Articles
Upaya Debitur Dalam Mengatasi Kredit Macet Pada PT. Bank Danamon Simpan Pinjam Unit Pasar Pedan
Dominique Ellen;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v3i1.8897
Bank is one of the well-known financial institutions in Indonesia.. To provide legal certainty related to bank as financial institution, Law Number 10 of 1988 concerning Banking is regulated. Bank have various businesses and purposes, one of them is the effort to provide credit.. In order to provide credit, bank have a big risk, one of them is about bad credit, as experienced by Inna Ria Nuraini. How the debtor efforts in dealing with bad credit at PT. Bank Danamon Simpan Pinjam Unit Pasar Pedan is a researched problem. The research method used is descriptive normative legal research method, using secondary data and primary data as supporting data analysed qualitatively. The results of research illustrate that there are some several attempts which can be done by the debtor for dealing with their bad credit, that is by submitting restructurisation, rescheduling, or reconditioning. However, those attempts not implemented by the debtor because she prefer to bring a lawsuit to court.
PERLINDUNGAN HUKUM ATAS HAK KENYAMANAN KONSUMEN SEBAGAI PENGGUNA JASA TRANPORTASI KERETA API COMMUTER LINE KHUSUS WANITA
Gabriella Evanggelista;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v1i2.2879
Nowadays, a convenient transportation needs are increasingly needed by the public including transportation for women’s Commuter Line train. However, in practice there was still inconvenience in using the Woman’s Exclusive commuter line train transportation. How is the legal protection of customer’s right to comfort as a user of the Women’s Exclusive commuter line Transportation service trains is a problem discussed. The research method used is a descriptive normative research method which is based on secondary data and primary data as supporting data which is analyzed qualitatively. The results of the study illustrate that PT KCI has not provide legal protection for female special line commuter train service users as stipulated in Article 3 Railway Law No. 23 of 2007 and Article 4 Paragraph (1) Customer Protection Law No. 8 of 1999 , the inconvenience caused by the Women’s Special commuter line train is always full tight and has caused one of the train passangers to faint.
ASAS KEMANFAATAN DALAM TARIF PROMOSI YANG DIPERGUNAKAN OLEH GRAB INDONESIA BERDASARKAN KEPUTUSAN MENTERI PERHUBUNGAN NO 348 TAHUN 2019 TENTANG PEDOMAN PERHITUNGAN BIAYA JASA PENGGUNAAN SEPEDA MOTOR YANG DIGUNAKAN UNTUK KEPENTINGAN MASYARAKAT YANG DILAKUKAN DENGAN APLIKASI
Hasian Doli;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v3i1.8893
Globalization brings changes to the progress of science and technology, especially in the field of transportation. Promotion as one of the marketing strategies has taken a big part in attracting the hearts and loyalties of public transport users to move to modern online-based transportation users. Effectiveness and efficiency are the main choices of the community in determining the mode of transportation given the high mobility in the community, especially the capital society. The transition of modes of transportation from conventional transportation to online transportation has caused various problems in the community, one of which did not reach the principle of usability in its implementation because promotional tariffs provided by online transportation service providers are too cheap. The government has issued Minister of Transportation Decree No. 348 in 2019 with the aim of reducing the risk of unfair business competition between driver partners and the realization of the principle of expediency. The existence of regulations governing upper and lower limit tariffs aims to create the principle of benefits as contained in the transportation law.
