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 Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Saut Maruli Tua Manik
Keyword(s):  
Dispute Resolution ◽  
Secondary Data ◽  
District Court ◽  
Constitutional Court ◽  
Basic Law ◽  
The Law ◽  
The Republic ◽  
Branch Office ◽  
Law Construction ◽  
Religious Courts

<strong>                                                                         ABSTRACT</strong><p>Since the growth of syariah banking in Indonesia, law constraints have been faced, Law Number 7 of 1992 concerning Banking changed into Law Number 10 Of 1998. Law Number 21 of 2008 on syariah Banking, Law Number 3 of 2006 has no effect on the method of dispute resolution of syariah economy. Decision of the Constitutional Court No. 93 / PUU-X / 2012 which strengthens the Religious Courts in accepting, examining, deciding syariah economic cases, but the practice there is still a syariah economic dispute resolution submitted to the District Court. Like the lawsuit to BPSK, against the decision of BPSK, its law remedy to the District Court, another example of using the District Court to resolve the syariah dispute is a matter between CV. Makmur Rezeki with PT. Bank Syariah Mandiri Branch Office Medan Ringroad. This creates a prolonged law uncertainty. This study examines the establishment of a special syariah economic court within the Religious Courts as an institution that can solve the law uncertainty. This study focuses on: First, the importance of the establishment of special courts within the Religious Courts in the settlement of syariah economic disputes; Secondly, the law construction of the establishment of a special syariah economic court within the Religious Courts. This research is a normative-empirical law research, the primary and secondary data sources Obtained from library research and field analyzed by using qualitative method. Qualitative analysis is done by taking into account the facts that exist in the field and combined with secondary data obtained from literature materials. The results of the study show that, Firstly, Decision of the Constitutional Court Number 93 / PUU-X / 2012 which strengthens Religious Courts as the institution authorized to receive, examine, decide the case of syariah economy. In fact, the resolution of the syariah economic dispute still exists in the District Court. The occurrence of dualism of dispute resolution of syariah economy was caused by the unharmonious of legislation and factor of Choice of Forum and factor of judge who should not refuse the case; Secondly, the existence of special court in solving of syariah economic dispute in the environment of Religious Court was supported by law construction namely Basic Law of 1945 and Law Number 48 of 2009 regarding Judicial Power, and position within the Religious Courts under the Supreme Court of the Republic of Indonesia in accordance with Law Number 3 of 2006 concerning Amendment to Law Number 7 of 1989 concerning Religious Courts and Law Number 50 of 2009 on the Second Amendment to Law Number 7 of 1989 on Religious Courts.</p><p><strong>Keywords: Establishment, Special Court, Syariah Economic Dispute</strong></p>

scholarly journals PERANAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA PAYAKUMBUH TERHADAP SENGKETA KONSUMEN

2019 ◽  
Vol 4 (2) ◽  
pp. 321
Author(s):  
Nedi Rinaldi
Keyword(s):  
Economic System ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Field Research ◽  
Secondary Data ◽  
Trade Regulation ◽  
Interview Techniques ◽  
Economic Control ◽  
The Republic

The Consumer Dispute Settlement Agency (BPSK) as a product of Law Number 8 of 1999 concerning Consumer Protection (UUPK) in conjunction with Decree of the Minister of Industry and Trade Number: 350/MPP/Kep/12/2001 concerning Implementation of Duties and Authorities of abbreviated Consumer Dispute Resolution Bodies BPSK and the Minister of Trade Regulation Number: 06/M-DAG/PER/2/2017, are institutions for resolving consumer disputes outside the court that should be part of efforts to protect consumers (end) categorized as weak when disputing with stronger business actors . The reality to date, BPSK still has many weaknesses and shortcomings. This condition is exacerbated by the growing strength of neoliberalism that affects the global economic system, which is realized or not has occurred in the strong economic control of business actors against the weak (consumers). This research is field research, namely field research with interview techniques to the parties involved that are directly related to the problem the author discussed, namely Payakumbuh City BPSK and aims to examine the efforts that can be done to optimize BPSK as an institution of consumer dispute resolution in outside the court that is fast, useful and meets the value of justice for the consumer community. This paper is based on a study of prime data and secondary data analyzed qualitatively. Based on the results of the study, efforts can be made to optimize Payakumbuh City BPSK which was formed in 2015 based on the Decree of the Minister of Trade of the Republic of Indonesia Number: 646 /M-DAG/Kep/4/2015, dated April 8, 2015 which can help consumers who feel disadvantaged by business actors.

scholarly journals PENERAPAN PEMBUKTIAN SEDERHANA DALAM KEPAILITAN MENURUT UNDANG-UNDANG NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI KASUS: PUTUSAN NOMOR: 04/PDT.SUS.PAILIT/2015/PN.NIAGA.JKT.PST)”

