Claim Missing Document
Check
Articles

Found 37 Documents
Search

Pertanggungjawaban Perdata Terhadap Layanan Perpesanan Online Hotel Melalui E-Commerce Sebagai Upaya Perwujudan Kepastian Hukum (Studi Kasus Pada Hotel Ommaya di Kabupaten Sukoharjo) Setyowati, Hetining; Ismiyanto, Ismiyanto; Khaerudin, Ariy
Innovative: Journal Of Social Science Research Vol. 5 No. 1 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i1.18003

Abstract

Penelitian ini bertujuan untuk menganalisa permasalahan hukum yang muncul dalam layanan perpesanan online melalui e-commerce di hotel ommaya dan upaya yang dapat dilakukan hotel ommaya untuk mewujudkan kepastian hukum dalam tanggung jawab perdata layanan perpesanan online hotel melalui e-commerce. Jenis penelitian mengunakan penelitian hukum empiris, dengan sifat penelitian deskriptif. Lokasi penelitian di Hotel Ommaya Kabupaten Sukoharjo. Jenis dan sumber data dalam penelitian terdiri dua jenis, data primer serta data sekunder. Teknik pengumpulan data adalah dengan teknik observasi, wawancara, dan studi kepustakaan. Teknik analisis data secara kualitatif. Hasil penelitian menarasikan konsep pertanggungjawaban perdata Hotel Ommaya dalam mewujudkan kepastian hukum melibatkan kepatuhan terhadap kontrak, tanggung jawab atas perbuatan melawan hukum, kepatuhan terhadap regulasi, dan mekanisme pengaduan serta penyelesaian sengketa yang efektif. Dengan mengadopsi prinsip-prinsip ini, Hotel Ommaya dapat memberikan perlindungan hukum yang memadai bagi tamu dan meningkatkan kepercayaan serta kepuasan pelanggan.
Analysis of Cybercrime Potential in E-Commerce Buying and Selling Transactions Elisanti, Evi; Khaerudin, Ariy; Junaidi, Amir; Ardhani Putri, Hanuring Ayu; Muhtarom, Muhammad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4910

Abstract

The research aims to analyze the potential for cybercrime in e-commerce buying and selling transactions. The research method used is normative juridical. The type of primary data is interviews and discussions related to e-commerce, and secondary data is library literature. Data collection techniques used literature studies, interviews, observation, and documentation. The data analysis technique is descriptive qualitative which is used in the form of an interactive analysis model. The research results show that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly, including minimal knowledge, waste of money, being tempted by fake gifts, high levels of unemployment and poverty, and less strict government security policies. Forms of cybercrime in e-commerce include hacking, identity theft, data breach, phishing, spamming, pharming, pretexting, qui pro quo, and contacting the victim directly. Specific solutions are needed to overcome the cybercrime problem of e-commerce buying and selling, namely Backup, Use of SSL Certificates, Firewall, E-Commerce Security Plugin, Multilayer security, User and Staff Education. The conclusion of this research is that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly so it is very necessary to prevent specific solutions in resolving cybercrime problems in e-commerce buying and selling transactions.
Legal Protection against Use of a Person's Face as a Meme or Stickers on WhatsApp without Permission Hanuring Ayu; Annisa Safinatun Nikmah; Ismiyanto Ismiyanto; Ariy khaerudin; Femmy Silaswaty
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.772

Abstract

Development technology information , especially use WhatsApp application , has bring up phenomenon use stickers and memes as means expression in digital communication . However , misuse face somebody without permission in meme form or sticker cause problem serious law . Research This aim study provision related laws in Indonesia editing and distribution face individual without consent , use method study normative based studies library . Study results show that action the violate Copyright Act , Act Information and Electronic Transactions (ITE Law), as well as Constitution Personal Data Protection . Violations This can charged sanctions criminal Because concerning moral rights , rights economy and privacy individual . In addition to the aspects law , abuse this is also influenced by factors economy , environment social , and digital culture of society . Therefore that , is necessary education and enforcement more laws firm in order to create ethical and responsible digital space answer .
LEGAL ANALYSIS OF THE PRACTICE OF TRANSFER OF RIGHTS BY FINANCING INSTITUTIONS THROUGH AN ABSOLUTE POWER OF POWER: A REVIEW OF VIOLATIONS OF LAW AND ITS LEGAL IMPACT Rohmawati, Indah; Khaerudin, Ariy; Yudanto, Dika
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.1036

