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Ferryani Krisnawati
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
Kedudukan Akta Hibah Bagi Anak Angkat Dari Pemberian Harta Orang Tua Angkat (StudiPutusan Nomor: 1637/Pdt.G/2019/Pa.Jp) Nur Indah Utami; Ferryani Krisnawati; Suryati
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.qn6xvg22

Abstract

The purpose of this research is to find out the position of the deed of grant made by a notary which contains grants fromadoptive parents to their adopted children. To achieve this goal the authors use a normative juridical approach. Datasources are secondary data as the main data which includes primary legal materials, secondary legal materials and tertiarylegal materials. The data obtained were analyzed qualitatively. Conclusion: Based on the results of research and discussionregarding the position of the deed of grant made by a Notary for adopted children, normatively, the Deed of Grant Number19/2008 dated 28 April 2008 made before Notary Jhonni M Sianturi, SH is valid and has legal force, because it has fulfilledthe requirements in the grant agreement both formally and materially. The strength of proof of a notarial deed as a meansof proof is the perfect strength of proof, because the privilege of an authentic deed lies in the strength of the proof. Anauthentic deed gives the parties and their heirs or people who have rights from it a perfect proof. An authentic deed has thepower of proof in such a way that it is considered attached to the deed itself, meaning that an authentic deed is bindingevidence because what is written in the deed must be considered true and trusted by the judge. An authentic deed also hasperfect evidentiary strength because it does not require the addition of other evidence, in other words, an authentic deedhas outward, formal and material evidentiary strength in accordance with the provisions under Article 1886 of the CivilCode. A notarial deed as an authentic deed has external, formal and material evidentiary power, if a notary deed is drawnup according to the applicable provisions, then the deed will be binding on the parties as an authentic deed and includes thecourt which must accept the notary deed as perfect evidence
Perlindungan Hukum Para Pihak Dalam Perjanjian Jual Beli Melalui Media Elektronik Dengan Sistem Cash on Delivery suryati; Ferryani Krisnawati; Mahardina Pradnya Paramita
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.f8ds5q27

Abstract

The aim of this research is to examine and analyze legal protection for parties in sales and purchase agreements via electronic media with a cash on delivery system. To achieve this goal, the approach method used is normative juridical. The data source is secondary data as the main data, which consists of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained was then analyzed qualitatively. Conclusion: legal protection for parties in electronic sales and purchase agreements with a cash on delivery system is carried out in a preventive and repressive manner. Preventive legal protection is carried out by carrying out obligations by the parties which will be able to prevent disputes or defaults as regulated in the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Government Regulation Number 80 of 2019 concerning Trading via Electronic Systems, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, and Government Regulation Number 71 of 2016 concerning 2019 concerning Implementation of Electronic Systems and Transactions. Repressive legal protection can be provided by parties by filing a lawsuit against the party who caused the loss through litigation or non-litigation.
Co-Authors Antony Charles Eti Mul Erowati Mahardina Pradnya Paramita Nur Indah Utami suryati Suryati Wiwin Mochtar Wiyono Wiwin Muchtar Wiyono