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 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 Violation of Consumer Rights by Electronic Media through Advertisements

2015 ◽  
Vol 1 (2) ◽  
pp. 69-76
Author(s):  
Ghulam Safdar ◽  
Ghulam Shabir ◽  
Abdul Wajid Khan
Keyword(s):  
Legal Protection ◽  
Research Paper ◽  
Electronic Media ◽  
Recent Past ◽  
Caveat Emptor ◽  
Face To Face ◽  
Consumer Rights ◽  
Open Markets ◽  
The Relationship

This research paper attempts to evaluate the consumer rights and their violation by electronic media through advertisement. This is misguiding the consumer to buy harmful and unnecessary products. This research also aims at interpolating and ascertaining the onus of responsibility of a responsible media with regards to advertising. In the recent past the principle of "Caveat Emptor" which meant "Buyers beware" governed the relationship between a seller and buyer. In the era of open markets the buyer and seller came face to face, seller exhibited his goods, and buyer thoroughly examined them and then purchased them. The assumption would be consumer would use all his care and skill while entering into a transaction. The buyer to examine the goods beforehand and most of the transactions are now concluded by correspondence. Discussion on consumer's rights and their violation by media through advertisements is suggestive that consumers today enjoy a good amount of legal protection. But, even today, a large number of us remain exploited.

scholarly journals PEMBAJAKAN KARYA LAGU MELALUI APLIKASI DI PLAYSTORE MENURUT PERSPEKTIF HAK CIPTA (TAXATION OF SONG WORKS THROUGH THE APPLICATION ON PLAYSTORE BY COPYRIGHT PERSPECTIVE)

2021 ◽  
Vol 5 (1) ◽  
pp. 16-32
Author(s):  
Aditya Suud ◽  
Suherman Suherman
Keyword(s):  
Computer Program ◽  
Digital Computer ◽  
Legal Protection ◽  
Electronic Media ◽  
Online Media ◽  
Electronic Information ◽  
Conceptual Approach ◽  
Electronic Documents ◽  
Research Type ◽  
Secondary Materials

Penelitian ini bertujuan untuk mengetahui dan memahami bagaimana bentukperlindungan hokum terhadap tersangka pada pembajakan hak cipta melaluiaplikasi di Indonesia. Khususnya terhadap karya cipta digital programcomputer dalam bentuk bentuk aplikasi yang berisi dokumen elektronikberupa karya cipta lagu atau musik milik orang lain yang kemudian dipublikasikan di salah satu aplikasi bernama Playstore. Penelitian inimenggunakan jenis penelitian Yuridis-Normatif dengan melakukanpendekatan peraturan perundang- undangan (statute approach) danpendekatan konseptual (konseptual approach). Pengumpulan data daribahan sekunder dilakukan dengan metode kepustakaan dan dianalisamenggunakan metode kualitatif dan melakukan analisis yuridis. Hasilpenelitian ini adalah di Indonesia belum ada aturan khusus mengenaipembajakan lagu melalui media daring atau Internet digital maka UU No. 28Tahun 2014 mengenai Hak Cipta dapat menjangkau hal tersebut denganmenggunakan dasar seperti yang telah dijelaskan diatas yaitu dapat dikaitkandengan pasal 32 Jo.pasal 48 UU No. 19 Tahun 2016 mengenai Informasi DanTransaksi Elektronik walaupun kejahatan yang dilakukan adalah mengenaipelanggaran hak orang lain yaitu Hak Cipta. Hal tersebut juga disebabkan olehkonsep yang belum tepat mengenai pengaturan pembajakan dalam mediainternet atau elektronik. Konsep yang diperlukan ini adalah denganmendirikan badan baru yang menjembatani dua aturan yang berbeda makahal ini akan menjadikan penanganan mengenai pelanggaran pembajakanmelalui aplikasi Playstore akan lebih jelas kewenangan mengadili daripermasalahan tersebut.Kata kunci: Hak cipta; Dokumen elektronik; Analisis yuridis; Mediadaring; Media elektronikBorneo Law Review : Vol.5 No.1 Juni 2021 17ABSTRACTThis study aims to find out and understand how the form of legal protection against suspects in copyright piracy through applications in Indonesia. Especially for digital computer program copyrights in the form of applications containing electronic documents in the form of songwriting or music belonging to other people which are then published in an application called Playstore. This study uses a juridical-normative research type by applying a statutory approach and a conceptual approach. Collecting data from secondary materials was carried out using literature methods and analyzed using qualitative methods. The result of this research is that in Indonesia there are no specific rules regarding pirating songs through online media or digital Internet. 28 of 2014 regarding Copyright can reach this by using the basis as described above, which can be linked to article 32 Jo. Article 48 of Law no. 19 of 2016 regarding Electronic Information and Transactions even though the crime committed was regarding the violation of the rights of others, namely Copyright. This is also due to the inaccurate concept of regulating piracy in internet or electronic media. The concept needed is to establish a new agency that bridges two different rules, so this will make handling of piracy violations through the Playstore application clearer in the authority to judge these problems.Keywords : Copyright; Electro