Abstract

This research aims to examine unlawful practices committed by financing institutions in the process of transferring rights by using absolute power of attorney and examine the legal consequences of using absolute power of attorney against the law. The research uses a statutory approach and applicable regulations along with legal principles used to examine the problem under study. The conclusion obtained is that in practice there are still many financing institutions in collaboration with authorized officials who still practice debt and credit mixed with buying and selling, therefore the use of absolute power of attorney in the transfer process is a legal act prohibited by laws and regulations which can be canceled and null and void and is a form of abuse of circumstances and vigilante efforts. The legal consequences of the practice of unilateral transfer of rights using an absolute power of attorney are a form of legal smuggling where when the conditions for the validity of the agreement are not met, which include subjective conditions in the form of an agreement containing elements of unlawful acts and objective conditions regarding legal causes because they violate the Civil Code and Presidential Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights which was later replaced and refined in Government Regulation No. 24 of 1997 concerning Land Registration.
CONSIDERATION OF JUDGES IN DECIDING CASES OF DOMESTIC VIOLENCE CRIMES COMMITTED BY HUSBANDS TO WIVES COMMITTED BY HUSBAND TO WIFE Saputra, Mahendra Agnur; Putri, Hanuring Ayu Ardhani; Khaerudin, Ariy
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1283

Abstract

The purpose of this study is to examine the law enforcement and judges' consideration of the perpetrators of the crime of Domestic Violence committed by husband to wife in decision No. 233/Pid.Sus /2023/PN Ktg. This type of research uses descriptive qualitative with a normative juridical approach. Data collection using literature study. This research uses qualitative analysis with an interactive model. The results showed that law enforcement against perpetrators of domestic violence crimes that the defendant was sentenced to imprisonment for 4 (four) years. The judge's consideration in imposing a sentence on the crime of domestic violence was the beating committed by a husband to his wife in Decision No. 233/Pid.Sus/2023/PN Ktg is based on the testimony of witnesses, evidence and the testimony of the defendant, where the proof is sufficient if it is based on at least 2 (two) pieces of evidence plus the judge's belief.
Abuse of Circumstances as Grounds for Cancellation of Transfer of Rights (Study of Decision Number 186/Pdt.G/2024/Pn Skt) Roseandi Dewi, Anya Diyang; Khaerudin, Ariy; Faried, Femmy Silaswati
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1494

Abstract

This research examines the application of the concept of undue influence (misbruik van omstandigheden) as an indication for the cancellation of the transfer of rights in Indonesian civil law, specifically through an analysis of Surakarta District Court Decision Number 186/Pdt.G/2024/Pn Skt. Although not explicitly regulated in Indonesian Civil Code, this concept has gained judicial recognition through court decisions and jurisprudence. Undue influence occurs when an agreement is formed under conditions of disparity, where one party takes advantages of the economic or psychological weakness of the other party to obtain unfair benefits. This research uses a normative legal research method with a conceptual approach, examining secondary data through a literature study consisting of primary, secondary, and tertiary legal materials. The data analysis was conducted qualitatively through the stages of data reduction, data representation, and conclusion making. The result of the study show that the concept of undue influence is applied in Indonesian civil law based on open contract law system, the principles of freedom of contract and good faith, as well as the doctrine of unlawful acts. In decision number 186/Pdt.G/2024/Pn Skt, the judges identified five elements of undue influence, including circumstances that weaken the position of the plaintiffs, an unequal power relationship, exploitation of the circumstances by the defendant, lack of freedom of will, and conflict with decency, justice, and humanity.
Criminal Liability of Parents for Economic Exploitation of Children Marva Ria, Laverda Daffa; Khaerudin, Ariy; Farried, Femmy Silaswati
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1496

Abstract

The economic exploitation of children by parents reflects social inequalities and weak legal protections for vulnerable groups in Indonesia, exacerbated by poverty, low education levels, and inadequate state oversight in the informal sector. This study aims to analyze the criminal liability of parents for the economic exploitation of children based on Indonesian positive law, including the Child Protection Law and the Criminal Code (KUHP 1946 and KUHP 2023), as well as identify gaps between legal norms and their implementation. The research employs a normative juridical approach with a statutory approach, utilizing secondary legal materials such as laws, doctrines, and relevant literature, analyzed through qualitative-descriptive methods. The results indicate that regulations prohibiting the economic exploitation of children align with the principles of child protection in Indonesia's legal system, which is vertically harmonious from the Constitution to sectoral regulations, and consistent with international instruments like the CRC and ILO Conventions. However, the criminal liability of parents is strongly based on the Child Protection Law (Articles 76I and 88) and Criminal Code provisions on participation, with theories such as strict liability and vicarious liability applicable. Despite a strong normative framework, law enforcement is hindered by low legal awareness, permissive culture, and narrow interpretations of exploitation. In conclusion, although legal norms effectively criminalize exploitation by parents, practical implementation requires stricter enforcement, consistent interpretations prioritizing the best interests of the child, and social policies to address root causes, to ensure substantive child protection