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All Journal Rechtsidee Perspektif : Kajian Masalah Hukum dan Pembangunan Pembaharuan Hukum International Journal of Law Reconstruction JUSTITIA JURNAL HUKUM Jurnal Ilmiah Universitas Batanghari Jambi AL-HUKAMA´ Jurnal Panorama Hukum Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Nagari Law Review Unes Law Review Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Notaire JIIP (Jurnal Ilmiah Ilmu Pendidikan) Jurnal Abdi Masyarakat Indonesia Jurnal Impresi Indonesia Yuridika Perspektif Hukum Lex Journal : Kajian Hukum dan Keadilan Jurnal Hukum & Pembangunan Jurnal Penelitian Pendidikan Indonesia Al-Hukama: The Indonesian Journal of Islamic Family Law Clinical Practices and Hospital Management
Zahry Vandawati Chumaida
Fakultas Hukum Univeristas Airlangga
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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KEBIJAKAN PENANGANAN PELAYANAN KESEHATAN DI MASA PANDEMI COVID-19 Chumaida, Zahry Vandawati; Ariadi S, Bambang Sugeng; Raden Roro, Fiska Silvia
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (737.852 KB) | DOI: 10.25139/lex.v5i2.4577

Abstract

The Covid-19 pandemic in Indonesia has occurred for 2 years and has become a difficult task for health services. People who are infected, with the number of infections in Indonesia continuing to soar. This condition requires health service facilities and health workers to extra work to provide treatment for Covid-19 patients as a top priority. Healthcare facilities are starting to be selective in providing health services. The formulation of the problem raised is the problem with health services for the community and how the role of BPJS Health and the government in handling health services. The research method used is normative juridical, namely by analyzing the laws and regulations in force in Indonesia, using a conceptual approach, and legislation. The conclusion of this research is rules and regulations are needed to deal with cases, namely the Regulation of the Minister of Health of the Republic of Indonesia Number 19 of 2021 concerning the Second Amendment to the Regulation of the Minister of Health Number 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the Pandemic. Keywords: Policy, health services, Covid-19 pandemic
Perlindungan Hukum Bagi Para Nasabah Asuransi Pasca Terbentuknya Lembaga Penjamin Polis (LPP) Malie, Adi Muliawansyah; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11068

Abstract

This research aims to determine the legal certainty of the role of insurance supervisory institutions and the form of legal protection for insurance customers after the formation of the Policy Guarantee Institution (LPP). This has become urgent, considering that recently there have been many cases of failure to pay insurance claims to customers. This research method is normative, with an approach to statutory regulations and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The method for collecting legal materials is carried out through literature study with the analysis method using analytical descriptive and systematic interpretation. The research results found that legal certainty regarding the role of insurance supervisory institutions is inherent in the Financial Services Authority (OJK) with its juridical basis being Law Number 21 of 2011 concerning the Financial Services Authority and Law Number 40 of 2014 concerning Insurance. OJK plays a role in risk mitigation and legal protection. The form of legal protection is preventive (prevention) and repressive (control). The policy guarantor is the authority of the Deposit Insurance Corporation (LPS). However, it is known that the minimum and maximum nominal limits of the policy guarantee that will be guaranteed are not regulated, thus indicating that legal certainty as well as legal protection for insurance customers has not been realized as it should be.
The Problematics of Simple Lawsuit Implementation To Reduce Civil Cases In Supreme Court Sugeng, Bambang; Vandawati Ch., Zahry
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 10 No. 1 (2020): Juni
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2020.10.1.171-194

Abstract

This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to aanalyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs). [Penelitian ini bertujuan untuk menganalisis pelaksanaan penyelesaian gugatan sederhana yang dapat digunakan untuk mengurangi penumpukan perkara perdata di Mahkamah Agung, serta menganalisis kendala dan kendala dalam penerapan penyelesaian gugatan sederhana guna mengurangi penumpukan perkara perdata. kasus perdata dan menganalisis kendala dan hambatan dalam penerapan penyelesaian gugatan sederhana untuk mengurangi penumpukan kasus perdata. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan statuta dan pendekatan konseptual. Hasil penelitian ini menunjukkan bahwa penerapan mekanisme gugatan sederhana dalam proses peradilan dapat sangat membantu warga negara untuk menyelesaikan perkara perdata di pengadilan negara dengan proses yang cepat, sistem yang sederhana dan biaya yang murah. Dalam rangka penerapan mekanisme gugatan sederhana di pengadilan. Dalam proses persidangan terdapat beberapa kendala dan belum dimanfaatkan secara maksimal di masyarakat, antara lain, batas minimal nilai klaim materiil paling banyak Rp. 200.000.000.00 (dua ratus juta rupiah).]  
Review the principle of trust in the marketing of investment-linked insurance products (PAYDI) in bancassurance Hutomo, Cindy Indudewi; Hernoko, Agus Yudha; Usanti, Trisadini Prasastinah; Chumaida, Zahry Vandawati
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 10, No 4 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020243239

