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Wiwin Mochtar Wiyono
Faculty of Law, Universitas Wijayakusuma , Indonesia

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Analisis Hukum Terhadap Konsep Riba Dalam Transaksi Jual BeliOnline Menggunakan Shopee Pay Later Pada Perspektif KompilasiHukum Ekonomi Syariah Antony Charles; Wiwin Mochtar Wiyono; Ferryani Krisnawati; Eti Mul Erowati
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.jgg2fp19

Abstract

The purpose of this research is to determine the mechanism for using Shopee PayLater in the Shopee applicationand the views of the compilation of sharia economic law on the mechanism of buying and selling contracts usingShopee PayLater. This research uses an empirical normative juridical approach and the type of research uses aqualitative approach which includes the results of online surveys and interviews, with various written informationthat explains the buying and selling mechanism using Shopee PayLater payments in the view of the ShariaEconomic Law Compilation. This data relates to Shopee PayLater service provisions, payment systems, billing anduser statements. The techniques used by the author are direct and online interviews as well as literature study. Theresults of this research are that the requirements for activating Shopee PayLater are that you must have a Shopeeaccount that has been verified by Shopee and must have an ID card to activate it. The payment system is ininstallments 2 times, 3 times, 6 times and 12 times per month. Bill payments can be made via m-banking, ATM,Indomart, Alfamart, or other payments. The use of Shopee PayLater is included in the qardh contract which hasbeen regulated in the Compilation of Sharia Economic Law in article 20 paragraph 36 which explains the meaningof Qard and the articles related to qard in the use of Shopee PayLater, namely in article 606, article 607, article 608,Article 609 and Article 611. According to several legal opinions, Shopee PayLater can be said to be usury when thereis an ziyadah or additional element required in advance by the paylater publisher for its consumers. Included in thetype of debt usury which is prohibited. However, if Shopee PayLater charges additional fees then it is not usury. Aslong as the additional costs are counted as services or ijarah.Keywords: Usury, Online Buying and Selling, Shopee PayLater, Compilation of Sharia Economic Law
Upaya Perlindungan Lingkungan Sebagai Bagian dariPerlindungan Hak Asasi Manusia dalam Perspektif Hukum Positif suryati; Teguh Anindito; Wiwin Mochtar Wiyono; Nurlaeli Sukesti Ariani Nasution
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.rkexr153

Abstract

The issue to be discussed is environmental protection efforts as part of the protection of human rights inIndonesian positive law. This writing uses normative research methods. The results of the analysis show thatthere are several government programs to protect the environment in Indonesia, for example, the NationalAction Plan for Human Rights, and the planting of a million trees. Legal instruments on environmentalprotection as part of the protection of Human Rights, which are based on national law as contained in the1945 Constitution, Law No. 32/2009, and Law No. 39/1999. Then based on international law, it is stated inPrinciple 1 of the Declaration. Stockholm 1972, and its Preamble. However, there is still a lot of damage orenvironmental problems caused by humans. Realizing how important the environment is as part of human rights,the community should be more concerned about protecting and respecting the environment for the sake ofsurvival. In order to minimize environmental problems, in addition to the existing regulations, strictersupervision and enforcement are also needed. Environmental protection in Indonesia needs to be furtherimproved so that the continuity of life is more guaranteed, because the right to a good environment is the right ofevery human being.
Tinjauan Yuridis Terhadap Perlindungan Hukum BagiKonsumen Transaksi Jual Beli Online (Studi Jual BeliOnline Di Bengkel Knalpot Burnout Exhaust) Aldi Ferdiansyah; Eti Mul Erowati; Wiwin Mochtar Wiyono
Wijayakusuma Law Review Vol. 1 No. 1 (2019): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/fc8d1b12

