The development of the business of public transportation services (trevel) is increasing. In the Rokan Hilir district, there are many illegal entrepreneurs travelling, this has a negative impact on consumer who use these public transportation services. The practical purpose of the article is to find out how the implementation of consumer protection of the responsibility of illegal entrepreneur travelling and what the inhibiting factors in implementation in the Tanah Putih district, at Rokan Hilir. This research is included in the type of observation research. The object of this research is to examine consumer protection against the implementation of the responsibilities of travel entrepreneurs without an operational permit in the Tanah Putih district, at Rokan Hilir, which is analyzed based on Law Number 8 of 1999 concerning Consumer Protection. Therefore, the type of research the author uses is observation research, so in this study, the author uses primary data and chooses the census method so that the researcher uses the entire population as respondents.The result of this study, First, indicate that the responsibility of illegal travel entrepreneurs has not been carried out optimally. Second, inhibiting factors the implementation, because the government needs to be more serious and consistent in implementing regulations that have been made. In addition, there is a lack of awareness and understanding of consumer regarding the application of existing rule.
{"title":"Perlindungan Konsumen Dalam Hal Pelaksanaan Tanggung Jawab Pengusaha Travel Tanpa Izin Operasional","authors":"Esy Kurniasih, Teguh Rama Prasja, Anggraini Dwi Milandry","doi":"10.38043/jah.v5i2.3741","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3741","url":null,"abstract":"The development of the business of public transportation services (trevel) is increasing. In the Rokan Hilir district, there are many illegal entrepreneurs travelling, this has a negative impact on consumer who use these public transportation services. The practical purpose of the article is to find out how the implementation of consumer protection of the responsibility of illegal entrepreneur travelling and what the inhibiting factors in implementation in the Tanah Putih district, at Rokan Hilir. This research is included in the type of observation research. The object of this research is to examine consumer protection against the implementation of the responsibilities of travel entrepreneurs without an operational permit in the Tanah Putih district, at Rokan Hilir, which is analyzed based on Law Number 8 of 1999 concerning Consumer Protection. Therefore, the type of research the author uses is observation research, so in this study, the author uses primary data and chooses the census method so that the researcher uses the entire population as respondents.The result of this study, First, indicate that the responsibility of illegal travel entrepreneurs has not been carried out optimally. Second, inhibiting factors the implementation, because the government needs to be more serious and consistent in implementing regulations that have been made. In addition, there is a lack of awareness and understanding of consumer regarding the application of existing rule.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125184072","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}
This study describes the resolution of general election disputes in Indonesia. Elections should be a democratic party filled with enjoy, starting from preparation, and implementation to receiving election results through a process with integrity. However, the opposite is possible, so it is necessary to explain the mechanism for resolving general election disputes. This paper uses a library research method and is a normative juridical legal research with secondary data such as books, journals, and other documents used as the main data using a statute approach. From the research conducted, it is concluded that: First, the general election is a means of people's sovereignty to elect members of the People's Representative Council (DPR), members of the Regional Representatives Council (DPD), President and Vice President, and to elect members of the Regional People's Representative Council (DPRD). which is carried out directly, publicly, freely, confidentially, honestly, and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Second, the dispute resolution of the election process can be carried out through the General Elections Supervisory Agency or abbreviated as Bawaslu, and through the State Administrative Court. However, disputes over election results can only be resolved through the Constitutional Court. Third, the resolution of process disputes and outcome disputes can be followed by mediation and adjudication procedures.
