Rahayu, Dewi Ayu
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Journal : BHIRAWA LAW JOURNAL

Klausula Baku dalam Kontrak Perdagangan yang dibuat Melalui Sistem Elektronik Prakasya, Anas Rafi; Imron, Ali; Rahayu, Dewi Ayu; Sariwati, Retno; Anggriawan, Ferry
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12956

Abstract

The rapid development of technology has encouraged progress in the trade sector, necessitating the utilisation of electronic system technology to facilitate trade with all consumers from all over the globe. Consequently, business actors have employed electronic trade contracts in their efforts to reach all consumers from all over the world. In order to enhance efficiency, it is not uncommon for business actors to utilise a standard agreement containing standard clauses in conducting trade through electronic systems. The Standard Agreement is not prohibited by law; however, there is a clause that is prohibited by law, namely the Standard Agreement is prohibited from containing an exoneration clause. The purpose of this research is to identify the mechanism for creating electronic commerce contracts and the legal consequences resulting from exoneration clauses in the context of electronic commerce contracts. The research method employed is the Normative Law Research Method with a statute approach and a conceptual approach. The results of the research indicate that the mechanism for forming electronic trade contracts for goods or services, as regulated in PP No. 80 of 2019, begins with advertising, offering, acceptance, confirmation, followed by payment, delivery of goods or services, cancellation and dispute provisions. Furthermore, the legal consequences arising from the exoneration clause are null and void in accordance with what is regulated in Law No. 08 of 1999, namely in Article 18. PMSE Electronic Contract which results in losses to consumers, the standard contract maker can be retrieved to the Minister of Trade or BPSK
Implementasi Pendaftaran Tanah Secara Elektronik di Kabupaten Malang Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Rahayu, Dewi Ayu; Laila, Khotbatul; Gunawan Putri, Annisa Rizkita
Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i2.14675

Abstract

The digitization era in Indonesia has brought about rapid technological advancement, leading to an increase in digital or electronic forms of human activities, particularly in land-related activities. To avoid land disputes, it is essential to ensure legal certainty regarding land rights status. This is achieved through electronic land registration carried out by the National Land Agency (BPN). Article 2 of the Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 outlines the implementation of electronic land registration. This research aims to analyze the implementation of Article 2 of Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 by the National Land Agency (BPN) of Malang Regency and identify the challenges faced by BPN Malang Regency in implementing the regulation. This research employs an empirical legal research method, which examines the effectiveness of law within society. The findings indicate that electronic land registration at the National Land Agency (BPN) of Malang Regency has been gradually progressing, with thirty thousand lands already registered. Challenges encountered include insufficient human resources, a significant portion of the population lacking technological literacy, and concerns regarding cybercrime and electronic certificate forgery.