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ANALISIS TEORI KEADILAN DALAM KONTRAK KERJA KONSTRUKSI DAN ASPEK PENYELESAIAN SENGKETANYA Mariske Myeke Tampi
Refleksi Hukum: Jurnal Ilmu Hukum Vol 9 No 1 (2015): Jurnal Refleksi Hukum
Publisher : Universitas Kristen Satya Wacana

AbstrakKontrak jasa konstruksi disusun oleh penyedia jasa konstruksi dan pengguna jasa konstruksi (sektor swasta atau pemerintah). Seringkali persiapan kontrak kerja konstruksi dilakukan secara tidak seimbang karena kontrak disiapkan oleh salah satu pihak, yaitu penyedia jasa konstruksi. Oleh karena itu, kontrak kerja konstruksi yang dikaitkan dengan teori keadilan oleh John Rawls menjadi issue yang menarik. Dalam artikel ini, penulis akan menelaah keseimbangan yang seharusnya ada dalam kontrak kerja kontruksi yang seharusnya diwujudkan oleh kedua pihak dalam menyusun kontrak kerja kontruksi.Selanjutnya juga akan dianalisis mengenai penyelesaian sengketa dari sudut pandang hukum perdata. Penyelesaian berdasar hukum perdata merupakan sesuatu yang masuk akal mengingat pada dasarnya, issue yang diselesaikan adalah wanprestasi. AbstractConstruction service contracts are concluded by and between the service provider (providers of construction services) and the service user (private or government). Frequently, the preparation of construction contracts are unequal because the contract has already been prepared by one party (service user). Therefore, it is an interesting issue to associate unequal construction contracts with the theory of justice promoted by John Rawls. In this article, the author will examine the balance that should exist in the construction contract that should be realized by both parties in the contract. Later on, the resolution of the dispute emerging from construction contract will also be analyzed from the civil law perspective. Dispute settlement based on civil law is basically appropriate considering that at the last resort, the relevant issue is breach of contract.

TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN MENGENAI PENJUALAN PRODUK MAKANAN YANG TIDAK BERLABEL HALAL MENURUT UU NO 8 TAHUN 1999 Egy Pratama; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17004

Indonesia is a country with a majority Muslim population. Food is one of the most necessary needs for humans to survive so that everyone is expected to pay more attention to the food products that will be consumed. In Islamic teachings there is an order to consume halal food and a prohibition to consume food that is haraam. Halal products are products that meet the requirements of halal in accordance with Islamic law ranging from the substance, the process and storage and presentation. This study aims to find out a juridical review of Consumer Protection regarding the sale of food products that are not labeled halal according to Law No. 8 of 1999. Consumer protection guarantee against the circulation of halal-labeled food products is guaranteed according to the prevailing laws and regulations and products labeled officially halal has provided a guarantee of legal certainty against the halal product itself which can be seen from the authority given by the government to MUI and BPJPH.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PEMBATALAN SEPIHAK TRANSAKSI JUAL BELI OLEH PT SHOPEE INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (KASUS: IBU MAYA DI TAHUN 2018) Verren Andreas; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10597

Conventional buying and selling transactions have updated online buying and selling transactions, ranging from transactions between business actors and consumers from direct transactions to indirect transactions. Shopee is an online buying and selling site that is starting to develop in Indonesia. Consumers have rights that have been guaranteed by Shopee and the Government through laws or electronic contracts, but cases of consumers who are harmed still repeatedly occur in these electronic transactions. The formulation of the problem in this update is legal protection for consumers who suffer losses due to the cancellation of unilateral buying and selling transactions by PT Shopee Indonesia based on Law Number 8 of 1999 concerning Consumer Protection. The author in answering these problems uses normative legal research methods. The type of material that the author uses is primary data, secondary data, namely interview data and tertiary data. The results of the research on consumers who were harmed due to the unilateral cancellation of online buying and selling because Law Number 8 of 1999 concerning Consumer Protection has not clearly processed purchases virtually or online.

