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

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.

Download Full-text

Legal Protection For Buyers In Trading Land Rights Exercised In Front of The Village Head (The Practice oof Buying and Selling Land Rights Is Not Done Before PPAT In Plana Village Somagede District Banyumas Regency).

Authentica ◽

10.20884/1.atc.2020.3.1.35 ◽

2020 ◽

Vol 3 (1) ◽

pp. 54-74

Author(s):

Yulia Yulia Widiastuti

Keyword(s):

Government Policy ◽

Government Regulation ◽

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Primary Data ◽

Legal Norms ◽

The People ◽

The Village ◽

Local Government Policy

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT

Download Full-text

KESADARAN HUKUM MASYARAKAT DALAM JUAL BELI TANAH DENGAN AKTA PPAT DI KECAMATAN TINANGGEA KABUPATEN KONAWE SELATAN SULAWESI TENGGARA

Jurnal Akta ◽

10.30659/akta.v4i3.1817 ◽

2017 ◽

Vol 4 (3) ◽

pp. 425

Author(s):

Rifan Agrisal Ruslan ◽

Umar Ma’ruf

Keyword(s):

Data Collection ◽

Government Regulation ◽

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Land Ownership ◽

Primary Data ◽

The Public ◽

Land Grab ◽

The People

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.

Download Full-text

KEARIFAN LOKAL POMA AADUHUNUDI DESA SOAMAETEK KECAMATAN KAO BARAT KABUPATEN HALMAHERA UTARA

AGRI-SOSIOEKONOMI ◽

10.35791/agrsosek.16.2.2020.30064 ◽

2020 ◽

Vol 16 (2) ◽

pp. 325

Author(s):

Nelci Balisosa ◽

Vicky Richard Bernhard Moniaga ◽

Sherly Gladys Jocom

Keyword(s):

Descriptive Analysis ◽

Secondary Data ◽

Primary Data ◽

Daily Lives ◽

Land Preparation ◽

Cultural Aspects ◽

House Construction ◽

The People ◽

Building Process ◽

Household Heads

This study aims to describe the local wisdom of “Poma Aaduhunu” that occurs in Soamaetek Village, Kao Barat District, North Halmahera Regency in terms of the cultural aspects of cooperation in the field of coconut farming, marriage culture, the culture of building a house or place of residence. This research was conducted from June to August 2019. Respondent was selected used purposive sampling method. This study used primary data and secondary data. Primary data were obtained from interviews, based on a list of questions that had been provided in the form of a questionnaire, with 20 household heads (KK) as respondents, who came from community members in Soamaetek Village. Secondary data were obtained from the village office and the officesof agencies related to the research. Data analysis using descriptive analysis method, the data is presented in tabular form and described descriptively. The results showed that the local wisdom of “Poma Aaduhunu” in Soamaetek Village, Kao Barat District, North Halmahera Regency is cooperation or mutual assistance which is still very strong in practice, namely in the field of coconut farming in land preparation and harvesting; the culture of the marriage at the marriage proposal ceremony (“maso minta”), making the “sabua” at the venue, preparing consumption for the wedding ceremony; house construction on land preparation and house building process. The people of Soamaetek Village still adhere to this local wisdom because they consider the localwisdom culture of “Poma Aaduhunu” to be very helpful in their daily lives.” Poma Aaduhunu's” local wisdom has taken root and has become a culture inherent that has been passed down from generation to generation in the Soamaetek Village community.*eprm*

Download Full-text

PERLINDUNGAN HUKUM BAGI PASIEN KEGAWATDARURATAN BPJS DENGAN DIAGNOSA DI LUAR DAFTAR DIAGNOSA GAWAT DARURAT DI RSUD KABUPATEN SUKOHARJO

Jurnal Hukum dan Pembangunan Ekonomi ◽

10.20961/hpe.v5i2.18306 ◽

2017 ◽

Vol 5 (2) ◽

Author(s):

Triana Widati ◽

Hudi Asrori ◽

Pujiyono ,

Keyword(s):

