Pola Penyelesaian Sengketa Waralaba Produk Teh Poci Di Ponorogo

2021 ◽  
Vol 1 (1) ◽  
pp. 29-40
Author(s):  
Haris Djayadi
Keyword(s):  
Dispute Resolution ◽  
Code Of Conduct ◽  
Legal Research ◽  
Existing Problems ◽  
Minimum Standards ◽  
Complaint Handling ◽  
The Law ◽  
The Ideal

The purpose of this study is first to find out the pattern of dispute resolution in the franchise practice of Teh Poci, the second is to describe what the ideal pattern should be. In accordance with the characteristics of the existing problems, the most relevant form of approach to analyzing the above problems is empirical legal research. This research sees law as a reality in society, meaning how the law is practiced. The settlement of default on the agreement in the Tea Poci product franchise business in Ponorogo is the cancellation of the contract as a result of default and is settled on the principle of peace, namely by consulting and negotiation techniques. Ideally, under such a mechanism the franchisor should develop an internal procedure for handling complaints. However, this procedure is not stipulated in the franchise agreement and meets certain minimum standards. This standard should provide a procedure for resolving disputes. If a dispute arises, either party can initiate a complaint handling procedure under the Code of Conduct, or under a franchise agreement.Tujuan dari penelitian ini adalah pertama untuk mengetahui pola penyelesaian sengketa dalam praktek waralaba Teh Poci, kedua untuk mendeskripsikan pola yang ideal yang seharusnya. Sesuai dengan karakteristik permasalahan yang ada, bentuk pendekatan yang paling relevan untuk menganalisis permasalahan di atas adalah penelitian hukum empiris. Penelitian ini melihat hukum sebagai realitas dalam masyarakat, artinya bagaimana hukum itu dipraktikkan. Penyelesaian wanprestasi atas kesepakatan dalam usaha waralaba produk Teh Poci di Ponorogo adalah batalnya akad akibat wanprestasi dan diselesaikan dengan prinsip damai yaitu dengan teknik konsultasi dan negosiasi. Idealnya, di bawah mekanisme seperti itu pemilik waralaba harus mengembangkan prosedur internal untuk menangani keluhan. Namun, prosedur ini tidak diatur dalam perjanjian waralaba dan memenuhi standar minimum tertentu. Standar ini harus menyediakan prosedur untuk menyelesaikan perselisihan. Jika timbul perselisihan, salah satu pihak dapat memulai prosedur penanganan keluhan berdasarkan Kode Etik, atau berdasarkan perjanjian waralaba.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

scholarly journals Perlindungan Hukum terhadap Advokat dan Klien dalam Penyelesaian Perkara Perdata

2021 ◽  
Vol 2 (3) ◽  
pp. 599-604
Author(s):  
I Putu Esha Wiryana Putra ◽  
I Made Arjaya ◽  
NI Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Code Of Ethics ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
Court Of Justice ◽  
The Law ◽  
The Relationship

The relationship between lawyers and clients that arises as a result of the legal relationship that is established often leads to legal disputes. The dispute can result in losses for both parties, while this legal arrangement regarding the issue has not fully accommodated the needs of advocates and clients. The purpose of this study is to analyze the rights and obligations of advocates and clients and dispute resolution that can be taken by advocates and clients. This type of research is a normative legal research, using a statutory approach. The results of this study indicate that the regulation regarding the rights and obligations of advocates is regulated in Law Number 18 of 2003 concerning Advocates and the code of ethics for advocates. Meanwhile, the rights and obligations of clients, as a broader understanding of consumers, are regulated in the Law on Advocates and the Civil Code. If there is a dispute due to a legal relationship that arises between an advocate and a client, the legal settlement can be through the Advocate Code of Ethics Body, the General Court of Justice and Arbitration, Mediation and other alternative dispute resolutions.

