Letterlijk

DINAMIKA HUKUM PERIKATAN DALAM PRAKTIK PERBANKAN: PERLINDUNGAN HUKUM BAGI KREDITUR DAN DEBITUR

2024-06-30T11:26:38+07:00

The background to this research focuses on the importance of legal protection in the relationship between creditors and debtors in banking practice. This balance of legal protection is crucial considering the potential for conflict and disputes that often occur in credit engagements. The aim of this research is to examine how legal protection is provided to creditors and debtors, as well as identifying effective dispute resolution efforts in banking practice. The research method used is a normative juridical approach with analysis of statutory regulations, legal doctrine and case studies. Data was collected through literature study and documentation relevant to the topic of legal protection and banking dispute resolution. The research results show that legal protection for creditors includes the right to collateral and guarantees, as well as a clear and firm guarantee execution mechanism. On the other hand, legal protection for debtors includes the right to transparent information, protection from abusive collection practices, and a fair debt restructuring mechanism. Further discussion reveals that efforts to resolve disputes between creditors and debtors are often carried out through mediation, arbitration and litigation. The conclusion of this research is that balanced and effective legal protection for creditors and debtors is very important to maintain stability and trust in banking practices. Increased regulation and stricter supervision, as well as the promotion of alternative dispute resolution methods, can help reduce conflict and increase compliance with existing legal regulations.

PERIKATAN SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM TRANSAKSI JUAL BELI ONLINE

2024-06-30T11:39:49+07:00

This abstract discusses legal protection for contracts in the context of online buying and selling transactions as an effort to protect consumers. In the digital era, online buying and selling transactions are increasingly widespread and present new challenges in the field of contract law. Legal protection is very important to ensure consumer rights are protected from unfair trade practices, fraud and other violations. This article analyzes existing regulations, the role of electronic agreements, and the dispute resolution mechanisms available to consumers. Thus, it is hoped that the legal protection of engagement can provide security and trust for consumers in carrying out online transactions

ANALISIS YURIDIS TERHADAP PELANGGARAN SYARAT OBJEKTIF DALAM PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA

2024-06-30T11:14:35+07:00

This research aims to analyze and seek information regarding violations of the objective requirements in Article 1320 of the Civil Code. Buying and selling is a type of agreement regulated in the Civil Code, namely that one party binds himself to hand over an object and the other party to pay the price that has been promised or determined. The research method used in this research uses a normative method, namely the rules of literature study, namely in the form of collecting and conducting a study of several library sources. This research discusses the legal regulations governing the buying and selling of illegal Mystery City goods (Mistery Box) in Indonesia, as well as the implications of the practice of buying and selling illegal Mistery Box goods on the enforceability of agreements and consumer protection. Buying and selling Mystery Boxes via the internet has a different appeal from regular online buying and selling. Buyers do not need to spend a lot of time choosing which product they want because they only need to spend money and pay for the contents of the box in the mystery box that is already visible in the market. The legal consequences that often arise in Mystery Box buying and selling transactions in online shops are unlawful acts and breaches of contract. In cases of default, the buyer may be subject to legal sanctions, including payment of damages to the seller and payment of court costs if the problem is resolved through court.

ANALISIS HUKUM PERIKATAN DALAM KONTEKS DIGITAL : TANTANGAN DAN PELUANG DI ERA INDUSTRI 4.0

2024-06-30T11:11:50+07:00

The increasingly developing internet-based technology has also influenced trade activities in society. With the internet, trading activities can be carried out electronically, or what is better known as electronic-commerce and abbreviated as e-commerce. Likewise in Indonesia. In carrying out e-commerce transaction activities, transaction activities from the time an offer is made by the seller (manufacturer) to the buyer (consumer) until the implementation agreement is issued, all buying and selling uses electronic data by utilizing the internet network both by means of computers and communication tools. such as gadgets and cell phones, so that buying and selling transactions can be carried out anywhere, anytime and in a very flexible way. With its unique characteristics, it sometimes creates problems of legal certainty. Wider problems occur in the civil sector because electronic transactions for e-commerce based buying and selling transactions have become part of national and international commerce.

