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Journal : LEGAL BRIEF

Online Dispute Resolution (ODR) as an Alternative to E-Commerce Dispute Settlement in Indonesia Mutiara Nurpadila; Devis Siti Hamzah Marpaung
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

The internet is not only limited to being used as a medium of information that can be accessed into social media, but it also can be used to make valuable trade transactions that have been introduced in Indonesia, which is known as e-commerce. This allows disputes to occur in e-commerce transactions, usually occurring in a conventional relationship. Then if it becomes wider and there are many activities in trade and e-commerce transactions, there will be many disputes about e-commerce that must be resolved. However, by using online media, existing disputes can be resolved properly. If the use of communication and information technology is combined with Alternative Dispute Resolution (ADR). In this study, the researchers discussed how business settlement through Online Dispute Resosulion was implemented in Indonesia. It also provided an understanding of ODR and the law that used as an intermediary in resolving conflicts that occur in the community with internet media which were expected to mix in providing a good conflict resolution. This research was descriptive analytical. It was hoped that this research can be used as a new way of providing facilities to the Indonesian people for those who want to seek legal certainty and resolve disputes using ODR.
Application Of TheTheory Of Utilitarianism In Perllegal Protection For The Provision Of Compensation For Land Rights Holders Declared Abandoned For Development In The Public Interest Devi Siti Hamzah Marpaung Marpaung
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Procurement of land for the development of public interest and the determination of compensation cannot be separated from the issue of relinquishing land rights. This study aims to study and understand the implementation of compensation for land rights holders who are declared abandoned and legal protection for land rights holders who feel disadvantaged in the process of land acquisition for the public interest. In this study the author uses a normative juridical method, using a statutory approach, namely Law no. 5 of 1960 concerning Agrarian Principles and Law no. 2 of 2012 concerning Land Acquisition. The results of this study indicate that the implementation of compensation for land rights holders who have been declared abandoned for the development of public interest is carried out by identifying, researching, warning, and determining abandoned land. land, deliberation. As well as legal protection for land rights holders who feel aggrieved include; has the right to obtain data and information, the right to demand a file of rights or a claim for the determination of the development area/location, has the right to receive fair and fair compensation payments, and has the right to refuse the type and amount of compensation.