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All Journal Jurnal Yuridis International Journal of Environmental, Sustainability, and Social Science Sultan Agung Notary Law Review Milkiyah: Jurnal Hukum Ekonomi Syariah Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia SASI
Parmitasari, Indah
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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HUBUNGAN HUKUM ANTARA PEMILIK KENDARAAN DENGAN PENGELOLA PARKIR Parmitasari, Indah
Jurnal Yuridis Vol 3, No 1 (2016): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2401.054 KB) | DOI: 10.35586/.v3i1.169

Abstract

The use of standard agreements are now widely applied in the business world,including the parking agreement set forth in the form of a parking ticket. Parking ticket in the transition of responsibilities are standard clause which reads as follows: "The management of parking is not responsible for loss or any damage, "The management of parking is not responsible for any loss or damage to the vehicle". The existence of this clause resulted in problems of parking management accountability to the consumer. This raises the issue of research, (1) whether the legal relationship that occurs between park managers and consumers? (2) how the parking management responsibilities to the loss of the vehicle and or property of consumer goods in the parking lot of standard clauses related to the transfer of responsibility for the parking ticket?. This study aims to determine the relationship between the law of what is happening parking managers and consumers in business transactions parking and parking management form of responsibility in case of loss of the vehicle and orproperty of consumer goods in the parking lot is related to the standard clause transition of responsibilities the parking ticket. This research is a normative law with qualitative analysis. The study concluded, legal relationships that occur between parking management and customer care is the relationship agreement goods (vehicles), and parking management shall be responsible for the loss of the vehicle and or property of consumers who parked in the parking area management.
Problems of Implementing Cyber Notary in Notarial Deeds in Indonesia Jamus, Mohammad; Budi, Grimaldi Setia; Sari, Dian Rosita; Parmitasari, Indah
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42422

Abstract

This article reviews the implementation of Cyber Notary in Indonesia. Cyber Notary is a concept that integrates the authority of a Notary with information technology. The use of technology in notarial services in Indonesia has not been optimized. Article 15 paragraph (3) of Law Number 2 of 2014, which amends Law Number 30 of 2004 concerning the Position of Notary, stipulates that Cyber Notary only applies to the certification of transactions between a notary and the relevant party, without covering the authority of a Notary as a whole. A Notary is a public official who has a role in carrying out legal acts in accordance with Law Number 2 of 2014 concerning the Position of Notary. Notaries adapt and follow the changing times to carry out their positions, the goal is for Notaries to be able and able to face global challenges and competition. Cyber Notary can facilitate and accelerate the performance of Notaries in the future. The use of an electronic digital system in Cyber Notary is expected to make better and more effective changes in the world of Notaries. Regarding the authority of Notaries to make deeds electronically, it is clearly an obstacle for Notaries. Despite its problems, Cyber Notary certainly has opportunities that can be used in Indonesia. To improve the quality of public services with technology in the notary field effectively and better, rapid improvements in the quality of technology are needed in this digital era. Therefore, the author recommends the adoption of the Cyber Notary concept in changing notary law. However, Indonesia has not been able to fully adopt this concept due to differences in authority and verification systems between common law countries and civil law systems in Indonesia. In addition, effective regulatory changes are needed in the process of changing notary law because there are still many regulations governing the authority of Notaries.
Incoterms: Reconstructing International Sales Contracts in Harmony with Sharia Economic Law Arif, Junaidi; Parmitasari, Indah; Sutrisno, Nandang
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 1 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i1.1546

Abstract

In global trade, Incoterms play an essential role as a standardised framework that defines the allocation of responsibilities and risks between sellers and buyers. However, from the perspective of Sharia economic law, the application of Incoterms in some instances has the potential to create gharar, which can impact the validity of the agreement. This study aims to analyse the gap between the provisions of Incoterms 2020 and the principles of fiqh muamalah, particularly in terms of responsibility sharing and risk transfer in international sales contracts. This research searched various academic databases, applying pre-established criteria to obtain relevant studies for review. These studies were further strengthened by normative juridical analysis based on jurisprudence literature and Islamic legal doctrines. A discrepancy between the provision of Incoterms 2020 and the principles of fiqh muamalah, especially concerning risk transfer clauses (such as FOB and CIF). This alignment carries the potential to lead gharar into contractual agreements. Ambiguity in the division of responsibilities can create situations conflicting with the core Islamic principles of ‘adl (justice) and shaffafiyyah (transparency). Consequently, there is a compelling need to reform international contractual systems to integrate Sharia principles while still accommodating the practical demands of global trade. The finding of this study provides a basis for formulating a more transparent and fairer contractual framework by integrating Sharia principles so that gharar can be prevented, leading to maṣlaḥah (public welfare) within cross-border transactions.  
Legal Analysis of Cartoon Film Copyright Violations in Free Movie Streaming Services Gelora, Rifqi Ananda; Parmitasari, Indah
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.954