MEKANISME PERLINDUNGAN HUKUM BAGI PIHAK DALAM PERIKATAN KREDIT PERBANKAN

2024-06-30T11:01:34+07:00

Based on Article 1313 of the Civil Code, which states that an agreement is an act in which one or more people bind themselves to one or more other people. In the research we conducted, there were problems that were still widespread regarding banking credit agreement issues that had not yet been resolved. So in the research we conducted we discussed the protection mechanisms in banking credit agreements against cases of default that occur in banking credit agreements. The research we use is normative research, where in this research we delve more deeply into secondary information in the form of literature reviews and related laws and regulations. Banking credit agreements involve customers as debtors and banks as creditors. Legal protection in this agreement is regulated by various laws and regulations which regulate the rights and obligations of both parties, dispute resolution mechanisms, as well as preventing abuse of authority or default. The purpose of making a bank credit agreement in written form is to guarantee proof of the existence of the agreement if one of the parties breaks a promise or defaults, as well as guaranteeing legal certainty for both creditors and debtors.

DAMPAK FINANSIAL TEKNOLOGI TERHADAP HUKUM PERIKATAN DI INDONESIA

2024-06-30T11:06:14+07:00

This article discusses the impact of online agreements on the law of engagement. Increasingly complex growth and development in society must be accompanied and followed by developments and regulations that can fill or provide protection for the legal needs required by society. However, with the ease of carrying out financing transactions through financial technology, parties who enter into agreements online are vulnerable and have a high potential for bad faith from other parties in entering into an agreement. The research method used is a normative legal research method with a deeper understanding of secondary information in the form of literature reviews and statutory regulations, and related literature. The results of the research show that legal protection for the parties involved is regulated in POJK NO.77/2016, the rapid development of the digital world and progress every year cannot be avoided by online-based technology, this innovation greatly influences the lifestyle of the economic community and of course provides development also to the law of Engagement.

IMPLIKASI HUKUM KETIDAKTERPENUHAN SYARAT SUBJEKTIF DALAM PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA TERHADAP KEABSAHAN PERJANJIAN

2024-06-30T11:23:59+07:00

According to article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is stated that Indonesia is a legal state. In social life, agreements play a very important role as a legal instrument that regulates relationships between individuals and between institutions. According to article 1313 of the Civil Code which reads, "An agreement is an act by which one or more people bind themselves to one or more other people. Fulfilling the subjective requirements in making an agreement according to Article 1320 of the Civil Code is very important to ensure the validity of the agreement. Failure to comply with these conditions can have serious legal implications, including cancellation of the agreement or a declaration that the agreement was invalid from the start. The author uses a type of juridical normative research method, by examining library materials or secondary data which includes, among other things, primary legal materials, secondary legal materials and tertiary legal materials. The result that can be concluded is that non-fulfillment of these subjective conditions makes the agreement revocable (vernietigbaar), which means the agreement remains in effect until an interested party requests its cancellation in court. Implications for the rights and obligations of the parties occur if the agreement is canceled due to non-fulfillment of subjective conditions, then the rights and obligations of the parties will follow the legal consequences of the cancellation.

