scholarly journals PENERAPAN PRINSIP TANGGUNG JAWAB MUTLAK (ABSOLUT LIABILITY) BERKAITAN DENGAN KERUGIAN KONSUMEN ATAS PENGGUNAAN PRODUK INTERNET BANKING

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Dian Mahardikha

Consumers are parties in weaker position than banking business actors, so consumers do not have the power to encourage banking business actors in fulfil their responsibility for losses in the use of internet banking products. This is one of the reasons why the absolut liability principle is very important to apply. This study focuses on issues regarding the implementation of absolut liability related to consumer losses from the use of internet banking products, as well as an analysis of the inhibiting factors of the implementation of absolut liability related to consumer losses from using internet banking products. The method in this research is empirical normative legal research.The results study showed that the principle of absolut liability is difficult to apply if there are consumer losses due to the use of internet banking products. It is because Article 19 paragraph (5) and Article 28 of the Consumer Protection Law and Article 15 paragraph (3) of the Electronic Information and Transaction Law have requirements for the fulfillment of an element of error in a business actor, whereas in the principle of absolut liability the element of an actor's error business is not an absolute requirement that must be met. The most dominant factors related to the application of the principle of absolut liability can not include legal factors, namely the absence of absolut liability arrangements, law enforcement factors, namely the attachment of proof systems to the elements of business actors' mistakes, and community factors as consumers, namely the limitations to demand compliance responsibility to business actors.

GANEC SWARA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 207
Author(s):  
ALINE FEBRIANY LOILEWEN ◽  
TITIN TITAWATI

  This study aims to examine and analyze how the legal protection and supervision of the banking world for customers using internet banking facilities.  This study uses a form of normative legal research, namely research that is based on written rules and legislation and various literature related to the problems that will be discussed in this study.   Some forms of legal protection for customers using internet banking facilities are the existence of the Financial Services Authority Regulation No.38 / POJK.03 / 2016 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks (POJK IT Risk Management). The existence of Article 1 number 12 of Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), electronic signatures are signatures consisting of electronic information that is attached, associated or related to other electronic information used as a verification and authentication tool . Another thing that can be done by customers who use internet banking facilities is to conduct customer complaints. Customer complaints are a manifestation of the protection of rights owned by customers, namely the right to be heard. This right is regulated in Article 4 letter d of Law 8 of 1999 concerning Consumer Protection of the PK Law). Whereas in the financial services sector, there is Article 32 of the Financial Services Authority Regulation No. 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector (POJK PK) which stipulates that financial service sector business operators must have and carry out customer service and settlement complaints.  The supervision policy carried out by Bank Indonesia towards banks aims to protect the interests of the community and to maintain the continuity of the bank's business as a trust and as an intermediary institution, the supervision is carried out either directly or indirectly


2021 ◽  
Vol 6 (2) ◽  
pp. 86-98
Author(s):  
Muhsin Muhsinhukum

Efforts to implement the implementation of the Regional Regulation regarding the retribution for waste and sanitation services in Indragiri Hilir Regency certainly require support from many parties, both from the local government and the community who are classified as obligatory levies. The problems in this study are (1) How is the Implementation of Collection of Regional Retribution in the Sector of Waste and Cleanliness Based on Regional Regulation Number 15 of 2011 Indragiri Hilir Regency, (2) What are the Inhibiting Factors in the Implementation of Collecting Regional Levies in the Sector of Waste and Cleanliness Based on Regional Regulation Number 15 of 2011 Indragiri Hilir Regency. (3) What are the Efforts in Implementing Regional Retribution Collectors in the Sector of Waste and Cleanliness Based on Regional Regulation Number 15 of 2011 Indragiri Hilir Regency This research method uses empirical/sociological legal research, the nature of this research is descriptive, that is, it provides a clear picture. It can be concluded that (1) Implementation of Collection of Regional Levies in the Sector of Waste and Cleanliness Based on Regional Regulation No. 15 of 2011 Indragiri Hilir Regency begins with collecting data and mandatory registration of user fees clearly and correctly and collecting using SKRD which is carried out once a month turns into two times in one month. month. (2) Inhibiting factors in this implementation can be seen from the lack of supervision, factors from the law itself, law enforcement factors, facilities and facilities and community factors. (3) Efforts are made by increasing the supervision carried out by DLHK together with Bapenda, issuing regulations further implementing regulations as a basis for implementing additional regulations, involving Satpol PP who act as regional regulations enforcers and the formation of PPNS as part of investigators who are authorized to take action on cases of regional regulations violations committed by retribution obligations that do not implement regulations.      


2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Nurika Latiff Hikmawati

<table width="605" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="406"><p><em>Law Number 11 of 2012 concerning the Child Criminal Justice System is expected to be a model of a criminal justice system that is more child-friendly in Indonesia. But until now the implementation of the juvenile justice system in Indonesia is still found many problems, especially in Purwokerto. The problems examined in this study are: first, how the effectiveness of the application of imprisonment sanctions against children who commit crimes; Second, what factors hinder the application of sanctions imprisonment of children in the jurisdiction of the Purwokerto District Court. This research uses sociological juridical methods. The approach used is a case approach. The results showed that the application of imprisonment sanctions against children who commit crimes in the jurisdiction of the Purwokerto District Court was not effective. The inhibiting factors are legal factors, law enforcement factors, supporting facilities or factors, community factors and cultural factors. The effectiveness of the application of sanctions imprisonment against children can be implemented well when the law is upheld and the morality of law enforcement and the community that supports in that direction.</em></p><p><strong><em>Keywords:</em></strong></p><p><em>Effectiveness, Criminal Prison, Children</em></p></td></tr></tbody></table>


2019 ◽  
Vol 7 (2) ◽  
pp. 196
Author(s):  
Dewi Prapmasari ◽  
M. Hudi Asrori S.

