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Journal : Unes Law Review

PERLINDUNGAN HUKUM TERHADAP KERUGIAN KREDITUR DALAM PERJANJIAN LISAN HUTANG PIUTANG AKIBAT WANPRESTASI DENGAN PEMBUKTIAN ELEKTRONIK Fortuna, Arina Dewi; Saputra, Arikha
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.762

Abstract

The case of debts and receivables fulfilling deaflut in the case of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg was caused by the negligence of the debtor which caused the creditor to suffer losses. To obtain its rights, the creditor must prove the existence of the agreement. However, such contracts are only oral in nature and therefore have weak legal force. To prove the debtor’s negligence, creditors use electronic evidence in the form of screenshoot of Whatsapp messages and proof of transfers. Electronic evidence submitted is considered valid evidence under UU No.19 tahun 2016 tentang ITE. This research case is normative legal research and the research method is descriptive analysis. Analysis of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg. The results of research on the decision concluded that the legal protection of oppression was given after a dispute arose or was resolved. In this case the creditor filed a lawsuit with The Padang Distric Court to get the fairest settlement. According to creditors to seek legal protection for bankrupt debtors in court when the plaintiff appears to have bad intentions and is evasive. Until the final decision, the plantiff and the defendant must fulfill their obligations under the agreement.
Penerapan Perjanjian Jual Beli Online di Aplikasi Shopee Berdasarkan KUHPERDATA Dan UU ITE Choiril Ilham, Priambudi; Saputra, Arikha
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.v6i1.917

Abstract

One of the e-commerce that is often used is shopee. In online shopping consumers decide to buy a product with the best reviews. However, in reality, the best rating cannot guarantee that violations will not occur. This could have happened due to the negligence of the seller, user, or expeditionary party. For this reason, Shopee is required to provide assurance regarding online buying and selling agreements and the claim mechanism for these violations in accordance with the Civil Code and Law Number 19 of 2016 concerning ITE. This type of research is normative juridical research with descriptive analytical research methods. Analysis is carried out to obtain clear, systematic and detailed results. The research results in the online sale and purchase agreement must comply with the provisions for effective communication, personal data protection, compliance with consumer protection, use of good policies and procedures, contractual responsibility, timely refunds, and compensation for losses. The mechanism for the claim process carried out by the shopee party in violation of the online buying and selling agreement at shopee is carried out on the principle of good faith, which is the implementation of the UUPK.