scholarly journals THE ONLINE DISPUTE RESOLUTION IN PANCASILA’S FRAME

2021 ◽  
Vol 8 (2) ◽  
pp. 157
Author(s):  
Kasmudin Harahap
Keyword(s):  
Dispute Resolution ◽  
Legal Reform ◽  
Legal Certainty ◽  
Trade Disputes ◽  
Basic Principles ◽  
Mutual Cooperation ◽  
Online Dispute Resolution ◽  
Electronic Transactions ◽  
The Law ◽  
Research Show

Online Dispute Resolution is a solution in resolving problems outside the court where online dispute resolution is an appropriate solution to resolve online trade disputes, the settlement must apply Pancasila values. Method The approach used in this research is normative juridical. The results of the research show that the application of Online Dispute resolution in addition to legal reform in the field of electronic transactions is also related to efforts to create legal certainty in online dispute resolution in Indonesia. The basic principles of online dispute resolution in Pancasila values are reflected in the spirit of kinship and mutual cooperation, these principles is a reflection of Pancasila values leading to basic values which are the elaboration of the same spirit and within the limits allowed by these basic values. Agreed values in realizing the law as the goal of justice and creating justice

Online Dispute Resolution: Consumer Redress in a Global Market Place

2006 ◽  
Vol 7 (8) ◽  
pp. 647-660 ◽  
Author(s):  
Gralf-Peter Calliess
Keyword(s):  
Dispute Resolution ◽  
Global Market ◽  
Legal Certainty ◽  
Legal Tradition ◽  
Market Place ◽  
Everyday Language ◽  
Simple Operation ◽  
Online Dispute Resolution ◽  
The Law

Online dispute resolution (“ODR”) can be conceived as a means to achieve some of the most powerful legal ideals of the Western legal tradition. Among these are:(1) Legal Certainty: In making individual plans, decisions, and choices everyone is entitled to know what the law is in advance. Therefore, laws shall be public, written in everyday language, and shall not be changed too often. The application of laws shall be a simple operation (legal syllogism) so that citizens do not need attorneys, and judges are just la bouche de la loi (Montesquieu).

scholarly journals Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward

2021 ◽  
Vol 11 (2) ◽  
pp. 407-431
Author(s):  
Mujib Akanni Jimoh
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Online Dispute Resolution ◽  
Territorial Jurisdiction ◽  
Legal Challenges ◽  
Legitimate Concern ◽  
The Law ◽  
Court Hearing

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions.

scholarly journals Authority and Power of the Law Relating to Cyber Deed Notary in Indonesia Era Industrial Revolution 4.0

2019 ◽  
Vol 9 (1) ◽  
pp. 947-952
Keyword(s):  
Industrial Revolution ◽  
Concept Analysis ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Concept ◽  
Electronic Transactions ◽  
Legal Position ◽  
The Law

This study aims to determine the authority of the notary in a deed on electronic transactions carried out by the parties domiciled outside the office of a notary and to know the power of a notary deed that created by Cyber Notary in Indonesia. The method used in this research is the approach of legislation (The Statute Approach) and the path of the legal concept analysis (Analytical and Conceptual Approach). The results showed that the authority of the electronic notary deed is not bound by a notary office area so that the legal position same with notary office by deed made by the notary on electronic transactions conducted in the region of the notary office. The strength of the notarial deed made by a cyber notary has not yet ensured legal certainty that the power of a notarial deed made together with the strength of the deed under the hand.

scholarly journals Online Dispute Resolution to Resolve Consumer Disputes from the Perspective of European Union Law: Is the Potential of ODR Fully Used?

