Regulation Authority Research Articles

Legal Consequences for Debt Collectors Exceeding Their Authority: A Case Study of PT Mega Central Finance Bagan Batu

This study aims to analyze the authority of debt collectors from a civil law perspective, focusing on a case study of PT Mega Central Finance Bagan Batu. To achieve this objective, this study employs a mixed method of field research and normative legal research, where the collected data is analyzed qualitatively to describe the problems and answer the research objectives. The results show that the problem of bad credit encourages financing companies to use debt collectors’ services to optimize the collection process. Meanwhile, debt collectors must have competency certification and act based on an extraordinary power of attorney from the financing company, as regulated in Financial Services Authority Regulation Number 35/POJK.05/2018 and Article 1795 of the Civil Code. Despite having compiled a standard operating procedure for collection, PT Mega Central Finance Bagan Batu still encounters deviant debt collector practices that harm debtors, such as intimidation, threats, and seizure of collateral without legal procedures. These actions violate the rights of debtors and legal principles. The legal consequences and implications cover criminal law, civil law, consumer protection law, and administrative sanctions from the Financial Services Authority.

The Impact Of Financial Technology Service Users On Not Paying Online Loan Bills Is Linked To Positive Law

Financial Technology (Fintech) is a financial service that uses a technology base that makes it easier for transactions to be carried out anywhere and at any time. Currently, one of the services in Indonesia is Financial Technology or Fintech which is developing rapidly, especially online loans because it has been proven that many people are interested. The existence of online loans or peer to peer lending as a form of financial technology (fintech) is the impact of technological advances which offer many loans with easier and more flexible terms and conditions compared to conventional financial institutions such as banks. This development must be accompanied by good legal instruments to avoid existing risks. The research method used is normative research with a statutory approach. The results of this research refer to several articles. Namely. Article 1320 of the Civil Code, so that an agreement arises from an agreement. Then, Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing, Law Number 8 of 1999 concerning Consumer Protection, Law Number 27 of 2022 concerning Personal Data Protection

Contemporary Challenges for Sharia Financial Institutions to Increase Competitiveness and Product Innovation Perspective of Sharia Economic Law: Evidence in Indonesia

Globalisation and technological advancement present contemporary challenges for Indonesia's Sharia Financial Institutions (LKS) in maintaining competitiveness and innovating. This study examines these challenges, including the acceleration of financial technology (fintech), regulatory changes, and rising consumer expectations for inclusive and efficient services. LKS is required to continuously innovate and create products that meet the needs of a dynamic market while still following the principles of Sharia economic law. This research discusses how LKS integrates fintech and Islamic financial technology in their operations. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through a literature study and document analysis related to government regulations and policies regarding Sharia Financial Institutions. The literature study and document analysis also included laws and regulations related to Islamic finance, Islamic economic law regulations, academic articles (journals), and books that discuss product innovation and competitiveness challenges of Sharia Financial Institutions. This study found that regulations such as the Financial Services Authority Regulation (POJK) and the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) provide a legal basis to support such innovation. However, LKS still faces challenges such as competition with conventional financial institutions, regulatory changes, and technological disruption. To remain competitive, LKS must adjust innovations such as Sharia fintech and crowdfunding following Sharia principles. In addition, public education on Sharia products is also important to increase financial inclusion. Through innovations such as factoring, bespoke financing, and solutions for online businesses, LKS can improve efficiency and empower small businesses while contributing to sustainable economic growth.

Crucial Changes in Polish Regulation of Parental Authority Over the Last 100 Years

The article discusses significant changes in Polish family law over the past century. It focuses on the concept of parental authority, explaining its meaning and position in Polish law in the first part of the article. The following section mentions and comments on legal documents related to parental authority during the last century. The final section investigates five legal changes in the institution under study which the author considers crucial for its development. These changes include the legal status of men and women in relation to parental authority, the legal status of out-of-wedlock children, the predominant values underpinning parental authority, the prohibition of corporal punishment, and the state’s interference with parental authority. The article argues that despite the changes in legal, political, and economic systems experienced by Poland over the last century, there has been significant continuity and stability in the development of Polish family law.

