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PERBUATAN MELAWAN HUKUM DALAM GUGATAN WARGA NEGARA (CITIZEN LAWSUIT) ATAS KELALAIAN PEMERINTAH MELINDUNGI WARGA NEGARA DARI PRAKTIK EKSPLOITATIF PINJAMAN ONLINE
Citizen lawsuit is a legal remedy that allows citizens to file a lawsuit on behalf of the public interest due to the negligence of the state or government in protecting and fulfilling the rights of its citizens. Such negligence is manifested as an unlawful act referring to the provisions of Article 1365 of the Indonesian Civil Code. This study discusses a citizen lawsuit filed at the Central Jakarta District Court with registration number 689/Pdt.G/2021/PN.Jkt.Pst by 19 plaintiffs against the President, Vice President, Speaker of the House of Representatives, Minister of Communication and Informatics, and the Financial Services Authority, due to their negligence in protecting citizens from exploitative online lending practices, demonstrated by the absence of adequate policies or regulations, which resulted in violations of citizens’ fundamental rights. This study raises the following issues: first, why the Central Jakarta District Court and the Jakarta High Court granted the defendants’ exception regarding the court’s jurisdiction; second, why the Supreme Court annulled the lower courts’ decisions Judex Factie in its cassation ruling on this case; third, an analysis of the Supreme Court’s cassation decision. This research employs a normative juridical method with a descriptive-analytical approach to examine legal issues in detail and systematically. The approaches used include statutory, conceptual, and case approaches. The legal materials consist of primary sources such as the 1945 Constitution, the Civil Code, relevant laws, court decisions, and jurisprudence. Data were collected through literature study and analyzed descriptively and qualitatively to provide a comprehensive understanding and draw conclusions relevant to the research object. The results obtained in this study are as follows: First, the Panel of Judges at the District Court and the High Court both concluded that the substance of the lawsuit was related to Government Actions, thus the Defendants' exception based on PERMA No. 2/2019 was rightly granted. However, based on analysis, there was an error by the Panel of Judges in assessing the nature of the lawsuit. Second, the Supreme Court Panel annulled the Judex Factie court decisions due to errors in the application of law, as the core of the lawsuit was an abstract unlawful act, not a concrete and individual Government Action. Third, the Supreme Court Decision Number 1206 K/Pdt/2024 provides legal certainty and affirms for the state's responsibility to regulate and supervise online loan practices effectively and comprehensively.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040022 Maulida Hanum Tsuroyya
PERBUATAN MELAWAN HUKUM DALAM GUGATAN WARGA NEGARA (CITIZEN LAWSUIT) ATAS KELALAIAN PEMERINTAH MELINDUNGI WARGA NEGARA DARI PRAKTIK EKSPLOITATIF PINJAMAN ONLINE (Text)
PERBUATAN MELAWAN HUKUM DALAM GUGATAN WARGA NEGARA (CITIZEN LAWSUIT) ATAS KELALAIAN PEMERINTAH MELINDUNGI WARGA NEGARA DARI PRAKTIK EKSPLOITATIF PINJAMAN ONLINE (Other)
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