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Emi Zulaika
Faculty Of Law, Universitas Jember
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Journal : Awang Long Law Review

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LEGAL PROTECTION OF CONSUMERS DUE TO DEFAULT BY @SELLYALBOEM IN PURCHASING NEO CULTURE TECHNOLOGY (NCT DREAM) ALBUMS Hikmawati, Cahya Agustianing Durrah; Yasa, I Wayan; Zulaika, Emi
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1164

Abstract

The impact of the internet as a result of advances in the development of information technology for consumers has changed consumer behavior to become more critical and selective in determining the products they will choose. A valid agreement will have an achievement. As is known that an agreement is a relationship between two parties, based on which one party is entitled to demand something from the other party, and the other party is obliged to fulfill these demands. In this case, the achievement can be in the form of giving something, doing something, or not doing something. Although an agreement is made with the hope that everything that has been agreed upon can go well, in practice there is often a non-fulfillment of achievement from one of the parties which gives rise to a situation called default. The problem in this thesis is about the form of legal protection for consumers due to default on the purchase of NCT Dream Albums and dispute resolution efforts that can be taken if there is a default on the purchase of NCT Dream Albums. The research method in this thesis consists of a normative juridical research type with a research approach using a statutory approach and a conceptual approach. The source of legal material uses primary legal materials and secondary legal materials. The results of this study indicate that legal protection for consumers due to default by @Sellyalboem in purchasing Neo Culture Technology (NCT Dream) Albums is divided into two. First, internal legal protection is created through an agreement made by each party. The authorities create second, external protection through the formation of laws and regulations aimed at the interests of the injured party. Business actors who make defaults must make compensation. If they do not make compensation, consumers can be able to make settlement efforts using 2 ways, namely, out-of-court dispute resolution (non-litigation path) and dispute resolution in court (litigation path).
SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES Leonide, Cliff Ivan; Khoidin, M.; Zulaika, Emi; Poesoko, Herowati; Suci, Ivida Dewi Amrih
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1166

Abstract

The state guarantees freedom of religion, as well as forming a marriage. Registration of marriages, especially mixed marriages, is regulated in Article 57 of Law no. 16 of 2019 concerning Marriage. This mixed marriage is also related to interfaith marriage which is also a right for Indonesian citizens. The Supreme Court in this case made SEMA No. 2/2023 dated 17 July 2023 concerning Appointments for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs, at point No. 2 explains that "The court did not grant the request for registration of marriages between people of different religions and beliefs." If this SEMA is analyzed it is in conflict with Article 35 letter (a) of Law no. 23 of 2006 in conjunction with Article 50 of Minister of Home Affairs Regulation no. 108/2019. Therefore, the author analyzes the binding strength of SEMA No. 2/2023 dated 17 July 2023 regarding the failure to grant the request for registration of interfaith marriages. Meanwhile, Minister of Home Affairs Regulation no. 108/2019 states that interfaith marriages must be proven, which automatically results in an application being made to the court. This is also related to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration which regulates marriages determined by courts for people of different religions. Therefore, the author analyzes the above problem with the problem, namely the binding force of SEMA No. 2/2023 regarding the judge's decision in the application for registration of interfaith marriages. The method used is normative juridical research, with an analysis of the theory of authority and legal certainty. The approaches used are the conceptual approach, statutory approach and case approach. The conclusion to be reached in this writing has future perspective value and is in accordance with its axiology, namely the aim of law is justice.
THE APPLICATIONS OF DECLARATION DECISIONS ON CIVIL PROCEDURE LAW IN INDONESIA Zulaika, Emi; Erfandy, Noviandy Nur Fadillah Putranti; Hariyani, Iswi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1377

Abstract

Declaratory judgment is one of the decisions that can be given by the court to confirm a pre-existing legal right or situation, and not to provide new recognition or ratification. Declaratory decisions do not require execution because the decision explains the existing situation or the actual situation. The Civil Procedure Law has not fully addressed the problems related to execution that have become complaints from the public, especially regarding the governance and execution procedures that can produce an effective and efficient process. Some of the problems that will be analyzed are whether a declaration decision can be requested for execution and find out the time limit for requesting execution of the declaration decision. Furthermore, the study will explore the broader implications of these legal gaps, such as how they contribute to delays in the resolution of disputes and the challenges faced by parties seeking justice. This lack of clear regulation significantly hinders the smooth enforcement of the judicial process and contributes to unresolved legal disputes. Juridical-normative research results in finding a legal vacuum in the regulation of execution of civil procedural law in Indonesia. In this case, it’s the declaration decision that does not need to be requested for execution, if you want to execute it, you need to file a new lawsuit. However, it should be noted that there is no provision that regulates the period of time when the decision must be executed by the losing party or the time limit for the execution of the execution decision.
LEGAL CONSEQUENCES OF THE REVOCATION OF LAND AND HOUSE GRANTS BY A MOTHER TO HER BIOLOGICAL CHILD UNDER THE COMPILATION OF ISLAMIC LAW Zulaika, Emi; Ali, Moh.; Amien, Laily Firdausi Aulia
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1496