Enhancing Public Knowledge of Sharia Insurance Products in Indonesia Through Effective Management Strategies

Islamic insurance, known as Sharia Insurance, has emerged as a vital aspect of Indonesia's financial landscape. Sharia Insurance adheres to Islamic economic principles, offering products such as takaful (mutual guarantee) and mudharabah (profit-sharing). The potential for growth in Indonesia's Sharia insurance sector is substantial, bolstered by the country's predominantly Muslim population, which constituted 87.2% of the total population in 2021. Moreover, under Financial Services Authority Regulation (FSAR) Number 11 of 2023, Article 15, Sharia financial institutions are mandated to prioritize Sharia-compliant financial products. Despite these regulatory supports, however, Sharia insurance has achieved only a modest market share, with premiums accounting for just 4.76% as of December 31, 2022. In response to these challenges and opportunities, this study aims to examine the barriers, particularly the issue of public awareness, where many individuals lack a comprehensive understanding and appreciation of the advantages offered by Sharia insurance products. Consequently, this paper addresses two main objectives: 1) identifying factors contributing to public misconceptions and limited awareness of Sharia insurance benefits, and 2) exploring initiatives aimed at addressing these issues. This research employs a qualitative approach, employing systematic literature review techniques to analyze relevant books and literature focused on the identified themes. The findings aim to offer insights into the challenges faced by Sharia insurance and propose strategies to enhance public awareness and understanding of Islamic insurance products.

Guarantees and Limitations of the Sustainability Village Autonomy Through Rules of Recognition: Indonesia Experiences

This research examines whether the village authority inventory norms regulated in Law Number 6 of 2014 concerning Villages (Village Law). have guaranteed or limited the sustainability of village autonomy. The object of the research is an analysis of village authority inventory arrangements in several districts or cities in Indonesia: Badung Regency, Banyuwangi Regency, Sambas Regency, Sleman Regency, and Sungai Penuh City. The research method is normative research with a statutory and conceptual approach. The study concludes, first, that the village authority regulation model has two sides, on the one hand, it has been regulated in various and different ways both in terms of the type and amount of authority, but on the other hand, village authority is still regulated in a minimalist way. Second, there are still problems in the identification and inventory procedures for the list of village authorities, which have no relevance to the sustainability of village autonomy. The various village authority regulation models are relevant to guarantee the consistency of village autonomy.

Environmental Accounting Disclosures Related to IFRS S1 and IFRS S2 Policies: Evidence on Hospital Companies Listed on the Indonesia Stock Exchange

This study aims to evaluate environmental accounting disclosures related to IFRS S1 and IFRS S2 policies in hospital companies listed on the Indonesia Stock Exchange. The method carried out is qualitative descriptive with an evaluation approach to the company's sustainability report that is published. The results of the study show that the majority of hospital companies have disclosed their environmental costs and sustainability aspects according to IFRS S1 standards because they comply with the rules that apply in Indonesia, namely the Financial Services Authority Regulation Number 51/POJK.03/2017 and The Global Reporting Initiative 2021. However, there are still few companies that disclose aspects of IFRS S2 related to climate because they have not been regulated in the regulations that apply in Indonesia in the publication of company reports. Now, after the issuance of the IFRS S2 standard, the government should adjust the rules related to company reporting. Companies should also be more aware in reporting the climate impact of their business activities.

Analyzing trends and practices: A survey of procedures performed by nurse practitioners

ABSTRACT Background: Nurse practitioners (NPs) provide essential patient care services. Most (88%) are primary care certified, and 70% practice in primary care settings. National NP organizations and state practice authority regulations influence the training and level of independence of performing procedures common in primary care practice. National standards reference the ability to select and interpret appropriate diagnostic tests related to clinical reasoning or management functions, but not competency in the procedures. Although the blueprint for certification examinations includes procedures as part of evidence-informed practice, none are specifically named. Purpose: There are limited data concerning procedural training for NPs. The study aims were to describe the training practicing NPs received for procedures they perform, define areas of research concerning the development of uniform training, and identify advocacy initiatives for competency acquisition for procedures. Methodology: Practicing NPs completed a survey concerning the procedures they perform in their practice. In addition, they reported their level of perceived competency, independence in performing, and method of training. Results: The majority of respondents (87.8%) hold certifications in primary care specialties. In this sample of practicing NPs, 74% of the respondents perform procedures independently, but only 67% had procedure training as part of their initial NP education. Additional training (60%) was completed through professional development programs. Conclusions: Many NPs surveyed perform procedures independently. Training occurred in their NP programs and through continuing education. Implications: Further studies are needed concerning procedural training and the setting that is most appropriate for competency achievement.

