scholarly journals TINJAUAN YURIDIS TERHADAP POLIS ELEKTRONIK DALAM PERJANJIAN ASURANSI

2017 ◽  
Vol 17 (1) ◽  
pp. 115
Author(s):  
Vianda Karina Ika Putri ◽  
Bambang Winarno ◽  
A. Rachmad Budiono
Keyword(s):  
Judicial Review ◽  
Legal Framework ◽  
Insurance Contract ◽  
Strength Of Evidence ◽  
The Law ◽  
Insurance Agreement ◽  
Policy Agreement ◽  
Made In ◽  
Legal Force

Abstract: Electronic policy or e-policy is an insurance contract that happends due to an electronic commercial transactions. But e-policy has been in Indonesia although there is no clear legal framework related to the existence of these e-policy. The purpose of this study are 1) Determine and analyze how the legality of e-policy according to the law in Indonesia. 2) Determine and analyze how the strength of e-policies evidence in the event of a dispute between the parties. Judicial review of electronic policy in the insurance agreement, namely: 1) E-polis as a form of agreement which could be interpreted is not qualify as legitimate e-policy agreement contrary to KUHDagang to be equivalent for sub law. So, insurance agreement can be interpreted is not meet objective conditions of an agreement that could result in the agreement is null and void (Article 1320 of KUHPerdata). 2) The strength of evidence on e-policy will have a strong legal force if the e-policy is made in the form of a deed in writing and acknowledged by both parties entered into an agreement, but if e-policy just softfile that send by email then e-policy does not have the strength of evidence because it was not in accordance with the provisions of Indonesian laws. Keywords: Agreement, E-policy, The Insurance Agreement Abstrak: Polis elektronik atau e-polis merupakan kontrak asuransi yang terjadi akibat suatu transaksi komersial elektronik. Namun e-polis telah berada di Indonesia meski belum ada payung hukum yang jelas terkait adanya e-polis ini. Tujuan Penelitian ini ialah 1) Mengetahui dan menganalisis keabsahan e-polis menurut hukum di Indonesia, 2) Mengetahui dan menganalisis bagaimana kekuatan pembuktian e-polis dalam hal terjadi sengketa antara para pihak. Tinjauan yuridis terhadap polis elektronik dalam perjanjian asuransi, yakni : 1) E-polis sebagai suatu bentuk perjanjian yang dapat diartikan tidak memenuhi syarat sah perjanjian karena e-polis bertentangan dengan KUHDagang yang setara dengan Undang-Undang. Sehingga perjanjian asuransi tersebut dapat diartikan tidak memenuhi syarat objektif suatu perjanjian yang dapat mengakibatkan perjanjian tersebut batal demi hukum (Pasal 1320 KUHPerdata). 2) Kekuatan pembuktian pada e-polis akan memiliki kekuatan hukum yang kuat apabila e-polis dibuat dalam bentuk akta yang tertulis dan diakui oleh kedua belah pihak yang mengadakan perjanjian, namun apabila e-polis tersebut hanya berbentuk softfile yang dikirim melalui email maka e-polis tersebut tidak memiliki kekuatan pembuktian karena tidak sesuai dengan ketentuan-ketentuan hukum positif Indonesia. Kata Kunci : Perjanjian, E-polis, perjanjian asuransi

scholarly journals Legal Examination of the Constitutional Court Number 28/PUU-XI/2013 Concerning the Case of Judicial Review of Law Number 17 of 2012 Concerning Cooperatives

2020 ◽  
Vol 16 (5) ◽  
pp. 42
Author(s):  
Lauddin Marsuni ◽  
Salle Salle ◽  
Syarifuddin Syarifuddin ◽  
La Ode Husen
Keyword(s):  
Judicial Review ◽  
Technical Analysis ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Normative Approach ◽  
Natural Person ◽  
Analysis Methods ◽  
The Law ◽  
Legal Force

This study aims to understand the legal review on Decision of the Constitutional Court No. 28/PUU-XI/2013 on the review of Law No. 17 of 2012 on Cooperatives against The 1945 Constitution. The benefits of this research are socialization and provide legal awareness about cooperatives activities in Indonesia. This research uses a normative approach that focuses on studying the legal and regulatory norms associated with the object of the problem. The technical analysis used in this study is the Hermeneutic and Interpretation analysis methods. The results of the study indicate that Phrase “natural person” in the cooperatives sense was based on Article 1 point 1 of Law No. 17 of 2012 is against Article 33 section (1) of The 1945 Constitution because that definition leads to individualism. Furthermore, although the Petitioner's petition is only regarding certain articles it contains substantial norm content, it will cause other articles in Law No. 17 of 2012 has no binding legal force. Therefore the Petitioner's petition must be declared in accordance with the law for all contents of Law No. 17 of 2012. As for the sake of legal certainty, Law No. 25 of 1992 valid for a while awaiting the establishment of a new Law.