{"title":"Mekanisme Penyelesaian Sengketa Pemilihan Umum di Indonesia","authors":"Benni Erick, M. Ikhwan","doi":"10.38043/jah.v5i2.3763","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3763","url":null,"abstract":"This study describes the resolution of general election disputes in Indonesia. Elections should be a democratic party filled with enjoy, starting from preparation, and implementation to receiving election results through a process with integrity. However, the opposite is possible, so it is necessary to explain the mechanism for resolving general election disputes. This paper uses a library research method and is a normative juridical legal research with secondary data such as books, journals, and other documents used as the main data using a statute approach. From the research conducted, it is concluded that: First, the general election is a means of people's sovereignty to elect members of the People's Representative Council (DPR), members of the Regional Representatives Council (DPD), President and Vice President, and to elect members of the Regional People's Representative Council (DPRD). which is carried out directly, publicly, freely, confidentially, honestly, and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Second, the dispute resolution of the election process can be carried out through the General Elections Supervisory Agency or abbreviated as Bawaslu, and through the State Administrative Court. However, disputes over election results can only be resolved through the Constitutional Court. Third, the resolution of process disputes and outcome disputes can be followed by mediation and adjudication procedures.\u0000 ","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114933044","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}
Ya Rakha Muyassar, Syarifah Arabiyah, Purwamto Purwamto, F. Fahmi
The provisions of Article 49 paragraph (2) of Law Number 7 of 1989 concerning the Religious Courts and Article 7 paragraph (2) and paragraph (3) of the Compilation of Islamic Law are the juridical basis for the Religious Courts to carry out itsbat marriage. This provision also limits marriages that can be requested for itsbat to the Religious Courts if the marriage takes place after the enactment of Law Number 1 of 1974 concerning Marriage. However, because the marriage itsbat is very much needed by the community to fulfill administrative requirements and also to protect the rights of women and children, the judges of the Religious Courts conduct ijtihad by violating these provisions to grant the application for itsbat marriage submitted, taking into account the maslahah for the community. In general. Then the Director General of Badilag made it one of justice for all, especially for the poor Muslim community and those marginalized in the form of circuit courts at home and abroad. The urgency, problems, and practice in Kubu Raya are exciting to discuss because there are many initiations to perform itsbat marriage to get legal protection and certainty, as well as make people more sensitive to the law. The method used in this research combines field research and library research. Data collection methods include primary and secondary legal materials and interviews with the Kubu Raya Religious Court judges. It is hoped that the holding of this itsbat marriage will be able to protect the rights of women and children who are born so that there is no legal deviation and increase public awareness of the law, especially the people in the Kubu Raya area, West Kalimantan.
{"title":"Itsbat Marriage: Urgency, Problems, and Practices, To Reach Law-Aware Villages in Kubu Raya, West Kalimantan","authors":"Ya Rakha Muyassar, Syarifah Arabiyah, Purwamto Purwamto, F. Fahmi","doi":"10.38043/jah.v5i2.3919","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3919","url":null,"abstract":"The provisions of Article 49 paragraph (2) of Law Number 7 of 1989 concerning the Religious Courts and Article 7 paragraph (2) and paragraph (3) of the Compilation of Islamic Law are the juridical basis for the Religious Courts to carry out itsbat marriage. This provision also limits marriages that can be requested for itsbat to the Religious Courts if the marriage takes place after the enactment of Law Number 1 of 1974 concerning Marriage. However, because the marriage itsbat is very much needed by the community to fulfill administrative requirements and also to protect the rights of women and children, the judges of the Religious Courts conduct ijtihad by violating these provisions to grant the application for itsbat marriage submitted, taking into account the maslahah for the community. In general. Then the Director General of Badilag made it one of justice for all, especially for the poor Muslim community and those marginalized in the form of circuit courts at home and abroad. The urgency, problems, and practice in Kubu Raya are exciting to discuss because there are many initiations to perform itsbat marriage to get legal protection and certainty, as well as make people more sensitive to the law. The method used in this research combines field research and library research. Data collection methods include primary and secondary legal materials and interviews with the Kubu Raya Religious Court judges. It is hoped that the holding of this itsbat marriage will be able to protect the rights of women and children who are born so that there is no legal deviation and increase public awareness of the law, especially the people in the Kubu Raya area, West Kalimantan.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130174794","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}
Ratna Indah Lestari, Nur Wulan Suci, Eka Maisara Amalia
In online buying and selling, it can be known as e-commerce, with e-commerce, sellers and buyers can carry out transactions without meeting in person. This study aims to determine legal protection, dispute resolution and rights received by consumers in buying and selling transactions on online media. In this study the authors used empirical research methods. The data taken in the form of secondary and primary data, secondary data obtained from interviews of two informants who have cases related to purchases on Instagram social media. Primary data were obtained from Civil Laws, literature studies and various articles related to the problems studied. The results obtained from this paper that legal protection for consumers who feel aggrieved due to unscrupulous producers has been regulated in Law no. 8 of 1999. However, if the number of the irresponsible business actor cannot be contacted, the consumers who are victims will be able to make efforts to seek compensation for this matter and report it to law enforcement officials.