Legal entity of the Catholic Church as a participant in Land and Mortgage Register proceedings in Polish law – selected issues

This article evaluates the legal norms related to real estate trading by legal entities of the Catholic Church in the context of land and mortgage register proceedings. First, the issue of the legal entity of the relevant church legal entities is presented. Next, the principles of the representation of church legal entities by the competent authorities is analysed. This is important both for the capacity to undertake a substantive legal action, the subject of which is real estate, and for examining the effectiveness of procedural steps taken in the course of land and mortgage register proceedings. The last part is devoted to real estate trading with the participation of church legal entities in the context of the principles resulting from the regulations of land and mortgage register proceedings. The research leads to the conclusion that for land and mortgage register proceedings, it is of fundamental importance to assess the effectiveness of a legal act in the context of the specific requirements of canon law, examples of which are Canons 1281 § 1 of the Code of Canon Law with regard to acts exceeding the limits and manner of ordinary management, and Canons 1292 § 1–2 of this Code making the validity of alienation dependent on the consent or authorisation of the competent entity. The absence of the consent or authorisation required by the provisions of canon law should lead to dismissal of the application for entry, which can possibly be remedied by a subsequent confirmation of the legal act performed by applying the instruments of civil law, as exemplified by Articles 39 and 63 of the Civil Code. In addition, the implementation of the principle of the autonomy of the Catholic Church is expressed in leaving to the church authority regulation of the appointment of the competent bodies of church legal persons; the land and mortgage register court cannot question the effectiveness of the appointment of these bodies, the assessment of which is left to the Catholic Church and its organisational units.

Electromagnetic exposure of population in three cities of Romania at four years difference, based on data recorded by the fixed national radiofrequency monitoring network

Abstract The blooming of wireless technologies and the deployment of the fifth generation (5G) of mobile communications have been accompanied by a significant increase in the risk perception related to human exposure to radio-frequency electromagnetic field (RF-EMF). Therefore, EMF monitoring has become necessary in areas with increased densification of the EMF sources. Present work made use of the raw data kindly provided by the National Authority for Management and Regulation in Communications (ANCOM) in Romania from the fixed EMF sensor network nationally deployed. We aimed to analyze the case of electric field level evolution after four years, in three cities. In each city a single monitoring station was chosen in the analysis. Database in the wide- and narrow-bandwidths covering the range (100 kHz – 7 GHz) was processed for whole years 2019 and 2023. Comparisons between locations and years were enabled by means of: a) descriptive statistics; b) time series analysis with Poincare plots for time-variability characterization; c) recurrence quantification analysis to emphasize the nonlinear dynamics of the exposure levels, respectively the recurring exposure levels dynamics. Similarities and dissimilarities were observed and discussed.

State Full Practice Authority Regulations and Nurse Practitioner Practice Autonomy: Evidence From the 2018 National Sample Survey of Registered Nurses.

State full practice authority (FPA) laws are designed to permit NPs to practice autonomously from physicians. Little is known regarding how FPA laws affect NPs' practice autonomy in daily practice. This study used nationwide survey data from 20,830 NPs to estimate how NPs' practice autonomy differs between NPs in FPA and non-FPA states. NPs in states with FPA laws were more than twice as likely as NPs in non-FPA states to practice in clinic settings with no onsite physicians and were twice as likely to not have a physician collaborator. Associations between FPA laws and four other indicators of practice autonomy were positive but smaller in magnitude. States with FPA laws more than 10 years experienced larger changes in nurse practitioner (NP) autonomy compared with states with FPA laws in effect less than 10 years. FPA laws may promote the development of autonomous NP practice sites, thereby expanding access in underserved populations.

The Urgency of Green Banking Regulations in Indonesia in the Implementation of Sustainable Development

This research highlights significant gaps in Indonesia's green banking regulations, particularly the lack of stringent sanctions and clear enforcement frameworks for sustainable finance principles. While the Financial Services Authority Regulation No. 51/POJK.03/2017 addresses environmental sustainability, it fails to impose effective penalties on banks that contribute to environmental degradation. As a result, green banking in Indonesia remains largely a voluntary initiative due to insufficient regulatory measures. This research employs a normative legal research design, utilizing both conceptual and statutory approaches. It advocates for the implementation of stricter penalties and enhanced oversight to ensure compliance with sustainability standards among financial institutions, thereby facilitating the transition to a green economy. Furthermore, the Sustainable Development Goals (SDGs) underscore the importance of indicators related to economic, social, and environmental sustainability, which green banking can help achieve. The proposed revised regulatory framework should include stringent sanctions for violations by both banks and customers, ensuring that financial institutions actively contribute to environmental protection.

