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All Journal YUSTISI JHR (Jurnal Hukum Replik) JURMA : Jurnal Program Mahasiswa Kreatif Yustisi: Jurnal Hukum dan Hukum Islam Kanun: Jurnal Ilmu Hukum JURMA YUSTISI Jurnal Legislasi Indonesia Mizan: Journal of Islamic Law
Desty Anggie Mustika
Universitas Ibn Khaldun Bogor
Religion Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : JURMA YUSTISI

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Legal Consequences Of Default In Agreement Sale And Purchase Of Land Rights Hardi, Prima Lestari; Daming, Saharuddin; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.228

Abstract

Law in its purpose to regulate daily life in society has been divided into two parts, namely Private Law, which regulates legal relations between one person and another, and Public Law, which regulates legal relations between legal entities. An engagement is one part of private law, which can be interpreted that in an engagement relationship this involves individual parties who bind themselves to each other which in the future will have legal consequences in the form of rights and obligations that have been mutually agreed upon in the agreement that has been agreed upon by the willing parties. If one of the willing parties does not fulfill his obligations in an agreement, then the party who does not fulfill his obligations is declared to have defaulted so that the other party in the agreement does not get the rights he should get from the fulfillment of that obligation. To know more clearly about the legal consequences of default in Indonesian binding law, the problems raised in this paper are: 1. How is the application of the legal consequences of default in Bogor District Court Decision Number 181/Pdt.G./2020/PN Bgr? 2. How is the legal protection of the rights of the injured party in default in Bogor District Court Decision Number 181/Pdt. G/2020/PN Bgr? The author uses a normative juridical method that uses sources of information.
Parking Retribution At Leuwiliang Terminal Bogor Regency According To Law No. 28 Year 2009 Andika, Dika Dwiputra; Hartini, Sri; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.230

Abstract

This research uses the Normative Juridical method, which concentrates research on secondary data sources (Library Research). In this research, data obtained from the literature and data obtained from the field after being collected are analyzed. In carrying out the supervision of the Bogor Regency Transportation Agency in increasing parking retribution according to Law Number. 28 of 2009 (Study at Leuwiliang Terminal, Bogor Regency). Assisted by the provisions of regional regulations that apply based on legislation and to realize the principle of regional autonomy, namely Bogor Regent Regulation Number 32 of 2021 concerning the Implementation of Motor Vehicle Parking. The obstacles of the Bogor Regency Transportation Agency include geographical factors, human resource factors, factors of holidays and national leave, factors of obedience of parking service users and supervision factors from the Bogor Regency Transportation Agency that are not optimal enough in supervising the parking at Leuwiliang Terminal, Bogor Regency, as a result many of the parking spots do not generate retribution. The efforts of the Bogor Regency Transportation Agency in increasing parking retribution at Leuwiliang Terminal, Bogor Regency, such as routine activities to conduct various evaluation monitoring on the performance of members of the Transportation Agency and also the parking area, collecting data and inventorying parking violations, supervising parking organizers and parking attendants and monitoring the parking area.
Responsibility of Business Actors in regards to Motorbike Transportation as a Public Transportation Based on Applications Yafi Romli, M. Al; Purwaningsih, Prihatini; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.572

Abstract

This journal discusses the responsibilities of businesses operating motorcycle taxis as public transportation using an app-based system. The purpose of this journal is to analyze the legal aspects related to the operation of motorcycle taxis as app-based public transportation and to discuss the obligations of businesses in carrying out operational activities and providing services to users. This research uses a normative juridical research method to analyze and assess the legal aspects related to the operation of motorbike services as app-based public transportation. It also identifies the legal obligations that must be complied with by business operators in operating motorbikes as public transportation. The research findings indicate that the operation of motorbikes as app-based public transportation entails specific obligations and significant responsibilities, particularly regarding security, data confidentiality, and customer protection. Therefore, business operators who operate motorbikes as app-based public transportation have an obligation to ensure that their operational activities comply with applicable regulations and adhere to the obligations established in consumer protection laws. This journal provides recommendations that effective law enforcement and the dissemination of knowledge about the rights and obligations of service users and business operators can help ensure that motorbikes as app-based public transportation provide optimal benefits to society.
The Role Of Specialized Children's Development Institutions For Children In Confence With The Law Jamhari, Muhammad Ari; Hilman, Didi; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.725