{"title":"Perlindungan Hukum Terhadap Konsumen Yang Terlibat Dalam Transaksi Jual Beli Pada Media Sosial Instagram","authors":"Ratna Indah Lestari, Nur Wulan Suci, Eka Maisara Amalia","doi":"10.38043/jah.v5i2.3621","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3621","url":null,"abstract":"In online buying and selling, it can be known as e-commerce, with e-commerce, sellers and buyers can carry out transactions without meeting in person. This study aims to determine legal protection, dispute resolution and rights received by consumers in buying and selling transactions on online media. In this study the authors used empirical research methods. The data taken in the form of secondary and primary data, secondary data obtained from interviews of two informants who have cases related to purchases on Instagram social media. Primary data were obtained from Civil Laws, literature studies and various articles related to the problems studied. The results obtained from this paper that legal protection for consumers who feel aggrieved due to unscrupulous producers has been regulated in Law no. 8 of 1999. However, if the number of the irresponsible business actor cannot be contacted, the consumers who are victims will be able to make efforts to seek compensation for this matter and report it to law enforcement officials.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130988062","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}
The large number of book piracy and/or unauthorized sellers in the marketplace is a serious legal problem. Book piracy has become an industry in Indonesia. This is due to the lack of law enforcement that occurs, consumer behavior that is not aware of copyright, and business actors who seek profit by illegal means. Business actors in this case are not only sellers, but also the marketplace as a digital trading platform provider should also be responsible for selecting the goods to be sold by the seller. Unfortunately, the focus of law enforcement on copyright infringements is still focused only on piracy actors. Marketplace providers as an important element in digital transactions often not charged with legal responsibility. Therefore, this study focuses on how the responsibility of the marketplace and the mechanism for resolving copyright disputes that occur in the marketplace. This research uses normative legal research methods. The results of this study indicate that there is an agreement between the seller/partner/merchant and the marketplace as a digital trading platform provider. From this agreement, the elements of Article 10 of the Indonesia Copyright that state “Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from Copyrights and/or Related Rights infringements in the location under their management.” The dispute resolution mechanism regulated in the Copyright Law consists of litigation (civil and criminal) and non-litigation.
{"title":"Penegakan Hukum Terhadap Pelanggaran Hak Cipta Dalam Jual Beli Karya Sastra Pada Marketplace","authors":"Ratih Widowati","doi":"10.38043/jah.v5i2.3770","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3770","url":null,"abstract":"The large number of book piracy and/or unauthorized sellers in the marketplace is a serious legal problem. Book piracy has become an industry in Indonesia. This is due to the lack of law enforcement that occurs, consumer behavior that is not aware of copyright, and business actors who seek profit by illegal means. Business actors in this case are not only sellers, but also the marketplace as a digital trading platform provider should also be responsible for selecting the goods to be sold by the seller. Unfortunately, the focus of law enforcement on copyright infringements is still focused only on piracy actors. Marketplace providers as an important element in digital transactions often not charged with legal responsibility. Therefore, this study focuses on how the responsibility of the marketplace and the mechanism for resolving copyright disputes that occur in the marketplace. This research uses normative legal research methods. The results of this study indicate that there is an agreement between the seller/partner/merchant and the marketplace as a digital trading platform provider. From this agreement, the elements of Article 10 of the Indonesia Copyright that state “Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from Copyrights and/or Related Rights infringements in the location under their management.” The dispute resolution mechanism regulated in the Copyright Law consists of litigation (civil and criminal) and non-litigation.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115016522","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}
Child problems that often occur to children are acts of sexual violence against children which can be in the form of physical or psychological violence. Sexual violence against children needs serious attention considering the consequences of sexual violence against children will cause children to experience prolonged trauma. Trauma can endanger the mental development of children so that children cannot grow and develop properly. Cases of crimes of sexual violence against children where the perpetrators are adults and most of them are known to the victims. In general, sexual violence is a sexual satisfaction that is obtained by someone from having sex with children. The purpose of this study is to find out and analyze the legal protection for children as victims of sexual violence provided by the Bali Police and the form of sanctions given to perpetrators of criminal acts. sexual violence against children. This study uses empirical or sociological research methods with a juridical approach. The results showed that the legal protection provided by the PPA Unit was in the form of legal and psychiatric assistance starting from the investigation process to the judicial process. The imposition of sanctions given to adult perpetrators in accordance with the provisions of Law no. 35 of 2014. For perpetrators who are minors, efforts are made through diversion, if diversion is not possible, it will be processed in accordance with the provisions contained in Law no. 11 of 2012.
