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Journal : Widya Yuridika

Efektivitas E-Court Sebagai Sarana Penyelesaian Sengketa Di tengah Pandemi Covid-19 Di Indonesia Yusia Agatha Sihite; Devi Siti Hamzah Marpaung
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2495

Abstract

In the era of the industrial revolution 4.0, the process of progressing the digital and computerized era has greatly increased and has affected almost all corners of the world in aspects of human life, where in this case the legal system in the world is also affected by the influence of digitalization. In the legal order affected by this era of digitalization is the practice of law, especially in the area of the judicial environment. Evidence of the digitization process in the judicial world is the introduction of Virtual Civil Courts, where in Indonesia it is known as the E-Court system. The E-court system is a service for registered users where they register online, make payments online, and estimate the payment online, calls are made through electronic channels and technical trials are conducted electronically. Especially in pandemic conditions like this, many countries are experiencing lockdowns that hinder this legal justice system. So that the digitalization system in the pandemic era like this is very beneficial for the ongoing legal justice system that is in force.  During the Covid-19 pandemic, not many know how government regulations in law enforcement through dispute resolution are carried out through the e-court route, where since the Covid-19 pandemic dispute resolution through e-court has increased very significantly. The e-court itself has been regulated in Perma Number 1 of 2019 and (SEMA) Number 1 of 2020, because there are no other regulations governing e-courts, the problem of online trial regulation in Indonesia is almost the same as the American State. This research uses a method of approach that is normative juridical emphasizing the understanding and study of primary legal materials in the form of legal principles.
Mediasi Sebagai Alternatif Penyelesaian Sengketa Dalam Pinjaman Peer To Peer Lending Di Indonesia Nadiya Fitri Fauziah; Devi Siti Hamzah Marpaung
Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v4i2.2408

Abstract

Information and communication technology is increasingly developing. Nothing but also felt by the financial sector. A developing innovation in the financial sector that is being discussed in recent years is Peer To Peer (P2P) Lending. This Peer to Peer service is becoming popular among people around the world as a convenient non-bank financing institution and a better alternative to the banking system for many users. Apart from its sophistication, on the other hand there are also drawbacks. Regulations are needed regarding legal protection for borrowers if they fail to make payments. And it also requires dispute resolution efforts carried out by parties outside the court that are classified as fast and easy. The purpose of this paper is to describe mediation as an alternative dispute resolution in peer to peer lending in Indonesia. This study uses a descriptive analytical research method with the type of normative doctrinal or juridical research. This descriptive-analytic study is intended to describe, analyze, and explain the problems to be studied related to the problem of consumer protection fintech peer to peer lending business activities in Indonesia. The results of the study show that dispute resolution through mediation is considered better than dispute resolution using litigation. Mediation that creates a peace agreement will be a complete solution because the final result does not use the win or lose principle.
Perlindungan Hukum Hak Cipta di Media Sosial: Studi Kasus Pinterest Muhammad Farhan; Grasia Kurniati; Devi Siti Hamzah Marpaung
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2613

Abstract

Legal protection in this very modern era needs further attention, especially to technology that is always developing rapidly. The current era of social media is very diverse, one of which is the social media Pinterest, where social media facilitates various photos contained in it. The media in the form of images must be able to give legal protection to the creators of the works who have exclusive rights in the form of privileges so that they are not misused by others for their commercial interests. The purpose of this study is to find out the legal protection of Pinterest social media and as legal reading material for Pinterest social media users with normative juridical methods for the research method. The result of this study is that the image media contained in Pinterest is copyright protected under Article 40 Paragraph (l) letters f and k of Law Number 28 of 2014 concerning Copyright, where there are sanctions given to copyright violators, namely sanctions in the form of fines at most a lot of 4 billion rupiah.
Penyelesaian Sengketa Tanah yang Belum Bersertifikat melalui Mediasi oleh Badan Pertanahan Nasional Wita Sari Peranginangin; Devi Siti Hamzah Marpaung
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2493

Abstract

Settlement of land disputes can be resolved through litigation or non-litigation. Dispute resolution that is resolved through litigation is very common if the problem or dispute faced is so concrete and needs to be resolved in court. However, it is possible that the problem can also be resolved non-litigation, such as by mediation, arbitration, negotiation, conciliation, or expert judgment. Alternative dispute resolution by mediation is a method that is often used in resolving disputes, especially in land disputes. The existence of a certificate of land rights is something that must be owned at this time as a valid proof of ownership of land rights. However, until now there are still many residents who have not received land rights certificates and are prone to disputes. This study aims to find out how to resolve land disputes that have not been certified and whether these disputes can be carried out using mediation methods at the National Land Agency. Seeing many of the same disputes that often occur in Indonesia. This research refers to normative juridical research which aims to determine the management of mediation in the National Land Agency.
Penegakkan Hukum serta Upaya Penyelesaian Sengketa Online Marketplace melalui Mekanisme Online Dispute Resolution Lusiona Mas Sagala; Devi Siti Hamzah Marpaung
Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v4i2.2414

Abstract

The purpose of this study is to determine the regulation of online buying and selling transactions in the Marketplace and consumer disputes that occur in the Marketplace as well as efforts to resolve consumer disputes through the Online Dispute Resolution Mechanism. This study uses a normative juridical method with two types of legal materials, namely primary legal materials and secondary legal materials. Content analysis is used as a form of technique in analysis so that it does not require data in the field. Through this research, it can be seen that the regulation of online buying and selling transactions in the Marketplace is similar to direct or conventional transactions. Even though there is already a policy regarding online transactions, it cannot completely avoid consumer disputes. Therefore, online settlement efforts are needed, namely through Online Dispute Resolution (ODR) with the negotiation, mediation, and arbitration methods.