Abstract

Children who are sentenced to crime at the Special Child Development Institution (LPKA) have the right to receive coaching, mentoring, supervision, mentoring, education and training, as well as other rights in accordance with the provisions of statutory regulations, the provision of education, skills training, guidance and fulfillment of other rights in accordance with with the provisions of the laws and regulations by LPKA. The problems in this research are: (1) What is the role of Special Child Development Institutions in the Development Process for Criminal Children
Legal Protection Of Consumers On The Act Of Forced Retrieval Motorized Vehicle (Mk Decision Number 57/Puu-Xix/2021 Concerning Affirmation That Leasing Cannot Forcibly Take Vehicle If The Debtor Resists) Gustiani, Hesti; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.726

Abstract

Based on the Constitutional Court's Decision, an alternative has been provided regarding the forced retrieval of vehicles carried out by leasing companies if the debtor objects and resists. Creditors or leasing companies cannot unilaterally execute fiduciary collateral or other forms of security such as vehicles or houses if the debtor objects or defaults. In the Constitutional Court's Decision Number 57/PUU-XIX/2021, it establishes legal provisions for law enforcement authorities to take action against Debt Collectors assigned by the Leasing Company who forcibly retrieve debtors' vehicles. Leasing companies cannot simply conduct forced retrievals from debtors. In Decision Number 57/PUU-XIX/2021, the Court addressed the execution mechanism for withdrawing the creditor's goods that are the object of fiduciary guarantees. The Constitutional Court stated that the Fiduciary Guarantee Certificate does not automatically confer executive authority. Regarding default between the debtor and creditor, based on legal efforts in a lawsuit to establish default, an application for execution must first be submitted to the district court to retrieve the fiduciary collateral. However, companies are allowed to execute without going through the court provided that the debtor's obligation to settle their debt is not used as a reason for engaging in forms of intimidation or terror.
Legal Protection For Customers As Consumers Of Motor Vehicle Insurance Services (Decision Study Number: 24 PK / PDT / 2017) Pangesti, Hayuning Dyah; Ratnawaty, Latifah; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.727

Abstract

Consumers of motor vehicle insurance services are entitled to legal protection under Decision Study Number 24 PK / PDT / 2017. Pangesti Hayuning Dyah NPM 191103011027. In the case that an insurance claim is denied by the insurance company without a good reason, the insured person's legal protection is crucial. This is done to make sure the insurance firm fulfills all of its responsibilities to protect the insured's rights. regarding the procedure for settling insurance claims. In light of the history mentioned above, there are various ways to formulate the problem, specifically: 1) Motor vehicle insurance policies that provide consumer protection. 2) the insurance company's form of liability under Decision Number 24 PK / PDT / 2017 for insurance claims. Normative legal research is the kind of research methodology to be used in order to address the problem formulation. The study's findings include consumer protection policies for auto insurance that are based on the Insurance Law, the Civil Code, and the PK Law. According to decision number 24 PK / Pdt / 2017, the form of insurance liability for motor vehicle insurance claims is, in the meantime, compensating the defendant in accordance with the filed insurance claim
E-Commerce Buy-Purchase Transactions Methods For Resoluting Consumer Disputes Relating To Items That Do Not Comply With The Agreement Bayu Aji, Muhammad Taufan; Purwaningsih, Prihatini; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.728

Abstract

The process for handling customer complaints in online sales and purchases of goods that are not in compliance with such agreements are covered in this script. There are still gaps in the legal protection provided by these laws, although they have been set up to regulate the technical aspects of electronic commerce because parties who break agreements and trade online often cause damage to buyers and sellers in electronic transactions. One of the parties judged that the resolution would still be to their detriment. To the extent to which a law regulates and prosecutors are examined in this study use the normative-legal research design and approaches carried out at the level of horizontal synchronization. Determining Tokopedia's legal liability to users and the legal protection by parties engaged in electronic commerce is the aim of this study. Research findings show how consumers lack knowledge about their protection when making online purchases. Therefore, in the cases covered by these scripts, the buyer has little control and can only file a complaint through Tokopedia's electronic marketplace. In one of the cases covered in this script, a business actor acting as a seller has broken an agreement with a buyer. In fact, business actors acting in the capacity of the seller have acted in the scenario covered by this script against the interests of the buyer, or consumer, in electronic transactions
Juridical Analysis Of The Supreme Court Jurisprudence In Insurance Company Bankruptcy Law Reviewed From Law Number 37 Of 2004 Urrahman, M. Taopiq; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.729