2019 ◽  
Vol 1 (2) ◽  
pp. 875
Author(s):  
Rafael Angelo Dias ◽  
Suyud Margono
Keyword(s):  
Research Methods ◽  
Simple Proof ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Simple Manner ◽  
Concrete Form ◽  
The Law

In submitting a bankruptcy application, the applicant must submit evidence to prove the existence of a debt. The specialty of proof in the law of bitterness is the existence of simple proof, according to the juridical requirements as referred to in Article 8 paragraph (4) according to the juridical requirements as referred to in article 2 paragraph (1) of the bankruptcy law. This simple proof can also cause problems. One concrete form of the problem that arises in this simple verification in practice is the decision of the Commercial Court at the Central Jakarta District Court with the decision number: 04 / Pdt-Sus.Pailit / 2015 / PN.Niaga / JKT.PST between the Service Authority Commissioner Board and PT Asuransi Jiwa Bumi Asih Jaya. The problem is how to apply simple evidence in the case. This writing uses normative legal research methods which are based on primary data and secondary data which are analyzed descriptively with conceptual and legislative approaches. Based on the analysis according to Article 8 paragraph (4) in conjunction with Article 2 paragraph (1) UUKPKPU, it can be stated that the debt of PT Asuransi Jiwa Bumi Asih Jaya has been proven in a simple manner, but the Judges in the decision rejected the application on the grounds that the debt proof was not simple. 8 paragraph (4) UUKPKPU.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals PELAKSANAAN MEDIASI PADA PENYELESAIAN PERCERAIAN DI PENGADILAN AGAMA KUNINGAN

2017 ◽  
Vol 4 (2) ◽  
pp. 98
Author(s):  
Fitri Purnamasari, Diding Rahmat Dan Gios Adhyaksa
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Secondary Data ◽  
Negotiation Process ◽  
Primary Data ◽  
Access To Justice ◽  
Literature Study ◽  
Thesis Writing

AbstractThe author conducted this research with the background of the implementation of Mediation in Kuningan Religious Court in Kuningan. The purposes of writing this paper are to know how the Implementation on Divorce Settlement in Kuningan Religious Court and to know the factors that affect the success of mediation in the Kuningan Religious Court. The method used in this research is with empirical juridical approach using primary data and secondary data and data collection techniques are interviews, observation and literature study. The results of this research are the mediation arrangements set out in the Supreme Court Regulation (PERMA ) Number 1 Year 2016 about Mediation Procedures in Courts and more specifically stipulated in the Decree of the Chief Justice Number 108 / KMA / AK / VI / 2016 on Mediation Governance at the Court. Mediation is the means of dispute resolution through the negotiation process to obtain agreement of the Parties with the assistance of the Mediator. Mediator is a Judge or any other party who has a Mediator Certificate as a neutral party assisting Parties in the negotiation process to see possible dispute resolution without resorting to the disconnection or enforcement of a settlement. Its implementation has been regulated in Law Number 1 Year 1974 about concerning Marriage, Compilation of Islamic Law, and Supreme Court RegulationNumber 1 of 2016 concerning Mediation Procedure in Court. The conclusion of this thesis writing is Mediation which should be one of the alternative process of dispute settlement which can give greater access to justice to the parties in finding satisfactory dispute settlement and to fulfill the sense of justice, and become one of the effective instrument to overcome the problem of case buildup especially for the case Divorce, in the end has not been effectively implemented.Keywords: Mediation, Divorce, Marriage.�AbstrakPenulis melakukan penelitian ini dengan latar belakang yaitu bagaimana pelaksanaan Mediasi pada Pengadilan Agama Kuningan. Tujuan penulisan ini untuk mengetahui bagaimana Pelaksanaan pada Penyelesaian Perceraian di Pengadilan Agama Kuningan dan untuk mengetahui bagaimana faktor-faktor yang memepengaruhi keberhasilan mediasi di Pengadilan Agama Kuningan. Metode yang digunakan dalam penelitian ini adalah dengan pendekatan yuridis empiris dengan menggunakan data primer dan data sekunder serta alat pengumpulan data yang digunakan melalui wawancara, observasi dan studi pustaka. Hasil penelitian ini adalah pengaturan mediasi diatur dalam Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dan lebih spesifik diatur dalam Keputusan Ketua Mahkamah Agung Nomor : 108/KMA/AK/VI/2016 tentang Tata Kelola Mediasi di Pengadilan. Mediasi adalah cara penyelesaian sengketa melalui proses perundingan untuk memperoleh kesepakatan Para Pihak dengan dibantu oleh Mediator. Mediator adalah Hakim atau pihak lain yang memiliki Sertifikat Mediator sebagai pihak netral yang membantu Para Pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian. Pelaksanaannya telah di atur dalam Undang-Undang Nomor 1 Tahun 1974 tentang Perkwinan, Kompilasi Hukum Islam, dan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Kesimpulan dari penulisan skripsi ini adalah Mediasi yang seharusnya menjadi salah satu alternatif proses penyelesaian sengketa yang dapat memberikan akses keadilan yang lebbesar kepada para pihak dalam menemukan penyelesaian sengketa yang memuaskan dan mmemenuhi rasa keadilan, serta menjadi salah satu instrumen efektif mengatasi masalah penumpukan perkara khususnya untuk perkara perceraian, pada akhirnya belum efektif dilaksanakan.Kata Kunci : Mediasi, Perceraian, Perdata