scholarly journals Legal Protection towards Fiduciary Recipients in Disputes of Fiduciary Object

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Niken Sarah Dayanti ◽  
Keyword(s):  
Judicial Review ◽  
Legal Protection ◽  
Legal Responsibility ◽  
Court Decisions ◽  
Accounts Receivable ◽  
Good Corporate Governance ◽  
The Supreme Court ◽  
Trade Relationship ◽  
The Law ◽  
Legal Force

This thesis addressed the issue to examine the legal responsibility of the Collateral Manager as the object fiduciary administrator and how the legal protection effort to the fiduciary recipient is based on the principle of lex specialist derogate lex generalist. This writing is motivated by non-performance of contract settlement as well as acts against the law from the importer to the exporter in an international trade relationship based on credit facilities. The results of the research, the responsibility of the Collateral Manager in conduct of transferred objects should be referred to the mechanism for exercising power based on the principles of Good Corporate Governance through the Collateral Management Agreement. This is to depreciate the risk, in order to the objects cannot be transferred by another party as a Fiduciary. Legal fiduciary recipient has accounts receivable on an object can obtain executorial rights protected by the Law on Fiduciary which is equal as court decisions that has permanent legal force. This research is used normative juridical, through statutory approach and a case approach in the case of the Supreme Court Verdict Number 2239 K/Pdt/2014. Conclusion is based on the principle of lex posterior derogate lex priori, the Judicial Review Verdict Number 997/PK/Pdt/2018 provides permanent legal force and certainty of the executorial rights of the fiduciary recipient over the object of collateral which is still a dispute between the importer and the exporter.

scholarly journals Understanding the rohingya crisis :

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Mohammad Mamun
Keyword(s):  
Comparative Analysis ◽  
Empirical Studies ◽  
Legal Framework ◽  
Huge Number ◽  
Current Crisis ◽  
Good Intention ◽  
The Law ◽  
The Government ◽  
Made In

The current crisis in Myanmar concerning the Rohingya people has resulted in a huge number of stateless refugees. An answer to the citizenship of these refugees is urgently required. This study summarizes the comparative analysis of the existing citizenship framework of Myanmar with the older version. After briefly reviewing earlier legal framework Citizenship Law of the Union 1948 concomitant to the 1947 Constitution of Burma, the study analyzes the changes made in Citizenship Law of Burma 1982 concomitant to the 1974 Constitution. Major results from the empirical studies conducted earlier suggest that there exist three types of citizenship in Myanmar while this study has found that there are four types of citizenship prevails in Myanmar. The study also has come out with the finding that there exists very little scope for Myanmar government to legalize a large number of Rohingya populations unless the Law is revised first. Therefore, the government should focus on the revision of the law if it really wants to prove its good intention for a sustainable solution.

scholarly journals Judicial Review Tap MPR RI terhadap Undang-Undang Dasar (UUD) 1945 Menurut Jimli Assdiddiqie

2014 ◽  
Vol 4 (01) ◽  
pp. 193-219
Author(s):  
M. Sholihuddin Amin
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Legal Framework ◽  
Constitutional Court ◽  
Test Case ◽  
Constitutional Rights ◽  
Equivalent Position ◽  
The Law

Abstract: This article discusses about Jimli Asshiddiqie thinking about of MPR RI judicial review against the Constitution 1945. According to Jimli Asshiddiqie, eighth of Tap MPR/S is must be considered equivalent position with the law, because in our legal system was no longer recognized the existence of law products above the law, even though the form of law not the Consideration, but materially eighth of Tap MPR RI is Law. And when the Decree of MPR/S assessed has caused the loss of constitutional rights of certain parties, it can be requested testing (judicial review) in the Constitutional Court, as a constitutional test case stipulated in Law No. 24 of 2003 about Constitutional Court. In political jurisprudence perspective, authority of the Constitutional Court in resolving cases of judicial review Tap MPR against the Constitution 1945 as Jimli Asshiddiqie thought, has some similarities with the agency wilayah mazalim, the authorities is investigate and examine cases public beneficiaries are that can’t be carried by hisbah officers. In a formal legal framework in Indonesia, wilayah mazalim can be equated to the Constitutional Court.Keywords: Judicial review, MPR, Jimli Asshiddiqie, political jurisprudence

scholarly journals Keadilan Substantif dalam Ultra Petita Putusan Mahkamah Konstitusi

