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All Journal Supremasi Hukum: Jurnal Kajian Ilmu Hukum Jurnal Hukum dan Pembangunan
Saputra, Sarping
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Forced Marriage in Cultural Practices and Sexual Violence Law Saputra, Sarping; Putri, Ririn Maulina; Fahmia Syihab, Syifa Maulida
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3160

Abstract

This study analyzes criminal law policy regarding forced Marriage disguised as a cultural practice, taking into account current conditions and the legal protection provided by Law Number 12 of 2022 concerning Criminal Law of Sexual Violence (TPKS).  This is a problem in itself, considering that several regions in Indonesia still embrace the culture of forced Marriage. At the same time, on the other hand, many parties say that it violates human rights, while many cultural practices then derogate many human rights.  Then how does the TPKS Law see forced Marriage, which in some regions is legalized by customary laws? To answer this, this study uses a normative legal research methodology through a statutory approach. The collection of legal materials will involve an examination of relevant regulations, which will then be analyzed comprehensively to arrive at conclusions that answer the research questions. This study find that (1) policies regarding forced marriages conducted under the guise of culture have been regulated in the TPKS, thus changing actions that were previously not considered criminal offenses into criminal offenses that can be subject to legal sanctions. (2) Legal protection against forced Marriage under the guise of culture is divided into two forms of protection, namely preventive protection carried out by the central and regional governments and repressive protection in the form of imposing sanctions on perpetrators, accompanied by various additional sanctions and providing rights for victims during the judicial process and afterward.
Analisis Klausula Choice of Forum dalam Kontrak Standar E-Commerce di Indonesia: Kajian Berdasarkan Perspektif Perlindungan Konsumen Saputra, Sarping
Jurnal Hukum & Pembangunan Vol. 55, No. 4
Publisher : UI Scholars Hub

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Abstract

This research discusses choice of forum clauses in standard contracts on the five largest e-commerce platforms in Indonesia, namely Shopee, Tokopedia, Lazada, Bukalapak, and Blibli. The clause stipulates the mechanism and location of dispute resolution that automatically binds consumers when using the platform. In practice, these clauses tend to burden consumers, especially regarding access to fair dispute resolution. This research focuses on the compatibility of the choice of forum clause with the principles of consumer protection regulated in the Consumer Protection Law (UUPK). The results reveal that most e-commerce platforms use exclusive forms of choice of forum clauses, such as Shopee, Lazada, and Bukalapak, while Tokopedia and Blibli adopt non-exclusive forms. Although GCPL does not explicitly prohibit exclusive clauses, their application is considered to violate consumer rights because it complicates access to dispute resolution, which in this case contradicts the principles or principles in consumer protection, including the principles of justice, balance, and legal certainty. These conditions require serious attention, particularly through more stringent regulation of choice of forum clauses in standard contracts. The government is expected to formulate regulations that ensure clauses in standard contracts do not burden consumers, while business actors need to formulate fairer contracts.
Co-Authors Fahmia Syihab, Syifa Maulida Putri, Ririn Maulina