Abstract

This study analyzed the case of grants in decision number 4301 / Pdt.G/2023 / Pa.Jr, which involves a mother who donates all of her property in the form of land and a house to one child without the consent of the other children. A grant is a voluntary transfer of property from one person to another without coercion and generally irrevocable. In this context, however, the grant is canceled because there is no consent from the other heirs who should have the same rights to the property.Revocation of a grant refers to the act of canceling the status of a grant that has previously been granted, which in this case occurs due to a violation of the procedure established in the law. Under Articles 210 and 212 of the compilation of Islamic law, grants made without the consent of all heirs are considered invalid. As a result, the deed of Grant registered in the name of the donee is considered null and void, so the grant is considered an inheritance that must be divided equally among all legal heirs, in accordance with Article 213 of the compilation of Islamic law.This study emphasizes the importance of complying with legal procedures in grants to prevent disputes. The cancellation of this grant also shows the relevance of the need for the consent of all heirs in the grant process so that it does not contradict the provisions of the applicable law.
LEGAL PROTECTION OF CONSUMERS DUE TO DEFAULT BY @SELLYALBOEM IN PURCHASING NEO CULTURE TECHNOLOGY (NCT DREAM) ALBUMS Hikmawati, Cahya Agustianing Durrah; Yasa, I Wayan; Zulaika, Emi
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1164

Abstract

The impact of the internet as a result of advances in the development of information technology for consumers has changed consumer behavior to become more critical and selective in determining the products they will choose. A valid agreement will have an achievement. As is known that an agreement is a relationship between two parties, based on which one party is entitled to demand something from the other party, and the other party is obliged to fulfill these demands. In this case, the achievement can be in the form of giving something, doing something, or not doing something. Although an agreement is made with the hope that everything that has been agreed upon can go well, in practice there is often a non-fulfillment of achievement from one of the parties which gives rise to a situation called default. The problem in this thesis is about the form of legal protection for consumers due to default on the purchase of NCT Dream Albums and dispute resolution efforts that can be taken if there is a default on the purchase of NCT Dream Albums. The research method in this thesis consists of a normative juridical research type with a research approach using a statutory approach and a conceptual approach. The source of legal material uses primary legal materials and secondary legal materials. The results of this study indicate that legal protection for consumers due to default by @Sellyalboem in purchasing Neo Culture Technology (NCT Dream) Albums is divided into two. First, internal legal protection is created through an agreement made by each party. The authorities create second, external protection through the formation of laws and regulations aimed at the interests of the injured party. Business actors who make defaults must make compensation. If they do not make compensation, consumers can be able to make settlement efforts using 2 ways, namely, out-of-court dispute resolution (non-litigation path) and dispute resolution in court (litigation path).
SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES Leonide, Cliff Ivan; Khoidin, M.; Zulaika, Emi; Poesoko, Herowati; Suci, Ivida Dewi Amrih
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1166

