scholarly journals Perlindungan Hukum Terhadap Nasabah Kaitannya dengan Lembaga Penjamin Simpanan

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 237
Author(s):  
Tadevin Switkar Putri

A relation between customer with the bank is only based on the trust, it was not generally balance because the real understanding note just coming from one side which is only from the bank. This unbalanced risk make their debit at the dissolved bank become a common priority to be given, it is very important to provide a legal protection for customers and this is deemned to be studied further based on the perspective of legal protection for customer. From those explanation there is a blurring norms. This research was reviewed based on normative legal research with a legal approach, conception approach, and analytical provisions. The legal materials are sourced from primary, secondary and tertiary materials. Legal materials are collected using snowball system techniques and analyzing legal materials using description technique and interpretation technique. The purpose of this research is to elaborate on the public to understand the regulation of bank customer protection, and understand about the protection of customer which is not covered by LPS. The result of the study concluded that : there was certainty of way out from the problematic or dissolved bank, namely by completing based on article 6 paragraph (2) of the LPS law, this also resolving the problem of crisis against the economy. To protect the norms to save the consumers in related to heir savins which is not borne by LPS, can be specified in accordance with the fabric of bank norms for consumers save which is based on the agreement and based on non contractual relation. Hubungan antara nasabah dengan bank hanyalah berlandaskan atas kepercayaan, maka dalam kedudukannya hal ini menjadi hal yang tidak seimbang. Akibatnya lahirlah sebuah kesepakatan riil satu arah yaitu oleh bank. Tidak setaranya resiko ini menjadikan debit persediaan konsumen bagi institusi ini yang sudah dibubarkan bukanlah menjadi hal pokok untuk dipenuhi, hingga konsumen dianggap krusial untuk mendapatkan perlindungan hukum dan dianggap perlu untuk hal ini dikaji lebih lanjut dari sudut pandang perlindungan hukumnya terhadap konsumen. Dari penjelasan itu terjadi kekaburan norma. Penelitian ini ditinjau dari penelitian hukum normatif dengan pendekatan perundang-undangan, ketetapan konsepsi, dan ketetapan analitis. Bahan hukum bersumber pada bahan hukum primer, sekunder dan tersier. Bahan hukum dikumpulkan dengan teknik sistem bola salju dan menganalisis bahan hukum menggunakan teknik deskripsi dan teknik interpretasi. Tujuan penelitian ini yaitu mengelaborasi dan memahami pengaturan perlindungan nasabah bank, dan paham tentang perlindungan nasabah yang tak ditanggung LPS.  Hasil studi memberi kesimpulan bahwa: adanya kepastian jalan keluar dari bank yang bermasalah maupun gagal yakni dengan menyelesaikan berdasarkan atas Pasal 6 ayat (2) UU LPS serta menyelesaikan masalah krisis terhadap perekonomian. Pengamanan norma-norma kepada konsumen penabung sehubungan tabungannya yang tiada ditanggung LPS bisa dirinci berdasarkan jalinan norma bank kepada konsumen penabung yakni atas dasar jalinan kesepakatan dan berdasarkan hubungan non kontraktual.

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right


2021 ◽  
Vol 8 (2) ◽  
pp. 232
Author(s):  
Retno Hadiningtyas

Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.


2018 ◽  
Vol 5 (1) ◽  
pp. 116
Author(s):  
Sugiharto Sugiharto ◽  
Jehan Bestari Amartiwi

The criminal act of domestic violence is very common talk among the public. Domestic violence often occurs due to several factors, among which are economic factors that occur in the household as was the case between husband and wife or parents and children. The method used is the juri dical methods of sociology with emphasis on research that was done on the real state of society. Research shows that the legal protection of children as victims of criminal acts of violence committed by parents in the region, namely Demak amicably and lega l action . 


2021 ◽  
Author(s):  
Maman sufirman

The essence of this journal is about the resolution of human rights cases in Indonesia that still often ignore the human rights of victims. Settlement of human rights cases needs to be resolved fairly and pay attention to the value of human rights of all parties concerned. It's not just seeing who's in charge and that's what's being defended. The Settlement of Human Rights must be done fairly regardless of feathers. In this journal will raise the case of misrepresentation that occurred to 4 complainants Cipulir in Indonesia. Both were arrested and arrested on charges of murder they did not commit. This journal is the result of normative legal research. The results showed that legal protection against victims of misconduct has been regulated in the Law only justice can not be applied because of the lack of professionalism of investigators, the public and victims of misrepresentation who do not understand their rights and legal procedures.


Author(s):  
Desyanti Suka Asih K.Tus

Requirement of originality is determined by Article 1 paragraph (3) Act Number 19 of 2002 on Copyright can be easily applied to new creations, but when it comes to creations such as traditional folktale takes more search to determine their originality. Folktale began to transferred into another form that is more interesting, but reduce the element of originality to the story so the younger generation may not know the real form of the folktale. Based on that background, this study discussed problem about originality concept on copyright in a work, Act Number 19 of 2002 on Copyright and the Berne Convention and the legal protection on originality of folktale. This study is a normative legal research, using the statute approach and the conceptual approach. The outcome of this study show that the provisions of the originality of an inventions as set forth in Article 1 paragraph (3) of Act Number 19 of 2002 on Copyright defined creativity as the basis for determining the originality of a work. Protection for the originality of folktale can be done with the passage and implementation of documentation Article 15 and Article 35 of Act Number 19 of 2002 on Copyright.


