scholarly journals PERLINDUNGAN HUKUM PEMBELI DALAM PERJANJIAN JUAL BELI MELALUI SISTEM ELEKTRONIK

2021 ◽  
Vol 2 (01) ◽  
pp. 47-54
Author(s):  
Besty Habeahan ◽  
Aurelius Rizal Tamba
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Electronic System ◽  
Scientific Paper ◽  
Civil Code ◽  
Electronic Systems ◽  
Legal Action ◽  
Library Research

The Research  on Buyer Legal Protection in the sale and purchase agreement through an electronic system aims to find out how the validity of the sale agreement through an electronic system and how the form of legal protection of buyers for losses due to damage to goods purchased through an electronic. By the agreement between the seller and the buyer in the sale and purchase agreement, they have the rights and obligations. This research method use Library Research Method and the research carried out in the library, where data is obtained from availeble data by reading, studying books, laws and relations, magazines, scientific paper, legal dictionaries and so on. Based on the method used, the results of this study indicate that the validity of the sale and purchaseagreement through an electronic system still considers the validity of the agreement as Article 1230 KUHP of the Civil Code, namely agreement of both parties, where both parties are capable in doing legal action and cause-effect which is lawfull. Buyer’s legal protection for losses due to damage to goods purchased through electronic systems is preventive protection and repressive protection, the buyerwho suffered the loss ca sue for loss or claim the replacement of the damaged goods with goods of the same brand.

scholarly journals Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Civil Code ◽  
Employment Relationships ◽  
Work Relations ◽  
Library Research ◽  
Work Relationship ◽  
Conducting Research ◽  
Laws And Regulations

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Studi tentang Kepemimpinan dalam Perjanjian Lama

2020 ◽  
Vol 2 (2) ◽  
pp. 109-118
Author(s):  
Desti Samarenna
Keyword(s):  
Old Testament ◽  
Research Method ◽  
Church Leadership ◽  
Spiritual Leadership ◽  
Scientific Paper ◽  
Leadership Model ◽  
Leadership Models ◽  
Library Research ◽  
Christian Leader ◽  
Or Organization

Research aims to explain leadership in the Old Testament to find out ideally and pragmatically spiritual leadership has essential philosophical principles and in the pragmatic level the leadership is manifested in the light of philosophical principles with a theological ethical nuance. This attitude needs to be emphasized by noting that a Christian leader is an individual who has been redeemed by God, by whom he must be sure that he is called by God to assume the responsibility given. In writing this scientific paper, the writer uses the research method namely: The author obtains data through library research that is the writing books and lecture dictates. Based on the entire discussion, the following conclusions can be drawn: First, the Leader gives influence. This means that a church or organization without a leader will not produce an order of values and good results. Second, the leadership model. This means that there are several leadership models that can be applied in church leadership and leadership in non-Christian institutions. Abstrak Penelitian bertujuan untuk menjelaskan kepemimpinan dalam Perjanjian Lama untuk mengetahui secara idealis maupun pragmatis kepemimpinan rohani itu memiliki prinsip-prinsip filosofis yang esensial dan dalam tataran pragmatis kepemimpinan itu diwujudkan dalam terang prinsip-prinsip filosofis yang bernuansa etis teologis. Sikap ini perlu dipertegas dengan memperhatikan bahwa seorang pemimpin Kristen adalah seorang individu yang telah ditebus Allah, yang olehnya ia harus yakin bahwa ia terpanggil Allah untuk memangku tanggung jawab yang diberikan. Dalam penulisan karya ilmiah ini, penulis menggunakan metode penelitian yaitu: Penulis memperoleh data melalui penelitian kepustakaan yaitu buku-buku penulisan serta diktat-diktat perkuliahan. Berdasarkan seluruh pembahasan maka dapat ditarik kesimpulan sebagai berikut: Pertama, Pemimpin itumemberikan pengaruh. Artinya gereja atau organisasi tanpa pemimpin tidak akan menghasilkan tatanan nilai dan hasil yang baik. Kedua, model kepemimpinan. Artinya ada beberapa model kepemimpinan yang bisa diterapkan dalam kepemimpinan gereja dan kepemimpinan pada lembaga-lembaga non-Kristen.

scholarly journals Penyelesaian Sengketa Pelaksanaan Perjanjian Lelang Sungai di Bidang Perikanan di Kecamatan Tanjung Lago Kabupaten Banyuasin

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 106
Author(s):  
Indrajaya Indrajaya
Keyword(s):  
Natural Resources ◽  
Research Method ◽  
Local Population ◽  
Civil Code ◽  
Legal Action ◽  
Research Results ◽  
Long Time ◽  
Settlement Of Disputes ◽  
The Village

In the Civil Code regulates agreement, one type of agreement is an auction, however the object of this auction agreement is not an object or animal, but a river. In areas that have natural resources in the form of rivers, these agreements are often carried out, in practice adapted to local local wisdom. The river auction tradition in Tanjung Lago District, Banyuasin Regency, South Sumatra Province has been going on for a long time and has become a tradition for the local population. However, in practice there are often defaults committed by the parties. The purpose of this study is to determine the settlement of disputes in case of default by the parties. The research method is to look at direct facts that happen in real terms but still by using legal materials in the form of existing regulations and other sources. From the research results it is known that if one of the parties (the village administration and the winner of the auction) defaults, a deliberation between both parties but if it cannot be resolved then legal action can be taken. Meanwhile, if there is a default between the auction winner and the fisherman, the settlement will only be in the form of a warning and loss of trust without any sanctions.

scholarly journals Problematika Hukum dan Alternatif Penyelesaiannya Bagi Konsumen Pengguna Jasa Aplikasi Gojek dan Grabcar sebagai Angkutan Berbasis On Line

