Pub Date : 2021-11-30DOI: 10.22225/juinhum.2.3.4166.646-650
I. P. S. I. Baskara, I. Budiartha, Ni Made Puspasutari Ujianti
The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.
{"title":"Perlindungan Hukum Bagi Para Pihak dalam Kontrak Bisnis Melalui E-Commerce Sebagai Akibat dari Resesi Ekonomi","authors":"I. P. S. I. Baskara, I. Budiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.2.3.4166.646-650","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4166.646-650","url":null,"abstract":"The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134601601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.22225/juinhum.2.3.4196.678-682
Kadek Dicky Candra Mahendra, I. N. Sugiartha, L. Suryani
Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.
{"title":"Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja","authors":"Kadek Dicky Candra Mahendra, I. N. Sugiartha, L. Suryani","doi":"10.22225/juinhum.2.3.4196.678-682","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4196.678-682","url":null,"abstract":"Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128519114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.22225/juinhum.2.3.4167.651-655
Ngakan Made Wira Diputra, I. N. Sugiartha, L. Suryani
Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor
{"title":"Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Jual Beli Tanah (Studi Kasus : Putusan No. 74/Pid.B/2017/Pn Gin)","authors":"Ngakan Made Wira Diputra, I. N. Sugiartha, L. Suryani","doi":"10.22225/juinhum.2.3.4167.651-655","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4167.651-655","url":null,"abstract":"Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126794445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.22225/juinhum.2.3.4195.673-677
Kadek Yogi Pratama Putra, A. A. S. L. Dewi, L. Suryani
The development of the times is always followed by technological developments, digital technology has brought a major influence on human life. One example is information and communication technology. Various types of cell phones with the sophistication they have have changed the way humans exchange information and communicate. Various features are available in cellular phones, one of which is the short message service feature or commonly known as SMS. Initially this feature was used to make it easier for humans to send and receive short messages. Over time the feature or short message service is used by criminals for personal gain. Crime in the digital world is called cybercrime. Therefore, the purposes of this study are to examine the legal arrangements for victims of sweepstakes fraud through short message services and reveal forms of legal protection for victims of fraud through short message services. This research is designed with normative legal research using a legal and conceptual approach. Sources of data used are primary and secondary legal data collected using the literature study method. After the research data is collected, the final stage is processing and analyzing the data in a qualitative descriptive manner. The results of the study reveal that the crimes committed by the perpetrators are criminal acts of fraud which have been regulated in article 378 of the Criminal Code and have also been accommodated in the ITE Law which is regulated in article 28 paragraph (1). Furthermore, the victim has legal protection as regulated in the ITE Law.
{"title":"Perlindungan Hukum Korban Penipuan Undian Berhadiah Menurut Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik","authors":"Kadek Yogi Pratama Putra, A. A. S. L. Dewi, L. Suryani","doi":"10.22225/juinhum.2.3.4195.673-677","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4195.673-677","url":null,"abstract":"The development of the times is always followed by technological developments, digital technology has brought a major influence on human life. One example is information and communication technology. Various types of cell phones with the sophistication they have have changed the way humans exchange information and communicate. Various features are available in cellular phones, one of which is the short message service feature or commonly known as SMS. Initially this feature was used to make it easier for humans to send and receive short messages. Over time the feature or short message service is used by criminals for personal gain. Crime in the digital world is called cybercrime. Therefore, the purposes of this study are to examine the legal arrangements for victims of sweepstakes fraud through short message services and reveal forms of legal protection for victims of fraud through short message services. This research is designed with normative legal research using a legal and conceptual approach. Sources of data used are primary and secondary legal data collected using the literature study method. After the research data is collected, the final stage is processing and analyzing the data in a qualitative descriptive manner. The results of the study reveal that the crimes committed by the perpetrators are criminal acts of fraud which have been regulated in article 378 of the Criminal Code and have also been accommodated in the ITE Law which is regulated in article 28 paragraph (1). Furthermore, the victim has legal protection as regulated in the ITE Law.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126052253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-28DOI: 10.22225/juinhum.2.3.4143.597-601