Abstract

To find out how the form of Juridical Review of Legal Protection for Consumers Online Buy and SellTransactions, and to explore various aspects of issues that have been formulated in the formulation ofproblems. To achieve these objectives the author uses a normative juridical approach. The researchspecifications used are descriptive research. The data method is presented in the form of descriptions whichare arranged systematically. The condition of e-commerce on the one hand brings benefits mainly due toefficiency, but on the other hand brings doubt especially to legal issues regarding legal certainty of ConsumerProtection and the validity of business transactions. as stipulated in Article 1 paragraph 1 of Act No. 8 of 1999concerning Consumer Protection which states that "Consumer protection is any effort that guarantees legalcertainty to provide protection to consumers", in transactions that typically use paperbased economy, but intransactions through electronic media it turned into a digital electronic economy the need for special handlingin the eyes of the law itself. Article 1320 of the Civil Code should be based on the legal force owned byconsumers in conducting transactions. In the Electronic Information and Transaction Law Article 5 paragraph1 and 2 which states that "Electronic Information and / or Electronic Documents and / or their printouts arevalid legal evidence. And rather than consumer rights to obtain legal protection and can be a good start forlegal certainty for consumers.
Perjanjian Pengikatan Jual Beli Hak Atas TanahBerdasarkan Akta Notaris Mochamad Amin; Teguh Anindito; Wiwin Mochtar Wiyono
Wijayakusuma Law Review Vol. 1 No. 1 (2019): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/gnrsvy06

Abstract

The purpose of this study was to determine the strength of the sale and purchase agreement deed of land rightsmade by a Notary in the implementation of the deed of sale and purchase of land. To achieve these objectivesthe author uses a normative juridical approach, Research Specifications are legal in nature. The method ofpresenting date is presented in the form of descriptions which are grouped and then arranged systematically.Conclusion: based on the results of the research and discussion shows that the legal strenght of the sale andpurchase rights agreement on land rights made by a Notary in the implementation of the Sale Deed is verystrong, because the deed is anotary deed which is an authentic deed, authorization that cannot beingwithdrawn in the sale and purchase agreement is not included in the absolute power that is prohibited by theMinister of Home Affairs’ Instruction No. 14 of 1982 concerning Prohibition of the Use of Absolute Authoritiesas the Transfer of Right to Land, so that legal status is valid. 
Perlindungan Hukum Terhadap Konsumen TransportasiJasa Ojek Online Imam Syafei Wahid M; Suryati; Wiwin Mochtar Wiyono
Wijayakusuma Law Review Vol. 1 No. 1 (2019): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/n5kecf23

Abstract

To find out the legal reasoning of the judge in deciding the Marriage Dispensation Request in the decisionNumber: 0122 / Pdt.P / 2018 / PA.Pwt, To achieve this goal the author uses a Normative Juridical approach,Research specifications are Normative Data presentation methods are presented in the form of descriptionswhich are grouped and then arranged systematically. Based on the results of the research and discussion in thedecision Number: 0122 / Pdt.P / 2018 / PA.Pwt, it can be seen that the legal basis of judges in providingMarriage Dispensation is based on the reasons the two have long had a relationship, love each other, are veryfamiliar and have engaged even if the applicant's child has been pregnant for 2 months, then it has beenproven that the Petitioner's child is mature enough and mature to settle in. In addition, both of them are single,there is no relationship, not so that there are no barriers to marriage, and the applicant's family and parents ofprospective husbands have blessed the marriage plan. If the request for dispensation is not granted, it is fearedthat things will happen that are not desirable / violate religious norms, and for the good of prospectivechildren who are being conceived by the prospective bride. The provisions and principles of marriage law havebeen fulfilled as stipulated in Article 7 of Law No. 1/1974 Jo Article 15 up to Article 18 and Article 39Compilation of Islamic Law and in line with the Qaidah Fiqhiyah, (which in Indonesian means: "rejectingobedience takes precedence over priority"), which means that preventing evil must first sought before doinggood. 
Co-Authors Aldi Ferdiansyah Antony Charles Emy Handayani Eti Mul Erowati Ferryani Krisnawati Haris Kusumawardana Imam Syafei Wahid M Mochamad Amin Nurlaeli Sukesti Ariani Nasution Suryati suryati Teguh Anindito