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Liability of Airlines That Unilaterally Cancel Flights in Indonesia Rahmawati Dewi, Stepani; Aulia, Muhammad Fikri; Gunawan, Moh Sigit; Maulida, Irma
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/jurnallegisci.v2i5.680

Abstract

Background, Aviation is one of the significant forms of business deregulation in Indonesia. The existence of aircraft makes it easy for passengers to move between regions quickly and efficiently for various purposes. The commercial air transportation sector is growing rapidly, as seen by the increasing number of airlines providing flight services and the rising public interest in using these services. However, in reality, many consumer rights have not been fully fulfilled by airlines, especially in the case of flight delays. For this reason, strict legal regulations are needed to regulate airlines' responsibilities to protect consumer rights. In its implementation, it turns out that passengers submit many complaints to the airline due to various problems. Aim, Clear and firm legal regulations are needed to regulate airlines' responsibilities to protect passengers' rights. This research focuses on two main issues, namely how the airline's liability to passengers is related to flight schedule delays and how to claim compensation for airline passengers related to flight schedule delays. Methods, This study uses a normative juridical approach by analysing laws and regulations related to legal protection for consumers. The data obtained was analysed qualitatively to understand the issue more deeply. Results, The study results show that the Regulation of the Minister of Transportation Number 89 of 2015 expressly regulates the rights of consumers affected by flight delays and stipulates the obligations of airlines to aggrieved passengers. Conclusions, The legislation was made to ensure that passengers get safety and security in running flights, as well as passengers, are more independent and know the importance of the issuance of the law. Implication, Furthermore, the regulation can be used as a foothold for passengers' legal protection against problems.
Legal Liability for Companies Regarding the Prohibition of Worship for Workers Said Saleh; Sherin Audia Maharani; Sania Faridha Farasanti; Irma Maulida; Deni Yusup Permana
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14567

Abstract

This study discusses the prohibition of worship for workers in beauty companies around Cirebon Regency based on labor laws in Indonesia. Freedom of worship is a basic right of every human being guaranteed by the 1945 Constitution and Law Number 13 of 2003 concerning employment. However, there are still companies that limit their workers to worship, as happened in the city of Surabaya. The same thing also happened in one of the cosmetics companies around Cirebon Regency, Company X. This paper uses normative juridical methods, with data from literature studies and interviews with several workers at Company X and the Manpower Office as our supporting data. This research is expected to provide insight for companies, legal practitioners, and the general public in understanding the rights and obligations of workers and the company's obligations to workers. The study's results show that company X's policies are contrary to regulations and can be considered discriminatory, adversely affecting employee welfare and company reputation. Legal consequences that can be imposed on companies include administrative sanctions, civil lawsuits, and criminal charges under applicable regulations.  If the company does not have company regulations, it can be subject to criminal sanctions, including a fine of at least Rp.5,000,000 (five million rupiah) and a maximum of Rp.50,000,000 (fifty million rupiah).
Utilization of Film Copyright Through Digital Applications in Modifying Original Works: A Study of Film Novel Adaptations Ike Yulita; Akhmad Fadlan; Nurul Iza Ananda; Dudung Hidayat; Irma Maulida
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14738

Abstract

The advancement of digital technology has transformed the creation and consumption of intellectual works. Digital applications facilitate the swift modification and adaption of original works, creating new potential but also presenting intricate legal challenges, especially concerning copyright. Original creations, whether music, photographs, films, or software, can be readily altered, amalgamated, and disseminated via diverse digital media. Legal certainty between the creator or copyright holder and an existing work affords comprehensive protection to the copyright owner. For instance, in derivative works, if an individual transforms a written novel into a film, they must adhere to the protocols set forth in the 2002 Copyright Law. This research employs the Normative Juridical methodology. The normative legal research method involves the examination of both written and unwritten positive laws. This is conducted through the examination of literary sources or secondary data. This research seeks to elucidate the constraints involved in converting an original work into a derivative work that retains copyright protection, while also examining the necessity of issuing licenses as a legal safeguard in the adaptation process, especially from novels to films in the digital age.
Legal Protection of Women's Workers' Rights in Garment Companies in Majalengka Regency Sapitri, Ike; Widianingsih, Ajeng; Sofia, Dinta Sayidina; Gunawan, Moh Sigit; Maulida, Irma
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14463