Nyoman Sugiartha, Kalingga Maulana Ibrahim, I. P. G. Seputra
The Job Creation Act is a new law that is causing controversy, especially among workers/workers because the Job Creation Bill is considered detrimental to workers due to the imbalance of power relations in making agreements. The purposes of this study are to reveal the legal arrangements against employers in Law No. 11 of 2020 concerning Job Creation and criminal sanctions against employers if they do not comply with the provisions of the Job Creation Act. The type of research used in this study uses a normative legal research type with a statutory approach and a conceptual approach. The techniques for collecting legal materials are recording, summarizing, and quoting techniques. Sources of data used in the form of secondary and primary data which are then analyzed qualitatively. The results of the study reveal that there are criminal sanctions for entrepreneurs who pay labor wages below the district/city minimum wage as stipulated in Article 185 paragraph 1 of the Job Creation Law, namely a criminal threat for violating the criminal provisions, namely imprisonment for a minimum period of 2 years and a maximum of 4 years in prison and/or a fine of at least 100 million and a maximum of 400 million
{"title":"Sanksi Pidana Terhadap Pemberi Kerja dalam Undang-undang No.11 Tahun 2020 tentang Cipta Kerja","authors":"Nyoman Sugiartha, Kalingga Maulana Ibrahim, I. P. G. Seputra","doi":"10.22225/juinhum.2.3.4143.597-601","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4143.597-601","url":null,"abstract":"The Job Creation Act is a new law that is causing controversy, especially among workers/workers because the Job Creation Bill is considered detrimental to workers due to the imbalance of power relations in making agreements. The purposes of this study are to reveal the legal arrangements against employers in Law No. 11 of 2020 concerning Job Creation and criminal sanctions against employers if they do not comply with the provisions of the Job Creation Act. The type of research used in this study uses a normative legal research type with a statutory approach and a conceptual approach. The techniques for collecting legal materials are recording, summarizing, and quoting techniques. Sources of data used in the form of secondary and primary data which are then analyzed qualitatively. The results of the study reveal that there are criminal sanctions for entrepreneurs who pay labor wages below the district/city minimum wage as stipulated in Article 185 paragraph 1 of the Job Creation Law, namely a criminal threat for violating the criminal provisions, namely imprisonment for a minimum period of 2 years and a maximum of 4 years in prison and/or a fine of at least 100 million and a maximum of 400 million","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133729374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-28DOI: 10.22225/juinhum.2.3.4144.602-606
Louis Muda Adam Gesi Radja, I. N. Sugiartha, Ni Made Sukaryati Karma
Authority is what is called formal power, power comes from legislative power (given by law) or from executive administrative power. Authority, which usually consists of several powers, is power over a certain group of people or power over an area of government. The purposes of this study are to analyze the arrangement of the prosecutor's authority in detaining the perpetrators of hate speech crimes on social media and the prosecutor's obstacles in detaining the perpetrators of hate speech crimes on social media. The research method applied in this research is normative legal research with a statutory and a conceptual approach. The technique of collecting legal materials is done by means of a literature study. The of used are primary, secondary, and tertiary sources of legal materials. After the legal material has been collected, it will then be processed and analyzed using the method of processing legal materials systematically and presented descriptively. The results of the study reveal that the prosecutor's authority is regulated in the criminal procedural law code, the prosecutor's authority law. Which includes several laws, among others, Law no. 16 of 2004 which regulates the prosecutor's office, so that from the law it can be ascertained about the rights and powers of the prosecutor so that law enforcers, especially the prosecutor's office, can make detentions in accordance with the rules that have been in force, so that there is no abuse of authority by law enforcers, especially prosecutors and as The prosecutor's office should be obliged to realize equality for all Indonesian citizens who are being entangled in criminal, civil and other cases.
