Legal Protection of Go-Jek Driver That Experiences Damages Due To The Fictive Order In Go-Food Menu In Go-Jek Aplication

This research is proposed to answer two questions: Firstly, to find out the cause of fictitious orders experienced by Go-Jek drivers in the Go-food menu in Go-Jek app. Secondly, to know the legal protection of Go-Jek drivers who suffered losses due to a fictitious plane in the Go-food menu on the Go-Jek app. And the research is directed to educate the public the importance of Civil law which governs agreement in the life of society. This study uses socio-legal approach with a number of resource persons. The choice of approach to socio-legal does not mean disregarding doctrinal side support on the grounds that one of the aims of this study sees a set of positive norms in relation to Legal protection of Go-Jek drivers, including legal theory support with a view to verifying the implementation of law in practice (protection and responsible). This study concludes that, Transactions using Go-Jek access has so far caused legal consequences among others who is responsible for the losses experienced by drivers, whether the Go-Jek party is responsible for the losses experienced drivers, including what kind of legal protection obtained by the driver when suffering application losses by irresponsible consumers. The factors of the emergence of fictitious orders are the existence of competitions between the Go-Jek driver, Go-Jek verification system is still weak, and the existence of bad faith in someone. Partnership agreement between PT. Go-Jek and Go-Jek’s driver is a standard clause that created and provided without involving the Go-Jek drivers in which there is a clause of transfer of responsibility because of PT. Go-Jek as the Go-Jek application service manager will not be responsible if there is a loss caused by the use of Go-Jek application. The legal relations and responsibilities of the parties should be clearly stipulated in the partnership agreement between PT. Go-Jek Indonesia, and Partners are created based on mutual agreement and agreement between both parties. To minimize the losses experienced by Go-Jek drivers in service delivery for every use of consumer spending service must have a Go-Pay account, which expenditures can not be executed if the balance in the Go-Pay account is insufficient to make an expense transaction.

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Legal Protection for Creditors in Money Loans Agreement Lending with Constitutional Court's Decision No. 69 / PUU-XIII / 2015

Journal of Politics and Law ◽

10.5539/jpl.v12n3p178 ◽

2019 ◽

Vol 12 (3) ◽

pp. 178

Author(s):

Daniel Hendrawan ◽

Christian Andersen ◽

Theodora Novia Tjasa

Keyword(s):

Legal Protection ◽

Third Parties ◽

Constitutional Court ◽

Court Ruling ◽

Legal Certainty ◽

Bad Faith ◽

The Public ◽

Legal Development ◽

The Government ◽

Legal Consequences

In Indonesia, the Marriage Agreement has long been valid and regulated in the legislation in Law Number 1 of 1974 concerning Marriage. Marriage Agreement regulates marriage property. In Article 29 paragraph (1) Law Number 1 Year 1974 concerning Marriage stipulates that marriage agreements must be made before the marriage takes place, but in 2015 the Constitutional Court issued Decision Number 69 / PUU-XIII / 2015 concerning changes to Article 29 paragraph (1), paragraph (3), and paragraph (4) of Law Number 1 of 1974 concerning Marriage which states that the Marriage Agreement can be made before, at the time of, and after the marriage takes place. The Constitutional Court ruling raises questions from various parties about how the legal consequences of the Marriage Agreement made after the marriage took place and what legal protection can be given to third parties on the Marriage Agreement which was made after the marriage took place. This study uses a normative juridical research method that is descriptive analytical based on the merging of primary, secondary and tertiary data acquisition. The results of this study indicate that the legal consequences of the Marriage Agreement made after the marriage took place will have legal consequences for the parties themselves, assets, and also for third parties. Legal protection that can be given to creditors is to pay attention to the element of good faith in each loan agreement making so that creditors will be protected by themselves, if one of the parties making the loan agreement has bad faith, the loan agreement will automatically be canceled law because it does not meet the objective requirements. The author's hope for this research is that the government can provide further regulation regarding the Constitutional Court Decision Number 69 / PUU-XIII / 2015 so that the public gets legal certainty in the implementation of the Decision and for the community the writer recommends restraint in carrying out the Decision until the regulation further from the government. Finally, the authors hope that this research can benefit the world of legal development in Indonesia.