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals Proses Pembuatan Akta Jaminan Fidusia Menggunakan Kendaraan Bermotor Yang Masih Dalam Proses Inden Sebagai Jaminannya

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 162
Author(s):  
Raymond Bagus Nurchandra ◽  
Retno Murni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Purchase Order ◽  
Analysis Techniques ◽  
Proof Of Ownership ◽  
Secondary Data Sources ◽  
The Law

The purpose of this research is to determine the validity of a fiduciary security deed using a motorized vehicle that is still in the indent process as a guarantee. This type of research is empirical legal research which is based on primary data sources and secondary data sources. Then the conclusions are drawn through descriptive analysis techniques. The results show that a motorized vehicle that is still in the pivoting process can be charged with a fiduciary guarantee, but the debtor must attach proof of the order given by the dealer The part that will pay the vehicle in full to the dealer is the bank and after the proof of payment is given in full, the proof must be presented in front of a notary. The debtor must also make his own statement if the BPKB has been issued, it must be immediately submitted to the bank. The validity of a fiduciary guarantee deed that uses a motorized vehicle that is still in the pivot process as evidence is legally recognized because in the provisions of the explanation of article 6 letter c of the Law on Fiduciary Security does not clearly emphasize the existence of BPKB ownership so that proof of purchase orders can already be obtained. used as proof of ownership of a motorized vehicle that is still in the process of being indented.   Tujuan dari penelitian ini adalah untuk mengetahui keabsahan suatu akta jaminan fidusia yang menggunakan kendaraan bermotor yang masih dalam proses inden sebagai jaminannya. Jenis penelitian yang digunakan adalah penelitian hukum empiris yang didasarkan pada sumber data primer serta sumber data sekunder kemudian ditarik kesimpulannya melalui teknik analisis deskriptif. Hasil penelitian menunjukan bahwa kendaraan bermotor yang masih didalam proses inden dapat dibebankan dengan jaminan fidusia namun pihak debitor harus melampirkan bukti pemesanan kendaraan bermotor tersebut yang diberikan oleh pihak dealer. Pihak yang akan membayarkan kendaraan tersebut secara lunas kepada dealer adalah pihak bank dan setelah diberikannya tanda bukti pembayaran secara lunas tersebut maka bukti tersebut harus dipaparkan dihadapan pihak Notaris. Pihak debitor juga harus membuat surat pernyataan sendiri jika BPKB sudah terbit maka harus segara diserahkan kepada pihak bank. Keabsahan suatu akta jaminan fidusia yang menggunakan kendaran bermotor yang masih dalam proses inden sebagai alat bukti diakui sah secara hukum karena didalam ketentuan penjelasan Pasal 6 huruf c Undang-Undang tentang Jaminan Fidusia tidak menekankan secara jelas harus adanya kepemilikan BPKB sehingga bukti purchase order saja sudah dapat digunakan sebagai suatu bukti kepemilikan kendaraan bermotor yang masih dalam proses inden.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals Executorial Strength of Deed of Peace in Civil Dispute Resolution in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5179-5184
Author(s):  
Endang Hadrian
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Secondary Data ◽  
Comparative Law ◽  
Legal Research ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Remedies ◽  
Peace Settlement ◽  
Civil Dispute

Civil dispute resolution can be settled through peace institutions with the legal product in form of a deed of peace. However, this institution has not been used by many people even though it provides the civil dispute settlement the executorial strength faster. Thus, it offers no further legal remedies be it in the form of appeals and cassation. Practically, a deed of peace is known to have executorial strength. However, some parties pursue the legal effort despite the peace settlement in the form of the deed of peace. The optimization of the use of the peace institution with executorial strength is expected to solve the problems. This study employed normative legal research with the perspective of legal/ judicial focused on rules/norms of Civil Procedure Law and comparative law through legal principles. It is the study of legal rules which are the benchmarks to behave appropriately. This study was carried out on the norms and principles in the secondary data, which were found in the primary, secondary, and tertiary legal sources.  

Sign in / Sign up

Export Citation Format

Share Document