Legal Perspective on Consumer Personal Data Protection in Fintech Services

The development of science and technology has significantly affected the financial transaction system in Indonesia, especially with the emergence of the Fintech business model. The rapid growth of Fintech indicates the need for smart management in order to provide optimal benefits to society. However, the potential misuse of consumers' personal data poses a risk that needs to be considered. This research uses a normative juridical and analytical descriptive approach to understand the legal dynamics in the Fintech industry and legal measures aimed at Safeguarding user data security in Indonesia, in accordance with the provisions of Financial Services Authority Regulation Number 13/Pojk.02/2018. The results show that Fintech business organizers and users have a relationship that is regulated through an electronic agreement. The legal safeguarding of personal data for Fintech user is governed by Financial Services Authority Regulation Number 1/Pojk.07/2013 and other pertinent regulations, addressing aspects such as confidentiality, data security, and the governance and risk management of information technology.

Confiscation of Copyrights in Investigations of Criminal Actions in the Field of Taxation and Tax Collection

This article discusses the confiscation of copyright as a form of intellectual property in the investigation of criminal acts in the field of taxation and tax collection. Copyright legal provisions recognize the moral right of creators to defend their rights from things that are detrimental to their personal honor or reputation through certain legal measures, while tax law regulates the authority to carry out confiscation in the event of criminal acts in the field of taxation or unpaid tax debts. This can cause conflicts between legal provisions in their implementation and raise questions about how to confiscate copyright as an intangible movable object. To answer this question, the author carried out a juridical analysis of the provisions of Copyright law and confiscation, prepared arguments for the relevance of Copyright confiscation, and drew conclusions inductively based on the results of the analysis. With the conclusion that there is a legal basis for confiscation related to investigations, but regarding tax collection it does not have sufficient legal basis and requires further regulation of confiscation authority. The exercise of confiscation authority that is not against the law will not conflict with the Creator's legal efforts to defend his rights.

Inside out: Exploring edible biocatalytic biosensors for health monitoring

Edible biosensors can measure a wide range of physiological and biochemical parameters, including temperature, pH, gases, gastrointestinal biomarkers, enzymes, hormones, glucose, and drug levels, providing real-time data. Edible biocatalytic biosensors represent a new frontier within healthcare technology available for remote medical diagnosis. The main challenges to develop edible biosensors are: i) finding edible materials (i.e. redox mediators, conductive materials, binders and biorecognition elements such as enzymes) complying with Food and Drug Administration (FDA), European Food Safety Authority (EFSA) and European Medicines Agency (EMEA) regulations; ii) developing bioelectronics able to operate in extreme working conditions such as low pH (∼pH 1.5 gastric fluids etc.), body temperature (between 37 °C and 40 °C) and highly viscous bodily fluids that may cause surface biofouling issues. Nowadays, advanced printing techniques can revolutionize the design and manufacturing of edible biocatalytic biosensors.This review outlines recent research on biomaterials suitable for creating edible biocatalytic biosensors, focusing on their electrochemical properties such as electrical conductivity and redox potential. It also examines biomaterials as substrates for printing and discusses various printing methods, highlighting challenges and perspectives for edible biocatalytic biosensors.

Traditional Authorities and Strategies in Demands for Self-Determination

Abstract Ethnic groups employ different strategies to pursue demands for self-determination. While some act within conventional channels of political contestation, others choose non-conventional strategies, including violence and rebellion. We conceive of this as a result of bargaining between group and state and argue that both sides’ institutions affect the likelihood of escalation. Specifically, groups with traditional authorities have the capacity and incentives to escalate conflicts. Only when such institutions are matched with internal accountability mechanisms can groups credibly commit so that bargaining failure and violence less likely. Similarly, states with open elections can tie their hands more effectively, and constitutional regulations of traditional authorities formalize state-group interactions, which also mitigates the effect of traditional authorities on conflict. We use new global data on groups that demand self-determination, their traditional political institutions, and their strategy choice from 2005 to 2015. We find support for our argument using various identification and estimation approaches. Groups with traditional authorities are much more likely to use violence, a finding that is not sensitive to the omission of unobserved confounders. Furthermore, this relationship is moderated by group-level audience costs and the strategic environment provided by the state. Our findings advance new perspectives on the interactions of customary and national institutions in determining subnational conflict.

