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Freedom of Contract in Consumer Transactions and Its Effect on Consumer Protection Rusli, Benni
eScience Humanity Journal Vol 4 No 1 (2023): eScience Humanity Journal Volume 4 Number 1 November 2023
Publisher : Asosiasi Ide Bahasa Kepri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37296/esci.v4i1.70

This research aims to reveal the Freedom of Contract in Consumer Transactions and its Influence on Consumer Protection. The application of the principle of freedom of contract in consumer transactions can influence efforts to provide adequate legal protection to consumers, who are often considered to be in a weak position in every transaction carried out with business actors or producers. Freedom of contract in consumer transactions has been adequately regulated and guaranteed in applicable laws and regulations, both in the Consumer Protection Law, the Civil Code and other provisions. Meanwhile, factors that can influence the application of freedom of contract include agreement standards or contract standards used in consumer transactions, actions that support conditions in the process of making agreements/contracts in consumer transactions, the principle of balance in the contents of agreements/contracts in consumer transactions and incompatibility of fair doctrine and inappropriate influence in the preparation of agreements/contracts in consumer transactions. The research method used was a qualitative method with systematic steps and a normative analysis method. The results of this research show 4 main things, namely the Principle of Freedom of Contract in Agreements or Contracts, Consumer Protection, Protection of Consumers in Agreements, and The Implementation of the Principle of Balance in Consumer Transactions.

PERTANGGUNGJAWABAN PERDATA ATAS WANPRESTASI DALAM PERJANJIAN JUAL BELI Fahlevi, Muhammad Eggi; Rusli, Benni; Nazar, Jasman
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1090

An agreement is a legal relationship carried out by two or more parties based on an agreement to give rise to a legal effect. Agreements made together aim to achieve achievements, including in terms of trade carried out, especially in buying and selling transactions. A valid sale and purchase agreement usually cannot be canceled by either party easily without any clear reason. A sale and purchase agreement can only be canceled if there is consent from both parties who entered into the agreement. But in the sale and purchase agreement, not a few of the parties commit violations with various reasons and arguments that tend to justify why they broke the agreement or broke their promise. The agreement was made as a form of agreement between the two parties, to regulate and protect legal relations between private or civil interests. The purpose of this study is to determine civil liability for default in a sale and purchase agreement. The research method is normative juridical. Using qualitative analysis techniques. Conventionally,conventionally, civil liability arises when a party fails to fulfill contractual or non-contractual obligations that have been agreed upon. These obligations may include providing compensations as a result of customer agreements that occur due to their own negligence, the mistakes of other people who are under their responsibility, or losses caused by their negligence.

Penerapan Asas Itikad Baik dalam Perjanjian Pembiayaan Konsumen (Studi pada Perusahaan Pembiayaan di Kota Bukittinggi) Rusli, Benni
Pagaruyuang Law Journal Volume 3 Nomor 1, Juli 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v3i1.1735

This study discusses the aplitation of good faith in the process to make agreements, and barriers to what is found in its applications and any effort taken to overcome barriers to the application of in good faith. This study uses sociology juridical approach, with methods of collecting data such as; documents, deed of consumer financing agreement, interviews with informants, the data were analyzed qualitatively that by connecting with legislation, jurisprudence and expert opinion. The Research found that applying the principle of good faith has not been fully carried out by a Creditor that is in the sense of subjective, honesty to not conceal material facts and the obligation to explain material facts to prospective debito and debofors were also not in good faith the obligations in the form carefully examine the material facts in financing agreement, barriers found in the form of briet negotiation process until the signing of the agreement, the procedures prescribed consumer finance. Companies limit the opportunity to understand the facts material to the maximum. The lack of consumer willingness to question the material facts that will be agreed.

Fulfillment of the Rights of Honorary Teachers in View of the Employment Law (Case Study at the Asy-Syarif Sidang Koto Laweh Islamic Boarding School) Hakim, Ahmad Rais; Rusli, Benni; Irianto, Kartika Dewi
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.976

The aim of the Preamble to the 1945 Constitution of the Republic of Indonesia is to make the nation's life more intelligent through education provided by the government and private foundations. In private foundations there are two honorary staff, namely government honorary teachers (PKWT) and foundation honorary teachers who are the focus of researchers, namely bald book teachers. Regarding the government's honorary rights, they are given based on the PKWT law, while the foundation's honorary rights are given by the Foundation in accordance with the labor law on labor, because bald book teachers who are appointed by the foundation are subject to labor law. The method in this research uses field research methods carried out at the Asy-Syarif Sidang Koto Laweh Islamic Boarding School. The results of research that took place in the field were that the rights of honorary foundation teachers (gubar bald teachers) had not been fulfilled in accordance with the labor law regarding workers in articles 86 concerning legal protection, 89 and 90 concerning labor wages. Because the wages given are far from the regional minimum wage, in order to meet the welfare of living, bald book teachers have to look for side jobs to make ends meet, the government should be quick to catch up to resolve this problem because the labor law regarding workers has not been implemented.