2019 ◽  
Vol 4 (2) ◽  
pp. 91
Author(s):  
Dwi Handayani ◽  
Muhammad Ilyas
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Issues ◽  
Legal Action ◽  
Transportation Services ◽  
Application Service ◽  
The World ◽  
On Line

Various legal issues that have surfaced to date cannot be separated from the development of information technology that has mastered the world map. People as consumers really need fast and cheap transportation services to transport people or goods to meet their daily needs. The presence of the Gojek and GrabCar application services is one of the solutions needed by the community at this time, but there is no legal umbrella that regulates people’s transportation services for motorbikes or motorbikes and the transportation of people or passengers to Gocar or Grabcar in private cars, causing various legal issues in its application. Legal issues that arise, are forms of legal protection for consumer users and dispute resolution due to default by one of the parties. The research method is empirical research by processing primary and secondary data, which are then analyzed qualitatively. Conclusions on the results of the discussion: a form of legal protection for consumers and drivers in the form of compensation or assistance in the amount of five to 10 million rupiahs for guaranteed protection for hospital fees and in the event of accidents and life insurance guarantees from AXA Group. The procedure for resolving a default by a Gojek-GrabCar application provider as a result of private law or civil relations is that the application service user as a party to the agreement can choose to take legal action (litigation) or peace/mediation/conciliation (non-litigation).

scholarly journals LEGAL PROTECTION OF PRIVACY DATA THROUGH ENCRYPTION TECHNOLOGY

2020 ◽  
Vol 1 (2) ◽  
pp. 61
Author(s):  
Thania Christy Corne
Keyword(s):  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Electronic System ◽  
Legal Issues ◽  
Legal Research ◽  
Human Right ◽  
State Security ◽  
Digital World ◽  
Technological Developments

Technological developments in the era of globalization bring humans into the digital age. All things will directly contact with an electronic system. And so with the data, some of the data among this world is privacy. That’s why encryption is needed to be applied. Initially, encryption was used as a privacy data protector, but in its development encryption gave birth to problems in the legal field. Where criminals use encryption as a shield for their crimes. Therefore, legal issues arise, whether for reasons of government or state security can have access to one’s privacy data. How does international or national law regulate the issue of using decryption of encryption technology? The method used in this paper is a juridical-normative comparative legal research method. The result shows that international law does not regulate the use of encryption in protecting privacy data in the digital world comprehensively because some of the countries claim that the use of encryption is a part of human right, on the other hands some country has another vision on national security.

scholarly journals Kebijakan Hukum Pidana Dibidang Transaksi Elektronik Sebagai Tindak Pidana Non-Konvensional

2020 ◽  
Vol 15 (1) ◽  
pp. 111-120
Author(s):  
Melani Melani ◽  
Hari Sutra Disemadi ◽  
Nyoman Serikat Putra Jaya
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Electronic System ◽  
Electronic Systems ◽  
Transaction Management ◽  
Legal Action ◽  
Legal Certainty ◽  
Technology Utilization ◽  
Electronic Transactions ◽  
Cyber Space

The development and progress of electronic transactions has resulted in changes in the activities of human life in various fields which have directly given rise to new forms of legal action that require Indonesia to form arrangements regarding electronic transaction management. The purpose of this study is to find out the background of the birth of criminal law policies regarding electronic transactions and to find out the formulation of criminal acts regarding electronic transactions in Law Number 19 of 2019 concerning Information and Electronic Transactions. The results of this study indicate that the background of the birth of the criminal law policy in the field of electronic transactions is the development of crime through electronic systems in society. Although crime through an electronic system is virtual, it can be categorized as a real legal act or action. Juridically, legal actions in this cyber space are regulated in the ITE Law. This ITE Law is an absolute legal approach to safeguard security in cyberspace and produce legal certainty on technology utilization issues.

scholarly journals EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 114-121
Author(s):  
Budi Aspani
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Civil Code ◽  
The State ◽  
Grace Period ◽  
Existing Problems ◽  
Court Judge ◽  
Library Research ◽  
State Administration ◽  
Conducting Research

Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.

scholarly journals PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)

2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Scientific Paper ◽  
Theory Of Justice ◽  
Article 50 ◽  
The Right

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

scholarly journals Peralihan Hak Atas Tanah Melalui Jual Beli Berdasarkan Hukum Adat

2020 ◽  
Vol 1 (2) ◽  
pp. 213-217
Author(s):  
I Made Krishna Dharma Kusuma ◽  
Putu Gede Seputra ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Local Community ◽  
Economic Value ◽  
Legal Protection ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Literature Study ◽  
The One ◽  
The Village

Humans cannot be separated from the name of land, because land is the one who revives humans and living creatures around it in the progress of the current era of land has Economic Value. Land is the main and largest capital of Indonesia, land is the only capital. The problems of this study are 1) what are the procedures for the transfer of Land Rights according to Customary Law? 2) How is the power of the Law of Sale and Purchase of Property Rights on Land according to Customary Law? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) the transfer of rights to land according to customary law is valid if the act of light and cash is carried out. The purpose of the sale and purchase agreement is in the presence of PPAT (Land Deed Official) and Witnesses in the transfer of rights to the land and the witness is the head of the village and the local community, which in cash means that there are two actions which are carried out simultaneously, namely the transfer of rights from the seller to the buyer and payment of prices in part or in full from the buyer to the seller. 2). The act of buying and selling that has a good intention is seen when the parties that make a sale and purchase of land rights ask to be done before the Customary Chief / local Village Chief. In the Civil Code the legal protection of buyers with good intentions, if the sale and purchase agreement is carried out based on Customary Law has been protected by the provisions of article 1338 paragraph (3) of the Civil Code.  

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