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Protecting the Consumer Rights in the Digital Economic Era: Future Challenges in Indonesia Arifin, Ridwan; Kambuno, Juan Anthonio; Waspiah, Waspiah; Latifiani, Dian
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (684.613 KB) | DOI: 10.33756/jlr.v3i0.9635

Abstract

The emerging technological prospects affected many aspects, including consumer protection. The creation of data and computer-driven innovation would derive several advantages for consumers. Innovative products and services and new ways in which goods and services are developed and delivered. This paper aims to analyse how Indonesian legal policy on protection consumer rights in the digital era. The paper emphasized that it would advise against believing that policy is unreasonably permitted to give way to the technological agenda, whilst accepting that adaptations should be made and also that there should be a critical review of whether existing forms of regulation are needed in the digital economy of Indonesia. Regulations concerning to the protecting consumer rights in the world of e-commerce are still worrying even though many sectoral regulations have been promulgated, as well as weak supervision and lack of strict law enforcement in resolving consumer disputes. Trade regulation via the internet still raises many conceptual or theoretical questions that indicate the need to develop more detailed conceptual and theoretical explanations to the need for more complex laws and regulations to be able to protect consumers properly. More than that, national regulations are dealing with the context of trade through the internet, which transcends national boundaries without always being controlled through conventional means.
Civil Law Analysis of Application for Change of Name at Rembang District Court Pungki, Nanda Ayu; Rizda Sabti Yulnita; Dian Latifiani
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.606

Abstract

The State of Indonesia is a state of law which is regulated in Article 1 paragraph 3 of the 1945 Constitution. One of the implementations of legal products is the settlement of disputes or problems that are contrary to the law by courts. In this study, we want to examine the problem of the application for a name change in the District Court according to the facts that occurred in Rembang. This study uses a qualitative approach which makes observations directly to the field to find the truth value related to the research. The results of the study found that along with the times, the application for change of name was very much found in people’s lives. But the fact is that many people are still confused about the name change application process. The purpose of this study is to find the problems in the application case encountered when wanting to change the name and provide information about the procedures related to submitting a name change application at Rembang District Court based on court principles to achieve certainty, benefit, and legal justice
Preventing Child Marriage: Advocating for Marriage Age Education to Foster Family and National Resilience Latifiani, Dian; Widyawati, Anis; Sumartono, Nike Natasya Dewi; Sani, Rahmawati Melati; Fuad, Choirul; Akbar, Sulthan Faiz; Mubarak, Kareem
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 5 No 2 (2022): Indonesian Journal of Legal Community Engagement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v5i2.60202

Abstract

Children are the buds of the nation's hope that have rights and protection as mandated by the Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence so that they are free from various threats or treatment that degrades human dignity. Other regulations that support child protection are regarding the age limit for marriage as stipulated in Article 7 of the Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to the Marriage Law No. 1 of 1974, which is 19 years old. However, the empirical reality shows that the target community, namely Fatayat, does not fully understand the urgency that the minimum age of marriage is 19 years. This research is a community service program funded by Semarang State University in Fatayar, South Semarang District, Semarang City. This paper aims to provide an increased understanding of the age of marriage in order to build family resilience in Fatayat, South Semarang District, Semarang City. The results of the study of 11 participants showed a tendency to increase understanding. This research includes several important stages, namely analysis of partner problems, science and technology needs for the community, coordination with partners, outreach and evaluation.
The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment Ramli, Asmarani; Heriyanto, Dodik Setiawan Nur; Tamas, Fezer; Latifiani, Dian
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2089

Abstract

The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.
Can Advocates’ Legal Culture in Civil Law Enforcement Drive Reform in Indonesia’s Modern Justice System? Latifiani, Dian; Baidhowi, Baidhowi; Herlambang, Pratama Herry; Winarno, Farkhan Radyafani; Habiburrahman, Ahmad
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.12988

