Claim Missing Document
Check
Articles

Found 2 Documents
Search

IMPLEMENTATION OF PANCASILA VALUES IN ALTERNATIVE DISPUTE RESOLUTION IN THE FORM OF NEGOTIATIONS Rohaini, Rohaini; Putri, Ria Wierma; Andini, Pingkan Retno
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3749

Abstract

Courts that accommodate dispute resolution are still not optimal in implementing fair decisions for the parties. Not only has it not created justice, but it has not been able to resolve the dispute quickly. In the end, there was a backlog of cases, so the simple, fast, low-cost justice principle was difficult to realize. Alternative Dispute Resolution is one of the efforts that can be implemented to assist the court in reducing the number of cases piling up, one of which is in the form of negotiations as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In principle, negotiations are concerned with implementing the Principle of Deliberation and Consensus as implied in the Preamble to the 1945 Constitution as stipulated in the Alternative Dispute Resolution Act. The problematic legal issues in its implementation are compiled in this article, analyzing the weaknesses of Negotiation as an Alternative for Resolving Business Law Disputes in Indonesia as well as the context for the Implementation of Pancasila Values. The type of research used is normative juridical with descriptive research type. The results that will be discussed explain the technical weaknesses of Alternative Dispute Resolution through Negotiations, which are generally linked to business law events in Indonesia in applying Pancasila values, especially the values of Humanity and Deliberation to Consensus. This writing concludes that Alternative Dispute Resolution must continue to be pursued in resolving disputes and in minimizing the weaknesses of the process, including opinions are submitted systematically, politely, and creatively, looking for common ground wisely, viewing the other party as family to create a family atmosphere, and accommodating Pancasila values as a guide to implementing written law.
Islamic Perspective In Consumers Protecting Of E-Commerce Transactions In Indonesia Andreas, Ricco; Andini, Pingkan Retno; Rulanda, Sija Putra
IKONOMIKA Vol 4 No 1 (2019)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/febi.v4i1.3898

Abstract

ABSTRACTElectronic transaction mechanism in Indonesia often cause losses to consumers. Consumer protection should be applied in all conditions in transactions,both in conventional and manual transactions.But with the development of the electronic world, the public questions whether electronic transactions held in electronic systems can protect their rights as consumers. How Islamic Law and Government Regulation  No. 82 of 2012 on the Implementation System and Electronic Transactions can be set, and protect the rights of consumers who transact in e-commerce? The method used is the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. Results of the discussion are: e-commerce, can make consumers impressed and interested in buying goods that are marketed. It also became one of the reasons consumers prefer to shop via the Internet. But ignorance of the agreement in e-commerce transactions is as proof of legal agreements often make prospective customers do not dare to carry out a transaction and choose to cancel the transaction because it feels it will be very detrimental and cannot be prosecuted if the business actor defaults or is against the law. So in this paper we will discuss how the laws and regulations relating to ITE can protect the rights of consumers in e-commerce purchases.Keywords: Islamic Perspective,Consumer Protection, E-Commerce Transactions