Abstract

This study discusses various problems faced by women workers, including employment agreements, shuttle transportation facilities, the right to menstrual leave, and aspects of Occupational Safety and Health (K3). The purpose of this study is to identify how the policies regarding employment that apply in Majalengka Regency are mainly to ensure the fulfillment of the rights of women workers and the obstacles faced by women workers in Majalengka Regency in obtaining Legal Protection. The type of research applied by the researcher is empirical juridical research. According to Abdul Kadir Muhamad, empirical juridical research is carried out by examining secondary data first, which is then followed by collecting primary data through field studies. The results of the analysis of the protection of women workers in Majalengka Regency are in accordance with Law No. 13 of 2003 concerning Manpower has been implemented, but there are still rights that have not been fulfilled. The protection of women workers in Majalengka Regency faces several obstacles, the local government through the DISNAKER (Manpower, Cooperatives, and SMEs Office) Majalengka Regency has not fully implemented regulations on the rights of women workers. Ideally, a number of local regulations. 9 of 2022 concerning Manpower contains provisions regarding the rights of women workers, as stipulated in higher laws and regulations, namely the Manpower Law No. 13 of 2003 concerning Manpower. However, in reality, there are still many female workers who do not know the rights they should get.
Efforts of The People of Geyongan Village In Obtaining Rights To Former Pangonan Land Junaedi, Junaedi; Nuralamsah Ramadhan, Dandhy; Hafidh Anwar, Aditiar; Maulida, Irma; Yosi Andri, Gusti
Asian Journal of Social and Humanities Vol. 2 No. 12 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i12.377

Abstract

The certificate of right to use on state land is a legal instrument that gives the holder the right to use state land for a certain period of time in accordance with the provisions of the applicable laws. This study examines the case of State Land intended for pangonan, which is located in Dukupace Block, Geyongan Village, Cirebon Regency, where the villagers use the abandoned Pangonan land, then they control it for various purposes such as agriculture and housing. Even though they have controlled the land for many years, the community does not have its ownership status. This will cause problems in the future if the status of the land is not yet owned by the people who occupy the land. The research method used is empirical juridical, with reference to various previous studies on state land ownership and land distribution justice. The results of the study show that there is a lack of public understanding of procedures and ownership conflicts. To overcome these obstacles, it is necessary to simplify the mechanism regarding rules and increase socialization. This study provides fair and inclusive policy recommendations, as well as concrete steps to improve the process of issuing use rights certificates and recognition of land rights based on long-standing physical tenure.
Therapeutic Transactions for Medical Services through Online Clinics on A Legal Perspective Indraswari, Sri Primawati; Sutrisno, Endang; Maulida, Irma; Karmenita, Karmenita
Devotion : Journal of Research and Community Service Vol. 4 No. 9 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v4i9.560

Abstract

The development of digitalization of almost all aspects of modern life, including healthcare, has been influenced by the use of technology. Health is very important for everyone, no matter age, socioeconomic status, or other factors. The current digital age in the provision of medical services through virtual clinics has grown rapidly. However, the existence of online clinics creates unclear legal regulations for therapeutic transactions, which can have potentially adverse legal repercussions for patients. Patients can file lawsuits against online clinics and healthcare professionals involved if there is an error in diagnosis or treatment. Therapeutic transactions consist of medication, diagnosis and medical treatment. But in online clinics, there is debate about the legality and ethics of these therapeutic transactions. Some of the problems that arise in therapeutic transactions through online clinics include the inability to perform physical examinations, medical data security issues, and the inability to track patient histories. The method used to assess is doctrinal (normative juridical), considering the concept of law as written law, which is made by local government regulations. The results showed that Health Law Number 36 of 2009 concerning Health and Article 1320 of the Civil Code, which regulates the legal terms of an agreement, can be used to assess the validity of therapeutic transactions carried out in online clinics. The research findings also show that fulfillment of the requirements of Health Law Number 36 of 2009 must include the responsibility of patients who receive medical care through online clinics. To optimize their services on online clinic platforms such as the Cirebon City Health Office, health service providers and health practitioners such as doctors, medical personnel, and other health workers use this platform. These organizers must consider Health Law Number 36 of 2009, which covers medical practice standards, telemedicine patient privacy, and a doctor's license or License to Practice. In addition, special policies must be made by the central government and the Cirebon City Health Office to provide clear legal protection for patients who receive medical services through online clinics when conducting medical transactions.
LEGAL PROTECTION FOR WORKERS ON OCCUPATIONAL SAFETY AT PT. MEGA RAYA PROPERTY Kaenama Muhammad, Yunan; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9535

Abstract

The implementation of occupational safety has the primary goal of improving and maintaining all workers' physical, mental, and social welfare in all types of work, preventing health problems caused by work, and avoiding accidents during work. Cirebon is one area famous for its significant progress in industrial development, one of which is in the construction sector. These jobs have a high risk of work accidents during the construction process of construction projects because work safety standards are still inadequate. This is evidence of the lack of attention to the importance of occupational safety in construction work. In this study, a normative juridical approach method is used, namely literature law research, which is carried out by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The study results show that: (1) The form of legal protection in PT. Mega Raya Property uses a form of preventive legal protection because the company uses its policies in the employment agreement in the form of an oral agreement, so the form of legal protection for workers is not optimal because workers do not get their rights optimally and clearly if something happens. (2) The efforts to resolve work accident cases experienced by workers have been carried out based on the policy of PT. Mega Raya Property is per Government Regulation Number 82 of 2019 concerning the Implementation of Work Accident Insurance and Death Insurance Programs, and the final results are determined based on mutual agreement.
LEGAL PROTECTION FOR LOSS OF MOTORBIKES IN THE PARKING LOT OF THE TOURISM CENTER OF CIREBON REGENCY BASED ON REGIONAL REGULATION NO.11 OF 2019 CONCERNING THE IMPLEMENTATION OF PARKING: (Case study in Bukit Cinta – Mundu, Cirebon Regency) Andita Alfarisy, Panji; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9550

