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All Journal Indonesian Journal of Multidisciplinary Science RechtIdee LamLaj
Gunawan Djajaputra
Tarumanagara University
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

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Optimizing The Application of The Presumption of Innocence In Indonesia's Enforcement Against Terrorist Indra Miza; Eriyantouw Wahid; Gunawan Djajaputra
Indonesian Journal of Multidisciplinary Science Vol. 1 No. 3 (2021): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (152.542 KB) | DOI: 10.55324/ijoms.v1i3.39

Abstract

In the law enforcement against perpetrators of criminal acts of terrorism, protection of human rights must be prioritized even though the act constitutes an extraordinary crime which must be condemned regardless of the reasons and motives. The principle of presumption of innocence must also be upheld because the principle of presumption of innocence is a norm or rule that contains provisions that must be implementedby law enforcement officials to treat a suspect or defendant like an innocent person even though the evidence indicates the fault of a suspect or defendant. In the application of the presumption of innocence principle, law enforcers must really be able to implement it even though sometimes in the field implementation there are pro and contra when making decisions to take action against terrorists. Therefore, it is necessary to optimize law enforcement based on the presumption of innocence, both as stated in the Criminal Procedure Code (KUHAP) and the terrorism law so that law enforcement can prioritize the presumption of innocence and can avoid abuse of authority by law enforcement.
Legal Protection on Apartment Units’ Customers with PPJB When the Developer is Failed Hanafi Hanafi; Eriyantouw Wahid; Gunawan Djajaputra
Indonesian Journal of Multidisciplinary Science Vol. 1 No. 6 (2022): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (923.484 KB) | DOI: 10.55324/ijoms.v1i6.113

Abstract

The purpose of this study is to find out the legal protection regulations for buyers, the efforts that buyers of apartment units can take in the form of PPJB if the developer is declared bankrupt and how the law should give rights to the apartment buyers. Research on the above problems was conducted using qualitative methods. The type of research used is normative empirical by using approaches with methods of legal interpretation, legal construction, legal philosophy, legal history, and comparative law, as well as a legal pluralism approach. The data used in this dissertation research are primary and secondary and tertiary data which are analyzed objectively based on existing juridical references in order to obtain answers to the problems. Based on the research results from the problems above, it is concluded that there are several arrangements regarding the protection of buyers/consumers in Indonesian positive law, both from civil law, criminal law, customary law, and Islamic law. Buyers of apartment units can also sue in accordance with Article 3 of the UUK and PKPU, although the process must take a long time. The law should provide an update by adding a clause in the PPJB that objects being traded cannot be included in the bankruptcy budget.
Civil Liability For Breaches in Sale and Purchase Agreements and Their Impact on Consumer Protection Rifdhan Ismeth Nyandra; Gunawan Djajaputra
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.32142

Abstract

Sale and purchase agreements are among the most frequently used forms of engagement in various community activities, both for simple and high-value transactions. Although the Civil Code provides a clear legal basis, particularly regarding the parties' obligations and the consequences of default, practice shows that breaches of agreement still occur frequently and have a direct impact on consumer losses. In digital transactions, forms of default become more diverse due to technical factors, inaccurate information, and the presence of third parties, such as marketplace platforms. The classical legal framework in the Civil Code, including Articles 1238 and 1243, has not been fully able to answer the complexity of modern digital transactions. On the other hand, regulations such as the Consumer Protection Law, the ITE Law, and PP 71/2019 provide strengthening, but have not been systematically integrated with the concept of default. This research aims to fill this gap by analyzing civil liability for default in the context of conventional and digital transactions, using normative legal research methods, with a statutory and case approach. The results show the need for regulatory harmonization to strengthen consumers' position and provide legal certainty in the event of defaults, especially in transactions involving electronic technology and systems.
Effectiveness of Legal Responsibility and Evaluation in Breach of Contract Cases Kevin Putra Subagijo; Gunawan Djajaputra
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.218

Abstract

This study discusses the effectiveness of the application of legal responsibility to parties who commit default in judicial practice and out-of-court settlement. Default is a form of violation of the contents of the agreement that has been agreed upon by the parties, which can be in the form of not carrying out the performance at all, carrying out the performance not on time, or carrying out the performance not as it should be. In the Indonesian civil law system, provisions regarding default have been clearly regulated in the Indonesian Civil Code, especially in Articles 1234 to 1243 of the Indonesian Civil Code. This study uses a qualitative research method with a descriptive approach, which aims to describe and analyze the extent to which the application of legal responsibility to the perpetrator of default can provide effective legal protection for the injured party, both through the judicial process and alternative dispute resolution. The results of the study indicate that the success of enforcing legal responsibility depends on several factors, including the strength of the evidence, the bargaining position of the parties, and the active role of law enforcement officers and mediation or arbitration institutions. Thus, choosing the right dispute resolution path is key to ensuring justice and legal protection for parties who are harmed due to default.
Co-Authors Eriyantouw Wahid Hanafi Hanafi Indra Miza Kevin Putra Subagijo Rifdhan Ismeth Nyandra