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All Journal Pagaruyuang Law Journal Collegium Studiosum Journal eScience Humanity Journal IURIS NOTITIA : JURNAL ILMU HUKUM JURMA YUSTISI
Rusli, Benni
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Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
Co-Authors Efri, Arif Hidayat Fahlevi, Muhammad Eggi Hakim, Ahmad Rais Irianto, Kartika Dewi Nazar, Jasman