Tax Avoidance and Regulation of Transfer Pricing: From the Perspective of International Law

With the social economy developing continuously and the deepening of economic globalization, the scale of multinational corporations is expanding increasingly. However, due to the gap in tax rates between different countries, multinational corporations have room for tax planning. As a common means of tax avoidance in multinational enterprises, transfer pricing is officially realized by relying on the difference of tax rates in different countries. But transfer pricing in bring huge profits to multinational companies at the same time, the multinational home and host country revenue caused great damage, so the transfer pricing has become the focus of the tax authority regulation, this paper mainly through the case analysis of Coca-Cola company, this paper expounds the multinational companies through the transfer pricing tax avoidance and transfer pricing multidimensional adjustment of thinking. Therefore, for multinational corporations, under the constraints of relevant laws and norms, reasonable planning and control of the risk of transfer pricing is the key to enterprise tax avoidance compliance.

Which organic contaminants should be paid more attention: Based on an improved health risk assessment framework

The increasing chemical pollution of the drinking water is widely concerned. Large number of organic contaminants cannot be removed by conventional water treatment technology due to their low concentration, and long-term exposure may pose significant risks to human health. Which organic contaminants in drinking water should be given more attention has been a topic of great concern in recent years. To identify the organic contaminants that need attention, this research proposes an improved health risk screening method to quantitatively analyze the risks of accumulation, persistence, toxicity, and antibiotic resistance. Compared with conventional method, 26 compounds were added to the improved screening list, including 9 DBPs (e.g., NDMA), 3 antibiotics (e.g., oxytetracycline), PFNA and other compounds. Overall, antibiotics and plasticizers rose in the risk rankings. From the perspective of the proportion of total risk value, a single risk plays a decisive role (more than 99%) in the ranking. This change suggests that antibiotic resistance and the accumulation of organic matter are as important as their toxic risks to humans. 58 compounds were recommended for the priority control organic contaminants list in drinking water. This list provides the necessary information for authoritative regulations to monitor, control, assess, and manage the risks of environmentally relevant compounds in drinking water in China.

Obstacles in the Implementation of Online Loans in Indonesia (Based on Protection Law Consumer)

Online loans are platforms that allow individuals or businesses to apply for and obtain loans over the internet. Online loans offer convenience and accessibility. However, there are also illegal online loans that are harmful to their users. This is the background for the emergence of two problem formulations, namely how legal regulations governing the practice of online loans and how consumer legal protection in online loans. The research method used is normative juridical. The results found that Financial Services Authority (Otoritas Jasa Keuangan/OJK) as the responsible authority has issued Financial Services Authority Regulations (Peraturan Otoritas Jasa Keuangan/POJK) No. 77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services. However, the implementation and effectiveness of this regulation is still a big challenge. Many online lending platforms operate without a license and ignore the applicable regulations, thus posing a high risk to consumers. Recipients of online loans can be said to be consumers because they are users of a service. In this case, online loan services, consumer protection has been regulated in Law No. 8 of 1999 of Consumer Protection, and regarding consumer protection in online loans has also been regulated in POJK No. 77/POJK.01/2016 and Bank Indonesia Regulation No. 3 of 2023 on Bank Indonesia Consumer Protection, although there are already regulations governing online loan consumers, online loan consumer protection is still a problem because many illegal online loans are always looking for loopholes and circumvent existing regulations.

Comparative Study of the Regulation and Planning of National Capital Authority-Owned Enterprises in Realizing Sustainable Development of the Nusantara's Capital City

After the stipulation of Presidential Decree no. 62 of 2022 concerning the Nusantara Capital Authority, the Authority can have power over business entities which is characterized by share control and ownership of shares of a business entity so that it becomes the domain of the IKN Authority in its management. However, in reality, adequate regulations to accommodate the formation and planning of the Authority-Owned Business Entity itself are not not yet in place. This research aims to find out how business entities owned by the state capital are regulated and planned in a comparative perspective and what the ideal concept of regulation and planning of authority owned business entities is in realizing sustainable development of the Nusantara Capital City. The research used normative juridical with a statutory approach, comparative approach and conceptual approach. The research results show that the concepts of the three countries are different. The concept from Australia requires the formation of a state-owned enterprise through the law of its capital region, namely the Territorial State-owned Corporation Act 1990. Meanwhile, India uses a registration mechanism by injecting funds from the government to mark it as a government-owned company according to its level in accordance with the provisions of the Company Law of India, 2013. Then China acknowledged the existence of controlling and non-controlling shares in government control as regulated in the Law of State-owned Assets Enterprise 2018 Revision. In this case, Indonesia can adopt it by establishing an authority-owned business entity using regulations from the head of the authority that are regulatory and based on sustainable development. In this way, the next generation can experience the development results of the authority's business entities.