KEWENANGAN KEPALA SPBT TNI DALAM PENGELOLAAN DAN PENGAWASAN BBM DI LINGKUNGAN TNI Efri, Arif Hidayat; Rusli, Benni
IURIS NOTITIA : JURNAL ILMU HUKUM Vol. 3 No. 1 (2025): April 2025
Publisher : Ninety Media Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69916/iuris.v3i1.238

Penelitian ini membahas tanggung jawab Kepala Stasiun Pengisian Bahan Bakar TNI (SPBT TNI) dalam pengelolaan dan pengawasan bahan bakar minyak (BBM) serta pelumas di lingkungan Tentara Nasional Indonesia (TNI). Kepala SPBT TNI memiliki peran strategis dalam memastikan pengelolaan sarana dan prasarana BMP sesuai dengan standar yang ditetapkan oleh Peraturan Menteri Pertahanan Nomor 8 Tahun 2019. Tanggung jawab ini meliputi pengelolaan sarana dan prasarana, pengawasan operasional, pemeliharaan fasilitas, serta penyusunan laporan dan evaluasi kinerja. Namun, terdapat tantangan dalam hal keterbatasan sumber daya manusia, teknologi, dan masalah teknis yang dapat mempengaruhi kelancaran operasional. Untuk itu, solusi berupa peningkatan kapasitas personel, modernisasi fasilitas, serta kerja sama lintas instansi diperlukan guna memastikan pengelolaan logistik yang efisien dan sesuai dengan regulasi.

PERTANGGUNGJAWABAN PERDATA ATAS WANPRESTASI DALAM PERJANJIAN JUAL BELI Fahlevi, Muhammad Eggi; Rusli, Benni; Nazar, Jasman
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1090

An agreement is a legal relationship carried out by two or more parties based on an agreement to give rise to a legal effect. Agreements made together aim to achieve achievements, including in terms of trade carried out, especially in buying and selling transactions. A valid sale and purchase agreement usually cannot be canceled by either party easily without any clear reason. A sale and purchase agreement can only be canceled if there is consent from both parties who entered into the agreement. But in the sale and purchase agreement, not a few of the parties commit violations with various reasons and arguments that tend to justify why they broke the agreement or broke their promise. The agreement was made as a form of agreement between the two parties, to regulate and protect legal relations between private or civil interests. The purpose of this study is to determine civil liability for default in a sale and purchase agreement. The research method is normative juridical. Using qualitative analysis techniques. Conventionally,conventionally, civil liability arises when a party fails to fulfill contractual or non-contractual obligations that have been agreed upon. These obligations may include providing compensations as a result of customer agreements that occur due to their own negligence, the mistakes of other people who are under their responsibility, or losses caused by their negligence.

Perlindungan Konsumen Terkait Wanprestasi terhadap Bagasi Penumpang yang Hilang oleh Perusahaan Penerbangan Afriadi, Dedi; Rusli, Benni; Mairul, Mairul
Innovative: Journal Of Social Science Research Vol. 4 No. 5 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i5.14646

Protection of consumer rights is very important for both the use of goods and services, one of which is in aviation. Loss or damage to passenger baggage is something that happens quite often in the world of Indonesian aviation. Therefore, the aim of this research is to find out how the law regulates the rights and obligations of both consumers and airlines and what forms of legal protection exist for consumers for losses suffered based on Law no. 8 of 1999 concerning consumer protection, a form of responsibility for airlines based on Law No. 1 of 2009 concerning Aviation. This research uses a normative legal research method using secondary data consisting of primary, secondary and tertiary legal materials and the approach method used is a normative legal approach which focuses the study by viewing law as a complete system encompassing a set of legal principles, norms and norms. legal norms, and legal rules, both written and unwritten, related to consumer protection regarding defaults regarding lost passenger baggage by airline companies. Where the results of the research are that there are differences in the regulations used between consumers and airlines in terms of compensation, airlines are based on PERMENHUB No. 77 of 2011 while consumers are based on the Consumer Protection Law.