PERTANGGUNGJAWABAN INFLUENCER DALAM PEMBUATAN KONTEN PENGIKLANAN MELALUI SOCIAL MEDIA YANG MENGANDUNG INFORMASI PALSU (CONTOH KASUS KARTIKA PUTRI DAN DR. RICHARD LEE). Sergio Solaiman; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17874

We often encounter advertising practices through social media, this can be in the form of a practice we know as endorsement, but it is not uncommon that endorsements made by influencers contain false information. Of these cases, why are the influencers who assist the endorsement process rarely penalized while they participate in the process of advertising a product that harms consumers? The author examines the problem by using normative research methods. The research data shows that there are weak clauses in the UUPK that do not clearly define who is meant by advertising business actors, and what form of concrete responsibility is the advertising business actors. This weakness results in most endorsements containing false information leaving the influencers and endorsers free from sanctions and only focusing on the producers of the goods or services. As in the example of the case when endorser promoting beauty and cosmetic products to her followers on Instagram, but further investigation has proven that the product contains toxic and dangerous ingredients and requires a doctor's prescription to be able to use it. The results of this study indicate the need for an element of caution for endorsers and influencers against endorsement offers that do not have a license, both in their products and businesses, by doing so they will not be penalized. It is recommended that further regulation of advertising content on social media is needed so that there is differentiation of responsibilities of endorsers and influencers according to their actions and caution.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN KORBAN KARTEL PRODUSEN KENDARAAN BERMOTOR YAMAHA-HONDA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS PUTUSAN NOMOR 04/KPPU-I/2016) Wahyu Alisa Putri; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10583

Competition in business is a common thing experienced by business actors, especially when healthy competition will have a positive impact and benefit consumers. Conversely, if it is done unhealthily and monoplically, it will have a negative impact that can harm consumers. One of the cases of unfair competition handled by the KPPU was the case of the Yamaha-Honda motorcycle cartel in the case of Decision Number 04 / KPPU-I / 2016. The decision is deemed not to protect consumers because the KPPU determines compensation to the state,not to consumers as the party who is injured by the cartel. KPPU does not have the function of protecting consumers for cartel victims because legally it is not under the authority of the KKPU, but under the authority of BPKN regarding consumer protection issues. The separation of the legal rules regarding business competition and consumer protection which results in the limitation of the KPPU's authority to be unable to carry out tasks beyond its authority, except those that have been regulated in law. The compensation mechanism for victims of the Yamaha-Honda cartel is through class action lawsuits and citizen lawsuits. However, this lawsuit is quite difficult to carry out because it reflects on the consumer's lawsuit in the case of decision Number 526 / Pdt.G / 2019 / PN.Jkt.Pst, of which many of the claims were broken due to difficulties in proving the losses suffered by each consumer.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG DIRUGIKAN AKIBAT PENIPUAN OLEH PT GRAB TOKO INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (KASUS: DESTY NURCAHYANI DENGAN PT GRAB TOKO INDONESIA DI TAHUN 2020) Tamar Lidya Anggaristi P.P; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13636

The world is currently undergoing changes, where currently all use online-based information technology. Starting from learning activities, working, playing to shopping. In modern times like today, most people have switched from shopping in conventional markets to shopping online through ecommerce or marketplaces. In the midst of sophisticated technological conditions, it is possible to fulfill all needs through e-commerce, because almost all primary or secondary human needs are available in it. The advantage of transacting online is that it is easier, faster and more practical. But besides the advantages, shopping online certainly has a weakness, namely, we cannot see the goods directly before buying, the goods that have been ordered reach the consumer in a damaged condition due to online shipping expeditions, and fraud is often committed by business actors against consumers or buyers . So if there is a dispute between business actors and consumers, legal protection efforts are needed for consumers who are harmed or experience fraud with the aim of fulfilling their rights as consumers and business actors are required to carry out their obligations in accordance with applicable laws and regulations.

PERLINDUNGAN HUKUM TERHADAP INVESTOR PEMEGANG SAHAM PADA EMITEN DITINJAU DARI HUKUM KEPAILITAN DAN HUKUM PERSEROAN TERBATAS (STUDI KASUS NO.4/PDT.SUS.PEMBATALAN PERDAMAIAN/2019/PN.NIAGA.JKT.PST JUNCTO NO.1/PK/PDT.SUS-PAILIT/2020) Fernando Chandra; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10989

The capital market has a function as a means of financing that brings together investors as parties who have more funds with issuers, namely those who are in need of funds. The object that becomes an instrument in buying and selling activities on the capital market is in the form of securities which are often called securities. Legal protection for investors still has many weaknesses, both juridically normative and empirical. The number of regulations and legal regimes involved in the company bankruptcy event creates legal uncertainty for investor protection. Considering the failure of regulators to observe developments that occur or not adapting quickly to rapid developments, investors may abandon the capital market in Indonesia. In order to achieve the objectives of the capital market, namely to meet the needs of business players' funds, a legal protection mechanism is needed that can make potential investors feel safe investing in the capital market. Both the UUPM, UUPT and UUKPKPU regimes have provided an opportunity for capital market players, especially investors, to save their assets when bankruptcy occurs.