Abstract

Trust is an essential element in the realm of investment. This study examines two legal issues in Bancassurance's PAYDI marketing. This study employs normative legal research, a systematic scientific approach used to address legal concerns that result from regulation. The utilized data consists of secondary sources, including statutes, judicial rulings, legal doctrines, and scholarly viewpoints. This study suggests that it is important to examine the teleological contractual relationship between the parties involved, particularly those that place importance on the social and moral components of the contract's goal. The collaboration between PAYDI and life insurance firms in implementing bancassurance marketing strategies with distribution business models is essential.
Liability of Freight Forwarding Companies for Losses on Delivery of Fishery Products Due to Container Shortage Effects Kamaluddin, Muhammad Aqil; Chumaida, Zahry Vandawati
Media Iuris Vol. 8 No. 1 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i1.55052

Abstract

Nowadays various types of transportation are also used in the context of Indonesia’s development, one of which is the sea transportation service business or better known as freight forwarding. However, there has been a decline in export products which cannot be separated from the impact of containers shortage. Previously, the impact of container shortages often occurred, but only for a short time. However, a long-term containers shortage only occurred when the COVID-19 pandemic emerged. With the effects of a shortage of containers, this was exacerbated by other problems such as limited space on logistics carriers which can affect the domestic logistics distribution supply chain. This research uses a normative legal research approach with the results indicating that the party responsible in cases of losses due to containers shortage is the freight forwarding company and the legal consequence of a transportation agreement that is affected by containers shortage is that as long as the carrier has agreed to the transportation agreement, the freight forwarding company must ensure that containers are available according to the transportation agreement. The reason for the shortage of containers can be used as a justification for the carrier’s actions but not in the long term.
THE POSITION OF THE CONSUMER DISPUTE SETTLEMENT BODY IN THE EFFORT TO SUBMIT A CONSUMER DISPUTE OBJECTION Wibowo, Veronica Cynthia; Subagyono, Bambang Sugeng Ariadi; Chumaida, Zahry Vandawati
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33307

Abstract

The purpose of this study is to analyse PERMA No. 1 of 2006 which is a guideline for the District Court as well as consumers and business actors regarding the procedure for filing objections to decisions of the Consumer Dispute Resolution Agency (BPSK) which had not previously been regulated in the UUPK Law. One of the things that is regulated in PERMA No. 1 of 2006 through Article 3 paragraph (3) is that the Consumer Dispute Resolution Body is not a party to the filing of objections to consumer disputes. Article 3 paragraph (3) of PERMA No. 1 Of 2006 contains new norms that were not previously regulated by the UUPK. This research discusses the ratio legis of BPSK not being a party in the objection of consumer disputes and how the legal consequences of BPSK as a Respondent in the objection of consumer disputes. This research is a doctrinal legal research that uses statute approach and conceptual approach. The results of the analysis of the writing of Article 3 paragraph (3) of PERMA No. 1 Of 2006 as a form of affirmation that BPSK is not a party, but an institution that has the duty and authority to handle and resolve consumer disputes. The existence of Article 3 paragraph (3) of PERMA 1/2006 gives legal consequences that if BPSK is included as a party to the objection, the District Court will give a decision that the lawsuit cannot be accepted. Although there are differences in the regulations in UUPK and PERMA 1/2006, with the existence of the AAPS Law, if there are problems related to arbitration at BPSK, the legal rules used are special rules, namely UUPK and its derivative rules including PERMA 1/2006.
Redefining Privity of Contract: The Untapped Rights of Consumers in Goods Delivery Agreements: Mendefinisikan Ulang Privity of Contract: Hak-hak Konsumen yang Belum Tersentuh dalam Perjanjian Pengiriman Barang Qois, Ghozi Naufal; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.980

Abstract

This study critically analyses the entrenched concept of the privity of contract doctrine within the context of goods delivery agreements and its impact on the final consumer, specifically focusing on issues of delayed delivery and consequential losses. Adopting normative legal research methodologies, it employs statutory, conceptual, and case-based approaches to dissect this complex consumer protection issue. The research reveals that while the privity of contract paradigm posits rights and obligations as exclusive to the contracting parties, the final consumer, as the recipient of goods, possesses legal standing in cases of delivery negligence or incurred losses. The study also highlights the consumer's right to delivery in accordance with the agreed terms, even when not a primary party in the agreement, as long as the goods are not for resale. The paper concludes by emphasizing the critical role of judges in assessing immaterial losses based on the principle of ex aequo et bono, thus underscoring a shift towards a caveat vendor approach in consumer law, with significant implications for both business actors and global consumer protection frameworks. Highlights: The concept of privity of contract is not absolute in goods delivery agreements, and the final consumer can possess legal standing in cases of delivery negligence or incurred losses. The recipient of goods, even when not a primary party in the agreement, maintains the right to delivery in accordance with the agreed terms, provided the goods are not intended for resale. Judges play a pivotal role in quantifying immaterial losses, underlining the shift towards a caveat vendor approach in consumer law. Keywords: Privity of Contract, Consumer Protection, Goods Delivery Agreements, Legal Standing, Ex Aequo et Bono.
Legal Protection For Investors of Government Bonds Whose Clauses Do Not Have A Maturity Period Shandietrysno, Adrianus Jeffri; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.14-28.2023