Abstract

Chapter 18, paragraph (1) of the Consumer Protection Law is included and regulated regarding the provisions for the Inclusion of Standard Clauses, where "Business actors in offering goods and or services intended for trading are prohibited from making or incorporating standard clauses on every document and or agreement when stating the transfer of responsibility of business actors", Chapter 18 paragraph (2) of the Consumer Protection Law states that "Business actors are prohibited from including standard clauses whose disclosure is difficult to understand". Chapter 32 of Cirebon Regency Regional Regulation No. 11 of 2019 which states that "Getting a sense of security for the use of Parking Space Units (SRP)". This type of research is Normative Law, which analyzes laws, regulations, and other legal materials. The problem in this study is how to provide legal protection for consumers who lose their motorbikes in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency and how to resolve disputes in the event of losses on the part of consumers who are parked in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency.Legal protection for consumers in the parking of motor vehicle tourism objects in Cirebon does not yet exist because of the standard clause on ticket parking related to the transfer of responsibility for the parking manager. This is clearly contrary to Chapter 18, paragraph (1) of the Consumer Protection Law. Including a standard clause with the transfer of responsibility has violated the freedom of contract in the Civil Code. Efforts to resolve disputes if there is a loss to the owner of the vehicle parked at the tourist attraction, then to divide or transfer the burden of responsibility, the parking manager can collaborate with the insurance company to provide parking insurance for each consumer. To protect consumers legally, several options of legal remedies can be pursued by litigation or non-litigation, such as mediation, mediation at the Directorate of Consumer Protection, the Dispute Resolution Agency (BPSK), and the District Court
JURIDICAL ANALYSIS ON DISPUTE RESOLUTION IN CASES OF UNLAWFUL ACTS Karmenita, Karmenita; Kafi Habib, Rakha; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9552

Abstract

The primary purpose of the law is to realize justice; Aristotle said that justice is to give everyone what is his right. Legal facts show difficulties in resolving disputes, such as settlements that are not under the law and things considered unfair. For example, the plaintiffs felt the settlement was unfair in settling disputes concerning unlawful acts between farmers and PT PG Rajawali II. This study aims to 1) analyze the dispute resolution in the case of unlawful acts and the efforts made to resolve disputes in the case, and 2) the impact on the plaintiffs who dispute in the case using the normative juridical method with the type of qualitative research. The settlement of disputes in the case of unlawful acts is analyzed using the theory of justice; the dispute settlement efforts are not by the law and are considered unfair by the plaintiffs because what they are entitled to is not fulfilled. The plaintiffs did not receive compensation due to the defendants' destruction of land. They did not receive replacement land due to land included in the extension of the HGU, which resulted in the loss of land that the plaintiffs could use for economic activities.
IMPLEMENTATION OF UNLIMITED DENTAL SUPERVISION Teti Sutriani; Montisa Mariana; Irma Maulida
JILPR Journal Indonesia Law and Policy Review Vol. 3 No. 2 (2022): Journal Indonesia Law and Policy Review (JILPR), February 2022
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.23 KB) | DOI: 10.56371/jirpl.v3i2.95

Abstract

Since the beginning of January 2013, the number of registered dental professionals is ± 75,000. There are still many dental artisan practices indicating that our society is interested in dental services. The legal basis for dental work has been regulated by the government, in this case the Ministry of Health issued Permenkes No. 53/DPK/1/K/1969 and Permenkes No. 339/MENKES/PER /V/1989 on dental work. The regulation regulates the authority, prohibition and licensing of dental artisans.In Indonesia, dental technicians who carry out dental work are required to register with the district/city government or the local district/city health office to obtain a dental technician's license. The dental technician's license is valid for two years and can be extended as long as it meets the requirements.Research with approach methodnormative juridical, namely the method of collecting data by conducting a literature review associated with problems as mentioned above. Based on the results of the research, dentists who carry out dental work without having a dental technician's license and work outside their authority can be subject to sanctions based on the Medical Practice Act article 73 paragraph (2). the person concerned is subject to sanctions. If the patient feels aggrieved by the services provided by the dental artisan, the patient can claim compensation. The Cirebon City Health Office has not carried out periodic supervision of dental artisans in the city of Cirebon. This is because there are obstacles in the workforce (HR) to carry out such supervision.