{"title":"Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Seksual (Studi Kasus di Polda Bali)","authors":"Ida Ayu Sadnyini, Sang Putu Wedha Rama","doi":"10.38043/jah.v5i2.3743","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3743","url":null,"abstract":"Child problems that often occur to children are acts of sexual violence against children which can be in the form of physical or psychological violence. Sexual violence against children needs serious attention considering the consequences of sexual violence against children will cause children to experience prolonged trauma. Trauma can endanger the mental development of children so that children cannot grow and develop properly. Cases of crimes of sexual violence against children where the perpetrators are adults and most of them are known to the victims. In general, sexual violence is a sexual satisfaction that is obtained by someone from having sex with children. The purpose of this study is to find out and analyze the legal protection for children as victims of sexual violence provided by the Bali Police and the form of sanctions given to perpetrators of criminal acts. sexual violence against children. This study uses empirical or sociological research methods with a juridical approach. The results showed that the legal protection provided by the PPA Unit was in the form of legal and psychiatric assistance starting from the investigation process to the judicial process. The imposition of sanctions given to adult perpetrators in accordance with the provisions of Law no. 35 of 2014. For perpetrators who are minors, efforts are made through diversion, if diversion is not possible, it will be processed in accordance with the provisions contained in Law no. 11 of 2012.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122572667","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}
The culture of farming and clearing land has existed since the transition of primitive humans to the modern age, as has the agricultural culture of the Dayak Kanayat’n indigenous people, which has been handed down from their predecessors for generations is currently evolving. The Kanayat’n Dayak are a sub-tribe of the Dayak who reside primarily in West Kalimantan on the island of Kalimantan. The Dayak Kanayat’n indigenous people are predominantly traditional farmers using traditional farming techniques. Agriculture is a part of the culture; agricultural techniques give rise to a farming culture, which absorbs local practices in cultivating the land. The pattern of land clearing can deduce the traditional nature of this agriculture. Conventional Dayak kanayat’n farmers clear the ground by identifying the area, chopping down the vegetation, and burning the remnants. This method of land clearance employed by the indigenous Dayak Kanyat‘n is also known as shifting cropping. This shifting cultivation activity has a positive aspect, namely the development and preservation of traditional Dayak kanayat’n agricultural culture customs. Still, it also has a wrong side, environmental damage, if carried out in large quantities and without measurement. This research focuses on the sociological juridical approach. Methods of data collection employing both primary and secondary legal materials. Article 80 of the Provisions for the Traditional Deliberation in Sengah Temila District, dated March 12-13, 2010, stipulates the administration of restorative justice to farmers who violate Dayak Kanayat customary law and cause forest fires. The sanction is Siam Pahar Pangalabur Temenggung.
