PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

scholarly journals Indonesia's Diplomacy in North Natuna Sea in Confronting China to Protect National Interests

FOCUS ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 21-27
Author(s):  
Gerald Theodorus Lumban Toruan ◽  
Adi Sunaryo
Keyword(s):  
Research Question ◽  
Secondary Data ◽  
Coast Guard ◽  
Regional Security ◽  
National Interests ◽  
The North ◽  
Fishing Vessels ◽  
Qualitative Descriptive ◽  
The Stability ◽  
The Right

North Natuna Sea is become a concern, at the end of 2019 to February 2020 this area was illegally entered by Chinese fishing vessels who wanted to fishing, this vessel was escorted by the Chinese Coast Guard. This escort is in order to protect their fishing vessels from the pursuit of Indonesian patrol vessels. According to the them that they did not violate Indonesian territory, they said that the North Natuna Sea still belongs to Chinese territory. In the perspective of the international relations what is done by China can disrupt the stability of regional security. This research is a qualitative descriptive with secondary data collection. The formulation of the research question is what kind of diplomacy is being carried out by Indonesia towards China in the North Natuna Sea. The purpose of this research is to find the right diplomacy concept in dealing with the China in the North Natuna Sea.

scholarly journals Improving The Object Of Fiduciary Guarantee According To Law Number 42 Of 1999 On Fiduciary Guarantee

2020 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Ahmad Yani Kosali
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Public Official ◽  
Legal Research ◽  
Object Based ◽  
Legal Consequence ◽  
The Subject ◽  
Ownership Rights ◽  
Legal Consequences

Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.

PERLINDUNGAN HUKUM KONSUMEN TERHADAP PENARIKAN DAN PENYITAAN OBJEK JAMINAN FIDUCIA YANG TIDAK DIDAFTARKAN KREDITUR

2021 ◽  
Vol 15 (1) ◽  
pp. 51-66
Author(s):  
Fahmi Ali Ramdhani
Keyword(s):  
Dispute Resolution ◽  
Financial Institutions ◽  
Legal Protection ◽  
Protection Measures ◽  
Analytical Research ◽  
Legal Consequence ◽  
Legal Consequences

The facts on the ground are that there are often problems due to legal consequences due to the non-registration of fiduciary guarantees by financial institutions. This study aims to determine consumer legal protection measures when fiduciary collateral is not registered at the Fiduciary Registration Office. This study also aims to examine the legal consequences of the withdrawal and confiscation of fiduciary collateral objects that are not registered at the Fiducia Registration Office by PT. Suzuki Finance Indonesia. This study uses a normative juridical method with descriptive-analytical research specifications through a statutory approach. Based on this study, it is concluded that consumer dispute resolution can be pursued through the court or outside the court based on the decision of the disputing parties. One of the legal protections and obligations in using fiduciary guarantees for finance companies was the first issuance of PP No.21 of 2015, Permenkeu No. 130 / PMK.010 / 2012, and POJK 29/2014. The legal consequence of not registering the object of the fiduciary guarantee is that the fiduciary guarantee has not been born so that the legal consequences attached to the fiduciary guarantee do not apply.

scholarly journals PENGEMBANGAN BUDAYA PENCAK SILAT SEBAGAI ATRAKSI PARIWISATA BUDAYA DI INDONESIA (STUDI PADA PERGURUAN PENCAK SILAT MERPATI PUTIH)

2021 ◽  
Vol 6 (1) ◽  
pp. 75-80
Author(s):  
Elang Kusumo ◽  
Diena Mutiara Lemy
Keyword(s):  
Secondary Data ◽  
Cultural Tourism ◽  
Primary Data ◽  
The Internet ◽  
Cultural Assets ◽  
Martial Art ◽  
Potential Development ◽  
Qualitative Descriptive ◽  
Descriptive Method

Traditional Indonesian martial art called Pencak Silat , as one of the nation's cultural assets, pencak silat is increasingly developing in Indonesian society, both from the sports and from the socio-cultural. The purposed of this research was conducted to determine the potential development of pencak silat at Merpati Putih as a cultural tourism attraction. The research was conducted on active and passive members (who had been members) of the Merpati Putih Pencak Silat  (with total 612 of respondents). pencak silat  “Merpati Putih” (known as PPS Betako Merpati Putih) was formed around the 1550s BC. This research used a qualitative descriptive method, with primary data from the results of the questionnaire, and enriched with secondary data obtained from the internet and several other sources to complement this research. This research used a qualitative descriptive method, explaining the situation and facts found in the field. To explore members' perceptions of the potential development of pencak silat “Merpati Putih” as a cultural tourism attraction, questionnaires, online observations and interview conducted on the members of PPS Betako Merpati Putih. Pencak silat “Merpati Putih” has the potential to be developed as a cultural tourism attraction, by developing and managing it more professional so that it becomes a cultural tourism asset in term of tourists interest.