<p>Abstract<br />This article aims to determine the perceptions of sellers and buyers about the sale of pirated VCD DVDs regulated in Law No. 28 of 2014 concerning Copyright and to know what factors can improve their legal protection.. The research methodology used is empirical research, namely  secondary data published, for further research on primary data in the field or for the community.  Legal research materials used are primary and secondary legal materials, techniques used in collecting legal materials are observation, interviews and study of documents or library materials. The results of the research show that the Copyright Law makes songs and music works as one of the protected creations, but there are still many people who do copyright by trading pirated DVDs or VCDs. The perception of the seller who is related to the Copyright Law concerning the need for the Act so as not to involve copyrighted parties, but there must also be a policy that<br />no related party sells pirated VCDs or DVDs. In law enforcement the Copyright Act has several inhibiting factors, namely the legal factors themselves, law enforcement factors, facilities factors, community factors, cultural factors.</p><p>Keywords: Offense; Copyright; Pirated VCD or DVD.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui persepsi para pelaku jualbeli mengenai penjualan DVD  atau VCD bajakan yang diatur dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta dan mengetahui faktor-faktor apa saja yang menghambat perlindungan hukumnya. Metodologi penelitian yang digunakan adalah penelitian empiris, yaitu meneliti data sekunder pada awalnya,  untuk kemudian dilanjutkan penelitian terhadap data primer di lapangan atau terhadap masyarakat.  Bahan penelitian hukum yang digunakan adalah bahan hukum primer dan sekunder, teknik yang digunakan dalam pengumpulan bahan hukum adalah observasi, wawancara dan studi dokumen atau bahan pustaka. Hasil penelitian menunjukkan Undang- Undang Hak Cipta menjadikan karya lagu dan musik sebagai salah satu ciptaan yang dilindungi, namun masih banyak masyarakat yang melakukan pelanggaran hak cipta dengan memperjualbelikan DVD atau VCD bajakan. Persepsi para pelaku jualbeli terkait Undang-Undang Hak Cipta ialah pentingnya keberadaan UndangUndang tersebut agar tidak merugikan pihak pemegang hak cipta, namun perlu ada kebijakan agar tidak merugikan pihak pelaku jualbeli VCD atau DVD bajakan. Dalam penegakan hukum Undang-Undang Hak Cipta terdapat beberapa faktor yang penghambat yaitu faktor hukumnya  sendiri, faktor penegak hukum, faktor sarana dan fasilitas, faktor masyarakat, faktor kebudayaan.</p><p>Kata Kunci: Pelanggaran; Hak Cipta; VCD atau DVD Bajakan.</p>


2020 ◽  
Vol 1 (1) ◽  
pp. 78-83
Author(s):  
Dewa Gede Agus Anjaswara ◽  
I Gusti Bagus Suryawan ◽  
Luh Putu Suryani

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.


2021 ◽  
Vol 2 (1) ◽  
pp. 81-85
Author(s):  
I MADE ADI ENDRA SUPARDI ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

The forest must be managed well to ensure the sustain nability of its benefits. One of the problems related to the forestry sector is the large number of illegal logging practices in a number of provinces in Indonesia. Government Regulation Law Number 18 of 2013 concerning Prevention and Eradication of Forest. There are two problems proposed and discussed by the author in this thesis: (1) What is the role of the Forest Ranger in illegal logging eradication in the forest area of Jembrana Regency? (2) What are the inhibiting factors of the role of the Forestry Police to cope with illegal logging in the forest area of Jembrana Regency, Bali Province? Based on the results of the research and data analysis performed, the writer concludes that the role of the Forestry Police is very important. The Forestry Police duty are to monitor and follow up on every action that causes damage/distubance in the forest area in the Jembrana Regency.  Factors  deterring  the  performance of  Forestry  Police  tasks  in overcoming illegal  logging in  the  Forest  Area  of  Jembrana Regency are geographical factors, facility and infrastructure factors, seriousness, concern and firmness of competent officers, number of officers, how the crime carried out, community factors, and legal sanctions/law enforcement. Forestry Police must involve the community in illegal logging eradication actions considering that obligations to preserve the forest are not solely the government's obligation but also the obligations of all people, especially in Jembrana Regency


2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health


2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.


GIS Business ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 31-45
Author(s):  
M. Ganesan ◽  
Dr. K. Prabhakar Rajkumar

Internet banking refers the systems that enable the customers to access their accounts and general information on bank products and service through the use of a bank’s website, without the intervention or inconvenience of sending letter, faxes original signatures. Internet banking as an “internet portal, through which customers can use different kinds of banking service ranging from bill payment to making investment”. Thus internet banking is the use of internet by bank customers for transacting their banking transactions. In other words, it is the use of internet by banks to deliver banking transaction. In other words, it is the use of internet by banks to deliver banking services to customers irrespective of their geographical location.


Author(s):  
Aleksey V. Kutuzov

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.


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