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ROLE OF DEED LAND BUILDERS OFFICERS (PPAT) IN ADDRESSING PROBLEM FOR REGISTRATION OF TRANSFER PROPERTY DUE TO SALE OF LAND IN EAST KOLAKA

Jurnal Akta ◽

10.30659/akta.v6i4.7625 ◽

2019 ◽

Vol 6 (4) ◽

pp. 811

Author(s):

Bambang Suprayogi ◽

Akhmad Khisni

Keyword(s):

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Public Knowledge ◽

Transfer Property ◽

The Public ◽

Land Disputes ◽

Administrative Responsibilities ◽

Legal Consequences

This study aims to determine the responsibility of the Land Deed Official (PPAT) in addressing the problems of making a deed of sale of land and how the legal consequences of the public in making the deed of sale of land if found problems in the manufacturing process PPAT deed East Kolaka District. The data used in this study are primary data, secondary data and data that can support tertiary study, then analyzed with empirical juridical methods.Based on the results of this study concluded that the role of PPAT in Kolaka East have a stake in ensuring legal certainty transitional registration of property rights to land. Legal guarantee evidenced by an authentic act, then the transition has a strong legal force (not absolute). However, due toThe lack of public knowledge relevant authorities in givingcertainty and legal protection, it is often raised issues such as land disputes and others.So should their ideal concept for the community in the form of legal counseling in growing knowledge about the importance of Land Registry as a form of awareness of legal action against the sale and purchase of land ownership before PPAT to avoid land disputes that often arise in the future. In addition, there is still much to be understood by the Land Deed Official (PPAT) and the community in the Land Registry. Conversely, if the certificate-issuing PPAT deed of sale is not in accordance with the procedure, it is charged with the responsibility PPAT legal and administrative responsibilities. Keywords : Land Deed Official (PPAT), buying and selling, East Kolaka

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Perlindungan Hukum bagi Konsumen dalam Transaksi Jual Beli melalui Media Elektronik dengan Sistem ”Dropship”

Jurnal Konstruksi Hukum ◽

10.22225/jkh.1.1.2146.135-139 ◽

2020 ◽

Vol 1 (1) ◽

pp. 135-139

Author(s):

Gusti Ayu Dwi Dhyana Amrita ◽

Ni Luh Made Mahendrawati ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Legal Protection ◽

Electronic Media ◽

Trading Activity ◽

The Public ◽

Legal Consequences

The activity of buying and selling using the dropshipping system is a trading activity in which the seller does not have stock of the goods he is selling, but only promotes goods through images uploaded to his or her online shop. If the seller gets an order from a consumer, the seller cannot directly confirm the condition of the goods to be sent to the consumer because the supplier who will send it uses the seller's identity. This study aims to determine and study legal protection for consumers in buying and selling via electronic media using the dropshipping system, and to find out and study the legal consequences that arise if there is default in buying and selling via electronic media using the dropshipping system. The results showed that legal protection for consumers in buying and selling through electronic media using the dropshipping system can be done in a preventive and repressive manner, and the legal consequences that arise if there is default in buying and selling using the dropshipping system, namely the loss suffered by consumers is the responsibility of the seller because The seller is the party who makes a direct agreement with the consumer, not the supplier. Therefore, the public is expected to be more careful in conducting transactions via electronic media so that they do not suffer their own losses.

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ANALISIS JURIDIS KEDUDUKAN PERJANJIAN KEMITRAAN ANTARA PENGEMUDI JASA ANGKUTAN ONLINE DAN PERUSAHAAN PROVIDER DITINJAU DARI ASPEK HUKUM KEPERDATAAN

Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat ◽

10.30743/jhk.v18i3.1207 ◽

2019 ◽

Vol 18 (3) ◽

pp. 114-123

Author(s):

Zuhriati Khalid

Keyword(s):

Qualitative Research ◽

Civil Law ◽

Legal Protection ◽

Legal Regulations ◽

Transportation Services ◽

Service Company ◽

Application Service ◽

Legal Position ◽

Partnership Agreement

The legal position between the drivers of online transportation services and the online transportation application service company is a partnership agreement as regulated in civil law. However, in practice the existing legal regulations have not provided legal protection to drivers of online transportation because not all drivers of online transportation understand their position as a partnership relationship. If it is associated with civil law, this is contrary to the principle of balance; it can even be said to be an abuse of the situation (misbruik van omstadigheden). The misuse of this situation can occur if an agreement is born due to economic excellence, psychological superiority and other advantages. The purpose of this study is to see how existing legal regulations actually runs effectively and efficiently in the community. The method of this research is qualitative research, namely based on the principles of law, doctrine and legislation that can answer the problems of this study. Keywords : Partnership Agreement, Driver, Online Transportation

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LEGAL PROTECTION ASPECT OF SELLING DRUG TRANSACTIONS THROUGH ONLINE PHARMACY SERVICE

Legal Standing Jurnal Ilmu Hukum ◽

10.24269/ls.v4i1.2769 ◽

2020 ◽

Vol 4 (1) ◽

pp. 266

Author(s):

Upik Mutiara ◽

Nur Insani

Keyword(s):

Health Workers ◽

Legal Protection ◽

Health Law ◽

Legal Research ◽

Close Attention ◽

The Public ◽

Research Material ◽

Online Pharmacy ◽

Pharmacy System ◽

Legal Consequences

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.