自从原始人类向现代过渡以来，耕种和开垦土地的文化就已经存在，就像达亚克卡纳亚特土著人民的农业文化一样，从他们的祖先那里代代相传，目前正在发展。Kanayat 'n Dayak是Dayak人的一个分支，主要居住在加里曼丹岛的西加里曼丹。Dayak Kanayat 'n土著人主要是使用传统农业技术的传统农民。农业是文化的一部分;农业技术产生了一种农业文化，这种文化吸收了当地的耕作方式。土地清理模式可以推断出这种农业的传统性质。传统的Dayak kanayat 'n农民通过确定区域、砍伐植被和焚烧残余来清理地面。土著达亚克·坎亚特恩采用的这种土地清理方法也被称为轮作。这种移栽活动有其积极的一面，即发扬和保存了大雅族传统的农业文化习俗。然而，如果大量进行且不进行测量，它也有不好的一面，即对环境造成破坏。本研究侧重于社会学的法律方法。采用主要和次要法律材料收集数据的方法。2010年3月12日至13日颁布的《森加特米拉地区传统审议规定》第80条规定，对违反达亚克卡纳亚特习惯法并引发森林火灾的农民实施恢复性司法。制裁是Siam Pahar Pangalabur Temenggung。
{"title":"Restorative Justice Paradigm of Kanayat'n Dayak Customary Law on Environmental Damage Caused By Shifting Cultivation","authors":"Klara Dawi, Didi Haryono, Anita Yuliastini, Agustinus Astono","doi":"10.38043/jah.v5i2.3918","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3918","url":null,"abstract":"The culture of farming and clearing land has existed since the transition of primitive humans to the modern age, as has the agricultural culture of the Dayak Kanayat’n indigenous people, which has been handed down from their predecessors for generations is currently evolving. The Kanayat’n Dayak are a sub-tribe of the Dayak who reside primarily in West Kalimantan on the island of Kalimantan. The Dayak Kanayat’n indigenous people are predominantly traditional farmers using traditional farming techniques. Agriculture is a part of the culture; agricultural techniques give rise to a farming culture, which absorbs local practices in cultivating the land. The pattern of land clearing can deduce the traditional nature of this agriculture. Conventional Dayak kanayat’n farmers clear the ground by identifying the area, chopping down the vegetation, and burning the remnants. This method of land clearance employed by the indigenous Dayak Kanyat‘n is also known as shifting cropping. This shifting cultivation activity has a positive aspect, namely the development and preservation of traditional Dayak kanayat’n agricultural culture customs. Still, it also has a wrong side, environmental damage, if carried out in large quantities and without measurement. This research focuses on the sociological juridical approach. Methods of data collection employing both primary and secondary legal materials. Article 80 of the Provisions for the Traditional Deliberation in Sengah Temila District, dated March 12-13, 2010, stipulates the administration of restorative justice to farmers who violate Dayak Kanayat customary law and cause forest fires. The sanction is Siam Pahar Pangalabur Temenggung.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129894607","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}
Alisyah Early Fajrin, Sjaifurrachman Sjaifurrachman
Consumer disputes are disputes that occur between consumers and business actors in buying and selling transactions. The government issued the Consumer Protection Act to provide legal protection to consumers. However, in its implementation there is also protection against arbitration decisions that should and are binding, the Consumer Law provides an opportunity for parties who object to the offer can file an objection. Therefore, this study aims to find out how to resolve consumer disputes through arbitration in laws and regulations and how to resolve conflicts in dispute resolution through arbitration. The results of the study indicate that there is a conflict of norms between the Consumer Protection Act and the Arbitration and Alternative Dispute Resolution Act regarding the nature of the arbitration award which is final and binding. A form of norm conflict is to use it as a preference.
{"title":"Analisis Penyelesaian Sengketa Konsumen Melalui Arbitrase","authors":"Alisyah Early Fajrin, Sjaifurrachman Sjaifurrachman","doi":"10.38043/jah.v5i2.3764","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3764","url":null,"abstract":"Consumer disputes are disputes that occur between consumers and business actors in buying and selling transactions. The government issued the Consumer Protection Act to provide legal protection to consumers. However, in its implementation there is also protection against arbitration decisions that should and are binding, the Consumer Law provides an opportunity for parties who object to the offer can file an objection. Therefore, this study aims to find out how to resolve consumer disputes through arbitration in laws and regulations and how to resolve conflicts in dispute resolution through arbitration. The results of the study indicate that there is a conflict of norms between the Consumer Protection Act and the Arbitration and Alternative Dispute Resolution Act regarding the nature of the arbitration award which is final and binding. A form of norm conflict is to use it as a preference.\u0000 ","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134344785","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}
The purpose of this study is to determine the form of additional sanctions that can be applied to corporations in various provisions of the applicable laws and regulations and to analyse the application of various provisions related to additional forms of criminal sanctions as environmental restoration in court decisions. The research method used is normative juridical, namely legal research using library research, by conducting research through library materials or secondary and tertiary data. The form of additional sanctions that can be imposed on companies/corporations in environmental crimes under different statutory provisions. Then the application of additional criminal sanctions oriented towards environmental recovery in court decisions is still rarely implemented properly. Of the two court decisions, only one has complied with applicable regulations and is oriented towards environmental sustainability. The benefits of this research are as a reference source for government agencies to solve problems and environmental management, and can be used as a guide in the search for truth and legal certainty and can be used as a reference in future research.