PENERAPAN KLAUSULA BAKU PADA PERJANJIAN PENGIKATAN JUAL BELI APARTEMEN SAHID RESIDENCE OLEH PENGEMBANG BERDASARKAN UNDANG UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Putusan Nomor 53/PDT.G/2016/PN.JKT.PST Juncto Putusan Nomor 641/PDT/2016/PT.DKI)
Jessica Francis Gunawan;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v3i1.8903
Accommodation is one of the physiological human needs that are required for survival. In Indonesia, the accommodation type available for its people are apartments. There are several essential steps to be done prior to purchasing an apartment, such as Purchase Binding Agreements, which includes Standardized contract or Standardized Agreement. The written agreements are commonly created one-sidedly by the supplier and customers are often only accepting the agreements as they are unable to reject or to revise the content of the said agreements due to many unfamiliar vocabularies and often without any further explanations. This has put many customers into great disadvantages.Tiur Simamora is one of the victim of the above issue and is still unable to obtain the Deed of Sale and Purchase until the present time. The supplier included numerous unfamiliar vocabularies in the written agreement and did not include the specific date for the release of Deed of Sale and Purchase. While this has caused significant disadvantages for Simamora, the verdict of the District Courts ruled that the supplier was acquitted. According to the court, the supplier is not guilty by using many unfamiliar law terms in the agreement. However, the supplier has violated the Consumer Law and Simamora’s right as a consumer. Simamora’s case has been recorded by the District Courts under the case number: 53/PDT.G/2016/PN.JKT.PST.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN TRANSPORTASI BERBASIS ONLINE YANG MENGGUNAKAN DRIVER CADANGAN
Stefani Erlina Halim;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v1i2.2753
Logistic or transportation, including online transportation is an essential aspect in every day’s life. Technology advancement has promoted the introduction of online transportation in Indonesia. However, there is no clear integrated regulation of online transportation including reserve driver. This research also to look at how online transportation company will be responsible on the consumer who used the service of ‘backup’ driver; and what is the legal protection of the consumer in order to protect consumer who had used the service of reserve driver. The method used in this research is normative research specifications, using secondary data and primary data as supporting data with the law approach. The result shows that online transportation customers with reserve driver cannot hold accountability to the online transportation company based on Article 19 of the UUPK and Article 192 UULLAJ, because the business owners are not public transport companies but are the application-based companies. In addition, online transportation also does not provide legal protection to passengers, including of reserve driver, consumers cannot sue the company under UUPK or UULLAJ, but consumers can sue the company under Article 1365 of the Civil Code. Hence, author suggests the government should issue a government-controlled regulation regarding online transportation including reserve driver which could result in the provisions usage of the carrier responsibility in accordance to the UULLAJ by online transportation. Furthermore, online transportation company must provide legal protection to ensure legal certainty for consumers by releasing regulations and sanctions for drivers who lend their account to other driver.
KEDUDUKAN HUKUM BITCOIN SEBAGAI MATA UANG VIRTUAL DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG
Clara .;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v1i1.2215
Nowadays people rely on many things in order to do daily activity. As time goes by, global economy has changed and has had significant growth. The form of money has also changed, from only being available in the physical form, such as coins and banknotes, now we have the digital form of money, otherwise known as virtual currency. This paper discusses about the legal status of Bitcoin as virtual currency in Indonesia according to Law Number 7 of 2011 regarding Currency Law. The author examines the problem by using normative legal research methods with descriptive approach. The data was collected from secondary and primary data and is used as supportive research data. The collected data is analysed using qualitative method. The result of this research is the legal status of Bitcoin as virtual currency in Indonesia according to Law Number 7 of 2011 regarding Currency Law has not been regulated yet. Therefore, the government of Indonesia needs to make a specific regulation to regulate Bitcoin in Indonesia.
