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All Journal Lex Librum: Jurnal Ilmu Hukum Unes Law Review
Patricia, Tiara
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Restrukturisasi Sistem Fraksi Di DPR RI Guna Mewujudkan Pembangunan Demokrasi Patricia, Tiara; Gunawan, Chyntia; Yudhistira, Dhiwatsani
Lex Librum : Jurnal Ilmu Hukum Vol 10, No 1 (2023): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v10i1.553

Abstract

Abstract In the Indonesian constitution, it is explained that the sovereignty of the Indonesian state is in the hands of the people as stated in Article 1 paragraph (2) of the 1945 Republic of Indonesia Constitution so all actions taken by the state must side with the interests of the people. Indonesia is a country that adheres to a democratic system, which means from the people to the people. Indonesia is a country of law so it has a logical consequence that every state action must have a clear legal basis. The DPR is a legislative institution that represents the interests of the people as explained in Article 20 paragraph (1) of the 1945 Republic of Indonesia Constitution states that: "The DPR holds the power to form laws." So the DPR has the authority to greatly influence the development of democracy and law in Indonesia. However, Article 82 paragraph (1) of Law Number 17 of 2014 concerning the MPR, DPR, DPD and DPRD states that: "Factions are groupings of members based on the configuration of political parties based on the results of general elections." So that the existence of factions in the DPR's organizational structure can result in deviations from the Indonesian constitution because in practice the factions in the DPR only care about their existence in parliament and try to maintain their power and defend the interests of their own party, so it is necessary to restructure the faction system in the DPR which eliminates factions in the DPR's organizational structure and restores them. to its initial function of realizing democratic development. Keywords: Restructuring, Development, Democracy, DPR RI Faction
Perlindungan Hukum Terhadap Konsumen dalam Penggunaan Kontrak Elektronik dengan Klausula Eksonerasi pada E-Commerce Patricia, Tiara; Adam, Richard C.
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1342

Abstract

The current development of digital technology has significantly influenced the way humans conduct transactions in their daily lives, including in commercial activities or buying and selling. This research is conducted to analyze legal issues concerning legal protection for consumers bound by electronic contracts with exoneration clauses. The research method employed is normative or doctrinal. The government has ensured consumer protection by establishing legal provisions through Law Number 8 of 1999, which regulates the prohibition of including exoneration clauses by business entities. Consequently, businesses that include exoneration clauses can be sentenced to criminal law. However, in practice, law enforcement in consumer protection has not been as effective as it should be due to the presence of business entities, specifically e-commerce, that include exoneration clauses in standardized electronic contracts. Furthermore, based on the case of Angga Saputra Ariyanto, e-commerce as a business entity fail to fulfill their obligation to provide compensation. Therefore, it is necessary to address this issue through government oversight of standard clauses that involve the transfer of responsibility.
Co-Authors Adam, Richard C. Gunawan, Chyntia Yudhistira, Dhiwatsani