Penyelesaian Terhadap Wanprestasi Pengguna Aplikasi Go-Jek Berupa Pembatalan Orderan Sepihak Terhadap Pengemudi (Driver) Go-Food Di Wilayah Kota Payakumbuh Harahap, Ikhyar Rizki; Syuryani, Syuryani; Rusli, Benni
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1202

Gojek Indonesia is a technology company, not a transportation company that provides transportation services. The service features available on the go-jek application are go-food, which is a delivery service provided by go-jek companies to buy and deliver food orders to their users. The large number of consumers who use this application always cancel orders unilaterally which results in default in an agreement. This study discusses the settlement of defaults on the use of the gojek application in the form of unilateral cancellation of orders for gofood drivers in the Payakumbuh City area. This research raises two problems, namely What is the process for the birth of an agreement between gojek drivers and go-jek application users in food ordering activities, What is the settlement of compensation for defaults on gojek application users in the form of unilateral cancellation of orders against go-jek drivers? Food. This study uses the Juridical Empirical method. The data sources used are Primary Data through interview studies and document studies and Secondary Data through primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show how the process of the birth of an agreement between go-jek drivers and go-jek application users in food ordering activities and settlement of compensation for defaults on go-jek application users in the form of unilateral cancellation of orders against go-food drivers. The implementation that occurs for consumers purchasing food and drinks through the online ordering application, as mentioned, does not always go well. There are also actions that can harm other parties in their implementation, especially when ordering food and drinks using an online application, in other words, consumers do not come directly to the places where the food and beverage sellers are concerned. Default means negligence, negligence, default, not fulfilling its obligations in the agreement. Based on the Consumer Protection Act, there are rights and obligations held by business actors.

PENYELESAIAN SENGKETA KEPENGURUSAN KOPERASI PETANI IYO BASAMO Wulan, Sari; Rusli, Benni; Adriaman, Mahlil
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.664

Cooperatives were founded on the principle of kinship, which is the pillar of the nation's economy which is expected to become the strength of the people's economy. Substitution of cooperative management can cause problems where the old management is compared with the new one, such as poor performance or negligence in carrying out their duties. The aim is to find out and understand the dualism settlement in the management of the Iyo Basamo Farmers Cooperative and the considerations of the Panel of Judges in the decision on the Iyo Basamo Farmers Cooperative dispute. This type of research is normative legal research with an approach that is literary, statutory and legal concept analysis. The conclusion and analysis of this study is that there is dualism in management due to the support of many parties who have backgrounds that are classified as important, especially in the government, as well as the cancellation of any decisions previously issued relating to the Iyo Basamo Farmers Cooperative

WANPRESTASI OLEH PERUSAHAAN PIALANG BERJANGKA TERHADAP INVESTOR DALAM TRANSAKSI FOREX MARGIN TRADING PADA BURSA BERJANGKA (Putusan PN SURABAYA Nomor 65/Pdt.G.S/2020/PN Surabaya) Fajri Tobing, Muh Kevin; Rusli, Benni; Suryamizon, Anggun Lestari
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.719

Humans have always traded with other humans around them for various reasons with the barter system. Along with the development of the era and civilization, this barter system was no longer used because it had many weaknesses, so a new payment system was invented, namely using money as a medium of exchange and payment. The payment system using money is also not without weaknesses in its function for transactions with other countries that have different types of currencies. World trade transactions in this era of globalization are closely related to foreign currency trading, which is commonly called currency or foreign exchange (forex). Foreign Exchange stands for forex (foreign exchange) includes two meanings, namely foreign currency and the process of exchanging from one currency to another. Moreover, the customer does not meet face to face and is at risk of default, misuse of the customer's margin. In this writing, the author raises several problems of default. This research is descriptive in nature and aims to obtain a complete description of the legal situation in force in a particular place. Normative juridical law research is the collection of material or research materials aimed at written documents. Sources of data and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. This research uses document studies related to laws and regulations, books and journal judge decisions related to default. The results of this study are important for investors to understand that the legal process can take significant time and costs. In addition, success in suing a futures brokerage company depends on the strength of the evidence it has and also on the legal provisions in force in the local jurisdiction. Therefore, it is important for investors to always be careful in choosing a trusted futures brokerage company, and to ensure that there is a written agreement and adequate protection guarantees before making a forex margin trading transaction. The form of CoFTRA coaching is the provision of training for Futures Trading actors to increase knowledge/expertise in Commodity and Futures Trading. The form of preventive supervision is that CoFTRA conducts field supervision and carries out periodic and/or occasional reports by Futures Brokers regarding their activities on the Futures Exchange and the number and customer data received online, and the implementation of a Single Supervision System for market integrity and trading actors Futures connected online and real time.

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