DiH: Jurnal Ilmu Hukum
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Maintaining Debtors' Rights in Cessie Actions Through Implementing the Principle of Transparency
Full text linkCessie agreements, wherein creditors transfer rights to receivables to another party, are commonplace in the business world. However, under certain circumstances, a cessie agreement can be rendered null and void, leading to legal consequences for the parties involved. This research aims to analyze the legal protection afforded to debtors in the absence of notification regarding cessie actions, particularly in light of the principle of transparency for debtors. The normative legal research employed utilizes a statutory and doctrinal approach. This study found that a cessie agreement executed unilaterally, without the debtor's notification and approval, contravenes the nature of a cessie as stipulated in Article 613 Paragraph (2) of the Civil Code. A cessie agreement requires the approval of all parties involved. Consequently, the failure to fulfill the fourth condition (i.e., an act that contravenes public order and morality) of Article 1320 of the Civil Code renders the cessie agreement null and void. As a result, the receivables remain and cannot be written off, but the original creditor is prohibited from transferring them to new creditors. Debtors should pay close attention to credit agreements with banks, particularly clauses concerning the transfer of receivables via cessie, which must be approved by all parties. Moreover, debtors must understand the legal provisions regarding the submission of lawsuits for unlawful acts if the original and/or new creditors act arbitrarily and cause losses
Clarity of Information and Consumer Consent in the Usage of Personal Data by E-Commerce Platform
Full text linkThe widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard, the existing legal instruments in Indonesia to protect personal data in general has been regulated in Law Number 27 of 2022 concerning Personal Data Protection and Government Regulation of the Republic of Indonesia Number 80 of 2019 concerning Trading Through Electronic Systems (PP 80/2019). The problem is, these regulations do not provide an affirmation regarding the terms and conditions of the format that must be made by e-commerce platforms, thus that they are often made with lengthy and complex legal language which results in the impression that consumers agree to the use of personal data, even though they do not know it. Regarding this problem, the authors provide recommendations for adding provisions to PP 80/2019 which contains a brief, clear, and simple format of terms and conditions that must be made by e-commerce platforms in relation to the use of personal data
Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia
Full text linkThis study comprehensively explores the application of Indonesian positive law in addressing cases of unauthorized land encroachment, specifically focusing on the legal actions taken against individuals who unlawfully occupy land without the owner’s consent. The primary objective of this research is to analyze the legal framework governing land encroachment in Indonesia, as well as to understand the penalties and legal consequences imposed on individuals found guilty of such acts. Employing a normative legal research method, this study conducts an extensive literature review of relevant legal articles, focusing on Law No. 5/1960 and the Indonesian Criminal Code. Three central research questions guide this investigation: first, the legal definition and classification of land encroachment as outlined in Indonesian positive law; second, the scope and nature of criminal sanctions applicable to those found guilty of unauthorized occupation or trespass on another person’s property; and third, the specific mechanisms and processes for law enforcement, including administrative and judicial procedures, used to address and mitigate instances of land encroachment in Indonesia. Through this study, we aim to provide a clearer understanding of how existing legal provisions are enforced to protect landowners' rights and maintain public order in relation to land ownership and use. This research also seeks to contribute to the broader discourse on land rights and legal protections in Indonesia, shedding light on potential areas for policy enhancement to ensure effective legal recourse for land encroachment cases
The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System
Full text linkThe aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung significantly impacts the Indonesian legal system. There are at least two main influences identified. First, the system of laws and regulations in Indonesia has been structured hierarchically since the enactment of the Temporary People's Consultative Assembly Decree No. XX/1966 up to the present day. However, this hierarchy is not absolute, especially concerning the positions of Perppu and People's Consultative Assembly Decrees. Second, there is a recognized mechanism for reviewing legal norms to ensure their validity, whether through judicial review, political review, or executive review. The hierarchical structure of Indonesia's legal system reflects Kelsen's theory, which posits that law consists of interrelated levels of norms. Each level derives its authority from the norm above it, with the basic norm at the apex, serving as the source of legitimacy for the entire legal system. In the Indonesian context, this basic norm can be identified as the UUD NRI 1945, which underpins all subordinate legislation. The review mechanism for legal norms also illustrates the influence of Kelsen's theory. Judicial review, conducted by the Constitutional Court, assesses whether a law aligns with the Constitution. Political review is undertaken by legislative bodies such as the DPR, which can evaluate and amend legislation. Executive review is carried out by executive bodies, such as the President or ministers, who have the authority to adjust or repeal regulations deemed inappropriate
Rethinking Consumer Legal Remedies for Damaged Goods Under Protection Fees on E-Commerce Platforms: The Shopee Case Study
Full text linkOver time, globalization has brought significant advancements in technology, especially in e-commerce. In the past, transactions were carried out offline, but with the advent of e-commerce, transactions can now be done online. One such e-commerce application is Shopee, which originated in Singapore and has expanded to countries such as Indonesia. Shopee has introduced a new feature called protection fees. Protection costs are the costs associated with protecting the buyer in the event of damage, subject to certain terms and conditions. However, the cost of protection has become a concern for consumers because they do not receive the compensation to which they are entitled. The research method used in this study is normative legal research. The results of the study show that legal protection for consumers related to damage claims that are subject to protection fees on the Shopee application can be categorized into two forms: internal legal protection based on agreements and external legal protection based on the Consumer Protection Law and the Insurance Law. Dispute resolution for consumers based on Article 45 of the Consumer Protection Law can be pursued through two methods: non-litigation and litigation. The non-litigation method involves resolving external disputes through the Consumer Dispute Resolution Institution (BPSK) using mediation. If an agreement is not reached, litigation can proceed through legal channels, with consumers filing lawsuits based on breach of contract