Abstract

This research aims to conduct a juridical analysis of the Supreme Court's jurisprudence in the context of insurance company bankruptcy law regulated by Law Number 37 of 2004. This research explores an in-depth understanding of Supreme Court decisions relating to insurance company bankruptcy cases, with a focus on legal aspects expressed in the jurisprudence. The research method used involves document analysis, especially Supreme Court decisions, as well as a juridical approach to identify and analyze key aspects in the context of insurance company bankruptcy law. It is hoped that the results of this analysis will provide a better understanding of the interpretation of the law by the Supreme Court and its impact on the handling of insurance company bankruptcy cases. It is hoped that the findings from this research can contribute to the development and understanding of insurance company bankruptcy law in Indonesia. Apart from that, this research can also be a basis for further discussion about improving or perfecting legal regulations related to insurance company bankruptcy to ensure the protection of the interests of all parties involved in the bankruptcy process
The Implementation of Electronic Transfer of Freehold Title in Land Sale and Purchase Transaction at Bogor Regency Land Office Khasanah, Khasanah; Bhudiman, Budy; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.967

Abstract

The purpose of this research is to analyze the implementation of the process of electronic transfer of freehold title in land transaction at Bogor Regency Land Office. The main objective of this research is to identify the processes, constraints and benefits associated with the implementation of an electronic transfer of title system in land sale transaction. The research method is a descriptive analytical approach by collecting data through interviews with relevant parties and analyzing documents. The results show that the implementation of electronic transfer of freehold title has made a positive contribution to the process of land transaction, especially in Bogor Regency. It was found that the use of electronic system has improved administrative efficiency, reduced data input errors, and accelerated the processing time of transferring name. Nevertheless, there are still some obstacles related to access to technology. Therefore, the Ministry of Land and Spatial Planning and Bogor Regency Land Office should continue to update the system regularly to speed up the land services. In addition, the process of registering the transfer of rights/reversal of name of certificate is declarative or administrative, not constitutive. This means that the registration of a transfer of title is aimed at giving broader evidentiary powers to third parties in general, but it is not used to establish the validity of the transfer itself. The transfer of rights has occurred since the deed of transfer was signed by the PPAT. This is in contrast to the constitutive function of registration in Western law, where registration creates a new legal situation by determining when the transfer of rights occurs.
Juridical Review Of The Legal Force Of Default Claims In Oral Agreements (Study Of Decision Number 30/Pdt.G/2023/Pn.Pal) Wati, Sulistia; Fajri, Ibrahim; Mustika, Desty Anggie
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.v2i2.972

Abstract

Juridical Review Of The Legal Force Of Default Claims In Oral Agreements (Study Of Decision Number 30/Pdt.G/2023/PN.Pal), Sulistia Wati, NIM: 201103010732. Oral agreement is a phenomenon that often occurs in the daily life of Indonesian society, for example in buying and selling transactions in the market. In small transactions like this, oral agreements are considered to be an easy and efficient choice. The purpose of this study is to determine the extent of the legal force of oral agreements so that they can be used as a basis for judges' consideration in deciding default cases. This research is a normative juridical research that is analytically descriptive. The type of data used is secondary data consisting of primary legal materials and secondary legal materials. The data collection technique used is a literature study, namely by studying a copy of the Palu District Court Decision Number 30/Pdt.G/2023/PN Pal. The decision was regarding a default case between Abdul Rahman as the Plaintiff and Abdul Rahim as the Defendant. Abdul Rahman sued Abdul Rahim on the basis of default against a money lending agreement made orally. In this case the Judge decided that Abdul Rahim was proven to have made a default. The result of this research is that oral agreements have legal force if they can be proven and fulfill the validity of the agreement as stated in Article 1320 of the Civil Code.
Co-Authors Achsan, Robbi Ady Purwoto Al-Afghani, M. Mova Al-Afghany, M. Mova Amiludin Amiludin Andika, Dika Dwiputra Bayu Aji, Muhammad Taufan Budy Bhudiman Darmawan, Ahmad Didi Hilman Dwiastuti, Rukmi Ferrary, Ande Aditya Iman Gustiani, Hesti Hardi, Prima Lestari husna, Mufidatul Ibrahim Fajri Jamhari, Muhammad Ari Khasanah, Khasanah Latifah Ratnawaty Mufidatul Husna Muhyar Nugraha Pangesti, Hayuning Dyah Pebrian, Mahesa Tezar Prihatini Purwaningsih Purwaningsih, Prihatini Ratnawaty, Latifah Saharuddin Daming Sardi, Faras Olvila Setiawan, Ricko Sri Hartini Urrahman, M. Taopiq wati, Sulistia Wella Regina Selviana Yafi Romli, M. Al