2018 ◽  
Vol 15 (1) ◽  
pp. 13-26
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Judicial Review ◽  
The State ◽  
Constitutional Court ◽  
The Law ◽  
The Difference ◽  
Research Decision ◽  
Legal Force

The Constitutional Court to be the constitutional goalkeeper, there is not anything contrary against constitution. The Constitutional Court has four authorities and one duty, the authority of the Constitutional Court first and foremost is judicial review the law against Constitution. According to Constitutional Court law, the Decision of judicial review is accepted, rejected and unacceptable. The decision is acceptable if the applicant's request is grounded in the state memorandum filed for which there is no binding legal force. However, in its development, they performed ultra petite by raising the difference to the granted decision, the Constitutional Court with conditionallyconstitutional, conditionally unconstitutional and added phrase. Amendment of constitutional court law, expressly the Constitution Law is prohibited to add the phrase, then enforced by the Constitutional Court. The judge at the Constitutional Court considered that in keeping with the constitution the institution could not be confined by law and that the judge was ordered to uphold justice rather than enforce the law. This article research decision of Constitutional Court Conditionally Constitutional and adds a phrase to find whether in the decision it is really to enforce justice which accuracy cannot be realized if it simply removes the petitioned article. From the results of the study, the authors found that it does give the constitution and cannot be applied if it only provides without interpretation and adds phrases.Mahkamah Konstitusi dibentuk untuk menjadi penjaga gawang konstitusi, supaya tidak ada satupun yang melanggar konstitusi. Mahkamah konstitusi dilekati dengan empat kewenangan dan satu kewajiban, kewenangan Mahkmah Konstitusi yang pertama dan paling utama adalah menguji Undang-Undang terhadap Undang-Undang Dasar 1945. Dalam UU No. 24 tahun 2003 tentang Mahkamah Konstitusi, Putusan yang dihasilkan dalam perkara pengujian undang-undang adalah dikabulkan, ditolak, dan tidak dapat diterima. Putusan dikabulkan jika permohonan pemohon beralasan sehingga kemudian pasal yang dimohonkan dinyatakan tidak mempunyai kekuatan hukum mengikat. Namun dalam perkembanganya Mahkamah Konstitusi melakukan ultra petita dengan memunculkan variasi terhadap putusan yang dikabulkan, Mahkamah Konstitusi memperkenalkan putusan konstitusional bersyarat, tidak konstitusional bersyarat dan penambahan frasa. Sehingga dalam perubahan UU No. 24 tahun 2003, dengan tegas dinyatakan Mahkamah Konsitusi dilarang menambahkan frasa, kemudian pasal tersebut juga dibatalkan oleh Mahkamah Konstitusi.Hakim di Mahkamah Konsitusi beranggapan bahwa dalam menjaga konstitusi kewenangan Mahkamah Konsitusi tidak boleh dikungkung oleh undang-undang dan bahwa hakim diperintahkan untuk menegakkan keadilan bukan menegakkan undang-undang. Tulisan ini meneliti putusan-putusan Mahkamah Konsitusi yang konstitusional bersyarat dan menambahkan frasa untuk menemukan apakah dalam putusan tersebut benar-benar untuk menegakan keadilan yang mana keadilan tersebut tidak bisa terwujud jika hanya menghapuskan pasal yang dimohonkan. Dari hasil penelitian, penulis menemukan bahwa putusan tersebut memang memberikan keadilan bagi pemohon dan keadilan tersebut tidak bisa terwujud jika Mahkamah Konstitusi hanya membatalkan tanpa memberikan tafsir dan menambahkan frasa terhadap pasal yang dimohonkan.

scholarly journals REGULATING ARTIFICIAL INTELLIGENCE IN MALAYSIA: THE TWO-TIER APPROACH

2020 ◽  
Vol 11 ◽  
pp. 183-201
Author(s):  
Nazura Abdul Manap ◽  
Azrol Abdullah
Keyword(s):  
Artificial Intelligence ◽  
Computer Science ◽  
Legal Liability ◽  
Legal Framework ◽  
Legal Regulation ◽  
Review Article ◽  
The State ◽  
Online Resources ◽  
The Law ◽  
Made In