Implementation of Minister of Home Affairs Regulation Number 111 of 2014 concerning Technical Guidelines for Village Regulations (Study in Bedahlawak Village, Jombang Regency)
Full text linkVillages have the authority to manage and regulate their own government affairs as recognized by Article 18B paragraph (2) of UUD NRI 1945. As governments that have their own autonomy, villages have the authority to form regulations at the village level. The formation of regulations in villages must be in accordance with Permendagri No.111/2014. However, many village regulation makers still don`t know the guidelines for forming regulations regulated in Permendagri No.111/2014, while village regulations that are not guided by Permendagri No.111/2014 don`t have formal legal force. The aim of this research is to find out the extent of the implementation of Permendagri No.111/2014 in Bedahlawak Village, and the factors that cause Permendagri No.111/2014 not to be implemented in Bedahlawak Village. This research uses empirical research methods with a collaborative research approach. The results of this research are that Permendagri No.111/2014 has not been implemented well in Bedahlawak Village, Jombang Regency. The factors inhibiting the implementation of Permendagri No.111/2014 in Bedahlawak Village, Jombang Regency are the lack of community participation in the process of drafting village regulations, the ignorance of the Village Government and the Village Consultative Body regarding the guidelines for forming regulations regulated in Permendagri No.111/2014, and the lack of training and assistance from the Jombang Regency Government for the Bedahlawak Village Government regarding the formation of regulations at the village level
Lex AI: Solution for Governance of Artificial Intelligence in Indonesia
Full text linkIn the third decade of our century, AI is gradually becoming a part of daily life for people. The development of AI-based innovations in different fields such as navigation assistance software, image processing, and chatbots; and AI-based gear that helps paralyzed individuals regain their ability to walk, are convincing examples of how AI is being utilized more and more in daily life. As it develops, legal issues related to the use of AI may also arise, such as ethical issues, legal justice, due process of law, intellectual property, or personal data security. To mitigate legal problems, developing governance over AI is therefore necessary. This research is normative juridical research using statute and conceptual approaches. The legal analysis technique used is the argumentative analysis technique. The study findings indicate that since AI fundamentally differs from coding programs in that it is a dynamic system consisting of a network of algorithms that mimic biological neural networks, a different approach and governance system are required. This can be referred to as Lex Artificial Intelligence, or simply lex AI. Because of its uniqueness, AI governance cannot exclusively use the standard public or private ordering framework. It is then necessary to present lex AI as the sui generis governance with unique regulatory properties that can be paralleled with other laws as a law that complements those other laws
Risk-Based Licensing Arrangements: Between Convenience and Legal Certainty
Full text linkGovernment through Law No.6/2023 has changed the licensing system which originally used the concept of licensing (license-based) to became risk based (risk based approach). The change in approach was carried out by the government in an effort to simplify licensing considering that the concept of licensing in practice tends to be complicated and hampers the business sector. In setting up a risk-based licensing system, the use of license is only required for businesses with certain risk standards. The change in approach to the licensing system brings convenience, but with the application of uncertain risk standards it will injure legal certainty in society. Therefore, this study will raise issues related to legal certainty in the regulation of risk-based licensing systems. This research was conducted using a normative juridical method using a statute approach and conceptual approach. The result of this study will show that there are problems in legal certainty in risk-based licensing arrangements, so the government could be more careful in implementing the risk-based licensing syste
Characteristics of Illicit Enrichment as a Corruption Crime
Full text linkThe practice of corruption in Indonesia has occurred systematically and widely in the life of society so that corruption can be called an extraordinary crime. In addition, the absence of illicit enrichment as a criminal offense in the corruption eradication law is a serious matter. Considering that Indonesia has ratified the UNCAC, which shows that Indonesia agrees to the provisions contained therein, including illicit enrichment. The purpose of this study is to identify and elucidate the traits that distinguish the crime of illicit enrichment from other forms of corruption. This study uses conceptual, comparative, and legislative methods to examine normative legal issues. The study's findings indicate that there are traits comprising multiple components that identify this illegitimate enrichment as a corrupt act. The court also determines the suspect's assets or money concerning the illicit enrichment crime. The court will evaluate the information submitted and decide if the targeted individual has unlawfully or illegally enriched themselves to establish whether the elements of inappropriate wealth and income have been proven and illicit enrichment has happened. The notable increase in wealth among public officials raises questions about whether they are the owners of assets obtained illegally. In light of this, controlling illicit enrichment is essential to the battle against corruption
Legal Regulations for Fair National Salt Pricing Policy in Indonesia
Full text linkSo far, the problem has been the distribution of the salt harvest, which does not have a fixed price each harvest period. This is because there is no policy that specifically regulates the selling prices of salt farmers and entrepreneurs. Meanwhile, during the harvest period, farmers determine selling prices usually based on the weather and the success of the harvest, while entrepreneurs determine prices by looking at the market. In this case, there will be an imbalance and a point of instability in the salt distribution mechanism. The current salt pricing system is based on unstructured market practices and a lack of regulations that strictly regulate the pricing process. Salt farmers are often forced to rely on middlemen or large entrepreneurs who monopolize access to the salt market. The aim of this research is to provide a comprehensive analysis of the importance of regulations related to setting a fair national salt price for salt farmers. This research uses normative legal research methods with a statutory and conceptual approach. The results of this research are so that salt farmers can easily and easily find out the quality of the salt they produce, the government makes policies related to national salt prices which can improve the quality of human resources and formulate regulations. which will determine salt quality criteria openly and the problems of legal regulation of salt prices in Indonesia, including limited access to capital for banks and financial institutions, effectiveness problems, unclear legal politics, and difficulties in coordinating with other laws and regulations, can be overcome. By revising Law No.7/2016. The conclusion of this research is that formulating policies related to salt production and pricing requires an integrated and comprehensive approach