Abstract

This study examines the urgent need to reform the legal culture of advocates in Indonesia, specifically in relation to the use of e-court and e-litigation systems in civil law enforcement. These systems were designed to streamline legal processes, offering faster, cheaper, and more accessible trials for material parties. However, advocates have been slow to adopt these technologies, often sticking to traditional methods, which undermines their potential effectiveness. The novelty of this research lies in its exploration of how the legal culture of advocates can be reformed to better leverage e-court and e-litigation. Rather than focusing solely on the technical aspects of these systems, the study emphasizes the socio-legal implications of such reforms. Advocates, as both legal professionals and agents of social change, play a critical role in bridging the gap between new technologies and the material parties they represent. This research contributes to the development of civil procedural law and aims to improve the legal culture of both advocates and clients. Using a qualitative, socio-legal approach, the study gathers data through interviews, observations, document analysis, and personal experiences. The urgency of this reform is underscored by the need for advocates to fully embrace their role in Indonesia’s digital transformation of justice. The study also examines how regulatory tools like PERMA No. 1 of 2019 and No. 7 of 2022 can support these reforms, ultimately driving systemic change in Indonesia’s legal culture and enhancing the effectiveness of e-court and e-litigation.
Optimizing Oversight: Developing an Ideal Framework for Supervision Prisoners’ Rights Allocation Anis Widyawati; Dian Latifiani; Helda Rahmasari; Ade Adhari
Indonesian Journal of Criminal Law Studies Vol. 9 No. 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.36628

Abstract

This study analyzes the problem of a prosecutor’s procrastination in executing a court judgment that delays the prisoners’ serving their sentences and causes some irregularities in the correctional facilities regarding the prisoners’ rights trade. The introduction of many prisons without a specific body to supervise the execution of the sentence, particularly the warded people’s freedom in Indonesia, appeared to have unfulfilled justice in the society. In this regard, this research aims to define the validity of the need to enhance the Supervision of prisoners’ rights protection in Central Java. It describes an optimal system relevant to such Supervision. The type of research that was utilized in this study is sociological juridical. Sociological juridical research serves to be the opposite of normative legal research. It is revealed that there have been ongoing infringements of prisoners’ rights, highlighting the further need to set a more comprehensive mechanism that would include the Police, the Prosecutors, the Courts, and the Correctional Institutions in the system of oversight and other management functions. Every level in the hierarchy system of the Criminal Justice System has its limit on including the human rights of prisoners containing adequate risks of intrusion, where checks and balances must be exercised. Formally and horizontally, these rights must be assured and upheld both legally and in their spirit by Justice and the Law. This study’s findings are that appropriate measures need to be applied to implement better Supervision policies aimed at safeguarding the human rights of prisoners and ensuring the justice system in Indonesia is not compromised.
The Revitalizing Indonesia's Religious Courts System: The Modernization Impacts and Potentials of E-Court Dian Latifiani; Nur Arif Nugraha; Anis Widyawati; Akhmad Khalimy; Muhammad Iqbal Baiquni; Asmarani Ramli; Pratama Herry Herlambang
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.32279

