri Astutik, Irawan Soerodjo","doi":"10.20473/ydk.v38i2.40064","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.40064","url":null,"abstract":"The development of modern business in the digital era in the services of non-bank financial institutions, which provides convenience and acceleration in services to consumers of financial services is Financial Technology. Peer-to-peer lending is a fintech product that provides loans to debtors at high interest rates. The maximum loan interest rate set by the Indonesian Joint Funding Fintech Association (AFPI) is 0.8% per day. This determination is very burdensome for the debtor as a consumer of financial services, so there needs to be protection and regulation by the authorized institution. This normative legal research aims to determine the role of the Financial Services Authority in determining the Financial Technology Loan Interest Rate as the Protection of Financial Services Consumers. The results of this study, that the role of the Financial Services Authority as an institution that has the authority to regulate and supervise bank and non-bank financial institutions, has issued Financial Services Authority Regulation no. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. In the POJK, OJK does not set loan interest rates. Peer-to-peer fintech lending providers are encouraged to offer reasonable interest rates and are still within a reasonable range.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41570513","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

Corporate Criminal Liability in Procurement of Goods and Services in Hospital 医院货物和服务采购中的企业刑事责任

Yuridika Pub Date : 2023-05-01 DOI: 10.20473/ydk.v38i2.43674

Meity Ardiana, Adriano Adriano, Kurniadi Doni, Yulianto Yulianto

{"title":"Corporate Criminal Liability in Procurement of Goods and Services in Hospital","authors":"Meity Ardiana, Adriano Adriano, Kurniadi Doni, Yulianto Yulianto","doi":"10.20473/ydk.v38i2.43674","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.43674","url":null,"abstract":"Procurement of goods and services for the benefit of the government is one of the tools to drive the wheels of economy in order to improve the national economy in order to create people's welfare and improve the quality of human resources. However, there are many problems in the implementation of the goods and services procurement program, such as mark-ups that exceeded the limit and law enforcement which was considered problematic, this resulted in the difficulty of determining which administrators were responsible for violations in the procurement of goods and services, given the complex form of management in a corporation that raises doubts about the possibility of the corporation to be held criminally liable and sentenced. Especially in hospitals which, at every level, every subject who carries out their duties and functions, can represent the hospital as a corporation. This article discusses corporate criminal responsibility for violations committed by Directors, Budget User Authorities, procurement committees and/or project executors in the procurement of goods and services in hospitals. This study will answer how is the criminal responsibility for violations committed by the Director and Committee in the procurement of goods and services at the Hospital and how is corporate criminal responsibility towards third parties for violations committed in the procurement of goods and services at the Hospital. The method used is qualitative and the approaches used are statute, conceptual, and case.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46086825","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: 1

Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System 规范法院管辖权以保护弱势方：印尼民事司法系统综述

Yuridika Pub Date : 2023-05-01 DOI: 10.20473/ydk.v38i2.43835

Sujayadi Sujayadi, Tata Wijayanta, Herliana Herliana, Martin Wolff

引用次数: 0

Reformulation of Age Limit for Criminal Liability Child Narcotics Dealer 儿童毒贩刑事责任年龄限制的改革

Yuridika Pub Date : 2023-05-01 DOI: 10.20473/ydk.v38i2.47052

Thesar Yudi Prasetya, Didik Endro Purwoleksono, Astutik

{"title":"Reformulation of Age Limit for Criminal Liability Child Narcotics Dealer","authors":"Thesar Yudi Prasetya, Didik Endro Purwoleksono, Astutik","doi":"10.20473/ydk.v38i2.47052","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.47052","url":null,"abstract":"This article that uses and is based on applicable laws and principles. The legal and regulatory approach is carried out by examining legal provisions, in particular, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2009 concerning Narcotics, and other related regulations to determine and find out the age of a child before the law. relevant in national criminal law. Based on the above approach, the results of the discussion of this study are: Children in conflict with the law are children who are 12 years old but have not reached the age of 18 who are suspected of committing a crime. This definition was derived from a law known as the Law on the Juvenile Criminal Justice System (UU SPPA), which replaced the law known as the Law on Juvenile Courts. As a result of this definition, it is clear that the Legislature has reached a consensus that the age of eight is an inappropriate age for a person to be held accountable for actions they have committed. In terms of handling narcotics cases, especially children as dealers, the prosecutor's attention is needed to better control the results of investigations conducted by the police so that they can catch perpetrators of child narcotics dealers to uncover a large network of narcotics dealers. Until now there has been no study or regulation that specifically regulates the prosecutor's authority to control the results of investigations by the police to be able to catch perpetrators of child narcotics dealers to uncover the large network of narcotics dealers behind them.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47178513","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 Financial Balance Policy Between Central and Local Government: Toward More Just Financial Allocation 中央与地方财政平衡政策:走向更公平的财政分配

Yuridika Pub Date : 2023-05-01 DOI: 10.20473/ydk.v38i2.42904

M. F. Akbar, Irvan Mareto, Alfido Fiqri, Arsy Adhiem, Ayi Dudi Firdaus, Adriana Maisarah, Mohd Farid, Fabian Akbar

引用次数: 0

Old Well Management from Investment Law Perspective 投资法视角下的老井管理

Yuridika Pub Date : 2023-05-01 DOI: 10.20473/ydk.v38i2.43924

Sang Ayu, Putu Rahayu, Rahayu Fery Anitasari, Mia Pitaloka, Krisna Putri, Anak Agung, Ayu Diah, Ayu Putu Rahayu