2016 ◽  
pp. 75-88
Author(s):  
Indriyana Dwi Mustikarini

Countries as member of the ASEAN established economic community to provide easy entry and exit of goods from the Southeast Asia countries. It aims to creating fail economic growth in Southeast Asia, improving living standards and reducing the poverty. This situation had an impact on the existence of intellectual property rights, primarily trade secrets to be protected because the trade secrets do not legally require registration. The research method uses a legal research. The legal research is a process of finding the laws, legal principles and the legal doctrines in order to answer the legal issues. The approach that is used in the legal research is statute approach. The results of the research are that legal protection of trade secrets toward the ASEAN economic community covers producing methods, processing methods, selling methods, or other information on technology and/or business that has added values but the public do not know. Property rights can be obtained without registration. The legal protection of trade secrets is regulated in TRIPS and Act No. 30 of 2000. However, regulation of property rights on the trade secret rights is still not available, so there is legal uncertainty.


2021 ◽  
Vol 2 (8) ◽  
pp. 1381-1391
Author(s):  
Yana Sylvana ◽  
St. Laksanto Utomo

In Indonesia, the Covid-19 pandemic is entering a critical period. Health workers are a profession that is on the cutting edge of the fight against Covid-19. In these circumstances, health workers may have to put their lives on the line to safeguard the public from the development of the Covid-19 pandemic. The discussion's findings suggest that the legal protection of health workers' workplace safety as a result of the Covid-19 outbreak has not been properly applied, as required by law. During the Covid-19 pandemic, the rights of health professionals were still being ignored and not being met. As a result, the worldwide government's role and obligations are required to ensure that health professionals' rights as frontline responders to the spread of Covid-19 in Indonesia are respected. However, in fact, misunderstandings that lead to mediation are still common in the sphere of injustice, as are cases-certain bad cases 2 that could result in a repeat of events since there is no protective force or penalty that would prevent a person from behaving as a victim. In this study, the legal method adopted was normative legal research. The findings reveal that medical personnel's legal protection and right to safety have been regulated by legislation. These provisions, on the other hand, do not address the possible consequences of the Covid-19 virus spreading.


2020 ◽  
Vol 4 (1) ◽  
pp. 266
Author(s):  
Upik Mutiara ◽  
Nur Insani

This writing aims to find out how the form of legal protection against consumers in the event of default in conducting drug sales transactions through online pharmacy services and to find out the form of liability by the seller or pharmacist when committing negligence to consumers in the transaction. This writing uses the normative legal research method with the data collection method used is the Literature Method; Tracing the research material is done by reading, studying, and quoting legislation, and related literature and then the data obtained are analyzed qualitatively.The results of this study address that: (1) the form of legal protection for online pharmacy consumers has been specifically regulated in the health law, the law on health workers and generally regulated in the consumer protection law. (2) The legal consequences obtained by the pharmacist or negligent seller is to provide compensation to consumers if proven to have neglected and are responsible for their profession both in civil and administrative terms. Based on these results, it is recommended: (1) pharmacists or sellers to pay close attention to every doctor's prescription that enters the pharmacy system in order tomaintain the safety and security of consumers in consuming drugs. (2) Consumers or the public must be more careful when receiving drugs from pharmacists so that if pharmacists are negligent, drugs can be replaced immediately before consumption.


2018 ◽  
Vol 1 (1) ◽  
pp. 217
Author(s):  
Willy Putra ◽  
Aji Wibowo

Rights in human rights have a position or prime and first degree in community life Article 28I Paragraph 2 of the 1945 Constitution provides that everyone is free from discriminatory treatment. However, discriminatory treatment still occurs misses in the case of Dwi Aryani Vs Etihad Airways which is derived by the airline on the grounds that he is a person with disabilities who are in wheelchairs and no counselors. How the implementation of legal protection by airlines on equal rights for groups of persons with disabilities in aviation transport The author examines this issue using legal research methods for academic purposes. The research data shows that the airport does not yet have complete facilities for groups of persons with disabilities, the absence of technical regulations / implementers that further regulate the Law No. 8 of 2016, lack of socialization and education to the public, airport service providers, airlines, and field officers. This is why the protection of groups with disabilities is less effective. Governments should issue technical / implementing regulations related to the Disability Law, and conduct socialization and education to the public, airport facility providers, airlines and field workers.


Author(s):  
Ayup Suran Ningsih

Banking is one of the institutions in the financial sector that provides services to users and customers. The development of science, information, and technology, makes it easy to develop the banking system itself, by developing systems and services that aim to provide facilities and pamper its customers. With regard to flexibility, efficiency and practicality. Thus, was born a new method in developing banking services for customers, where the system is called electronic banking, or usually with the term e-banking which allows customer service users to use it, anywhere and anytime, not limited by time with the service. As for the making of this journal, he uses an approach to the type of normative legal research, where research is carried out in research conducted by examining library materials related to this issue. The problem raised by the author is how the normative juridical review is related to the protection of bank users using M-Banking from the threat of crime in the digital world and what forms of legal protection are for bank customers in the use of M-Banking. So that through this paper, it is hoped that it will be useful for the protection of the public so that customers become safer.


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