25 research outputs found
“Imperfect Achievement” in Contract of the Government Goods and Service Procurement
No full textContract of Government Goods and Services Procurement is a commercial contract that special characterized because it involves the Government. It is known as ambivalent, because it comes in both private- and public laws. In the implementation of contract has been agreed and signed, given consequence that the parties should be subject to the terms of contract through a clause in the contract. The results showed that the contract cannot be denied in the government goods and service procurement, be valid principles and legal norms of private and public are adjoined applicable. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The legal consequence of tort by goods and services supplier in the form/model of imperfect achievement was the Government suffered a loss categorized as State Loss. The legal consequences for suppliers who do “imperfect achievement” are not just indemnity, but also subject to criminal sanctions even pay a fine for classified as corruption. Keywords: Contract, Imperfect Achievement, Goods and Service, Government, Procuremen
CIVIL RIGHTS OF CUSTOMARY LAW PEOPLE IN THE COASTAL AREA,A REVIEW OF CONSTITUTIONAL RIGHTS
No full textItikad Baik Pelaku Usaha Dalam Transaksi Jual Beli Online
No full textABSTRACT: Good faith is one of the efforts to provide legal protection to consumers in online buying and selling transactions. The research objective to be achieved by the author is how the good faith of business actors forms in online buying and selling transactions. And to find out and analyze how the responsibilities of business actors who do not have good intentions. This research is a problem approach using primary legal materials, tresier legal materials and secondary legal materials. The procedure for collecting legal materials used is library research. The processing and analysis of legal material is carried out using a normative legal research type with a qualitative descriptive method with a description of the problem and analyzing the legal material that has been collected. The results obtained are that the form of good faith in business conduct in online buying and selling transactions is a subjective form of good faith. Business actors are obliged to provide information regarding the goods they trade correctly and honestly as stipulated in Law Number 11 of 2008 Article 28 Paragraph (1) concerning electronic transactions. Therefore, the responsibility of business actors if they commit violations that cause harm to consumers in online buying and selling transactions is the obligation to compensate for losses that have been experienced by consumers in accordance with Law Number 8 of 1999 concerning consumer protection. the process of resolving disputes submitted by consumers can be resolved in two ways, namely by taking the court route or taking the route outside the court. The consumer protection law gives freedom to consumers who feel aggrieved to sue business actors through court but consumers also wish to resolve disputes with business actors through outside the court, so the consumer protection law provides a consumer dispute resolution agency (BPSK) which has the authority to handle consumer-related disputes
Perlindungan Hukum Dalam Pengajuan Kredit Secara Digital
No full textIn credit distribution carried out through digital banking services, credit application approval and data verification are processed more quickly than when done conventionally. This raises concerns about legal protection for providing credit or other financing and could result in losses for the bank and also the Debtor Customer if it continues. The purpose of this research is review and discuss whether the digital procedure to acquire credit could provide protection for the parties and the legal procedures to achieve a resolution for the parties involved. The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the prudent principle must be implemented effectively to determine whether the prospective Debtor Customer can be trusted and is able to make payments so that both parties do not experience losses. How quickly the approval of credit applications made through digital banking services shows that the implementation of prudent principles has not been implemented properly when compared to credit applications made conventionally. Legal protection for the parties involved can be implemented by using relevant laws and regulations as a form of preventive legal protection. There is also repressive legal protection in the form of alternative dispute resolution or through civil lawsuits in court
Kedudukan Bezitter Terhadap Objek Warisan