2016 ◽  
Vol 10 (1) ◽  
pp. 113-127 ◽  
Author(s):  
Pavel Loutocký
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Legal Framework ◽  
Legal Aspects ◽  
European Union Law ◽  
Continuous Growth ◽  
Online Dispute Resolution ◽  
Success Stories ◽  
Online Tools ◽  
Electronic Transactions

Traditional judicial mechanisms did not offer an adequate solution for cross-border electronic commerce disputes. Although there has been expected great potential in solving disputes online and the rise of Online Dispute Resolution (ODR) use, the assumptions has not been confirmed yet. Only a few examples demonstrate the success stories of ODR, which is in big contrast to the continuous growth of electronic transactions and in general with the use of the online environment. The European Commission however understood the potential of ODR and it is trying to foster the use of it by adopting the ODR Regulation and the ADR Directive. Such legal framework has been developed to apply in consumer disputes arising out of sales or providing services between an EU consumer and an EU trader.The ADR Directive sets out basic standards of ADR entities and processual rules under which it is possible to solve the dispute. Then under the ODR Regulation the complainant will be able to submit a complaint using the ODR platform. The complaint (and any related documentation) will be submitted to the ODR platform via an electronic form.Yet it is necessary to assess the risks of above mentioned legal framework. One of the great concerns are connected with possible forum shopping while providers are registering as ADR entities. Experienced trader (unlike the consumer) is able to choose ADR provider, which is more likely to decide in his favour. Possible exclusion of online negotiation or even online tools in general is then further underlining possible. The paper will thus assess main legal aspects of ADR / ODR legal framework of European Union Law and will deal with main problematic parts of it.

scholarly journals Sanksi Pidana Terhadap Pelaku Tindak Pidana Pemilu di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 192-196
Author(s):  
I Gusti Bagus Yoga Sastera ◽  
I Made Minggu Widyantara ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
General Election ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Criminal Offenders ◽  
The Law ◽  
The Right ◽  
Research Show

In a general election, election crime is bound to occur, in the handling of election criminal acts, it is necessary to have regulations regarding the regulation and sanctions against election criminal offenders to achieve legal certainty regarding the handling of election crimes. The purpose of this research is to find out the regulation of election criminal acts and sanctions against election criminal offenders. The research method used is normative research by examining the sources of law from various aspects and using primary legal sources. The results of the research show that election criminal acts are divided into 2 (two) things, namely violations and crimes, however the law does not clearly regulate the qualifications of violations and crimes, which should be made by law to regulate more clearly so that we can know more about the actions that are involved. how it is said to be violations and what actions are called crimes. Furthermore, regarding sanctions and institutions authorized in handling criminal cases, both violations and crimes in criminal elections, are also listed in Law No.7 of 2017 concerning elections. So that with this research the procedures for qualifying the violation, who feel that their rights are being violated, can report to the right institution to handle the case.

scholarly journals LEGAL RESPONSIBILITY OF NOTARY DEEDS FOR ELECTRONIC ARCHIVES

2021 ◽  
Vol 8 (1) ◽  
pp. 14
Author(s):  
Ani Muhammad Syuaib ◽  
Imam Abdi Utama ◽  
Teresa Irene Sumartono ◽  
Haryono Haryono ◽  
Mucharoroh Mucharoroh
Keyword(s):  
Legal Responsibility ◽  
Legal Basis ◽  
Legal Certainty ◽  
Public Officials ◽  
Electronic Documents ◽  
Electronic Transactions ◽  
Legal Sanctions ◽  
Approach Method ◽  
Valid Evidence ◽  
The Law

Deeds made by notaries as public officials are authentic deeds in accordance with the formulation of Article 1 point (7) of the Law on Notary Office, that notary deeds are authentic deeds made by or before a notary according to the form and procedure stipulated by law. The approach method in this research is juridical normative. Based on the results of data analysis, it can be concluded that the use of electronic archives at least notary deeds has not yet obtained a strong legal basis, so it does not guarantee legal certainty. Legal certainty can be achieved, if there are no provisions that conflict between one law and another. The legal substance in the use of electronic records, at least notary deeds, has not been fully accommodated in the notary office law with the obligation to read the deed in front of witnesses and not meeting these requirements will result in legal sanctions for notaries. the law on information and electronic transactions which is the legal basis for notaries also does not provide an opportunity for electronic deeds by providing limits on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence.

scholarly journals Pelaksanaan Klausul Penyelesaian Sengketa Dalam Akad Perbankan Syariah Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Pada Bank Syariah Mandiri KCP Indramayu