{"title":"Old Well Management from Investment Law Perspective","authors":"Sang Ayu, Putu Rahayu, Rahayu Fery Anitasari, Mia Pitaloka, Krisna Putri, Anak Agung, Ayu Diah, Ayu Putu Rahayu","doi":"10.20473/ydk.v38i2.43924","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.43924","url":null,"abstract":"Upstream oil and gas business activities are exploration and exploitation activities carried out by cooperation contract contractors ( KKKS) in a work area with a cooperation contract, which in this case uses the type of PSC. In a working space, a part of the field is not cultivated by KKKS, which is commonly called an Old Well. Factually Old Well management regulations still need amendments and updates to developments, especially in upstream oil and gas contracts, which have now been switched to gross split PSC. This study adopted a normative method, with data sources drawn from primary and secondary legal materials. Ultimately, it is appropriate and reasonable to amend the management of Old Wells, considering that upstream business activities continue to develop and undergo changes. Therefore, understanding the old well management scheme, in line with regulatory changes in upstream oil and gas business activities, is essential. Furthermore, until now, what is still used is the type of operating cooperation (KSO) for old well management, but basically, the appropriate cooperation contract model to be used in the direction of Old Wells that can meet the needs of all parties involved in the type of profit-sharing contract, while still meeting the minimum clause requirements that must be in the Old Well management contract following the operational procedure guidelines (PTK) for the management of Old Wells. In this regard, the government should consider using a gross split production-sharing contract (PSC) scheme to manage oil and gas wells in Old Wells.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49575121","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

Criminal Social Work To Overcome Overcapacity In Post-Pandemic Prisons 克服疫情后监狱能力过剩的刑事社会工作

Yuridika Pub Date : 2023-01-01 DOI: 10.20473/ydk.v38i1.37962

M. Musa, Elsi Elvina, Evi Yanti

引用次数: 0

Legal Scope of Human Cloning: Comparative Analysis Between the United Kingdom and France 克隆人的法律适用范围：英国与法国的比较分析

Yuridika Pub Date : 2023-01-01 DOI: 10.20473/ydk.v38i1.38773

Wan Nurainun Najwa Sulaiman, Muh Endriyo Susila

{"title":"Legal Scope of Human Cloning: Comparative Analysis Between the United Kingdom and France","authors":"Wan Nurainun Najwa Sulaiman, Muh Endriyo Susila","doi":"10.20473/ydk.v38i1.38773","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.38773","url":null,"abstract":"\"Reproductive\" cloning and \"therapeutic\" or \"research\" cloning are both deliberate attempts to create humans that are genetically identical. Human reproductive cloning in general is prohibited by a number of international and regional agreements, including the Charter of Fukushima, the Additional Protocol of the Council of Europe to the Convention on Human Rights and Biomedicine, the World Health Organization resolutions on the implications of cloning for human health, and the Universal Declaration on the Human Genome and Human Rights. However, there are some countries that want to explore therapeutic cloning and cannot, therefore, support a general ban on cloning. This paper aims to review the legal position of human cloning in the UK and France and further compares the issue between the two countries. the legal position of human cloning in the UK and France, it is clear that both countries were initially against the idea and concept of human cloning in general. Human cloning is a much-needed technology, especially in these modern times. Every day we encounter new diseases and illnesses, so human cloning is essential to help us be better prepared for the future.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45804780","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

Indonesia’s Interests in the World Trade Organization and the Appellate Body Impasse: Questioning the Existence of Special and Differential Treatment 印度尼西亚在世界贸易组织中的利益和上诉机构的僵局:质疑特殊和差别待遇的存在

Yuridika Pub Date : 2023-01-01 DOI: 10.20473/ydk.v38i1.38933

Setyo Utomo

{"title":"Indonesia’s Interests in the World Trade Organization and the Appellate Body Impasse: Questioning the Existence of Special and Differential Treatment","authors":"Setyo Utomo","doi":"10.20473/ydk.v38i1.38933","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.38933","url":null,"abstract":"The World Trade Organization’s role in resolving international trade disputes is crucial, particularly in multilateral trade, which continues to grow alongside information disclosure and technology advancements. Dispute settlement systems often depend on the existence of the World Trade Organization’s Appellate Body. However, in 2019, the United States prevented new members from joining this body, resulting in dysfunction and instability. Moreover, in 2020, the term of the last sitting Appellate Body member expired. As members of the World Trade Organization, Indonesia and other developing nations receive preferential treatment, which frequently backfires when dealing with developed nations. The special and differential treatment provided to developing nations is supposed to minimize the distinctions between developed and developing nations. This study identified possible actions that Indonesia and other developing nations could take to put an end to the World Trade Organization’s impasse. To do this, they could use non-alignment diplomacy and waive their special and differential treatment. Both a conceptual approach and a literature review were used in this study.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47190148","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

Interfaith Marriage in Indonesia: a Critique of Court Verdicts 印度尼西亚的跨宗教婚姻:对法院判决的批判

Yuridika Pub Date : 2023-01-01 DOI: 10.20473/ydk.v38i1.38099

M. A. Aiyub Kadir, Fachrian Rzki

引用次数: 3