Abstract

The electronic court (E-Court) system implemented in this study utilizes online technology to facilitate the legal process. This system is based on the principles of fast, simple, and low-cost, and it is designed to address the challenges of traditional court procedures. The objective of this research is to evaluate the effectiveness of E-Court implementation in the Kendal and Semarang Religious Courts in accordance with the Supreme Court Regulation No. 1 of 2019, No. 3 of 2022 and No. 7 of 2022 as well as the Directorate General of Religious Courts Agency No 5374/DJA/HM.01/X/2019, in achieving the principles of fast, simple, and low-cost. This study employs a juridical-empirical approach, using data gathered through interviews, observations, and literature review. The findings indicate that the online justice system, implemented with the aim of expediting the legal process, has been well received by the community, and has proven to be highly efficient in the Kendal and Semarang Religious Courts. Overall, this research highlights the importance of E-Court implementation in delivering fast, simple, and low-cost for the community, while acknowledging the need for continued efforts to enhance the system's accessibility and inclusivity.
Co-Authors Abidah, Shofriya Qonitatin Ade Adhari Ade Adhari Adilia Putri Kusuma Afandi, Muhammad Riyan Agus Sarono Akbar, Sulthan Faiz Akhmad Khalimy Akhmad Khalimy Al Fikry, Ahmad Habib Alya Fatimah Azzahra Amalia, Tia Amel Ellsamia Indiyani Ana Latifatul Muntamah Angelia, Denadine Anggreini Gema Dzikrillah Anis Widyawati Annisa Suci Rosana Aprila Niravita, Aprila Ardi Sirajudin Ra'uf Ardi Sirajudin Ra'uf Ardi Sirajudin Ra’uf Arif Hidayat Asmarani Ramli Astrovanapoe, Syahlila Umaya Ayu, Adelia Setya Ayu, Adelya Setya Baidhowi Baidhowi, Baidhowi Baiquni, Muhammad Iqbal Bearlly Deo Syahputra Cahyani, Kartika Fajar Choirul Fuad Dhian Novita, Yustina Dina Ristanti Dita Amalia Dodik Setiawan Nur Heriyanto Dwi Budi Santoso Esmi Warassih Pudjirahayu Fatikasari, Indi Febrianti, Ayu Fitra Islamy, Ilma Maulana Fuad Karim, Ibrahim Fuad, Choirul Habiburrahman, Ahmad Hanif Helmi Hapsari, Ivana Mirella Harry Nugroho, Harry Helda Rahmasari Helda Rahmasari Heru Setyanto Heru Setyanto Hikal Fikri, Muhammad Adymas Huda, Muhammad Wahyu Saiful Husaini, Wahyu Nurul Iim Imroatus Sholihah Hamid Ika Anisatul Fatma Fitria Indiyani, Amel Ellsamia Indryana Widi Ardhianty Indung Wijayanto Kambuno, Juan Anthonio Kusuma, Adilia Putri Laryea, Emmanuel Lembang, Alviona Anggita Rante Lyna Latifah Lyna Latifah Maya, Dyah Mubarak, Kareem Muhammad Adymas Hikal Fikri Muhammad Iqbal Baiquni Muhammad Zaidan Dhiya' Ulhaq Muhammad Zaidan Dhiya' Ulhaq Mukhoyyaroh, Vina Durrotul MUSLIKAH Nababan, Natanael Andra Jaya Naefi, Mohammad Neneng Tasu’ah, Neneng Ngaboawaji Daniel Nte Ningsih, Ayup Suran Norafiq Aldyan Novita, Yustina Dhian Novitasari, Choirunnisa Nur Nungki Wahyuni Nur Arif Nugraha Nurul Fibrianti Nurul Fibrianti Oktora Triwanida Pertiwi, Adinda Ratna Pradana, Vega Gilang Pratama Herry Herlambang Pratama Herry Herlambang Pratiwi, Adinda Ratna Pungki, Nanda Ayu Raden Muhammad Arvy Ilyasa Rahayu, Sang Ayu Putu Rahmawati Melati Sani Ramadhan, Said Ramli, Asmarani Rasidah , Seni Ira Maya Rezanda Yosa Avianto Ridwan Arifin Rindia Fanny Kusumaningtyas Riyanto, R Benny Rizda Sabti Yulnita Rodiyah - Rohadhatul Aisy Rohmat Rohmat Roy Priyono Ryan Cahya Perdana5 Sabrina, Davina Syahlum Safitri, Anisa Endah Dwi Samuel, Gerald Sani, Rahmawati Melati Saputro, Muhammad Eko Seni Ira Maya Rasidah Setiaji, Dede Alvin Setyanto, Heru Setyowati, Ro'fah Shofriya Qonitatin Abidah Siti Amatil Ulfiah Siti Amatil Ulfiyah Sumartono, Nike Natasya Dewi Suryo Adi Widigdo Tahir, Mohammad Saleh Tamas, Fezer Ulfiyah, Siti Amatil Vena Lidya Khairunissa Waspiah - Widiastuti, Anita Indah Winarno, Farkhan Radyafani Yovita Aiko Silvana, Regina Yufi Al Izhar, Mohammad Yusriyadi Yusriyadi Yustina Dhian Novita