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN APARTEMEN LA CITY YANG TIDAK MEMPEROLEH UNIT APARTEMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
Achmad Fazrin;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v3i1.8894
Consumer disputes often occur besides consumers who do not understand their rights, also because of the position of consumers who do not meet the conditions where consumers are in a weak position. Apartments that accept customers do not accept apartment units that they buy, even though consumers receive approval as customers in good faith, the apartment units as agreed, then it belongs to PT Spekta Properti Indonesia apartments to the units. The formulation of the problem in this renewal is regarding business liability which is not submitted by the apartment unit to the customer based on law number 8 of 1999 concerning consumer protection. This writing uses legal research methods for academic purposes by requesting approval, the type of legal material used is primary legal material and is supported by secondary legal material namely interview data. The results of research on businesses undertaken are not responsible because consumers do not obtain apartment units that they buy, then based on Article 19 (1) UUPK which requires businesses to be responsible for consumer losses, compensation suffered by consumers based on Article 19 (2) UUPK. As a form of business accountability must submit apartment units purchased by consumers and comply with Article 19 (1) UUPK.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA TRANSAKSI DENGAN SISTEM PEMBAYARAN GO-PAY
Lusi Septiyati;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v2i1.5263
The development of technology, information and communication affects Indonesian people in making payment, one among which is using Go-Pay payment system. However, the system does not always work well because it is still prone of problems such as loss of balance during Go-Pay transaction. Legal protection for consumers using Go-Pay payment system is the problem to be discussed in the thesis. The research uses descriptive normative legal method, making use of secondary and primary data as the supporting data with legal approach. The research findings illustrate that consumers in Go-Pay payment system have no legal protection because GO-JEK does not provide compensation as provided for in Article 4 paragraph (8) of the Consumer Protection Law, Article 7 paragraph (6) of the Consumer Protection Law, Article 19 of the Consumer Protection Law, Article 43 of Bank Indonesia Regulation Number 14, item (3) of Go-Pay Terms and Conditions. It is suggested that GO-JEK should provide legal protection to its consumers by complying with regulations and carrying out its obligations to provide compensation.
Tanggung Jawab Perusahaan Pengangkut DHL Express Terhadap Pengiriman Barang dari Jakarta ke Malang ( Studi Putusan Pengadilan Nomor 733/Pdt.G/2017/PN.JKT.SEL.)
Chriesty Angeline;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v2i1.5246
In a transportation agreement, practice the rights and obligations of the parties are not always fulfilled, because during the process of shipping, sometimes it does not always went well, even there is the package disappearance cases. For example, a case that occurred between the DHL Express transport company and the sender Massayu Chairani who was disadvantage due to the loss of her package that the company agreed to delivered. How the company DHL Express responsibility of the shipping to the sender in transportation from Jakarta to Malang and How the District Court Decision Number 733 / Pdt.G / 2017 / PN.JKT.SEL regarding the responsibility of the shipping company DHL Express to the sender in transportation from Jakarta to Malang continue to make a discussion. The research method used is descriptive normative legal research method, using secondary data and primary data as supporting data with the law approach. The results of research illustrate that DHL Express does not give full responsibility to the sender and the results of judges' decisions that do not grant full compensation claims are also considered not in accordance with Article 91 KUHD and Law Number 22 of 2009 concerning Road Traffic and Transportation in Article 188 and Article 193 paragraph (1). It is recommended that DHL Express give full responsibility to the sender of the goods for transporting goods from Jakarta to Malang and should have a court decision can decide the case more carefully to grant full compensation claims.
AKIBAT HUKUM PEMBATALAN PERJANJIAN BOT (BUILD OPERATE TRANSFER) YANG DIBATALKAN SECARA SEPIHAK OLEH PEMEGANG HAK ATAS TANAH (STUDI KASUS : PUTUSAN N0. 97/PK/PDT/2017)
Vanny Aryanti;
Siti Nurbaiti
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara
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DOI: 10.24912/adigama.v1i1.2273
The investment activity has grown up rapidly in Indonesia. Indonesia needs to do some infrastructure developments. The goverments offers one of the investment to their people, in form of Build Operate Transfer Contract. Under a Build Operate Transfer Contract, an entity ussually a goverment grants a concenssion to a private company to finance, build, and operate a project. The private company usually operates the project for a time periode with the goal of recouping its investment, then transfers control of the project to the goverment. In Fact some contracts has been cancelled by one side, the landlord. One of them is the contract between PT Sarana Pembangunan Palembang Jaya and PT Tradeways International. The landlord accuses the investor to do his obligations without good intentions.This research method is normative. Impact form tort whose done by the landlord with using secondary data source and primary, secondary, and tertiary legal source. However, the cancellation of the contract by one side has not fulfilled all the elements that is containin Article 1266 Indonesian Civil Code. The consequences behind that is the landlord must pay the compensations.