Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
Not a member yet
525 research outputs found
Sort by
Wanprestasi Dalam Perjanjian Pembiayaan Konsumen (Studi Putusan Nomor 11/Pdt.G/2022/PN Bkt)
Get PDFActivities between consumers and consumer financing institutions will occur if there is an agreement. In an agreement, an action cannot be separated from a person who cannot fulfill his obligations so that it can be said to have committed a negligence or made a mistake which is called a default. This research discusses Defaults in Consumer Financing Agreements (Decision Study Number 11/Pdt.G/2022/PN BKt). This research raises two problems, namely 1) How is the implementation of the agreement in consumer financing default cases based on the decision of the Bukitinggi District Court Number 11/Pdt.G/2022/PN Bkt? 2) What is the analysis of the judge's considerations in settling default cases in consumer financing agreements based on Bukitinggi District Court decision No. 11/Pdt.G/2022/PN Bkt? This study uses a normative juridical method. The data source used is secondary data, namely data obtained through a literature study with primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out by (normative juridical) by using library research (library research) which is a data collection tool that is not directed directly to research subjects. The data analysis used is a qualitative analysis. The results of the study show how the judge considers the settlement of default cases in consumer financing agreements based on the decision of the Bukitinggi District Court Number 11/Pdt.G/2022/PN Bkt and the legal consequences of engagement from a civil aspect in the occurrence of default for both parties in case Number 11/Pdt .G/2022/PN Bkt.. In this decision the judge decided that PT. Mandiri Tunas Finance who defaulted on CV. Roberto First Works. The judge should have decided based on the Civil Code, to determine whether someone has defaulted based on the provisions of Article 1238 of the Civil Code13. In this case the legal consequence of the engagement from a civil aspect in the occurrence of default for both parties is to punish PT. Mandiri Tunas Finance to pay the costs of the case until the trial has been decided in the amount of Rp. 616,000 (six hundred and sixteen thousand rupiah)
Perlindungan Hukum Terhadap Konsumen Kosmetik Pemutih Wajah “Cream HN” Dalam Transaksi Jual Beli Online Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Get PDFCosmetics are used primarily for women for various purposes such as to make an attractive appearance. One of them is the HN Cream product, which is still a serious problem, which includes products that are not as safe as consumer expectations. As a result of using these products, it causes financial losses and also skin diseases including skin peeling, acne breakouts, and others. This is not in accordance with Law no. 8 of 1999 regarding Consumer Protection. The main problem that the author raises in this study is how the process of applying legal protection to consumers of facial whitening cosmetics Cream HN in online buying and selling transactions according to Law no. 8 of 1999 concerning Consumer Protection and how are the factors inhibiting the implementation of consumer protection for Cream HN cosmetics in online buying and selling transactions. His method applies an empirical juridical approach, and is carried out directly to the place that is the object of his research. Researchers also obtained data through the interview process. His research was obtained from the results of selling Cream HN online. The approach uses a primary approach, which is in the form of data obtained from field studies. The result is that to provide legal protection guarantees regarding consumers, business actors when selling online must be based on Law no. 8 of 1999 regarding consumer protection
Proses Pelaksanaan Pemberian Hak Restitusi Bagi Anak yang Menjadi Korban Tindak Pidana pada Tahap Penyidikan, Penuntutan dan Putusan Pengadilan
Get PDFThe form of protection given to children is not optimal, where the law only provides protection in the form of imposing prison sanctions on perpetrators of crimes, while the fundamental rights of children who are victims of crime have not been taken seriously. The form of protection in question is a form of protection after the occurrence of a crime that has a direct effect on the victim, one of which is the granting of the right of restitution. The granting of the right of restitution is a form of compensation for children who are victims of a crime. qualitative in nature to obtain descriptive results
Kesadaran Hukum Pengusaha UMKM dalam Pendaftaran Merek Dagang di Kemenkumham Kota Jambi
Get PDFTrademarks as part of the intellectual property rights protected by Indonesia, provided that the mark must be registered in advance with the Ministry of Law and Human Rights of the Republic of Indonesia. Trademark rights serve as a differentiator and identity for a business, one of which is micro, small and medium enterprises (MSMEs), but in reality the legal awareness of MSME entrepreneurs is still relatively low. The formulation of the problem in this study are: 1) What is a trademark and what is its importance for micro, small and medium enterprises (MSMEs)? What causes the low interest of MSME entrepreneurs in registering trademarks at the Jambi City Ministry of Law and Human Rights? 3) How are the efforts being made to increase the legal awareness of MSME entrepreneurs in registering? The research method used is empirical juridical with interview techniques. Based on the research that has been done, it can be concluded that there is a correlation between the low legal awareness of MSME entrepreneurs to register trademarks caused by various factors/causes, the biggest one is the the lack legal awareness of MSME entrepreneurs
Implication Extradisi, Mutual Legal Assistance (UNODC) Dikaitkan Teori Pidana, Perjanjian Internasional
Get PDFExtradition agreements based on the international resolution A/RES/45/166 68th Plenary meeting on 14 December 1990 in conjunction with A/RES/52/88 70th Plenary meeting on December 12, 1997 for making extradition treaties and mutual legal assistance internationally.This propose the problem identification as follows: 1. What are the important articles suggested in the extradition treaty and mutual legal assistance related to criminal theory and international treaties. 2. How is the application and implementation of the extradition and mutual legal assistance based on the national and regional especially In Indonesia.This research conducted is analytical descriptive. Here is the research results, as follows: 1.) Important articles suggested in the extradition treaty are the principle of nebis in idem, the principle of multiple crimes and the diplomatic principle and the mutual legal assistance is the principle of agreement, the principle of reciprocity, the principle of equality of crimes, the principle of territoriality and the principle of surrendering the perpetrators of political crimes. 2) The implementation of extradition treaty model and the mutual legal assistance from the national and regional legal aspects. Based on the regional aspect, Indonesia is the most active country in realizing a cooperation within an agreement