Abstract

Introduction: The bad impact of free movie streaming services is the Author or Copyright Holder does not get royalties for the use of his or her creation as well as moral rights because the name of the Author on the film streaming services is not included as something attached to the Work.Purposes of the Research: The purpose of this study is to figure out whether or not the publication of cinematographic works in the form of cartoons on free movie streaming services is an unlawful act. This study also aims to investigate the efforts to prevent copyright infringement of cartoon films distributed by other parties in free movie streaming services.Methods of the Research: The research method used is normative legal research with a statute legal approach.Results of the Research: The result of this study includes 2 (two) things. This study found that the publication of cartoons in free movie streaming services is an act against the law because it violates Copyright Law which causes harm to the Author or Copyright Holder. Moreover, the results of this study also explain the various efforts to prevent copyright infringement on cartoon films distributed by other parties in free movie streaming services.
Penerapan Asas Iktikad Baik Pada Kontrak Elektronik Jasa Titip Tiket Konser di Media Sosial Rajavi, Zeta Kirana; Parmitasari, Indah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The principle of good faith is an important basis for implementing a contract. This principle aims to provide legal certainty for the parties so that contracts can be carried out fairly and without harming either party. This also applies to concert ticket services on social media. This research aims to examine how the principle of good faith is applied in electronic contracts for concert ticket deposit services on social media? and the legal consequences of not implementing the principle of good faith? This research uses a normative juridical research type, with a conceptual approach, statutory regulations and cases. Data was obtained through library research on primary legal materials, secondary legal materials and tertiary legal materials using descriptive-qualitative analysis methods. The results of this research conclude that the application of the principle of good faith has not been fully implemented in electronic contracts for concert ticket deposit services on social media, both in terms of subjective and objective principles of good faith. Failure to implement the principle of good faith results in defects of will in the agreement made and leads to breach of contract, namely failure to fulfill achievements in the form of concert tickets which are the object of the contract.
Application of the Principle of Consensuality and its Legal Implications In Electronic Contracts at Shopee SUTIYOSO, Bambang; PARMITASARI, Indah
International Journal of Environmental, Sustainability, and Social Science Vol. 4 No. 4 (2023): International Journal of Environmental, Sustainability, and Social Science (Jul
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v4i4.694

Abstract

Abstract This study aims to examine and analyze the application of the principle of consensuality in electronic contracts at Shopee: and how the legal implications of the application of the principle of consensuality in electronic contracts at Shopee. The research method used is normative juridical with a statutory and conceptual approach, using secondary legal data and analyzed with a qualitative descriptive method. The results showed that in electronic contracts at Shopee, the principle of consensualism has been applied. In this case, the electronic contract is carried out by means of a click-wrap agreement, namely to determine the agreement in the e-contract is when the party receiving the offer "clicks" on the agreement section. E-contract in Shopee can be said to be an agreement between computer users (users) in interacting with producers or electronic service providers. The application of the principle of consensuality in electronic contracts at Shopee, raises several legal implications, namely: 1) the existence of consensualism gives birth to an electronic contract; 2) the enactment of the principle of Pacta Sun Servanda, meaning that the agreed electronic contract is fully binding and therefore must be obeyed; 3) and for the transfer of rights, consensualism must be followed by a material contract (zakelijke overeenkomst), with the concrete form of this material contract being the act of delivery (levering) of the object in question from the seller's hands to the buyer's hands. Keywords: Application, Consensuality Principle, Electronic Contract, Shope
Co-Authors Arif, Junaidi Bambang Sutiyoso Budi, Grimaldi Setia Gelora, Rifqi Ananda Jamus, Mohammad Nandang Sutrisno Rajavi, Zeta Kirana Sari, Dian Rosita