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Siregar, Hamdan Azhar
Universitas Islam Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL PROTECTION FOR CONSUMERS IN SHOPEE E-COMMERCE ONLINE BUYING AND SELLING IS REVIEWED FROM LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION Fadhlillah Febrian; Hamdan Azhar Siregar
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 9 (2024): SEPTEMBER
Publisher : Adisam Publisher

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Abstract

Legal protection for consumers in Shopee e-commerce online buying and selling is reviewed from Law No. 8 of 1999 on Consumer Protection. Electronic Commerce or e-commerce is one of the products of the times. This type of business transaction provides convenience and has many advantages compared to conventional or offline transactions. Consumer protection laws provide protection for consumers in Indonesia. Conflicts between business actors are based on unexpected things by consumers beforehand. The weak position of consumers with business actors in conducting online transactions is certainly very detrimental to consumers. Crimes in online media against the purchase and sale of products in the premises are the same as the crime of fraud. Conventional and online buying and selling differ only in the means of action, namely using an Electronic System. The purpose of this study is to find out how the law in Indonesia provides protection to consumers and how efforts are made by the government in developing or updating legal protection for consumers who make transactions through Shopee e-commerce. This study uses normative law research methods. Using a statute approach and a conceptual approach. Law Number 8 of 1999 (UUPK), Law Number 19 of 2016 (ITE Law) and Law as primary law. Secondary legal materials use books containing consumer protection, electronic trading books and utilize journals and articles that can be downloaded through websites available online. The results of this study discuss legal protection for consumers in conducting online transactions from the perspective of Law Number 8 of 1999 concerning Consumer Protection. The online transaction process has a distinctive characteristic where the medium used is the internet so that business actors and consumers do not meet directly. On the one hand, this condition is very beneficial for consumers, because consumers have many options to get the goods they buy, but on the other hand, violations of consumer rights are very risky, therefore legal protection for consumers in online transactions is needed.
Powers of the President as Chief Executive in Determining the Number of State Ministries Based on the 1945 Constitution Mustomi, Otom; Siregar, Hamdan Azhar
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 2 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i2.7628

Abstract

Powers of the President as Chief Executive in Determining the Number of State Ministries According to the 1945 Constitution. With the amendments to the 1945 Constitution, the President and his partner, namely the Vice President, are directly elected by the people. And the pair that gets the most votes will be sworn in as President and Vice President. Thus began a new chapter in a government led by the President and Vice President. In addition to the President being assisted by the Vice President, based on article 17 paragraph (1) of the 1945 Constitution "The President is assisted by state ministers.". Whereas paragraph (2) based on the first amendment to the 1945 Constitution contains "Ministers are appointed and dismissed by the President" which is actually the same as the contents of the 1945 Constitution before the amendment. The only difference is the word "dismissed" with the change to "dismissed." Then in paragraph (3) of the 1945 Constitution before the change, the contents were "Those ministers lead government departments" were changed to "Each minister is in charge of certain affairs in government." That the article meant that only ministers were in charge of certain affairs/certain tasks. In addition, there is the addition of one paragraph to the third amendment to the 1945 Constitution, namely paragraph (4) which contains "The formation, change and dissolution of state ministries is regulated in law." This is intended to form new departments and dissolve departments that need to be regulated by law so that it is not too easy to dissolve them. Based on the addition of paragraph (4) in the third amendment to article 17 LJIJD 1945, the President is limited in terms of how to form, change and dissolve state ministries. If the state ministries are regulated in law, this will limit the prerogative of the President as the head of the executive power in determining the state ministries, where apart from having the right to determine the ministers who lead the departments, the President also has the right to determine the departments
Responsibility of TNI Soldiers Who Commit Lesbian, Gay, Bisexual and Transgender Crimes According to the Military Legal System Yudi Pranoto Atmojo; Hamdan Azhar Siregar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.168

