scholarly journals Legal Relationship between Go-Jek Drivers and PT Go-Jek Indonesia in the E-Contract Partnership

2019 ◽  
Vol 7 (06) ◽  
Author(s):  
Shandy Harsyahwardhana ◽  
Muhaimin ◽  
Eduardus Bayo Sili
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Issue ◽  
Research Approach ◽  
Conceptual Approach ◽  
Legal Subject ◽  
Legal Relationship ◽  
Partnership Agreement ◽  
Relationship Of

This study aims to analyze the legal relationship of the e-contract partnership with Go-Jek drivers. The legal issue that is the focus of this study identifies and analyzes the legal relationship between Go-Jek drivers and PT Go-Jek Indonesia in a partnership agreement in the form of e-contract. This research method is normative considering the existence of legal obscurity related to the partnership e-contract arrangement. The research approach used is the Legislative Approach and the Conceptual Approach. With the pattern of equal cooperation in partnership, the reality is that the legal relationship between PT Go-Jek Indonesia and the Go-Jek driver has been inequality. Therefore, the Go-Jek driver as a legal subject becomes weak and needs legal protection. Moreover, the partnership as outlined in the e-contract has not fully provided preventive and repressive legal protection.

scholarly journals Legal Protection for Online Transportation Service Providers in Transporting Passengers

2021 ◽  
Vol 8 (2) ◽  
pp. 70-77
Author(s):  
Desak Nyoman Oxsi Selina ◽  
I Made Wirya Darma
Keyword(s):  
Research Method ◽  
Service Providers ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Transportation Services ◽  
Legal Subject ◽  
Transportation Service ◽  
Legal Consequence ◽  
The Republic

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.

PERAN NOTARIS DALAM PENYULUHAN HUKUM SEHUBUNGAN DENGAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) STATUS OBJEK TANAH NEGARA DAN MENGAKIBATKAN KERUGIAN MATERIIL BAGI PEMBELI

2019 ◽  
Vol 5 (1) ◽  
pp. 62-78
Author(s):  
Mar Atus Sholiha
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Legal Action ◽  
Not Given ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Legal Relationship ◽  
The Status ◽  
Contractual Relations

In providing services to the community there are two important things, namely the making of authentic deeds including the PPJB deed relating to the trade of state land, and providing legal counseling to the public. Legal consouling by Notary must be did for and for legal actions did by notaries at the request of their clients. In the case of taking legal action for his client, the notary may also not side with his client, Notary must be neutral, because the task of the notary is to prevent the occurrence of problems. This normative juridical research uses a statute approach and conceptual approach. This research is limited to the discussion forms of legal protection the object buyers of State land through the Deed Agreement of Trade Binding (PPJB) which is not given legal counseling by Notaries, and Notary responsibilities in connection with the PPJB Deed with the object of state land before a Notary are not preceded by legal counseling of parties in relation to land status. The results from this study explain that in the PPJB deed there is a legal relationship between the legal subject and objects which creates the rights and obligations that also need to get legal protection. Forms of legal protection against buyers of State land object through the Deed Agreement of Trade Binding (PPJB) made by a  Notary that trade object is state land and cannot be traded with the status of property rights is by Submit a claim for cancellation of the deed and Submit a claim for compensation to both the seller and the Notary. The notary is responsible in connection with the Deed Agreement of Trade Binding (PPJB) with the object of state land made before a Notary whose services are not preceded by legal counseling because there is a legal relationship between the Notary with the respondent, but not contractual relations.

scholarly journals Penormaan dan Pelaksanaan Kewajiban Ingkar Notaris

2020 ◽  
pp. 113-138
Author(s):  
Qonitah Annur Aziza ◽  
Aprilia Trisanti ◽  
Kiki Aristyanti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Research Approach ◽  
Limit Set ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Existing Problems ◽  
Criminal Sanctions ◽  
Administrative Sanctions

The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.

scholarly journals KEPASTIAN HUKUM DALAM KEPEMILIKAN SATUAN RUMAH SUSUN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 58-67
Author(s):  
Hestining Cholifah
Keyword(s):  
Legal Protection ◽  
Housing Unit ◽  
Legal Relationship ◽  
The Cost ◽  
Relationship Of

