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Richard Ratuwalu; Komsatun Komsatun; Sanny Dewayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The rapid growth of financial technology (fintech) Peer-to-Peer Lending (P2PL) in Indonesia has created both opportunities and challenges, particularly regarding debt collection practices by third parties (debt collectors). Such practices often result in violations of consumer rights, including intimidation, harassment, and breaches of privacy. To address these issues, the Financial Services Authority of Indonesia (OJK) issued Regulation No. 22 of 2023 on Consumer and Public Protection in the Financial Services Sector, which establishes legal standards for protecting fintech P2PL consumers. This study aims to analyze the regulation of debt collection by third parties under OJK Regulation No. 22/2023, assess the forms of legal protection for consumers, and identify the obligations of fintech P2PL providers in managing collection practices. The research applies a normative juridical method with statutory and conceptual approaches. The findings indicate that OJK Regulation No. 22/2023 provides consumer protection through preventive mechanisms (mandatory transparency, prohibition of intimidation, and regulation of third-party involvement) and repressive mechanisms (complaint handling and administrative sanctions). However, challenges remain in implementation, such as low consumer literacy, outsourced collection practices, and weak on-site supervision. Therefore, stronger regulation, tighter controls by providers, and collaboration among regulators, law enforcement, and fintech associations are required to ensure optimal consumer protection.

Oki Indra Setiono; Anwar Budiman; Retno Kus Setyowati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the implementation of consumer law in the context of gold investment through PT X's digital application and the consumer protection guarantee mechanisms presented in the system. The research method used is normative juridical, namely a method that emphasizes the study of applicable positive legal norms, legal doctrine, and the application of relevant legal principles. The results of the study indicate that the implementation of consumer law in digital-based gold investment has been carried out in accordance with contractual principles as stipulated in civil law and in line with the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, gold investment transactions through the X application are carried out with a mixed agreement containing elements of sale and purchase, deposit, and pawn. This is an important basis because the legal relationship between consumers and companies is not only a single transaction, but a combination that requires guaranteed protection of consumer rights. The legal basis for this mechanism is reflected in the X Digital Application Operational Guidelines Number 28 of 2024, which detailed administrative procedures, application usage requirements, and the implementation of consumer protection principles as stipulated in Articles 4, 7, 18, and 45 of the Consumer Protection Law. Thus, the implemented system not only emphasizes commercial aspects but also ensures a balance between the rights and obligations of consumers and businesses. This study highlights how digital transformation in financial services requires a robust legal framework to protect consumers from potential risks. Therefore, internal company regulations and guidelines play a strategic role in ensuring fairness and providing a sense of security for people investing in gold through digital applications.  

Rahayudin Rahayudin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In the context of Indonesia’s evolving insurance landscape, this study examines the legal protection afforded to policyholders of the BLife Plan MultiPro unit-linked life insurance product against uncertainties in end-of-contract benefit payments. Employing a doctrinal-normative and historical approach, the research analyzes statutory provisions from Law No. 8 of 1999 on Consumer Protection through Law No. 40 of 2014 on Insurance and POJK regulations to evaluate the efficacy of preventive (transparency requirements), corrective (mediation and arbitration), repressive (administrative sanctions), and restorative (insurance guarantee scheme) mechanisms. Integrating Fuller’s internal morality of law, Hart’s open-texture theory, and Knight’s risk-uncertainty distinction, the findings reveal that regulatory evolution has progressively enhanced policyholder protection from 65% under the 1999 framework to 95% under the forthcoming 2028 guarantee scheme yet practical gaps persist in consumer education and claims standardization. The study recommends clarifying policy clauses, streamlining administrative procedures, and enhancing judicial discretion to fortify legal certainty and restore consumer confidence