Abstract

Sexual relations do not only occur between different genders, but can also occur between individuals of the same sex. This problem in Indonesia often causes differences of opinion between those who support and those who oppose. It is undeniable that in the military environment there are also deviations in sexual orientation carried out by the perpetrator who is a TNI soldier in the verdict of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020. Finding, analyzing, and explaining the viewpoint of military law on the existence of LGBT in the military environment was the goal of the study. The ruling of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020 clarifies the criminal culpability of TNI soldiers who engage in Lesbian, Gay, Bisexual, and Transgender (LGBT) actions. Legal theory, criminal responsibility theory, and the theory of legal certainty are the frameworks utilized. Normative juridical research is the methodology employed. Based on the findings of this study, the military's official stance on the presence of LGBT individuals in the military has been firmly established by highlighting the ban on LGBT individuals as stated in the TNI Commander's Telegram Letter Number ST/398/2009. As stated in Telegram Letter Number ST/1648/2019 from the TNI Commander, LGBT is one of the behaviors that soldiers are not to engage in since it goes against official orders or is not in line with soldier life norms. Furthermore, it is highlighted in the Supreme Court Circular (SEMA) Number 10 of 2020, in letter D number 1, that disobeying the TNI Commander's Telegram Letter Number ST/398/2009 dated July 22, 2009 and the TNI Commander's Telegram Letter Number ST/1648/2019 dated October 22, 2019, which forbid TNI soldiers from engaging in immoral acts with members of the same sex (Homosexual/Lesbian), can be seen as a violation of official orders under the provisions of Article 103 Paragraph (1) of the Criminal Code. In accordance with the processes or mechanisms for resolving LGBT crimes guided by Law Number 31 of 1997 concerning Military Justice, TNI soldiers found guilty of LGBT acts in the Jakarta Military Court II-08 Number 212-K/PM II-08AD/XI/2020 will face prosecution, sentencing, and criminal penalties in accordance with the specific legal regulations based on Military Criminal Law.
LEGAL PROTECTION OF REGISTERED MARKS IN INDONESIA BASED ON LAW NO. 20 OF 2016 ABOUT BRANDS AND GEOGRAPHICAL INDICATIONS Eddy Syahputra; Hamdan Azhar Siregar
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 3 (2024): MARCH
Publisher : Adisam Publisher

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Abstract

Legal protection of registered trademark rights in Indonesia based on Law No. 20 of 2016 concerning marks and geographical indications. research objectives, To find out the Development of Intellectual Property Rights (IPR) in Indonesia, especially in the field of Brands. To know and analyze the legal protection of trademark rights in Indonesia in the implementation of the TRIPs agreement based on Law No. 20 of 2016. To find out the government's efforts in preventing brand counterfeiting in the implementation of TRIPs approval, the Research Method is to use qualitative research methods that are normative. Research Results If the world of trade is getting more advanced, transparency tools are getting better, and also the number of promotional tools, it makes the marketing area expand, so that this situation adds to how important the meaning of a brand is to distinguish the origin of quality product results. This is to prevent imitation or use of the brand without rights, the law is basically a rule deliberately created by the community in order to achieve an orderly, safe, and peaceful life. Conclusion Brands that have not obtained legal protection regarding the rights to their marks, to obtain legal protection first apply for registration in Indonesia, if it turns out that the registered mark has been registered by another party, then the legal remedy that must be taken is to file a lawsuit for cancellation of the registered mark
Partnership Cooperation Agreement between Cooperatives and Private Companies to Improve the Economic Competitiveness of the Community in Pasir Jambu, Bandung, West Java Hamdan Azhar Siregar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3558

Abstract

The partnership agreement between cooperatives and the private sector in Ciwidey Pasir Jambu, Bandung is very important to improve the competitiveness of cooperatives. In addition, the importance of the agreement is to create certainty of the legal relationship between the parties, therefore the law must be able to encourage the parties to work in order to improve the ability of cooperatives to compete, especially in Pasirjambu. The problems in this study are as follows, how to cooperate in partnership between cooperatives and private companies, what are the obstacles in partnerships between cooperatives and private companies in Pasirjambu. While its use in research is as a contribution to cooperatives and private companies in carrying out development, as well as a contribution to ideas for cooperatives and private companies to look for obstacles in partnerships, while the research method carried out, namely normative jurisprudence, considering that this research is legal research, while data, namely secondary, primary and tertiary data, also field data as support.  In increasing competitiveness in the form of partnerships without definite legal rules, the relationship between the two parties has regressed and uncertain. The implementation of partnerships, based on legal aspects that can provide justice, with the aim of empowering small businesses, cooperatives in national development, namely equal employment and business opportunities, income equality, growing and improving business capabilities, increasing competitiveness, increasing exports, equitable distribution of business ownership and strengthening the structure of the national economy. Through the national business partnership movement, all development actors together renew their determination to mobilize all potentials and strengths to accelerate the growth rate of a just Indonesian nation. Through this movement, the Indonesian nation is prepared to face the challenges and opportunities that open up in free trade
Co-Authors Ahmad Munawir Siregar Ahmad Thamrin Harahap Eddy Syahputra Eka Sutisna Fadhlillah Febrian Farhana Farhana Farhana Farhana Musran, Musran Otom Mustomi Otom Mustomi Otom Mustomi, Otom Ratna Galuh Manika Trisista Siti Miskiah Untoro Untoro Yudi Pranoto Atmojo