scholarly journals Company Responbility toward Employees Due to Pailit

2021 ◽  
Vol 4 (1) ◽  
pp. 1272-1278
Author(s):  
Masitah Pohan
Keyword(s):  
Normative Data ◽  
Secondary Data ◽  
External Factors ◽  
Bankruptcy Law ◽  
Doing Business ◽  
Secondary Data Source ◽  
Legal Consequence ◽  
Data Source ◽  
Stay Behind ◽  
Legal Consequences

Company bankruptcy is a corporate legal phenomenon that is often greatly feared, either by company owners or by its management. Because with company bankruptcy, it means that the company has failed in doing business or at least has failed to pay its debts (debts). The purpose of this research is to identify and analyze the factors of company bankruptcy, the position of employees due to bankruptcy based on Law Number 13 of 2003, due to the legal consequences of bankruptcy against employees based on Law Number 37 of 2004. The research conducted is juridical normative, data sources which is used to support this research is a secondary data source. Factors for the occurrence of company bankruptcy are caused by unpredictable external factors, such as natural disasters. The position of employees due to bankruptcy based on Law Number 13 of 2003 is in Article 95 paragraph (4), clearly and emphasizes that wages and other rights of workers / labor are debts whose payment is prioritized to protect and ensure the survival of their lives and their families. . However, in reality the workers' position is under bankruptcy fees and curator fees, which means that workers must be more patient and stay behind after the bankruptcy of the bankruptcy estate is used to pay taxes, creditors who hold collateral (separatist creditors), bankruptcy fees and curator fees. The legal consequence of the occurrence of bankruptcy for employees based on Law Number 37 Year 2004 is Article 39 paragraph (1) of the Bankruptcy Law.

scholarly journals SIRI' NA PACCE CULTURE IN RETAILER BASED ON ISLAMIC PERSPECTIVE BUSINESS ETHICS

2020 ◽  
Vol 20 (2) ◽  
pp. 337
Author(s):  
Irwan Misbach
Keyword(s):  
Business Ethics ◽  
Secondary Data ◽  
Descriptive Study ◽  
The Internet ◽  
Islamic Perspective ◽  
Ethnographic Approach ◽  
Observation Methods ◽  
Islamic Business Ethics ◽  
Qualitative Descriptive ◽  
Material Benefits

The purpose of this study was to determine the culture of siri' na pacce in revealing the profits of retail traders from the perspective of Islamic business ethics. This type of research is a qualitative descriptive study with an ethnographic approach. This study obtained data from retailers of Bugis-Makassar ethnicity and Muslim who trade at the Panakukkang Market in Makassar. Data collected through a series of observation methods, interviews, secondary data from literature books, journals, the internet, and other complementary data. Research results internalization of siri' na pacce culture and Islamic business ethics in trading produce material and non-material benefits. The internalization of siri' na pacce culture with Islamic business ethics results in the values of tongeng and the principle of truth, the value of lempu' and the principle of tauhid, balance, ihsan, and the value of adele' and the focus of truth. The values in the siri' na pacce culture can implement Islamic business ethics in trade to achieve world happiness and the end, which is the goal of human life.الغرض من هذه الدراسة هو تحديد ثقافة السيري في الكشف عن أرباح تجار التجزئة من منظور أخلاقيات العمل الإسلامية. هذا النوع من البحث هو دراسة وصفية نوعية ذات نهج إثنوغرافي. تم الحصول على مصادر البيانات من تجار التجزئة من عرقية Bugis-Makassar والمسلمين الذين يتاجرون في سوق Panakukkang في Makassar. تم جمع البيانات من خلال سلسلة من طرق المراقبة والمقابلات والبيانات الثانوية من كتب الأدب والمجلات والإنترنت والبيانات التكميلية الأخرى. نتائج البحث عن استيعاب ثقافة السيري وأخلاقيات العمل الإسلامية في التجارة تنتج فوائد مادية وغير مادية. إن استيعاب ثقافة سيري مع أخلاقيات العمل الإسلامية ينتج عنه قيم توغنغ ومبادئ الحقيقة ، وقيم ليمبو ومبادئ التوحيد ، والتوازن ، والحقيقة ، وقيم الإحسان ، وأديل ومبادئ الحقيقة. يمكن تطبيق القيم الواردة في ثقافة السيري ومبادئ أخلاقيات العمل الإسلامية في التجارة لتحقيق السعادة العالمية والغاية التي هي هدف حياة الإنسان على هذه الأرض.Tujuan penelitian ini untuk mengetahui budaya siri’ na pacce dalam mengungkap keuntungan usaha pedagang eceran perspektif etika bisnis Islam. Jenis penelitian ini adalah penelitian deskriptif kualitatif dengan pendekatan etnografi. Sumber data diperoleh dari pedagang eceran bersuku Bugis-Makassar dan beragama Islam yang berdagang di Pasar Panakukkang Makassar. Data yang dikumpulkan melalui serangkaian metode observasi, wawancara, data sekunder dari literatur buku, jurnal, internet, dan data pelengkap lainnya. Hasil Penelitian internalisasi budaya siri’ na pacce dan etika bisnis Islam dalam berdagang menghasilkan keuntungan materi dan non materi. Internalisasi budaya siri’ na pacce dengan etika bisnis Islam menghasilkan nilai togeng dan prinsip kebenaran, nilai lempu’ dan prinsip tauhid, keseimbangan, kebenaran, ihsan, dan nilai adele’ dan prinsip kebenaran. Nilai-nilai terdapat di budaya siri’ na pacce dan prinsip-prinsip etika bisnis Islam dapat di implementasikan dalam berdagang untuk mencapai kebahagian dunia dan akhir yang menjadi tujuan hidup manusia di muka bumi ini.