Dielasy Budiarti; Dede Mahdiyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The COVID-19 pandemic has accelerated the vaccination program in Indonesia as an effort to mitigate the health crisis. However, this emergency has also opened up opportunities for the widespread circulation of illegal and counterfeit vaccines, threatening public safety. This article aims to analyze the legal implications of this phenomenon through a normative-empirical approach using case studies. Three main cases are analyzed: the 2016 national counterfeit vaccine case, the 2021 illegal COVID-19 vaccine sales case in North Sumatra, and the falsification of COVID-19 vaccine certificates that occurred between 2021 and 2022. The analysis focuses on identifying legal loopholes, weaknesses in the oversight system, and their consequences for human rights protection and the integrity of public health programs. The results show fragmented oversight of vaccine distribution, weak transparency in the vaccine supply chain, and legal sanctions that have not provided a significant deterrent effect on perpetrators of health crimes. These conditions not only threaten individual safety but also undermine public trust in the national vaccination program. Inconsistent law enforcement and weak inter-agency coordination have exacerbated the situation. Therefore, efforts are needed to strengthen stricter regulations, increase synergy between supervisory and law enforcement agencies, and secure an integrated and transparent health information system. These measures are expected to ensure the security of vaccine distribution and enhance the accountability of the vaccination program in Indonesia, thus optimally protecting the public's right to health.

Fitri Natasha Dachi; Urbanisasi Urbanisasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

St. Nurafni Mutmainnaturrahmah; Mabruri Andatu; Ahmad Muti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study analyzes the comparison of peer-to-peer (P2P) lending contract law in the perspective of positive law and Islamic law. Major problems in the industry include the risk of default, contract defects, and a lack of transparency. The research method used is literature research. The results show that positive laws provide a framework for consumer protection, but are often inadequate in protecting vulnerable parties. On the other hand, Islamic law emphasizes justice and the prohibition of usury, although the practice in the field is not yet fully appropriate. The study recommends collaboration between regulators and service providers to create a fair and law-abiding system. This is expected to contribute to the development of P2P lending policies and practices that are more sustainable and in accordance with sharia principles.

Moch Irfanur Khokim

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

A standard agreement is a form of standard contract that is drawn up unilaterally by business actors, without providing flexibility for consumers to negotiate the content of the clauses contained therein. This characteristic creates an imbalance in the legal position between business actors and consumers, which in practice is often used to include exculpation clauses or unilateral clauses that are substantively detrimental to consumers. In the context of Indonesian law, this form of contract has become a common practice in various sectors, ranging from financial services to electronic transactions, so the urgency of legal protection for consumers has become increasingly significant. This research aims to analyze and evaluate the form of legal protection for consumers in standard agreements, based on the provisions of Law Number 8 of 1999 concerning Consumer Protection and related legal instruments, including implementing regulations and relevant jurisprudence. The research approach used is normative juridistic, with data collection methods through literature studies, normative analysis of laws and regulations, and an examination of several concrete case studies that illustrate imbalances in the legal relationship between consumers and business actors. The results of the study revealed that although normative legal protection has been regulated quite firmly, especially in the provisions regarding the prohibition of the inclusion of clauses that are detrimental or misleading to consumers, various structural and cultural obstacles are still found in its implementation. These obstacles include weak supervision mechanisms for business actors, limited consumer access to legal understanding, and suboptimal role of consumer dispute resolution institutions. Thus, it is necessary to strengthen regulations through more operational legal instruments, increase the capacity of supervisory institutions, and mainstream consumer legal literacy as a long-term strategy in realizing a fair, effective, and sustainable consumer protection system.

Stevania Caroline Prata; Darius Mauritsius; Helsina F. Pello

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.  

Angelina Dewi Permatasari; Larasati Rahmadhani; Lutfia Setiya Marsyalola; Muhammad Naufal Ramadhan; Dwi Desi Yayi Tarina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Meikarta project as the "Shenzhen of Indonesia", is an ambitious initiative by the Lippo Group to develop a large property project in Cikarang, Bekasi Regency, West Java. Although it offers various modern facilities, this project faces various obstacles, including construction delays and uncertainty about the fate of consumers who have made payments. This problem is further complicated by allegations of violations of the law related to building permits (IMB) and non-compliance with the Regional Spatial Plan (RTRW), as well as bribery cases involving local government officials. This study aims to examine the legal protection provided to consumers in relation to the validity of agreements made in the Meikarta project, with a focus on the legal implications of unlawful acts and legal uncertainty due to corruption cases. This study uses a qualitative method with a normative legal approach, which examines applicable legal provisions, and an empirical approach, which examines how the law is applied in practice, as well as data collection techniques through case studies and legal literature. The results of the study indicate that there is abuse in the validity of contracts that are detrimental to consumers, as well as the negative impact of legal uncertainty caused by corrupt practices. Legal protection for consumers, including lawsuits and government intervention, is essential to prevent further losses. It is hoped that this research will contribute to the formation of better legal policies and more effective consumer protection in Indonesia.