No full textInheritance law is part of marriage law. This relationship occurs because inheritance law regulates how a person's property and wealth will be distributed to the heirs. The inheritance process will refer to the transfer of property from heirs to heirs. The law authorizes the heirs to own the right to inheritance. Inheritance that has no heirs will be under the control of the heritage hall, in the Indonesian Civil Code Material rights, namely, Bezit, Eigendom, and material rights over other people's property, will be exercised by Bezitter after that, where Bezitter who has good faith has the right to acquire ownership of the object. The possession of an inheritance by a Bezitter can occur if the heirs do not exist or are unable to perform their rights and obligations. This refers to the application of the principle of expiration, to study and discuss the right of bezitter to the object of inheritance and to discuss the legal consequences of the object of inheritance that is leased to other parties. The legal research method used in examining this problem is normative juridical, which is based on primary, secondary, and tertiary legal materials, and uses a statute approach and a conceptual approach. The result of this writing explains that Bezitter's position on the control of an inheritance according to Article 1185 can be done if, a Bezitter who has in good faith has managed and cared for an inheritance for a long period of time (verjaring) is allowed to control an inheritance if the heirs are unable to exercise their rights and obligations. Legal protection can be done by implementing relevant laws and regulations as a preventive step in maintaining security and law enforcement
Perlindungan Hukum pada Debitur atas Penarikan Objek Jaminan Fidusia melalui Parate Eksekusi
No full textIntroduction: The arrangement for the execution of fiduciary guarantees as explained in the decision of the Constitutional Court Number 2/PUU-XIX/2021 requires the execution of a fiduciary guarantee certificate which is carried out and applies the same as the execution of court decisions which have permanent legal force.
Purposes of the Research: This study aims to find out how the procedure for withdrawing fiduciary guarantees is through the execution parate, and what forms of legal protection are given to debtors for the withdrawal of fiduciary guarantees through the execution parate.
Methods of the Research: This study uses a normative legal research method, which aims to determine the procedure for withdrawing fiduciary guarantees through the execution parate, and how the form of legal protection is given to debtors for the withdrawal of fiduciary guarantees through the execution parate.
Results Originality of the Research: Legal protection for debtors for the withdrawal of the object of fiduciary security is strengthened through the decision of the Constitutional Court Number 2/PUU-X1X/2021. The decision regulates the existence of an agreement or voluntary surrender of the object of fiduciary security from the debtor to the creditor without any act of unilateral control of the object of guarantee by the creditor. On the other hand, if there is no agreement or voluntary surrender, then new control can be carried out with the knowledge of the cour
Tanggung Jawab Pengangkut Atas Tindakan Pemungutan Tarif Yang Tidak Sesuai Aturan
No full textPublic transportation plays an important role in economic development, to achieve sustainability public transportation requires serious handling. Transportation is said to be important because it is related to the distribution of goods, services and labor, and is the core of urban economic movement. The carrier or owner of public transportation is responsible for the safety of the goods being transported, in accordance with the provisions in Article 438 paragraph (3) of the Commercial Code and the provisions for determining tariffs by the city government in Ambon Mayor Decree Number 347 of 2022 concerning Adjustments to Road Transport Tariffs for Passengers Economy Class in Ambon City. Even though the carrier's responsibilities and provisions related to fare prices have been determined, drivers as carriers are still not responsible for setting fare prices to passengers, in general there is no classification, which should be in accordance with the provisions set by the government. The method used in this research is normative juridical. And uses a statutory approach and a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of this research show that responsibility, as has been explained, is a state of being obliged to bear everything that occurs as a result of a mistake made by someone to another person due to their error or negligence. This also applies to carriers who collect fares not in accordance with the rules set by the government. , by observing several legal provisions in accordance with the laws that have been established, the carrier can be held responsible for acts of collecting fares that do not comply with the rules because the carrier is responsible for any losses experienced by passengers due to errors or negligence committed by the carrier. The legal protection that is obtained is usually an effort to provide a sense of security to passengers. In general, legal protection is realized in various forms, for example through providing compensation and so on. Any passenger who feels they have suffered a loss can sue the carrier
Tanggung Jawab Pelaku Usaha Skincare Atas Tindakan Penjualan Dibawah Harga Pasar