This study aimed to determine the legal relationship of the parties in the Agreement on Sale and Purchase (PPJB) Flats and legal protection for buyers of Flat Housing Unit if the seller / developer defaults. This research is a normative juridical research, namely research on laws that are in the legislation in force in Indonesia. This research focused on document research or literature which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study indicated that the legal relationship between the parties in the PPJB starts from the signing of the PPJB, so that a legal relationship is established which creates the rights and obligations of each party. Legal protection for buyers of Flat Units if the seller / developer defaults is through arbitration at the cost of joint responsibility by the parties. It meant that if there is a dispute between the parties regarding the sale and purchase agreement unit apartment, the settlement is not through public court or litigation, but the solution is taken through arbitration (non litigation)

scholarly journals The Principle of Control Non Primary Gun System of the Indonesian National Army Protect Soldiers

BESTUUR ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 152
Author(s):  
Said Gunawan
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Legal Protection ◽  
Armed Forces ◽  
Military Operations ◽  
Defense System ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Research Show ◽  
Second Reconstruction

<p>This study aims to analyze and discover the principle of non-defense equipment regulation as a legal protection effort for members of the Indonesian Armed Forces and to reconstruct non-defense system arrangements in the context of legal protection for members of the TNI based on the value of certainty and justice with dignity. The research method in this research is descriptive juridical using statute approach, conceptual approach, analytical approach, philosophical approach and case approach. These approaches can be combined. The results of the research show that first, the principle of non-defense system regulation is subject to Law Number 34 of 2004 concerning the Indonesian National Army, especially the principle of civilian supremacy. The principle is only included in the basis of consideration. Does not specifically regulate the general provisions and body of the regulation regarding the terms and meaning of non-defense equipment and has not become one of the main tasks of the TNI in non-war military operations. Second, reconstruction of the value of alusista and non-alusista abuse must be subject to sanctions.</p><p> </p><p><strong>  </strong><strong>Keywords:</strong> Defense Equipment; Indonesian National Army; Defense.</p>

scholarly journals The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian

2019 ◽  
Vol 3 (1) ◽  
pp. 35-43
Author(s):  
Nova Winantika Rindang Kirana ◽  
I Nyoman Nurjaya ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
East Asian ◽  
Legal Protection ◽  
The State ◽  
Conceptual Approach

This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.

scholarly journals PATIENT’S LEGAL CAPACITY AND PRESENCE OF PATIENT’S WILL EXPRESSION

2011 ◽  
Vol 1 (3) ◽  
pp. 181
Author(s):  
Līga Mazure
Keyword(s):  
Medical Treatment ◽  
Legal Protection ◽  
Legal Capacity ◽  
Legal Practice ◽  
Practical Application ◽  
Theoretical Understanding ◽  
Western Countries ◽  
Legal Relationship ◽  
Patient’S Will ◽  
Relationship Of

When the law on the rights of patients came into force on March 1, 2010 the normative regulations regarding the patient’s will became more nuanced and detailed. However, the normative acts still contain inconsistencies and change of approach in connection with patients’ legal capacity. The peculiarities of the practical application of the patients’ legal capacity institute also make foreruns for the transformation of theoretical understanding of patients’ legal capacity in medical treatment. For historical objective circumstances the legal practice is developed in connection with legal relationship of patient and treatment person/ institution in Latvia in contradistinction to western countries. Herewith the meaning of the normative regulations and rights doctrine in legal protection of patients’ legal capacity shall be emphasized.

scholarly journals Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process

2018 ◽  
Vol 2 (2) ◽  
pp. 126-140
Author(s):  
Himawan Sutanto ◽  
Hanif Nur Widhiyanti ◽  
Istislam Istislam
Keyword(s):  
At Risk ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Binding Process ◽  
Research Journal ◽  
Legal Relationship ◽  
The Status

This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.   

scholarly journals Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

2021 ◽  
Vol 9 (2) ◽  
pp. 37
Author(s):  
Khairunnisa Noor Asufie ◽  
Ali Impron
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Competent Authority ◽  
Legal Protection ◽  
Public Official ◽  
Public Officials ◽  
Conceptual Approach ◽  
Principle Of Proportionality ◽  
Two Sides ◽  
Prescriptive Analysis

<span>Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a <em>prescriptive analysis. </em>In this research, using the approach, the approach of legislation <em>(Statue Approach)</em> and conceptual approach (<em>Conceptual Approach</em>).</span>

scholarly journals Legal Protection of Resigning Workers' Right Over Separation Pay Compensation in Justice Perspective

2020 ◽  
Vol 7 (8) ◽  
pp. 713
Author(s):  
Atmari Atmari ◽  
Budiarsih Budiarsih ◽  
Slamet Suhartono
Keyword(s):  
Research Method ◽  
Labor Law ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Historical Approach

Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.

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