scholarly journals Legal Consequence on Certificate of Property Publishing By the National Land Agency for Unauthorized Purchase

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 375
Author(s):  
Ari Setyo Aji ◽  
Umar Ma’ruf
Keyword(s):  
Data Analysis ◽  
Property Rights ◽  
Secondary Data ◽  
Court Cases ◽  
The Public ◽  
Approach Method ◽  
Legal Consequence ◽  
The Law ◽  
Land Inheritance ◽  
Legal Consequences

The purpose of this study was to analyze: 1)To know and explain about factors which causes of invalidity of buying and selling land. 2) To determine the position of court cases 06 / Pdt.G / 2017 / PN.Btg and legal considerations the judges in deciding the case a quo. 3) To know and analyze the legal consequences of the issuance of certificates of property rights by the National pertananahan body over the unauthorized purchase has no legal force and is against the law in a civil case No.06 / Pdt.G / 20017 / PN.Btg, The approach method in this research is the socio-juridical. The data used are primary and secondary data obtained through interviews and literature, while the data analysis conducted Qualitative AnalysisResults of the research can be concluded: 1) that the sale and purchase of land especially to land inheritance, should involve and seek approval to all heirs. 2) that the sale and purchase of land inheritance that does not involve all the heirs then selling the land becomes invalid so that Mutatis Mutandis certificate publishing rights Illegitimate and Cancel by the Law. 1) that also challenged that the plaintiff must file a lawsuit prior to the Parties involved in the process of buying and selling land inheritance, from the Seller, Buyer, PPAT, and the Land Office as a party to issue a Certificate of Rights Reserved. The solution that should PPAT and Land Office to socialize, it aims to provide insight to the public especially to the sale and purchase of land.Keywords: Legal Consequence; Certificate; Property ;ublishing; Unauthorized Purchase.

scholarly journals BUDGETING PARTICIPATION SYSTEM (BPS) ON MANAGERIAL PERFORMANCE IN THE DEVELOPMENT OF A THOUSAND HOUSES IN GRESIK CITY

2020 ◽  
Vol 18 (3) ◽  
pp. 303
Author(s):  
Nindya Kartika Kusmayati ◽  
Moh Wahib ◽  
Hendra Dwi Prasetyo
Keyword(s):  
Decision Making ◽  
Construction Project ◽  
Secondary Data ◽  
The Internet ◽  
Managerial Performance ◽  
House Construction ◽  
Research Population ◽  
Study Support ◽  
Research Objects ◽  
The Right

BPs can build an environment that may receive timely scope and information by subordinates, and in this environment, decision making can be easy and effective. Thus, subordinates can obtain accuracy of information and scope about overall organization and take the right position to reach the target organization by considering tasks more clearly. this research uses data a questionnaire with this research population is managers and core employees of the 1,000 house construction project in Gresik City. Secondary data for this research base on literature, interviews, and other sources such as books, the internet, and others. SPSS output results show generated regression of the influence of BPs on Managerial Performance. With the meaning increasing BPs, the higher value of Managerial Performance. The results in this study support the research conducted by Saidu et al. (2017), Tanase (2013), and Eker (2009), which stated that BPs had effect on Managerial Performance despite different research objects.

scholarly journals Analisis Penghapusbukuan oleh Bank terhadap Utang Debitur atas Kredit Macet

2020 ◽  
Vol 5 (1) ◽  
pp. 95
Author(s):  
Leonita Anastasya Putri
Keyword(s):  
Research Method ◽  
Legal Consequence ◽  
The Right ◽  
Legal Consequences

This study aimed to analyze write-off as a form of settlement over bad credit and the legal consequences of write-off by banks on debtors' debts over bad credit. The study used the normative juridical research method. From the discussion, it was obtained that the write-off was not as a settlement of bad credit between the two parties but rather the settlement of only one party, namely the creditor. The legal consequence of a write-off was that the creditor still had the right to claim the debtor so that the debtor was still obliged to pay to the creditor. Nevertheless, the bank's obligation to pay taxes had not increased. 

scholarly journals PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI

2019 ◽  
Vol 1 (2) ◽  
pp. 164-176
Author(s):  
Muhammad Salam Amrullah
Keyword(s):  
Descriptive Analysis ◽  
Research Result ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Constitutional Court ◽  
The Public ◽  
Qualitative Descriptive ◽  
Right To Vote ◽  
The Law ◽  
The Right

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

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