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All Journal DE LEGA LATA: Jurnal Ilmu Hukum JHR (Jurnal Hukum Replik) NOMOI Law Review
Nainggolan, Ibrahim
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Law, Crime, Criminology & Criminal Justice

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Legal Responsibility of Travel Services for Consumer Losses Nainggolan, Ibrahim; Rahimah, Rahimah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19770

Abstract

Organizing travel between the travel agency and its consumers, namely service users, has a legal relationship that creates responsibilities, rights and obligations between the parties. This human relationship in Islam is known as muamalah. One thing that people often do is an agreement. In Arabic, an agreement is 'uquud' which means a (recorded) contract agreement. Legal consequences will arise if business actors do not carry out their obligations properly and consumers will complain if the results received are not in accordance with the agreement at the time of the sale and purchase transaction that was carried out. In a contract or agreement, if the business actor can fulfill his obligations well then the business actor has made an achievement, but if the business actor has been negligent and cannot fulfill his obligations well then a default will arise. Apart from that, business actors or in this case travel agencies can also be subject to criminal penalties, Article 61 UUPK "criminal prosecution can be carried out against business actors and their management". It is also stated in Article 62 "Paragraph (1) Business actors who violate the provisions as intended in Article 8, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a, letter b, letter c, letter e, paragraph (2) and Article 18 shall be punished with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). Paragraph (2) Business actors who violate the provisions as intended in Article 11, Article 12, Article 13 paragraph (1), Article 14, Article 16, and Article 17 paragraph (1) letters d and letter f shall be sentenced to imprisonment for a maximum of 2 (two) ) years or a maximum fine of IDR 500,000,000.00 (five hundred million rupiah)
Providing Health Services For The Public in Hospitals Based on A Justice Theory Perspective Nainggolan, Ibrahim; Koto, Ismail; Koto, Zulkarnain
JHR (Jurnal Hukum Replik) Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10810

Abstract

In the rapidly evolving field of medicine, the role of hospitals is crucial in promoting community health. The progress and setbacks of hospitals hinge significantly on the success of the individuals working within them, including doctors, nurses, and other staff. Aristotle's theory of justice, asserting that justice is not only a general virtue but also a specific moral virtue related to human conduct in particular fields, becomes pertinent in the healthcare domain. This theory revolves around establishing positive relationships among individuals and maintaining a balance between two parties. The measure of this balance involves both numerical and proportional equality, as Aristotle conceives justice in terms of equality. Numerical equality dictates that every individual is regarded as equal in a unified unit, such as the equality of all individuals before the law. Proportional equality, on the other hand, involves giving each person what is rightfully theirs based on their abilities and achievements. The application of Aristotle's theory of justice in the healthcare services for the Indonesian populace is evident in the various government-initiated healthcare assurance programs like the Workers' Social Security, Askes, and the Social Security Administration Body. This endeavor aims to ensure that the entire spectrum of society receives equal healthcare services, as it is considered the inherent rights of citizens and the community.
ENFORCEMENT OF LAW ON CONSUMER PROTECTION TO INCREASE THE VALUE OF JUSTICE Nainggolan, Ibrahim; Koto, Ismail; Simatupang, Rajarif Syah Akbar
NOMOI Law Review Vol 4, No 2 (2023): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17398

Abstract

The problems faced by society are not only related to the choice of goods, but are much more complex and involve the perception of all parties, both business actors and consumers, regarding the importance of consumer protection. Consumer protection law or consumer law can be understood as all legal provisions that regulate the rights and obligations of consumers and producers arising from efforts to fulfill their needs. The word comprehensive is intended to describe that it covers all differences in law according to its type. This research is normative legal research, namely legal research that places law as a building system of norms. Normative legal research is law that is conceptualized in terms of norms or rules that apply in society. In regulating consumer protection legal regulations in fulfilling the value of justice in Indonesia today optimally and providing opportunities for consumers and economic actors to achieve their rights and fulfill their obligations equally.
Authority of the Commercial Court in Settling Trademark Rights Disputes Koto, Ismail; Nainggolan, Ibrahim; Rahimah, Rahimah
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.14447

Abstract

Trademark rights are regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. According to Law No. 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system, in other words, to obtain legal protection for trademark rights, the trademark must be registered by its owner with the Trademark Directorate and after being officially registered in the name of the owner, a trademark certificate will be issued. Law No. 20 of 2016 concerning Trademarks and Geographical Indications, specifically in Article 21 paragraph (1) letters b and c, Article 83 paragraph (2), and reinforced by the Explanation of Article 21 paragraph (1) letter b, Explanation of Article 76 paragraph (2), and Explanation of Article 83 paragraph (2). Indonesia adopts a Trademark registration system with a constitutive system. This system requires trademark registration so that a trademark can receive protection, this system is also known as the first to file system. The applicable procedural law in the process of filing a dispute in the field of intellectual property rights is the Civil Procedural Law as with the civil procedural law in civil cases handled by the District Court in the general judicial body environment. The process of filing a lawsuit for an intellectual property rights dispute has been regulated through laws and regulations in Indonesia, in accordance with the provisions of the applicable law on each intellectual property right, where the lawsuit is processed through the Commercial Court
Co-Authors Koto, Ismail Koto, Zulkarnain Rahimah Rahimah, Rahimah Rajarif Syah Akbar Simatupang