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Perlindungan Hukum Bagi Artis atas Penggunaan Potret dalam Cover Novel Fanfiksi

Batulis Civil Law Review ◽

10.47268/ballrev.v2i1.467 ◽

2021 ◽

Vol 2 (1) ◽

pp. 24

Author(s):

Paramita Cahyaning Dewanti ◽

Rahmadi Indra Tektona

Keyword(s):

Intellectual Property ◽

Legal Protection ◽

Intellectual Property Right ◽

Research Approach ◽

The Public ◽

The Right ◽

Research Type ◽

Legal Consequences

Intellectual Property Rights translated from Intellectual Property Right are the right to do something on the intellectual property which is regulated by applicable norms or laws. The purpose of this thesis research consists of general objectives and specific objectives, namely to find out and analyze the form of legal protection for Portraits, legal consequences, and efforts to resolve Portrait disputes. The research method includes the juridical - normative research type, while the research approach used is the statute approach. The result of this research is that portrait work is one of the copyrighted works protected by copyright law. which is contained in article 40 paragraph 1. This protection is given to the creator, namely the photographer and the copyright holder is the person photographed. This protection is given to motivate and encourage the creativity of creators who can create economic growth based on the scope of art, literature and science and provide an understanding to the public that portrait works are protected by law No. 28 of 2014 concerning copyright, where there is a prohibition for other people. use the copyright work arbitrarily without the permission of the creator or copyright holder. Acts of violating the copyright of Portrait's works that are used commercially without rights can be sued civil or criminal or can be done both, but if you want to do both, you must prioritize civil settlement then criminally. but the verdict of his civil case cannot waive his criminal sentence. Then to resolve the dispute, it can be done by litigation and also in non-litigation, namely dispute resolution by negotiation, mediation, and arbitration.

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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Due To Sell Off Power Of Legal Documents Are Made In Making Act Commerce Land And Buildings By Notary

Jurnal Akta ◽

10.30659/akta.v5i3.3257 ◽

2018 ◽

Vol 5 (3) ◽

pp. 777

Author(s):

Paulus Meldif Dika Pratama ◽

Gunarto Gunarto

Keyword(s):

Income Tax ◽

Government Regulation ◽

Legal Theory ◽

Real Life ◽

Social Institution ◽

Justice Theory ◽

Certificate Authority ◽

Legal Documents ◽

Legal Consequences ◽

Made In

The purpose of this study was to analyze the legal consequences of the agreement of power sell off made in the manufacture of an agreement of sale by Notary. Legal theory used in this study, among others: justice theory, the theory of authority and responsibility theory. The approach used in this study is primarily sociological juridical approach. Sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. The results of this study finally provides the answer that the certificate authority to sell off which made the authorizer to the Proxy should still be subject to and required for payment of taxes from the sale of land and / or buildings that have been sold such, it thus obliged Notary socialize at the time the parties face because it is concerned responsibility by agreement authorized to sell he made in the manufacture of an agreement of sale in accordance with the provisions stipulated in the Indonesian Government Regulation No. 36 of 2016 regarding Income Tax on Income From the Transfer of Rights to Land and / or Buildings, And Agreements sale and purchase Land And / Or Building Along with its amendment.Keywords: Certificate Authority To Sell; Agreement Of Sale; Notary.

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FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION ◽

10.31618/vadnd.v1i12.90 ◽

2018 ◽

Vol 1 (12) ◽

pp. 179-190

Author(s):

Mariya Zinovievivna Masik

Keyword(s):

Risk Management ◽

The State ◽

Financial Risks ◽

Contract Negotiations ◽

The Public ◽

Political Risks ◽

Force Majeure ◽

Investment Agreement ◽

The Law ◽

Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

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MEASURES FOR PREVENTION OF CORRUPTION IN PUBLIC ADMINISTRATION IN R. MACEDONIA

Knowledge International Journal ◽

10.35120/kij28061919t ◽

2018 ◽

Vol 28 (6) ◽

pp. 1919-1923

Author(s):

Tatijana Ashtalkoska-Baloska ◽

Aleksandra Srbinovska-Doncevsk

Keyword(s):

Public Sector ◽

Public Administration ◽

Legal Protection ◽

The Public ◽

Republic Of Macedonia ◽

Modest Contribution ◽

Serious Crime ◽

New Strategy ◽

Main Motive ◽

The Republic

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.

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