PERIKATAN DALAM KONTRAK: PERLINDUNGAN HUKUM BAGI PEKERJA DAN PENGUSAHA

2024-06-30T11:04:00+07:00

Legal protection for workers in Indonesia is regulated in Law Number 13 of 2003 concerning Employment. The basic policy in Labor Law is to protect the weak party, in this case the worker or laborer, from the arbitrariness of the employer or entrepreneur. However, in reality, since the enactment of Law Number 13 of 2003 concerning Employment, many people have complained about the certainty of their employment status due to the fixed-term employment contract system. However, with the issuance of Law Number 11 of 2020 concerning Job Creation, there are many concerns that the implementation of work with Specific Time Agreement (PKWT) status will be further relaxed. The formulation of the problem discussed in this article is what is the form of legal protection for workers according to the Job Creation Law and what is the form of legal protection for workers according to Law Number 13 of 2003. The results of the research show that Law Number 13 of 2003 concerning Employment provides various forms of legal protection for workers in Indonesia. This protection includes the right to decent wages, reasonable working and rest periods, as well as social security such as health insurance, old age security and work accident insurance. Meanwhile, the Job Creation Law is considered to be more detrimental to workers or laborers, as if there is bias towards certain parties. Indirectly, this proves that the Job Creation Law does not have the principles of justice that it should be because in several articles what is needed for workers or laborers is actually omitted.

KONSEKUENSI HUKUM CACAT KEHENDAK DALAM PEMBENTUKAN PERJANJIAN SESUAI PASAL 1320 KUHPERDATA

2024-05-30T14:18:59+07:00

Basically, in forming an agreement or contract must be based on the legal provisions governing the matter. The treaty is governed by article 1313 of the Covenant, whereas the legal conditions governing the treaty are regulated in article 1320 of that treaty. Nevertheless, any agreement that does not meet those conditions. One of them is a defect of the will that occurs in violation of article 1320 of the Covenant, and has its own consequences. So from that the author identifies into two formula problems, namely, related to the defect of will and the consequences faced according to article 1320 of the Covenant. The method used is normative-legal, i.e. seeking such a solution using the literature and regulations available. The result of such an interpretation is that the defect of will contained in a treaty is wrongful to the terms of an agreement in article 1320 of the Covenant and is due to the presence of elements of deceit, coercion, and fraud. In the application of the consequences, then the agreement can be cancelled because it relates to subjective conditions.

TANDA TANGAN ELEKTRONIK SEBAGAI SOLUSI HUKUM PERIKATAN DALAM ERA DIGITAL DI INDONESIA

2024-05-30T09:51:55+07:00

In the rapidly developing digital era, technology has made various aspects of life easier, including electronic signatures (TTE). This research examines the validity of TTE from the perspective of civil law, the Information and Electronic Transactions Law (UU ITE), as well as the certification process and the risks of using uncertified electronic signatures. The purpose of this research is to understand the legal strength and security of TTE, and the stages that must be passed to obtain a certified electronic certificate and what the risks are of using an uncertified electronic signature. This research uses a juridical-normative method with data collection techniques through literature studies from literature, laws and scientific articles. The research results show that TTE has legal force equivalent to a wet signature if it meets certain requirements, such as authentication of the owner of the signature and document. In addition, verification and certification by an Electronic Certification Organizer (PSrE) recognized by the Ministry of Communication and Information (Kominfo) is an important step to ensure the validity and security of TTE. This research also highlights the risks of using uncertified TTE, which can reduce the security and validity of documents. Thus, the use of certified TTE is crucial to support safe and legally valid digital transactions.

EVOLUSI PERIKATAN DALAM TRANSAKSI E-COMMERCE : REGULASI DAN IMPLEMENTASI DI INDONESIA

2024-06-24T09:06:01+07:00

This article explains the evolution of the development of e-commerce in Indonesia, as well as regulation and enforcement. Development of information and communication technology has a big impact on various aspects of life, including activities commercial. E-commerce by utilizing internet technology has changed the traditional buying and selling transaction paradigm becomes more effective and efficient. These technological advances have legal implications that need to be considerespecially regarding the legal relationship (bond) formed between the perpetrators economics and consumers in electronic commerce. This article examines challenges and efforts in developing regulations for participation in electronic commerce and implementing effective legal regulations for guarantee legal certainty for all involved. We look forward to this discussion can produce a more comprehensive understanding of the problem laws that arise in the e-commerce ecosystem in Indonesia and facilitate development of a legal framework that takes into account unique characteristics digital commerce.