Abstract

The state guarantees freedom of religion, as well as forming a marriage. Registration of marriages, especially mixed marriages, is regulated in Article 57 of Law no. 16 of 2019 concerning Marriage. This mixed marriage is also related to interfaith marriage which is also a right for Indonesian citizens. The Supreme Court in this case made SEMA No. 2/2023 dated 17 July 2023 concerning Appointments for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs, at point No. 2 explains that "The court did not grant the request for registration of marriages between people of different religions and beliefs." If this SEMA is analyzed it is in conflict with Article 35 letter (a) of Law no. 23 of 2006 in conjunction with Article 50 of Minister of Home Affairs Regulation no. 108/2019. Therefore, the author analyzes the binding strength of SEMA No. 2/2023 dated 17 July 2023 regarding the failure to grant the request for registration of interfaith marriages. Meanwhile, Minister of Home Affairs Regulation no. 108/2019 states that interfaith marriages must be proven, which automatically results in an application being made to the court. This is also related to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration which regulates marriages determined by courts for people of different religions. Therefore, the author analyzes the above problem with the problem, namely the binding force of SEMA No. 2/2023 regarding the judge's decision in the application for registration of interfaith marriages. The method used is normative juridical research, with an analysis of the theory of authority and legal certainty. The approaches used are the conceptual approach, statutory approach and case approach. The conclusion to be reached in this writing has future perspective value and is in accordance with its axiology, namely the aim of law is justice.
THE APPLICATIONS OF DECLARATION DECISIONS ON CIVIL PROCEDURE LAW IN INDONESIA Zulaika, Emi; Erfandy, Noviandy Nur Fadillah Putranti; Hariyani, Iswi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1377

Abstract

Declaratory judgment is one of the decisions that can be given by the court to confirm a pre-existing legal right or situation, and not to provide new recognition or ratification. Declaratory decisions do not require execution because the decision explains the existing situation or the actual situation. The Civil Procedure Law has not fully addressed the problems related to execution that have become complaints from the public, especially regarding the governance and execution procedures that can produce an effective and efficient process. Some of the problems that will be analyzed are whether a declaration decision can be requested for execution and find out the time limit for requesting execution of the declaration decision. Furthermore, the study will explore the broader implications of these legal gaps, such as how they contribute to delays in the resolution of disputes and the challenges faced by parties seeking justice. This lack of clear regulation significantly hinders the smooth enforcement of the judicial process and contributes to unresolved legal disputes. Juridical-normative research results in finding a legal vacuum in the regulation of execution of civil procedural law in Indonesia. In this case, it’s the declaration decision that does not need to be requested for execution, if you want to execute it, you need to file a new lawsuit. However, it should be noted that there is no provision that regulates the period of time when the decision must be executed by the losing party or the time limit for the execution of the execution decision.
LEGAL CERTAINTY FOR ETAWAKU GOAT MILK TRADEMARK RIGHTS HOLDERS OVER TRADEMARK CANCELLATION SUIT Zulaika, Emi; Susanti, Dyah Ochtorina; Hayfa, Jessenia
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1481

Abstract

Information technology encourages globalization and IPR protection, making brands an important asset to differentiate products or services in business competition. This research aims to analyze the first to file principle in the registration of the Etawaku goat milk brand regarding legal certainty and legal consequences. The first to file principle as regulated in Law Number 20 of 2016 concerning Trademarks provides exclusive rights to the first registrant, without regard to previous use. This created a polemic in the case of a dispute between Imam Subekhi, the initial user of the Etawaku brand since 2012, and Mukit Hendrayatno, the official registrant of the brand in 2021 and 2022. This research uses a juridical-normative method with a statutory and conceptual approach. The research results show that the application of the first to file principle has provided legal certainty to the first registrant, namely Mukit Hedrayatno. As a result of the law, Imam Subekhi lost his rights to the brand even though he had used it previously. To protect its rights, early adopters can file a trademark cancellation lawsuit on the grounds of bad faith. Apart from that, it also has consequences for third parties, namely changes in ownership or brand disputes that can confuse consumers regarding the authenticity of the product and affect loyalty, as well as risk canceling contracts or cooperation with business partners if the trademark cancellation lawsuit is granted. This research emphasizes the importance of trademark registration to avoid future disputes and provides recommendations to DJKI to increase socialization and speed up the brand verification process through the latest technology.
Co-Authors Amien, Laily Firdausi Aulia Balqis, Tazkia Dyah Ochtorina Susanti Erfandy, Noviandy Nur Fadillah Putranti Galuh Puspaningrum Handono, Mardi Hayfa, Jessenia Herowati Poesoko, Herowati Hikmawati, Cahya Agustianing Durrah I Wayan Yasa, I Wayan Ikarini Dani Widiyanti Iswi Hariyani Leonide, Cliff Ivan M. Khoidin, M. Moh. Ali Muhammad Rezka Eki Prabowo Mustikawati, Intan Mukarromah Nuari, Irda Nuzulia Kumala Sari Nuzulia Kumala Sari Prabowo, Muhammad Rezka Eki Pratiwi Puspitho Andini Rama Wisnu Wardana Rania Devayanti Suci, Ivida Dewi Amrih Wahjuni, Edi