No full textPricing strategy plays an important role in determining a company's position in the market. One example of an act of selling below market price. Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, stipulates that "Business actors are prohibited from supplying goods and/or services by selling at a loss or setting very low prices with the intention of eliminating or ensuring the business of their competitors in the relevant market so that it can result in monopolistic practices and/or unfair business competition". One example of a case is an HM influencer and skincare business actor HBC (Hanum Beauty Care), selling products below market price, where this action is detrimental to resellers. This research is normative juridical using a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials. The results of the study show that HM has good intentions objectively and uses the principle of responsibility based on the element of error. Based on the act of selling below market price carried out by HM, HM can be held accountable along with payment of compensation when the reseller can prove that the action caused him a loss. Dispute resolution is done through mediation as a non-litigation solution that is more flexible and beneficial to all parties. If no agreement is reached, formal legal channels through KPPU or civil lawsuits can be an alternative to uphold healthy business competition
Pemutusan Hubungan Kerja Yang Dilakukan Pelaku Usaha Kepada Tenaga Kerja Melalui Media Online Sesuai Dengan Ketentuan Undang-Undang
No full textABSTRACT: Unilateral termination of employment relations is absolutely not allowed and is very clear, except for certain circumstances that compel the dismissal to be carried out, as stipulated in the "Industrial Relations Dispute Settlement Law". Unilateral layoffs by PT. Ruata's work for the workforce “Mr. VG” via Whatsapp. Mr. VG” did not receive a Decree as an employee of PT. Karya Ruata, and did not sign the Collective Labor Agreement between PT. Ruata's work with the workforce of “Mr. VG”. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. The results showed that the layoffs carried out by PT. Ruata's work to “Mr. VG” through online media (Whatsapp) is not in accordance with the provisions of the law. Article 81 number 43 of the Job Creation Law. PT Karya Ruata is not responsible for the unilateral termination of “Mr. VG” Through Online Media (Whatsapp). The unilateral dismissal action, clearly based on Article 1320 of the Civil Code, does not meet the objective requirements for the implementation of the agreement, namely the causa conditions that are allowed, so that the termination action is null and void by law. As a result of being null and void, the said dismissal by law is deemed to have never happened and therefore “Mr. VG” remains united as an employee of PT. Ruata's work, but until now “Mr. VG” is no longer working for PT. Ruata's work, and there is no settlement according to the provisions of the law
Hak Paten Sebagai Objek Jaminan Fidusia
No full textABSTRACT: After the issuance of Law no. 24 of 2022 concerning the Creative Economy paving the way for the imposition of intellectual property rights as fiduciary guarantees, however, the mechanism and filing of patent rights are not explicitly explained in Law no. 42 of 1999 concerning Fiduciary Guarantees. The purpose of this study is to discover and study the determination of indicators for valuation of patents as objects of fiduciary guarantees and to review the mechanism for filing patents as objects of fiduciary guarantees. The method used in this study is normative juridical with statutory approach (statute approach) and the concept approach (conceptual approach). The legal materials used are primary legal materials, secondary which was analyzed qualitatively. The results of the study show that there are several indicators that can used to determine the value (valuation) of patent rights in the case of filing as fiduciary guarantees, namely the cost-based approach, the market approach (market based approach), and income approach (income based approach). The mechanism for submitting patent rights as objects of fiduciary guarantees is not voluntary specifically regulated in statutory provisions, but referring to Law Number 42 of 1999 concerning Fiduciary Guarantees in conjunction with Government Regulation Number 46 of 2020 regarding the Requirements and Procedures for Registration of Patent Transfers, then it can be done by filing an application for registration of patent transfer, as well as attaching supporting documents in the form of patent documents, copies of the agreement deed, power of attorney especially for applications submitted by proxy, proof of payment of the application fee, proof of payment of the annual fee for a patent, proof of recording of a patent license agreement has been given to other parties, a copy of the fiduciary guarantee certificate, and approval in writing from the fiduciary recipient if the right to a patent is used as the object of fiduciary guarantees, and a copy of the Presidential Regulation regarding the implementation of patents by the government