Abstract

The state in running its government needs funds with the aim of national development and maintaining the stability of the country's economy. One of the funds obtained is through debt instruments, both domestic debt and foreign debt. The government avoids foreign debt, thus optimizing domestic debt with consideration so that the public can participate in raising funds for national development. With this goal, the government issued government bonds or better known as Government Bonds (SUN). Government Bonds are securities in the form of debt recognition letters in rupiah and foreign currencies guaranteed by the payment of interest and principal by the Republic of Indonesia, in accordance with the validity period. However, the SUN issued in 1950 by the government, has no perpetual bond. Unlike the SUN issued today, there is a maturity period and guaranteed by interest and principal payers as stipulated in Law Number 24 of 2002 concerning Government Bonds. Meanwhile, the SUN issued in 1950 has no time period, so it does not provide legal certainty and legal protection to holders of the 1950 SUN, even though the SUN was issued by the same government.
Tanggung Gugat Perusahaan Reasuransi Atas Pelanggaran Prinsip Itikad Baik Dalam Pembayaran Klaim Kepada Perusahaan Asuransi Maulida, Talia Alfirna; Chumaida, Zahry Vandawati
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.864

Abstract

Article 1 point 7 of Undang-Undang Nomor 40 Tahun 2014 concerning Insurance explains that the reinsurance business is a reinsurance service business for insurance companies, guarantee companies, or other reinsurance companies for the risks faced by these companies. The implementation of reinsurance is stated in a reinsurance agreement based on the principle of utmost good faith. In practice, the parties often violate the principle of utmost good faith, such as in the case between PT Asuransi Tugu Kresna Pratama and PT Agilent Risk Specialties and PT MAA General Insurance. PT Agilent Risk Specialties and PT MAA General Insurance do not pay claims and fulfil their obligations as reinsurance brokers and reinsurers. There is a violation of the principle of utmost good faith, which should have been the basis of the implementation of the reinsurance agreement. This event forms the basis of this research, namely formulating legal arguments with systematic results regarding legal rules relating to reinsurance company liability for violations of the principle of good faith in paying claims to insurance companies.
A Form of Consumer Protection from Beauty Products that Contain Harmful Chemicals Maghfira, M. Risyah Farras Deka; Subagyono, Bambang Sugeng Ariadi; Chumaida, Zahry Vandawati
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32301

Abstract

The purpose of writing this scientific journal is to understand and know the forms of regulation and legal protection for consumers against dangerous cosmetics that are sold freely by analyzing the responsibility of business actors for the products they market. In the formulation of scientific writing, the research method used is normative law with reference to the analytical and conceptual approach to legislation. Regarding the source of the data used in this study, it comes from primary legal materials sourced from statutory regulations and literature review. From the results of the study it can be concluded that consumers are required to be more careful and careful in consuming a product and item. If consumers have carried out their obligations and feel aggrieved, they have the right to obtain legal protection and submit existing legal remedies and business actors must also be responsible for their obligations. Here the role of the government is needed to convey education to the public, especially consumers regarding education on cosmetic products in circulation that do not meet predetermined quality standards and this can have an adverse impact on consumers who use and are users of the final product. The Consumer Protection Law accommodates two important principles, namely product liability and professional liability. Business actors are obliged to be responsible for consumers who suffer losses due to defects in the products circulated by business actors.
Co-Authors Adrianus Jeffri Shandietrysno Agus Widyantoro Agus Widyantoro Agus Yudha Hernoko Alaa Basil Baqer Alfadhel Alya Tsabita, Alya Anam, Mochammad Rifqi Asri Wijayanti Azzahra, Saffana Bambang Sugeng Bambang Sugeng Bambang Sugeng Ariadi Bambang Sugeng Ariadi S, Bambang Sugeng Bambang Sugeng Ariadi Subagyono Bambang Sugeng Ariadi Subagyono Bambang Sugeng Ariadi Subagyono Budiarmanto Setyo Hutomo Christine Elisia Widjaya Cindy Tatia Amallia Darren Mayer Hadi Kusuma DERMAWAN, RIZKI Dinar Kripsiaji Dinda Bhawika Wimala Pastika Dywananda, Auliya Cistaraja Javier Eka Putri Fauzia Ikromi Fiska Silvia Raden Roro Ghansham Anand Hidayatullah, Tomi Hilda Yunita Sabrie Hutomo, Cindy Indudewi Indira Retno Aryatie Kamaluddin, Muhammad Aqil Kukuh Leksono Suminaring Aditya Lova, Sandra A. M. Maghfira, M. Risyah Farras Deka Malie, Adi Muliawansyah Maulida, Talia Alfirna Pratama Tanda, Angel Rezky Qinthara Qamarani Haryanto Qois, Ghozi Naufal Rizki Amalia Romadhona, Mochamad Kevin Sabrie, Hilda Shandietrysno, Adrianus Jeffri Sinar Aju Wulandari Talia Alfirna Maulida Trisadini Prasastinah Usanti Wibowo, Veronica Cynthia Widhayani Dian