Free Notariatan Legal Services For The Community Are Not Able To Under The Law of Notary Office and Code Of Conduct and Its Application In Cilacap Regency

Authentica ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 99-118
Author(s):  
Putri Mayasari
Keyword(s):  
Code Of Ethics ◽  
Code Of Conduct ◽  
Legal Services ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Law ◽  
The Government ◽  
Business Entities

Notarial Legal Services for free to people cannot afford is one of the notary obligations which regulated in the Statute and Notary Code of Ethics, even tough most people assume that people who use Notary services are usually those who are financially capable, so it is very rare to find anyone not able to ask for free notary services, but the rule still exists and until now there has been no further explanation about the limits and procedures for its application, so giving rise to different comprehension in each of the Notaries, likewise happen in Cilacap Regency. Need to know wheter the regulation has comply the purposive of the law and the application of the regulation in Cilacap Regency. Study with the legal research with the statute approach and conceptual approach then analyzed qualitatively. The government should be able to immediately make implementing regulations from these provisions, the organization should also be more aggressive in socializing. This rule is expected to be applied to the deed of establishment of business entities in accordance with government programs.Keywords: Free Notariatan Legal Services, Notaries

scholarly journals The urgence of the code of conduct of the professional advocate in Indonesia

2022 ◽  
Vol 27 ◽  
pp. 368-373
Author(s):  
Citra Alambara ◽  
Made Warka ◽  
Slamet Suhartono
Keyword(s):  
Decision Making ◽  
Ethical Behavior ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Legal Research ◽  
Professional Code ◽  
Positive Law ◽  
Legal Problems ◽  
Moral Ethics ◽  
The Law

This research is a normative legal research, namely research that focuses on the study or study of positive law. The Advocate profession is related to the task of serving the community to help solve the legal problems it faces.  In carrying out their duties, advocates are guided by the Law on Advocates, but the norms of the law are considered insufficient, because the advocate profession is related to behavior that is not infrequently influenced by the moral ethics of advocates in every decision making. For this reason, in carrying out their duties, they still need an ethical guide as a guide in carrying out their professional duties. In this regard, the Advocate Professional Code of Ethics is very much needed in guiding the behavior of Advocates in making decisions and ethical behavior.

scholarly journals EFEKTIFITAS KEWENANGAN PAMINAL DALAM PENEGAKAN DISIPLIN DI POLRESTA BOGOR KOTA BERDASARKAN PERKAP NO. 13 TAHUN 2016 TENTANG PENGAMANAN INTERNAL DI LINGKUNGAN KEPOLISIAN

2020 ◽  
Vol 6 (1) ◽  
pp. 43
Author(s):  
Raden Imamul Umam Al-Mutaqin ◽  
Ani Yumarni ◽  
Inayatullah Hasyim
Keyword(s):  
Code Of Conduct ◽  
Social Institution ◽  
The Body ◽  
Sociological Research ◽  
Legal Research ◽  
The Law ◽  
Enforcement Authority ◽  
The City

Police often accused of protecting its members who violate the code of conduct, this is caused by the severity of the punishment, giving rise to a negative outlook on society. Paminal as one among the elements in the body the police had a role in helping the enforcement of the code of conduct of the police. It is caused by the presence of police members who violate the code of conduct in the field. The method used in this research is the method of juridical sociological (empirical), namely the law as a symptom of society, as a social institution or patterned behavior. This approach is known as empirical legal research or sociological research, which is used to find out about the Enforcement Authority Paminal In Bogor Police Discipline in the city.

AKIBAT HUKUM KELALAIAN KREDITUR DALAM MELAKUKAN ROYA ATAS JAMINAN FIDUSIA

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Ninik Meiyudianti
Keyword(s):  
Legal Research ◽  
Object Based ◽  
The Law ◽  
Credit Agreement

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor.  When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms  the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off.  The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches.  The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.

b

2019 ◽  
Author(s):  
Rizal Arya Wibowo
Keyword(s):  
Corporate Crime ◽  
Field Research ◽  
Legal Research ◽  
The Law

The company is related to things that occur after the law that is related to corporate crime. The purpose of the discussion of this article is to find out about prison sentences imposed on corporations, detention and settlement of corporate criminal acts. The type of legal research conducted is a type of normative legal research that examines literature sources without conducting field research. The conclusion of this article is that it can be fined, approved and finalized.

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