scholarly journals Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu

2021 ◽  
Vol 2 (3) ◽  
pp. 525-530
Author(s):  
Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Credit Card ◽  
Legal Protection ◽  
Legal Interpretation ◽  
Electronic Contracts ◽  
Deductive Logic ◽  
Electronic Transactions ◽  
Electronic Contract ◽  
Legal Arguments ◽  
Legal Consequences ◽  
Special Protection

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.

scholarly journals Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerce

2021 ◽  
Vol 2 (3) ◽  
pp. 641-645
Author(s):  
Putu Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Credit Card ◽  
Legal Protection ◽  
Electronic Media ◽  
Electronic Information ◽  
Face To Face ◽  
Secondary Sources ◽  
Electronic Contracts ◽  
Electronic Contract ◽  
Valid Evidence ◽  
Article 5

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.

scholarly journals Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999

2021 ◽  
Vol 2 (1) ◽  
pp. 145-149
Author(s):  
Nyoman Triananda Prayoga ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Consumer Protection ◽  
Credit Card ◽  
Credit Cards ◽  
Legal Protection ◽  
Legal Norms ◽  
Legal Rules ◽  
Protection Legislation ◽  
Plastic Card ◽  
The Government ◽  
Legal Consequences

At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.

scholarly journals Perlindungan Hukum Para Pihak dalam Perjanjian Jual Beli Melalui Media Elektronik

2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Pande Bagus Yoga Pratama Putra ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Human Trafficking ◽  
Research Method ◽  
Legal Protection ◽  
Power Of Attorney ◽  
Legal Research ◽  
Online Transactions ◽  
Internet Media ◽  
Electronic Transactions ◽  
The Media ◽  
Legal Consequences

Electronic commerce (E-commerce is basically an act in which contact online transactions using the internet media, and also the existence of E-Commerce is a promising business alternative to be implemented today. This study aims to analyze the validity of the sale-purchase agreement through the media. electronic or internet according to Law No. 11 of 2008 and knowing the form of legal protection for parties in sale and purchase agreements through electronic media in the event of a failure. The research method used is normative legal research with a bullying approach. wan achievement, the party who is responsible for all legal consequences in the implementation of electronic transactions is if it is done alone, all legal consequences in the execution of the transaction are the responsibility of the transacting parties if it is done by granting power of attorney all legal consequences in the implementation of t Electronic transactions are the responsibility of the attorney if done through an electronic agent. All legal consequences in the implementation of electronic transactions are the responsibility of the electronic agent operators. It's simple if in this case an honest character is needed in good faith, where the seller and the buyer must be honest with each other, there are no parties and are harmed for their benefit only so that a valid agreement occurs, and also the goods being traded do not violate the law in Indonesia, such as sharp weapons, protected animals, human trafficking, and drugs.

scholarly journals Applying Smart Contract in Indonesian E-Commerce

2021 ◽  
Vol 10 (5) ◽  
pp. 3020-3022
Keyword(s):  
Systematic Review ◽  
Financial Services ◽  
Legal Protection ◽  
Contract Law ◽  
Smart Contracts ◽  
Legal Certainty ◽  
Electronic Contracts ◽  
Smart Contract ◽  
Electronic Contract ◽  
British Research

One of the potentials that can be done by smart contracts is the application of buying and selling business in e- commerce. In a study conducted by the British research institute Merchant Machine as reported in databoks.katadata.co.id states that, out of the 10 list of countries that have the fastest e-commerce growth, Indonesia leads the ranks of these countries with growth reaching 78% in the year 2018. As you know, blockchain not only develops cryptocurrency but also in financial services and smart contract payments. Legal arrangements that apply to smart contracts governed by contract and sale and purchase laws in Indonesia have not yet been found, and need to be explored in order to provide certainty regarding legal protection that can guarantee parties who use smart contracts to guarantee legal certainty and fairness in their application. The research that will be conducted in answering these questions uses a systematic review method, the researcher traces the legislation regarding consumer protection, as well as the principles of electronic contract law that can be applied. The results of the study concluded that with the regulations regarding electronic contracts, smart contracts are legal contracts that can be applied in Indonesia.

scholarly journals The Legal Nature of the Electronic Contract (comparative study)

2021 ◽  
Vol 58 (1) ◽  
pp. 2260-2276
Author(s):  
Dr. Yassin Ahmad alqudah, Dr. Raed Mohammad Flieh Alnimer
Keyword(s):  
Technological Development ◽  
Legal Protection ◽  
Human Mind ◽  
The Internet ◽  
Electronic Signature ◽  
Electronic Contracts ◽  
General Rules ◽  
Legal Nature ◽  
Electronic Contract ◽  
Important Means

