The Article 68 of Law No. 21 of 2008 on Sharia/Islamic Banking has stipulated the policy of UUS Splitting (Spinoff) to the Conventional Commercial Bank in Indonesia. This study aimed at determining the effectiveness of this policy based on Friedman’s theory of legal system. It is a juridical empirical research with data collection techniques including library research, interview and observation on BNI Syariah and Bukopin Syariah as banks that had been implemented spin off. According to Friedman, three factors to examine the effectiveness of a legal instrument are the structure of law, the substance of law and the legal culture. Based on Friedman’s theory the effectiveness of spinoffin the context of Indonesia is categorized as less optimal.
The article aims at determining the legal protection of creative content uploaded by the creators through online media as well as the challenges faced by the creators in protecting their works. This research includes descriptive normative of the legal research that describes the legal protection and the challenges faced by the creators in protecting their works.
Peer-to-peer lending (P2PL) can be a source for Small and Medium Enterprises (SMEs) to obtain capital. As the public highly demands this method of capital obtainment, P2PL transactions have increased. The increase in transactions impacts the increase in existing risks, including the default status of borrowers. This risk is very detrimental to the lender as the owner of capital. The high risk will ultimately reduce the lenders’ trust in transacting through the P2PL platform. The article aims to examine the causes and consequences of the risks challenged by lenders, and provide solutions by implementing the appropriate risk management. This research used the descriptive qualitative method. The result shows that the primary causes of the occurring problems are the lack of government roles in supervising, regulating, and being responsible for these activities. An offered solution is protecting funds distributed by lenders with insurance to manage the default risk challenged by lenders.
Digital banks in Indonesia are growing rapidly. This phenomenon has given rise to legal disharmony in laws and regulations, considering that banks are institutions with many regulations (fully regulated). Legal disharmony occurs because of the many weaknesses in the current banking regulations, which still focus on the Banking Laws. Law Number 10 of 1998 concerning banking was formed specifically to regulate conventional banking transactions, while the concept of digital banks in its implementation utilizes technology. This difference creates a gap leading to a legal vacuum. By interpreting the articles of Law Number 10 of 1998 concerning banking using a textual approach (focusing on text), this study unveiled that, as the basis for regulating digital banks, this law was still extremely low, limited and no longer compatible with the development of digital banks. Therefore, it is necessary to establish regulations for digital banks to provide legal protection to realize the legal goal of creating justice and legal certainty for the current and future development of the digital banking industry.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.