PERAN HUKUM PERIKATAN DALAM MENDUKUNG PERKEMBANGAN HUKUM DI INDONESIA : PELUANG DAN HAMBATAN

2024-05-30T10:15:22+07:00

Engagement law has an important role in the development of the Indonesian legal system. As part of civil law, engagement law regulates various types of contractual relationships between individuals and legal entities, including commercial transactions, sales contracts, employment contracts, and various other forms of contracts. The development of contract law in Indonesia was influenced by the Dutch during the colonial period, reflected in the Civil Code which has been in effect since 1848. However, there are various obstacles in enforcing contract law in Indonesia. One of the main obstacles is the existence of different legal systems, such as customary law, Islamic law and national law. The purpose of this article is to analyze the role of engagement law in supporting legal development as well as the opportunities and obstacles faced in implementing engagement law in Indonesia. The research method used is normative juridical. Based on the research results, it can be concluded that Indonesian contract law plays a role in regulating various aspects of people's lives, such as leasing and credit contracts. Engagement law also plays a role in providing legal protection for parties related to contractual activities, resolving disputes that occur between parties in contractual agreements, both through litigation and through non-litigation. Opportunities for involvement in contract law are very important in supporting legal development in Indonesia. One of the main opportunities is the use of information technology. This provides the opportunity to develop new forms of legal contracts, such as digital contracts and smart contracts. In supporting the development of law in Indonesia, the law of engagement faces various obstacles. One of the main obstacles is limited understanding, lack of competent human resources and limited law enforcement support facilities.

PERAN HUKUM PERIKATAN DALAM PENYELESAIAN SENGKETA PERDATA STUDI KASUS PN KUNINGAN PUTUSAN NOMOR :3/Pdt.G/2024/PN Kng

2024-06-04T09:20:56+07:00

Engagement law plays a vital role in regulating legal relationships between parties involved in agreements in Indonesia. This article discusses how contract law functions as the main instrument in resolving civil disputes. The main focus of this research is on the mechanisms regulated by engagement law to resolve disputes arising from the implementation of agreements. Using a normative juridical approach, this article evaluates the principles of engagement law, types of engagement, and the dispute resolution procedures applied. Analysis of relevant civil cases in Indonesia provides a practical illustration of the application of contract law in the context of civil disputes. This article aims to provide comprehensive insight into the role of engagement law in achieving fair and efficient resolution in civil disputes and offers recommendations for improving the effectiveness of dispute resolution through engagement in the future.

PERAN PERIKATAN DALAM MENJAMIN KEPASTIAN HUKUM BAGI INVESTOR DI SEKTOR PROPERTI INDONESIA

2024-05-31T19:16:22+07:00

Agreements in the Indonesian property sector have an important role in ensuring legal certainty for investors. This engagement includes investment agreements, contracts, and other agreements that regulate the relationship between parties involved in the property business. In this engagement, it regulates the role of investors in the property business. This engagement is very important because it provides legal certainty for investors in guaranteeing their rights and avoiding conflicts that can arise in the property business. In addition, it also helps to resolve settlements that may arise in the property business in a fair and transparent manner. The research method used in this article is a case study with a qualitative approach with research using secondary data from several sources such as books, journals, articles, and related news. Thus in this research, it is found that the engagement in the Indonesian property sector has an important role in ensuring legal certainty for investors. This engagement helps ensure the rights and obligations of each party, so that the property business can run smoothly and safely.