{"title":"Kewenangan Kejaksaan dalam Melakukan Penahanan Terhadap Pelaku Tindak Pidana Ujaran Kebencian di Sosial Media","authors":"Louis Muda Adam Gesi Radja, I. N. Sugiartha, Ni Made Sukaryati Karma","doi":"10.22225/juinhum.2.3.4144.602-606","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4144.602-606","url":null,"abstract":"Authority is what is called formal power, power comes from legislative power (given by law) or from executive administrative power. Authority, which usually consists of several powers, is power over a certain group of people or power over an area of government. The purposes of this study are to analyze the arrangement of the prosecutor's authority in detaining the perpetrators of hate speech crimes on social media and the prosecutor's obstacles in detaining the perpetrators of hate speech crimes on social media. The research method applied in this research is normative legal research with a statutory and a conceptual approach. The technique of collecting legal materials is done by means of a literature study. The of used are primary, secondary, and tertiary sources of legal materials. After the legal material has been collected, it will then be processed and analyzed using the method of processing legal materials systematically and presented descriptively. The results of the study reveal that the prosecutor's authority is regulated in the criminal procedural law code, the prosecutor's authority law. Which includes several laws, among others, Law no. 16 of 2004 which regulates the prosecutor's office, so that from the law it can be ascertained about the rights and powers of the prosecutor so that law enforcers, especially the prosecutor's office, can make detentions in accordance with the rules that have been in force, so that there is no abuse of authority by law enforcers, especially prosecutors and as The prosecutor's office should be obliged to realize equality for all Indonesian citizens who are being entangled in criminal, civil and other cases.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131421458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-27DOI: 10.22225/juinhum.2.3.4127.501-506
Nining Setyawati, I. Wijaya, L. Suryani
Plastic waste is one of the causes of environmental problems. Therefore, the Denpasar City Government issued a Mayor Regulation on Reducing the Use of Plastic Bags. The purposes of this study are to reveal the implementation of the Denpasar Mayor Regulation Number 36 of 2018 concerning Reducing the Use of Plastic Bags and the inhibiting factors in the implementation of the Mayor's Regulation Number 36 of 2018. The type of research used is empirical legal research with a statutory approach. The technique of collecting legal materials is done by observation, interviews and documentation methods. Sources of data used are primary and secondary data sources. After the data was collected, the data were analyzed using descriptive analysis techniques. The results of the discussion revealed that the Mayor's regulation was formed with the aim of controlling environmental damage and ensuring the sustainability of living things. The implementation of this regulation has not been effective because there are still many business actors and people who use plastic bags without replacing them with alternative bags. Inhibiting factors in the implementation of Denpasar Mayor Regulation No. 36 of 2018, namely the lack of public awareness of the dangers posed by the use of single-use plastic bags, the existence of the covid-19 pandemic which hinders government programs in directly socializing this regulation. Efforts that can be made by the government in socializing the reduction of plastic use can only be done virtually through mass media in the form of radio and television.
{"title":"Pelaksanaan Peraturan Walikota Denpasar Nomor 36 Tahun 2018 tentang Pengurangan Penggunaan Kantong Plastik","authors":"Nining Setyawati, I. Wijaya, L. Suryani","doi":"10.22225/juinhum.2.3.4127.501-506","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4127.501-506","url":null,"abstract":"Plastic waste is one of the causes of environmental problems. Therefore, the Denpasar City Government issued a Mayor Regulation on Reducing the Use of Plastic Bags. The purposes of this study are to reveal the implementation of the Denpasar Mayor Regulation Number 36 of 2018 concerning Reducing the Use of Plastic Bags and the inhibiting factors in the implementation of the Mayor's Regulation Number 36 of 2018. The type of research used is empirical legal research with a statutory approach. The technique of collecting legal materials is done by observation, interviews and documentation methods. Sources of data used are primary and secondary data sources. After the data was collected, the data were analyzed using descriptive analysis techniques. The results of the discussion revealed that the Mayor's regulation was formed with the aim of controlling environmental damage and ensuring the sustainability of living things. The implementation of this regulation has not been effective because there are still many business actors and people who use plastic bags without replacing them with alternative bags. Inhibiting factors in the implementation of Denpasar Mayor Regulation No. 36 of 2018, namely the lack of public awareness of the dangers posed by the use of single-use plastic bags, the existence of the covid-19 pandemic which hinders government programs in directly socializing this regulation. Efforts that can be made by the government in socializing the reduction of plastic use can only be done virtually through mass media in the form of radio and television.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122188996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-27DOI: 10.22225/juinhum.2.3.4136.555-561
I. Wiguna, I. Budiartha, Desak Gde Dwi Arini
Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions
{"title":"Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana","authors":"I. Wiguna, I. Budiartha, Desak Gde Dwi Arini","doi":"10.22225/juinhum.2.3.4136.555-561","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4136.555-561","url":null,"abstract":"Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124153267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-27DOI: 10.22225/juinhum.2.3.4132.531-537
Ni Made Wismantari, Anak Agung Sagung Laksmi Dewi, Ni Made Puspasutari Ujianti
The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.
{"title":"Upaya Pencegahan Kekerasan Terhadap Anak dimasa Pandemi Covid-19","authors":"Ni Made Wismantari, Anak Agung Sagung Laksmi Dewi, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.2.3.4132.531-537","DOIUrl":"https://doi.org/10.22225/juinhum.2.3.4132.531-537","url":null,"abstract":"The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116852842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-27DOI: 10.22225/juinhum.2.3.4131.525-530
Widhiatmika Coryka, I. Budiartha, Ni Made Puspasutari Ujianti
Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.
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