{"title":"Analisis Yuridis Terhadap Penerapan Sanksi Pidana Tambahan Bagi Pemulihan Lingkungan Oleh Korporasi","authors":"Aullia vivi Yulianingrum, Yohana Oktaviani","doi":"10.38043/jah.v5i2.3739","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3739","url":null,"abstract":"The purpose of this study is to determine the form of additional sanctions that can be applied to corporations in various provisions of the applicable laws and regulations and to analyse the application of various provisions related to additional forms of criminal sanctions as environmental restoration in court decisions. The research method used is normative juridical, namely legal research using library research, by conducting research through library materials or secondary and tertiary data. The form of additional sanctions that can be imposed on companies/corporations in environmental crimes under different statutory provisions. Then the application of additional criminal sanctions oriented towards environmental recovery in court decisions is still rarely implemented properly. Of the two court decisions, only one has complied with applicable regulations and is oriented towards environmental sustainability. The benefits of this research are as a reference source for government agencies to solve problems and environmental management, and can be used as a guide in the search for truth and legal certainty and can be used as a reference in future research.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124339813","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}
Indonesia is a state of law, the basic law for all laws and regulations in Indonesia is the 1945 Constitution of the Republic of Indonesia. In an effort to uphold the constitution and the principles of a democratic rule of law, the Constitutional Court has the authority to examine laws on the 1945 Constitution of the Republic of Indonesia. This study aims to knowing how the judges of the Constitutional Court considered the decision Number 106/PUU-XVIII/2020 and to find out the impact of the decision. This study uses a normative juridical approach with a descriptive analytical method which will explain the description of the analysis of the data that has been collected. Based on the results of the research on Decision Number 106/PUU-XVIII/2020 it can be concluded that the judges of the Constitutional Court in their consideration have not fully fulfilled the aspects of justice and legal expediency and are more inclined to original intent and do not reflect contextual meaning. Broadly speaking, there are four impacts of the decision, among others, the existence of legal certainty, closing the opportunity for re-testing, the government must conduct research on the use of marijuana, and determine the next policy in the hands of the House of Representatives.
{"title":"Legalisasi Ganja Medis (Analisis Putusan MK Nomor 106/Puu-Xviii/2020)","authors":"Erik Dwi Prassetyo","doi":"10.38043/jah.v5i2.3735","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3735","url":null,"abstract":"Indonesia is a state of law, the basic law for all laws and regulations in Indonesia is the 1945 Constitution of the Republic of Indonesia. In an effort to uphold the constitution and the principles of a democratic rule of law, the Constitutional Court has the authority to examine laws on the 1945 Constitution of the Republic of Indonesia. This study aims to knowing how the judges of the Constitutional Court considered the decision Number 106/PUU-XVIII/2020 and to find out the impact of the decision. This study uses a normative juridical approach with a descriptive analytical method which will explain the description of the analysis of the data that has been collected. Based on the results of the research on Decision Number 106/PUU-XVIII/2020 it can be concluded that the judges of the Constitutional Court in their consideration have not fully fulfilled the aspects of justice and legal expediency and are more inclined to original intent and do not reflect contextual meaning. Broadly speaking, there are four impacts of the decision, among others, the existence of legal certainty, closing the opportunity for re-testing, the government must conduct research on the use of marijuana, and determine the next policy in the hands of the House of Representatives.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132446784","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}
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