ASPEK HUKUM PERIKATAN DALAM KONTRAK INTERNASIONAL: PERBANDINGAN ANTARA HUKUM INDONESIA DAN HUKUM INTERNASIONAL

2024-06-04T16:49:54+07:00

An internationalcontractis a contract that contains foreign elements and involves parties from various countries. In international contracts, there are differences in systems, paradigms and legal rules that apply in each country, so that legal harmonization and unification is needed to guarante ecertainty and security in international business transactions. International contracts in accordance with regulations regarding water pollution in Indonesia refer to Law Number 24 of 2000 concerning International Agreements. Settlement of national and international civil contract disputes more often uses the alternative of arbitration. This research analyzes the comparison between national contract law and international contracts. Dispute resolution in Indonesia is managed by BANI (Indonesian National Arbitration Board). To answer this problem, this research uses normative legal research methods. This writing uses an approachusing document study techniques, as well as study analysis using qualitative analysis.

IMPLEMENTASI HUKUM PERIKATAN DALAM TRANSAKSI E-COMMERCE DI INDONESIA

2024-06-14T10:04:09+07:00

E-commerce is an electronic trading platform that allows buying and selling transactions without face-to-face meetings, but via electronic media. In Indonesia, this transaction is regulated in the Civil Code, specifically Article 1457 concerning buying and selling and Article 1313 concerning agreements. An agreement in an e-commerce transaction is considered valid if it meets the requirements in Article 1320 of the Civil Code, namely there is an agreement between both parties, the ability to act, a certain matter, and a lawful cause. However, the implementation of contract law in e-commerce faces several challenges, such as fraud, non-compliance with goods, and data security risks. Legal protection for consumers is still often ignored, especially regarding defaults by business actors. Apart from that, there is the problem of legal pluralism regarding the age of consent in agreements, where Indonesian law has various restrictions. E-commerce dispute resolution can be done through litigation and non-litigation (ADR), with non-litigation increasingly becoming the preferred choice due to its efficiency and privacy. ADR methods include negotiation, mediation, and arbitration, each with its own procedures and advantages in resolving disputes effectively and fairly. Even though e-commerce offers convenience and practicality, legal and regulatory challenges need to continue to be refined to ensure rights protection and legal certainty for all parties involved. This research uses normative legal research methods by collecting secondary data from statutory regulations, legal literature, journals and other legal materials.

PERKEMBANGAN PERIKATAN DALAM KONTRAK BISNIS DITINJAU DARI PERSPEKTIF HUKUM INDONESIA

2024-06-30T11:32:38+07:00

This article examines the changes in business contract obligations from a legal perspective in Indonesia. As a key component of business contracts, obligations have undergone various transformations due to regulatory developments, economic shifts, and technological advancements. This research aims to evaluate the impact of regulatory changes on the evolution of obligations and identify the factors influencing the dynamics of obligations in business contracts in Indonesia. Using a normative juridical analysis method, the article explores the application of legal principles of obligations in business practices in Indonesia. Additionally, this research addresses the legal challenges that arise in the execution of business contracts and compares the development of obligations in Indonesia with several other countries. The findings of this study reveal that adaptation to new regulations and technological innovation are crucial factors in the development of business contract obligations in Indonesia.

KAJIAN HUKUM PERIKATAN SEBAGAI ALAT PERLINDUNGAN BAGI PIHAK DALAM PERJANJIAN BISNIS DI INDONESIA

2024-06-30T11:34:58+07:00

Economic growth of citizens in Indonesia is increasingly growing especially in transactions of sale and sale through electronic media, so that there needs to be some legal protection against consumers linked to the transaction. The aim of this research is to learn about the validity of an electronic transaction in Indonesia and how it is protected by law. This research uses an empirical jurisprudence method, which is a study that uses data from libraries such as legislative regulations, books, legal journals, and scientific works related to this research. There is also the result of this research is that the Preliminary, some validity of the Agreement to protect the parties involved in a broader business agreement, including consumers and producers who are outside the territory of the Republic of Indonesia has been regulated in Article 18 Paragraph (1) of the Consumer Protection Act, as well as the Second, the regulation of the use of information technology and communications in business transactions, including legal protection for the parties concerned in accordance with the legislative regulations of the invitation No. 82 Year 2012 on the maintenance of systems and electronic transaction.