Health Service ◽

Emergency Services ◽

District Hospital ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

The People ◽

Legal Factor ◽

Key Word ◽

The Right

Abstract This article examines the legal protection of BPJS emergency patients with diagnoses beyond the emergency diagnostic list and factors that may inhibit the emergency services for BPJS user patients at the Sukoharjo District Hospital. This type of research is empirical. Form of research is deskriptif. The dara used are primary data, secondary data and tertiery data collection methode of documentation and interviews. Analysis of data using qualitative analysis. Based on the description of the results of research and discussion in connection with the considered promblems with the teory of the working of the legal system and the legal protection teory, it can be concluded that the legal protection of BPJS participants and the right to submit a complaint related to the health service in the National Health Insurance (JKN). Based on Article 25 letter b of Presidential Regulation Number 12 of 2013, services that are not guaranteed are services performed in health facilities that are not cooperated with BPJS Health, except in emergency conditions, but the emergency condition condition has also been determined, if the people who have emergency discharge. Factors that can inhibit the emergency services for patients using BPJS in RSUD Sukoharjo District, among others, the legal factor which limits the emergency conditions. Key Word: Legal Protection; Patients; Emergency DiagnosisAbstrak Artikel ini bertujuan untuk mengkaji perlindungan hukum bagi pasien kegawatdaruratan BPJS dengan diagnosa di luar daftar diagnosa gawat darurat dan faktor-faktor yang dapat menghambat dalam pelayanan kegawatdaruratan bagi pasien pengguna BPJS di RSUD Kabupaten Sukoharjo. Jenis penelitian ini adalah empiris. Bentuk penelitian deskriptif analitis. Data yang digunakan adalah data primer, sekunder dan tersier dengan pengumpulan data dokumentasi dan wawancara. Analisis data menggunakan analisis kualitatif. Berdasarkan deskripsi hasil penelitian dan pembahasan sehubungan dengan masalah yang dikaji dengan teori bekerjanya hukum dan teori perlindungan hukum dapat disimpulkan bahwa perlindungan hukum peserta BPJS didasari oleh perlindungan hak memperoleh pelayanan kesehatan sebagai peserta BPJS dan hak menyampaikan keluhan terkait dengan pelayanan kesehatan dalam Jaminan Kesehatan Nasional (JKN). Berdasarkan Pasal 25 huruf b Perpres Nomor 12 tahun 2013 pelayanan yang tidak dijamin adalah pelayanan yang dilakukan di fasilitas kesehatan yang tidak bekerjasama dengan BPJS Kesehatan, kecuali dalam kondisi gawat darurat, namun demikian kondisi kegawat daruratannya juga telah ditentukan, apabila orang-orang yang mengalami kegawatdaruratan yang tidak tertulis maka tidak ditanggung oleh BPJS. Faktor-faktor yang dapat menghambat dalam pelayanan kegawatdaruratan bagi pasien pengguna BPJS di RSUD Kabupaten Sukoharjo antara lain faktor hukum yang membatasi kondisi kegawatdaruratan. Kata kunci: Perlindungan Hukum; Pasien; Kegawatdaruratan.

Download Full-text

Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia

AL- ADALAH ◽

10.24042/adalah.v18i1.7533 ◽

2021 ◽

Vol 18 (1) ◽

Author(s):

Rahmi Dewanty Palangkey ◽

Kasjim Salenda ◽

Marilang Marilang ◽

A Qadir Gassing ◽

Huilili YuXi ◽

...

Keyword(s):

Consumer Protection ◽

Islamic Law ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Travel Agency ◽

Consumer Protection Act ◽

Consumer Rights ◽

Travel Agencies

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.

Download Full-text

PERAN BANK SYARIAH MANDIRI DALAM MENGEMBANGKAN WISATA HALAL

El Dinar ◽

10.18860/ed.v9i1.11193 ◽

2021 ◽

Vol 9 (1) ◽

pp. 77-93

Author(s):

Inayatillah Djakfar ◽

Isnaliana Isnaliana ◽

Yossie Kenanga Putri

Keyword(s):

Qualitative Method ◽

Service Providers ◽

Descriptive Analysis ◽

Secondary Data ◽

Tourism Industry ◽

Primary Data ◽

Business Sector ◽

The People ◽

The City

This study aims to see the role of Bank Syariah Mandiri Kcp Ulee Kareng in developing halal tourism in the city of Banda Aceh. This study uses a qualitative method using a descriptive analysis approach. This research uses primary data and secondary data, namely by conducting interviews and centering studies and documentation which is analyzed in several stages, namely editing data, classifying, reducing, presenting data, and finally verifying. The results showed that Bank Syariah Mandiri Kcp Ulee Kareng has a role in developing halal tourism, namely in the Culinary Business Sector, Travel Service Providers and Lodging Providers. The financing provided to business actors is the financing of Micro Businesses. With the financing provided by this institution to players in the halal tourism industry, it has an impact on improving the economic welfare of the people.

Download Full-text

Legal Form of Relief Is Free Of Charge by the Person or Group of Advocate for the Poor (Study at Jurisdiction in Ex Residency of Cirebon)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8373 ◽

2020 ◽

Vol 3 (1) ◽

pp. 35

Author(s):

Tofan Alamsyah ◽

Gunarto Gunarto

Keyword(s):