Peran Bhabinkamtibmas Menjaga Stabilitas Keamanan dan Ketertiban Masyarakat Desa Taman Agung Lampung Selatan
Get PDFThe National Police is responsible for seeking, preventing, and eliminating any symptoms that may appear and may disrupt security and order in the community. The research method is a normative juridical approach and an empirical approach. And concluded with a deductive way of thinking so that it becomes a general description of the answer to the problem based on the results of the study. The results of the research are the Implementation of Perkap Article 1 paragraph (7) Number 1 of 2021 which has been implemented but has not been effective or has been implemented but has not been implemented optimally, this is due to inadequate facilities and infrastructure and residents do not fully understand the importance of maintaining security. and common order. Inhibiting Factors People who do not fully understand the rules and also facilities and infrastructure that are less supportive, and budget constraints. creating Suggestions that all villagers need to support all programs that have been made by bhabinkamtibmas in security and order in the community, increasing socialization and dialogue between residents and members of bhabinkamtibmas in order to create a good partnership relationship
Peranan Dinas Perdagangan dan Perindustrian dalam Pengawasan Pasar Talang Banjar di Wilayah Kota Jambi
Get PDFThis research aims to find out and understand the role of the Department of Trade and Industry in supervising the Talang Banjar Market in the Jambi City area, the obstacles encountered in supervising the Talang Banjar Market in Jambi City, what efforts have been made to overcome these obstacles. This type of research is empirical juridical. The results of the research are the role of the Trade and Industry Service in supervising the Talang Banjar Market in the Jambi City area, namely by arranging street vendors, controlling street vendors, and coaching street vendors. The obstacle encountered in monitoring the Talang Banjar Market in Jambi City was the presence of individuals protecting traders selling on the side of the road. Efforts made to overcome these obstacles are by implementing sanctions against street vendors in the context of organizing and empowering street vendors in Jambi City. So far, the implementation of sanctions has not been optimal. This is because law enforcement officers are not firm in providing sanctions and the level of legal awareness of the community (street vendors) is still not good. This legal awareness is closely related to the formation of a good legal culture
Implementasi Pembinaan Kepribadian dan Keterampilan terhadap Narapidana pada Lembaga Pemasyarakatan Kelas II A Jambi
Get PDFGuidance of prisoners in Correctional Institutions is an important process in shaping personality as well as providing skills so that the stated coaching goals can be realized. For this reason, these coaching activities need to be carried out optimally according to the pattern of coaching as stipulated in the Decree of the Minister of Justice Number M.02-PK.04.10 of 1990, which includes personality development and skills development. Considering the large number of prisoners who are accommodated in the Jambi Class IIA Institute, this study aims to discuss how the implementation of personality development and skills development for these prisoners and other factors that also influence its implementation. Therefore, this study uses a socio legal research approach. To obtain field data, it was conducted through interviews with several correctional officers respondents who were considered relevant to the problem being studied. From the results of the study, it is known that the implementation of the guidance has not been optimally carried out. In addition to the main factor, the number of prisoners that far exceeds the capacity of the Correctional Institution so that it affects the availability of coaching facilities, it is also influenced by the staff's resource factor, and no less important is the quality of the resources involved in providing materials for some of the coaching activities carried out
Perlindungan Hukum Bagi Pihak Kreditur dalam Perjanjian Jaminan Fidusia
Get PDFWeak legal protection for creditors in fiduciary guarantee agreements, even though guarantees have a very important role in economic activity in providing capital loans from financial institutions, both banks and non-banks in which there are long-term and short-term guarantees which are a form of protection. law in an agreement that can provide a sense of security, comfort for individuals. This study aims to determine legal protection for creditors in fiduciary guarantees in order to create legal certainty by using data collection methods based on laws which are normatively tested by applying existing values or rules given by law enforcement officials for the sake of the achievement of public order which includes elements of protective actions and ways of protecting. And the purpose of the methodology in this paper is to provide data about the situation which can later be analyzed in accordance with existing laws and regulations. For this reason, legal protection for creditors in a fiduciary agreement is born on the registration of the agreement deed. UUJF has tried to provide technical protection for creditors, but it is not implemented explicitly in its implementation system so that the protection is still considered weak because it is not balanced with firmness in the execution of fiduciary guarantees
Sanksi Adat Penyelesaian Kasus Pelecehan Seksual di Desa Kungkai Kabupaten Merangin Jambi
Get PDFThe threat of criminal sanctions in Indonesian state law does not have a major impact on reducing sexual harassment cases. In some places, efforts to sanction cases of sexual harassment using adat law can be another alternative, because of the unique relationship between traditional communities and adat law. This research examines the existence and implementation of adat law sanctions to solve the problem of sexual harassment in Kungkai Village, Merangin, Jambi Province. The type research is field research or empirical juridical research using a legal anthropological approach. The data collection instrument is through observation, interviews with indigenous peoples, and literature review. Adat sanctions for perpetrators of sexual harassment crimes in Kungkai Village are called “utang adat”. This sanction was given by the adat party in Kungkai Village for perpetrators of sexual crimes to pay compensation. The application of Islamic values in the Jambi Malay traditional seloko, adat bersendi syarak, syarak bersendi Kitabullah can be found from the addition of punishment by assessing the marital status of the perpetrator or victim such as the jarimah zina in Islamic criminal law. The existence of adat law has an urgency to maintain community compliance with legal values and norms