There is no doubt that the huge development in the revolution of communications and modern technologies in addition to modern technological development in general led to the emergence of electronic commerce through which the electronic contract. It is necessary to shed light on this modern type of transaction to clarify the nature of the laws and provisions that govern it, so as to provide legal protection for the clients in this field. For this reason, I have considered dealing with this area, which will require legal systems to be subject to the provisions and laws necessary to settle disputes that may arise, and to high light on the nature of the electronic contract by holding it and proving it only. The Internet has been one of the most important innovations of the human mind in the field of informatics since the end of the last century. It removed geographical boundaries between countries and helped to turn the world into a small village and developed e-commerce. The Internet is one of the most important means through which Conclusion of electronic contracts. The electronic contract is validated by verifying the validity of the pillars: the object, the cause, the agreement and the eligibility, which are organized in the same framework as the general rules regulating the traditional contract. With some specificity of these pillars, the scope of the general rules is not broadened; to accommodate the eligibility of the contractors, it is difficult to ascertain the identity of the contracting parties and their eligibility, electronic signature and certification to try and fill gaps in this range.

Memperkuat Daya Saing Bank Syariah Dengan Meningkatkan Kemampuan Teknologi Informasi

Liquidity ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 32-41
Author(s):  
Amrizal Amrizal
Keyword(s):  
Information System ◽  
Credit Card ◽  
Banking Industry ◽  
Integrated System ◽  
Integrated Systems ◽  
Islamic Banks ◽  
Electronic Money ◽  
Electronic Transactions ◽  
Excellent Service ◽  
Debit Cards

Banking industry is very tight competition in all aspects. Results review from some literatures: journals and empirical data indicates that the banking industry has been applied information technology in order to provide excellent service to customers in the form of electronic transactions such as ATM, sms banking, e-commerce and so forth. Based on Bank Indonesia reports, the type of electronic transaction has been growing very rapidly between the transaction and Bilyetgiro Elekteronik Checks, ATM, Credit Card, Account Card Based (ATM and Debit Cards), Electronic Money, Delivery Chanel and RTGS. Those above transactions are relating to the Technology Information System and Integrated System. Integrated system is the combination of Hardskill which focus on knowledge and more to the integrity softskill (shidiq, trustworthy, tablig, fathonah). Islamic banks are ready to face competition both nationally and internationally, primarily face competition from the aspect of Integrated Systems. Bank Syariah Mandiri (BSM) developed e-banking features on an ongoing basis, among others

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

The Protection of Women in International Humanitarian Law

1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill
Keyword(s):  
World War I ◽  
Geneva Convention ◽  
Legal Protection ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
The Hague ◽  
Special Protection

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Reformulasi Sanksi Pidana Pencemaran Nama Baik Melalui Media Online

2019 ◽  
Vol 21 (2) ◽  
pp. 327-338
Author(s):  
Rahmat Fadli ◽  
Mohd. Din ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Online Media ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
The Law ◽  
Sense Of Justice

Penelitian ini bertujuan untuk mengkaji perlindungan hukum terhadap korban pencemaran nama baik melalui media online dan menjelaskan pemenuhan restitusi yang seharusnya diterima korban pencemaran nama baik melalui media online. Pencemaran nama baik merupakan perbuatan melawan hukum, dikarenakan telah menyerang kehormatan atau nama baik seseorang. Rumusan tindak pidana pencemaran nama baik melalui media online diatur dalam Pasal 27 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik. Sanksi pidananya diatur dalam Pasal 45 ayat (3) Undang-Undang ini. Dalam Undang-Undang ini belum diatur sanksi pidana yang berbentuk restitusi, sehingga kurang melindungi korban pencemaran nama baik melalui media online. Metode penelitian ini adalah yuridis normatif dengan menggunakan bahan hukum primer, sekunder, dan tersier, Berdasarkan hasil penelitian ditemukan bahwa ancaman pidana pada Pasal 45 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik belum memenuhi rasa keadilan dan memberi manfaat kepada korban. Karena pada pasal ini belum mengatur sanksi pidana yang bersifat ganti rugi terhadap korban. Reformulation of  Criminal Sanctions on Defamation Through Online Media This study aims to examine the legal protection of victims of defamation through online media and explain the fulfillment of restitution that should be received by victims. Defamation is an act against the law, because it has attacked someone's honor or reputation. The formulation of criminal defamation through online media is regulated in Article 27 paragraph (3) of the Information and Electronic Transactions Law. The criminal sanctions are regulated in Article 45 paragraph (3). This law has not yet regulated criminal sanctions in the form of restitution, so it does not protect victims of defamation through online media. The research method is a normative juridical by using primary, secondary, and tertiary legal materials. The results found that the criminal threat in Article 45 paragraph (3) of the Law on Information and Electronic Transaction had not fulfilled a sense of justice and benefited for victims. It is because this article does not yet regulate criminal sanctions that are compensation for the victim.

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