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Poor People ◽

Legal Assistance ◽

Legal Aid ◽

Legal Form ◽

Theory Of Justice ◽

The Poor

The problems of this study are: 1) forms of legal assistance free of charge given to the person or group of poor people in the Ex Residency of Cirebon, 2) challenges and solutions lawyers to provide legal assistance free of charge at the Ex Residency of Cirebon, 3) forms of legal protection given for free of charge that given to the person or group of poor people in the Ex Residency of Cirebon in the future.The method used by researchers is legal approach empirically and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies members of the Police of the Police Ciwaringin and Secretary Untag Jaya, And secondary data obtained from the study of literature relating to the theory of justice and progressive law.Based on the results of research that form of legal aid free of charge is given to a person or a group of poor people in the Ex Residency of Cirebon, have been met by providing a list of advocates in the district police or through the Legal Aid Post (ZIP Bankum) in each court both the General and courts that exist in the jurisdiction of the Ex Residency of Cirebon. Problems were found in providing legal assistance free of charge to the poor, is not all lawyers enrolled in Posbakum and district police to and willing to help to the poor who need legal help; The solution needed is a regulation that requires all lawyers who have permits proceedings to register and willing to help the poor who need legal aid, and the obligation to serve as a form of professional advocate obligation to perform community service.Keywords: Legal Assistance Free of Charge; Advocate, Poor.

Download Full-text

Dinamika Gerakan Pembentukan Daerah Otonom Baru Kabupaten Mandau-Riau

Otoritas Jurnal Ilmu Pemerintahan ◽

10.26618/ojip.v6i1.41 ◽

2016 ◽

Vol 6 (1) ◽

pp. 50

Author(s):

Muhammad Ashsubli

Keyword(s):

Social Movements ◽

Descriptive Analysis ◽

Secondary Data ◽

Primary Data ◽

Autonomous Region ◽

The People ◽

The Social ◽

Qualitative Descriptive

The purpose of this study was to identify and analyze the dynamics of the movement forming a new autonomous region in the district of Mandau. The method used in this research is qualitative descriptive analysis. Sources of data in this study are primary data the authors obtained from interviews with informants and secondary data obtained from the nature of the documents, archives, and other results are available. The results found that the dynamics of the social movements of tangible movement collectivity of people in it to carry or resist change. All that could happen due to the nature of the people themselves who want change it is marked on the organizing societies Mandau and Pinggir were struggling collectively to realize combustion Mandau regency or Duri City.Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisa dinamika gerakan pembentukan daerah otonomi baru di Kabupaten Mandau. Metode yang digunakan pada penelitian ini adalah Analisis Deskriptif Kualitatif. Sumber data dalam penelitian ini adalah data primer yang penulis peroleh dari hasil wawancara dengan informan serta data sekunder yang didapat dari dokumen-dokemen, arsip-arsip, dan hasil lain yang tersedia. Hasil penelitian menemukan adanya dinamika gerakan sosial yang berwujud gerakan kolektifitas orang-orang di dalamnya untuk membawa atau menentang perubahan. Semua itu bisa terjadi disebabkan sifat masyarakat itu sendiri yang menginginkan perubahan hal ini ditandai dari pengorganisasian masyarakat-masyarakat Mandau dan Pinggir yang berjuang secara kolektif untuk mewujudkan pemekaran daerah Kabupaten Mandau atau Kota Duri.

Download Full-text

KONTRIBUSI USAHATANI KELAPA TERHADAP PENDAPATAN KELUARGA DI DESA KLABAT KECAMATAN DIMEMBE KABUPATEN MINAHASA UTARA

AGRI-SOSIOEKONOMI ◽

10.35791/agrsosek.15.1.2019.23585 ◽

2019 ◽

Vol 15 (1) ◽

pp. 141

Author(s):

Nofhita ., Mamentiwalo ◽

Gene Henfried Meyer Kapantow ◽

Elsje Pauline Manginsela

Keyword(s):

Data Collection ◽

Household Income ◽

Family Income ◽

Descriptive Analysis ◽

Secondary Data ◽

Google Scholar ◽

Primary Data ◽

Survey Method ◽

The Internet ◽

Average Income

This study aims to find out: 1) The amount of average income of coconut farmers per quarter, 2) The amount of contribution of coconut farming to family income per quarter. Data collection in this study was conducted from October to November 2018 in Klabat Village, Dimembe District, North Minahasa Regency. The method used is the survey method, using primary data and secondary data. Primary data was obtained through direct interviews with 25 coconut farmers and one person from the Klabat Village based on a list of questions that had been prepared previously. Secondary data in this study were sourced from local bookstores, and the internet through Google Scholar to access articles from various scientificjournals and theses from Sam Ratulangi University and other universities related to the contribution of coconut farming to family income. The data obtained were analyzed using contribution analysis and using descriptive analysis presented in table form. The results showed that the amount of income received by coconut farmers was Rp. 1,837,320. While the contribution of coconut farming to household income is 27.45%. This means that coconut farming provides a moderate contribution and cannot be used as the main source of household income in Klabat Village.*eprm*

Download Full-text

Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8435 ◽

2020 ◽

Vol 2 (4) ◽

pp. 601

Author(s):

Eka Damayanti Damayanti ◽

Aryani Witasari

Keyword(s):

Reproductive Health ◽

Government Regulation ◽

Islamic Law ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Executive Branch ◽

Rape Victim ◽

Primary Data ◽

Sociological Approach

The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.

Download Full-text