Artificial Intelligence (AI) has been developed under the field of computer science for more than 50 years. AI somehow only gains its prominence in the recent millennia when the necessary tools to test the hypothesis on nature of thought became available. Unfortunately, the absence of legal regulation on AI has caused AI to exist in a regulatory vacuum and nature abhors vacuum. The law is at the state of confusion about who shall be blameworthy for the damage caused by AI. The prevalence of this problem triggers for the expatiation of this review article in defining the scope of AI that must be regulated. The objective of this article is to suggest that AI with certain capabilities must be placed in the legal realm. This article will first begin by highlighting the problems associated with AI before directing the focus of the discussion to the various reasons that justify for AI to be regulated. This article will then explore the various approaches which can be adopted by government in regulating AI. These approaches can be a workable formula to procure the two-tier methods in regulating AI in Malaysia. The methodology devised for this article is based on doctrinal research where most of the materials are derived from text books, online resources and established academic databases. The findings made in this article suggest that AI must be regulated independently from the existing legal framework. Reason being, AI capabilities are unique in its own sense and therefore cannot be treated like other previous technologies. The outcome of this article will also able to contribute on issues relating to the legal liability of AI in Malaysia.

TINJAUAN YURIDIS PRAKTEK PEMBUATAN AKTA NOTARIS DALAM HAL PENGHADAP MENGHADAP DALAM KURUN WAKTU DAN TEMPAT YANG BERBEDA

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 119
Author(s):  
Anny Mawartiningsih ◽  
Maryanto Maryanto
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Judicial Review ◽  
Limited Time ◽  
Mutual Trust ◽  
Literature Study ◽  
Applicable Law ◽  
The Law ◽  
Encounter Time ◽  
Made In

Research on "Judicial Review of the Practice of Notarial Deed Making in the Facing Facing in Different Time and Place" aims to know and analyze the provisions or rules in authentic deed making by Notary in accordance with the applicable Law, the practice of making the deed in the case of confronting facing in, different time and place, and the validity of deeds made in, respects in different times and places. The approach of this study is sociological jurisdiction and data collection through literature study, observation and interview. Data analysis is done qualitatively.The provisions or rules in the authentic deed making by a notary shall in essence comply with the provisions of Articles 1867 and 1868 of the Civil Code, that authentic deeds as written evidence in the form as prescribed by law shall be made by or in the presence of a notary publicly authorized to manufacture an authentic deed in the place where the deed is made. In the making of authentic deed by the notary, the legislation referred to is the Law of Position Notary (UUJN). This is in accordance with the provisions of Article 1 to 7 of Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position stating that the Notary Deed hereinafter referred to as Deed is an authentic deed made by or in the presence of Notary by form and procedures specified in the Law of Notary (UUJN). The practice of making the deed in the case of face-facing, different time and place occurs because of the reason for its practicality due to the limited time confrontation and / or the existence of the interest that can not be abandoned. In addition to the mutual trust of the parties so that hand over the aktanya management to other parties. The validity of a deed made in respect of faces facing different times and places is authenticated as an authentic deed as long as the deed is made in a notarial position and read and signed in the presence of the parties with at least two witnesses present, unless the parties wish the acts are not read out. If it is not met or the signing is done in different time and place then the deed has legal force as deed under the hand.Keywords: Notarial Deed, Encounter, Time and Place

scholarly journals Clause of Unlawful Action that May Void Arbitration Rules

2021 ◽  
Vol 3 (1) ◽  
pp. 26-34
Author(s):  
Ahmad Yani Kosali ◽  
Dimas Pratama Putra
Keyword(s):  
District Court ◽  
Legal Research ◽  
Civil Court ◽  
Illegal Acts ◽  
The Law ◽  
Court Hearing ◽  
Made In ◽  
Illegal Action ◽  
Arbitration Award ◽  
Legal Force

Arbitration is a way of resolving a civil dispute outside a public court based on an arbitration agreement made in writing by the disputing parties. The problem in this research is whether the Arbitration decision can be overturned by the District Court because it contains clauses of illegal acts?, and What are the forms of illegal acts that can be overturned by the District Court? The type of research used is descriptive normative legal research. From the results of the research, it can be concluded that: An Arbitration Award can be overturned by the District Court because it contains a clause on illegal acts, is a decision that has been tested and examined through a civil court hearing that it is proven based on the evidence submitted by the disputing parties that the arbitration award contains actions against the law. And a form of illegal action that can be annulled by the District Court is a decision that has permanent legal force stating that the arbitration award is proven to have been an illegal act committed by one of the parties.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

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