TINJAUAN TERHADAP PENJUALAN KOSMETIK ILEGAL/TANPA IZIN BERDASARKAN UNDANG-UNDANG NOMOR 8 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS: PUTUSAN NOMOR 186/PID.SUS /2018/PN PTI) Anju Syafana Ananda; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13650

Thoughts of the Panel of Judges in viewing and selecting cases in the crime of illegal/unlicensed demonstration of selling makeup in Choice Number 186/Pid.Sus/2018/PN.Pti, especially from a juridical and non-juridical perspective. The juridical perspective is the thought of the Panel of Judges, which considers the position, indictment and request of the examiner, witnesses, evidence and facts in the preliminary interaction. Meanwhile, the non-juridical reflection by the Panel of Judges included the basis of the plaintiff's activities, the results of the respondent's activities, the social and monetary conditions of the plaintiff and the strict components of the plaintiff. It was these two reflections that decided the Panel of Judges to select/enchant the plaintiffs. Thoughts of the Panel of Judges in viewing and selecting cases in the crime of selling makeup illegally/without permission in Choice Number 186/Pid.Sus/2018/PN.Pti, especially from a juridical and non-juridical perspective. The juridical perspective is the thought of the Panel of Judges, which considers the position, indictment and request of the examiner, witnesses, evidence and facts in the preliminary interaction. Meanwhile, the non-juridical reflection by the Panel of Judges included the basis of the plaintiff's activities, the results of the respondent's activities, the social and monetary conditions of the plaintiff and the strict components of the plaintiff. It was these two reflections that decided the Panel of Judges to choose/enchant the plaintiffs.

TANGGUNG JAWAB PENJUAL DALAM TRANSAKSI JUAL BELI ONLINE DITINJAU DARI HUKUM PERDATA (CONTOH KASUS: PUTUSAN NOMOR 183/PDT.G/2018/PN MDN) Kelly Kelly; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17888

Buying and selling between buyers and the Elipa Store throught the WhatsApp application can be considered valid as long as it fulfills the legal requirements of an agreement as regulated in article 1320 of the civil code. In a sale and purchase agreement, the parties must carry out their respective achievements that they have promised in the sale and purchase. If the seller does not carry out his achievements, how is the seller’s responsibility in online buying and selling transactions in terms of civil law (case example: decision number 183/Pdt.G/2018/PN Mdn)? in this paper, the author uses a normative approach by examining various existing library materials and also the results of interviews. In this example, the seller does not carry out his achievements in the form of submitting and delivering what has been ordered and paid for by the buyer, so the seller is considered to have defaulted. Not only that, in this study the author also found that in addition to default, the seller had also violated article 63 paragraph (1) of PP PMSE. With the loss arising from the seller’s actions, the seller must be responsible for his actions to bear all sanctions in accordance with the violations stipulated in the civil code and PP PMSE.

TINJAUAN YURIDIS PELAKU USAHA DI BIDANG KULINER YANG TIDAK MEMBERIKAN INFORMASI HARGA DITINJAU DARI ASAS PERLINDUNGAN HUKUM Leonardo Leonardo; Mariske Myeke Tampi
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12027

Consumer protection is regulated in Law no. 8 of 1999 concerning Consumer Protection. Article 7 paragraphs (2) and (4) contain the obligations of business actors in carrying out business, as an effort to protect consumers, but this has not been achieved optimally, it can be seen in the phenomenon of business actors in the culinary sector that do not include prices in their food and beverage lists. which then causes losses to consumers because the price charged is unreasonable or excessive. Legal protection for consumers who are victims of such practices is still questionable. Seeing the many cases that have sprung up that have been found on social media, in which cases after getting considerable public attention, the local government then takes action against business actors with sanctions in the form of reprimands to closure, creating a situation where legal certainty and clarity is not created. because it is still unclear whether the practice of not including the price of food and drinks and then charging subjectively based on the willingness of the business actor is an act that is prohibited or not

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