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.

scholarly journals Peranan Hukum Terhadap Konsumen Jual Beli Online di Indonesia

2019 ◽  
Vol 3 (2) ◽  
pp. 197
Author(s):  
Wawan Fransisco
Keyword(s):  
Research Methods ◽  
Credit Card ◽  
Legal Protection ◽  
Scientific Work ◽  
The Internet ◽  
Legal Research ◽  
Face To Face ◽  
Debit Card ◽  
Online Buying

This scientific work is entitled the role of law on consumers of online buying and selling in Indonesia, in writing using normative legal research methods, namely by reading, studying, analyzing various laws and regulations, literature, scientific writings, and papers related to the material being examined. Online buying and selling is a way to shop through cyberspace or the internet where the payer uses a credit card or debit card, so without the need to meet face to face. Buyers or in this case consumers can order goods to sellers throughout Indonesia so easily. Therefore in this paper will explain in general about legal protection for consumers buying and selling online in Indonesian.

ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 114
Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Electronic Media ◽  
Primary Data ◽  
The Internet ◽  
Legal Problem ◽  
Civil State ◽  
Consumer Protection Act ◽  
The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Research ◽  
State Budget ◽  
Indonesian Government ◽  
Secondary Sources ◽  
The Law

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.

scholarly journals Challenge Management of Banking Services – with Special Reference to Virtual Banking Service Challenges

2020 ◽  
Vol 7 (3) ◽  
pp. 57-66
Author(s):  
J Shifa Fathima
Keyword(s):  
Credit Card ◽  
Management Strategies ◽  
Internet Banking ◽  
Banking Services ◽  
Service Channel ◽  
Online Transactions ◽  
Secondary Sources ◽  
Banking Service ◽  
Wide Range ◽  
Degree Of Satisfaction

The Indian Banking industry is seeing an exceptional challenge. To remain ahead, banks are thinking of plenty of services to draw customers. Services including 24-hours banking, Service at entryway step, Telephone banking, Internet banking, Extended Business Hours (EBH), Speedy handling are just a couple to mention. The larger piece of the present bank transactions happens elsewhere other than in-branch premises. This shows the growth of “virtual” banks in India. With accommodation, speed, productivity, and adequacy, these virtual banks, as a result, have opened up another universe of conceivable outcomes and brought major changes in giving a wide scope of services. Virtual banks are presently observed as a response to the challenge of planning another service channel that is completely secure, useful, and which customers can promptly figure out how to utilize and confide in it. (Aladwani, A, M.) Virtual banking, an amazing “esteem included” instrument, has become the point of convergence for banks to attract and hold customers. However, the point of these services is to satisfy customers; there is a need to comprehend customer mindfulness, observation, and significantly the degree of satisfaction. Virtual banking is a transporter that licenses customers to access and do economic transactions on their financial foundation obligations from their web empowered PC systems with net association with banks’ web locales whenever 24 Hours. Banks assume a vital job in advancing online businesses. Even though V-customers have the alternative of money down, which is by all accounts secure reliable, still there is an inclination for the V-payment plans, which must be given through banks. Banks go about as solid and dependable go-betweens in online transactions, and they give an intense opening in the online business. At present, banks have V-payment systems like Internet banking, electronic fund transfers (NEFT/RTGS), plastic money (credit card and debit card), and portable banking. These systems give payment to online transactions like the online acquisition of items, versatile revives, lodging booking, ticket booking, and so forth by considering a wide range of safety efforts. For the genuine working of these V-services, the need for able frameworks is an unavoidable element. Reserve Bank of India is observing and inspecting the legitimate and different requirements of V-Banking on persistent bases to guarantee that V-banking would create on sound lines, and V-Banking related challenges would not represent a risk to financial dependability. Hence, the present study is on the challenges of Virtual banking services in its challenge management strategies and the study based on secondary sources of data.

scholarly journals Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL)

2020 ◽  
Vol 1 (1) ◽  
pp. 130-134
Author(s):  
Gemaya Wangsa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Wayan Arthanaya
Keyword(s):  
Digital Media ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Electronic Evidence ◽  
Procedure Code ◽  
Valid Evidence ◽  
Device Classification ◽  
Article 5 ◽  
Case Number

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.

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