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 147
Author(s):  
Mahpudin Mahpudin ◽  
Akhmad Khisni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Dispute Resolution Mechanism

ABSTRAKPutusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 telah membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah adalah soal kepastian hukum. Hal ini dikarenakan dalam Penjelasan pasal 55 ayat (2) menimbulkan ketidakpastian hukum antara pilihan hukum dalam lingkup peradilan umum dengan pilihan hukum dalam lingkup peradilan agama. Kepastian hukum secara normatif adalah ketika suatu peraturan dibuat dan diundangkan secara pasti karena dapat memberikan pengaturan secara jelas dan logis. Jelas dalam arti tidak menimbulkan keragu-raguan atau multi tafsir, dan logis dalam arti hukum tersebut menjadi suatu sistem norma dengan norma lain sehingga tidak berbenturan atau menimbulkan konflik norma ataupun adanya kekaburan dan kekosongan norma. Asas ini dapat dipergunakan untuk dapat mengatasi persoalan dalam hal konsep mekanisme dan pilihan hukum dalam penyelesaian sengketa perbankan syariah;Pilihan forum penyelesaian sengketa Perbankan Syariah berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 yang membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah harus dinyatakan secara tegas menyatakan dan menyepakati apakah memilih forum Arbitrase Syariah atau menentukan pilihan forum Pengadilan Agama dalam rumusan klausula Penyelesaian Perselisihan atau Sengketa dalam Akad Perbankan Syariahnya. Artinya memilih atau menentukan salah satu forum mekanisme penyelesaian sengketa syariah yaitu forum BASYARNAS atau Pengadilan Agama, bukan menggabungkan keduanya dalam satu rangkaian rumusan klausula penyelesaian sengketa.Kata kunci : klausul penyelesaian sengketa, akad perbankan syariah, putusan Mahkamah Konstitusi ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 has annulled the Elucidation of Article 55 paragraph (2) of Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking is a matter of legal certainty. This is because in the Elucidation of article 55 paragraph (2) raises legal uncertainty between the choice of law within the scope of general justice with the choice of law within the scope of religious court. Normative legal certainty is when a rule is created and enacted as it can provide clear and logical arrangements. Clearly in the sense that there is no doubt or multi-interpretation, and logical in the sense that the law becomes a system of norms with other norms so as not to clash or cause conflict of norms or the existence of vagueness and void norms. This principle can be used to solve the problem in terms of the concept of mechanism and choice of law in solving the dispute of sharia banking;The choice of dispute resolution forum of Sharia Banking pursuant to Decision of Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 which annul the Elucidation of Article 55 paragraph (2) of Law of Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking must be stated expressly declare and agree on whether to vote for a Shari'ah Arbitration Forum or to determine the choice of Religious Court forums in the formulation of a Clause or Dispute Settlement clause in its Sharia Banking Agreement. It means choosing or determining one of the forums of dispute resolution mechanism of sharia namely BASYARNAS or Religious Court, not merging the two in a series of dispute settlement clause formulas.Keywords: clause of dispute settlement, syariah banking contract, Constitutional Court decision

scholarly journals THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA

2019 ◽  
Vol 4 (2) ◽  
pp. 226
Author(s):  
Islamiyati Islamiyati ◽  
Ahmad Rofiq ◽  
Ro’fah Setyowati ◽  
Dewi Padusi Daengmuri
Keyword(s):  
Dispute Resolution ◽  
Rule Of Law ◽  
National Development ◽  
Field Research ◽  
Legal Reform ◽  
Cultural Development ◽  
The Rule Of Law ◽  
Approach Method ◽  
The Media ◽  
The Law

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of  waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of  the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes  the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf  meaningful in the society. The legal reform  of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.

scholarly journals Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty

2020 ◽  
Vol 19 (3) ◽  
pp. 710
Author(s):  
I Wayan Surya Hamijaya J
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Competent Authority ◽  
Legal Protection ◽  
Legal Certainty ◽  
Over The Counter ◽  
Secondary Markets ◽  
Legal Uncertainty ◽  
The Law

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty. 

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