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Journal : JUSTITIA JURNAL HUKUM

Civil Justice as An Option for Fulfilling Environmental Justice Through The Principles of Ius Curia Novit and Rechtsvinding Purwendah, Elly Kristiani; Monteiro, Seguito; Rusito, Rusito; Erowati, Eti Mul; Djatmiko, Agoes
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12808

Abstract

Civil trials on the principle of ius curia novit and rechtsvinding become a breath of fresh air for justice seekers seeking their laws that fulfill the ideè des rechts (rechtssicherheit: legal certainty, zweckmässigkeit: expediency, and gerechtigkeit: justice). The principle of ius curia novit which means that the judge is considered to know the law becomes a space for judges in making legal discoveries (rechtsvinding). The implementation of laws by judges is not merely a matter of logic and proper use of the mind, but rather the provision of juridical forms rather than basing on juridical experience and judgment rather than basing on abstracts, because the law cannot be complete, only one stage in the process of forming a law that is forced to seek its completeness in the legal practice of the judge. The judge's wiggle room in fulfilling the sense of justice for justice seekers in the environment as the decision No. 374 / Pdt.G / LH / 2019 / PN.Jkt.Pst which granted the lawsuit of the plaintiffs (Advocacy Team of the Capital Movement (Initiative to Clean the Air of the Universe Coalition) based the findings of the judge's law, basing on Decision Number: 36 / KMA / SK / II / 2013 concerning the Enactment of guidelines for handling environmental cases. Keyword: ius curia novit, rechtsvinding, onrectmatigedaad, lawsuit, environment.
Legal Protection for Online Shopping Business Receiving Fictive Orders With a Payment System on The Site or Cash on Delivery Apriyanti, Devi; Purwendah, Elly Kristiani; Muchtar, Wiwin; Pudyastiwi, Elisabeth
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17227

Abstract

ABSTRACT The implementation of buying and selling online provides many benefits to streamline time so that everyone can make buying and selling transactions wherever and whenever. However, in practice it raises several problems, such as on the Shopee shopping site with a payment system using the Cash On Delivery (COD) feature, there are obstacles that are detrimental to the seller. This obstacle is caused by consumers who do not have good intentions by disappearing suddenly when the goods arrive at the buyer's address so that the goods are not paid for and are forced to be sent back to the seller. This is clearly detrimental to the seller both in terms of material and immaterial. The focus of research in this thesis is to analyze the concept of consumer protection for Shopee sellers who implement the COD payment system. This study uses empirical juridical research methods using primary data located in Purwokerto. Data analysis techniques using qualitative methods. The results of the study show that good faith as a form of business actor's obligation to the Shopee Marketplace has been fulfilled, but there is an imbalance in the position of unilaterally canceling so that the business actor does not get his rights in the form of payment for goods. So the seller must bear the risk and the goods must be returned, and for the safety of the seller must bear the cost of resend so that COD becomes more expensive. This is referred to as the risk borne by the seller.  
Civil Justice as An Option for Fulfilling Environmental Justice Through The Principles of Ius Curia Novit and Rechtsvinding Purwendah, Elly Kristiani; Monteiro, Seguito; Rusito, Rusito; Erowati, Eti Mul; Djatmiko, Agoes
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12808

Abstract

Civil trials on the principle of ius curia novit and rechtsvinding become a breath of fresh air for justice seekers seeking their laws that fulfill the ideè des rechts (rechtssicherheit: legal certainty, zweckmässigkeit: expediency, and gerechtigkeit: justice). The principle of ius curia novit which means that the judge is considered to know the law becomes a space for judges in making legal discoveries (rechtsvinding). The implementation of laws by judges is not merely a matter of logic and proper use of the mind, but rather the provision of juridical forms rather than basing on juridical experience and judgment rather than basing on abstracts, because the law cannot be complete, only one stage in the process of forming a law that is forced to seek its completeness in the legal practice of the judge. The judge's wiggle room in fulfilling the sense of justice for justice seekers in the environment as the decision No. 374 / Pdt.G / LH / 2019 / PN.Jkt.Pst which granted the lawsuit of the plaintiffs (Advocacy Team of the Capital Movement (Initiative to Clean the Air of the Universe Coalition) based the findings of the judge's law, basing on Decision Number: 36 / KMA / SK / II / 2013 concerning the Enactment of guidelines for handling environmental cases. Keyword: ius curia novit, rechtsvinding, onrectmatigedaad, lawsuit, environment.
Legal Protection for Online Shopping Business Receiving Fictive Orders With a Payment System on The Site or Cash on Delivery Apriyanti, Devi; Purwendah, Elly Kristiani; Muchtar, Wiwin; Pudyastiwi, Elisabeth
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17227

Abstract

ABSTRACT The implementation of buying and selling online provides many benefits to streamline time so that everyone can make buying and selling transactions wherever and whenever. However, in practice it raises several problems, such as on the Shopee shopping site with a payment system using the Cash On Delivery (COD) feature, there are obstacles that are detrimental to the seller. This obstacle is caused by consumers who do not have good intentions by disappearing suddenly when the goods arrive at the buyer's address so that the goods are not paid for and are forced to be sent back to the seller. This is clearly detrimental to the seller both in terms of material and immaterial. The focus of research in this thesis is to analyze the concept of consumer protection for Shopee sellers who implement the COD payment system. This study uses empirical juridical research methods using primary data located in Purwokerto. Data analysis techniques using qualitative methods. The results of the study show that good faith as a form of business actor's obligation to the Shopee Marketplace has been fulfilled, but there is an imbalance in the position of unilaterally canceling so that the business actor does not get his rights in the form of payment for goods. So the seller must bear the risk and the goods must be returned, and for the safety of the seller must bear the cost of resend so that COD becomes more expensive. This is referred to as the risk borne by the seller. Â