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Sri Bakti Yunari
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN ATAS INFORMASI PADA LABEL GAS LPG (STUDI PUTUSAN PENGADILAN NEGERI BOYOLALI NOMOR 2/PID.SUS/PN.BYL) Winda Gadis Sukardi; Sri Bakti Yunari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8934

Abstract

Legal protection against consumers on the information on the gas labels of elpiji particulary the elpiji gas labels by CV. Berkat Ageng Suminar. Often in clean practice, elpiji gas on sale is not even on the menu in oplo, which has been a huge disservice to consumers on elpiji gas since the release of petroleum conversion policies into state-programmed elpiji gas. How does the legal protection against on the improper information of the gas labels elpiji, whether the court’s opinion No. 2/Pid.Sus/2017/PN.Byl related to consumer rights on information against the Consumer Protection Law No. 8 of 1999 . The research method used is normative juridical research by using secondary legal materials that are analyzed conclusively with a legal and case approach. Based on the analysis, legal protection of consumer in the Consumer Protection Law No. 8 of 1999 consists of compensation, compensation or restitution as stated in article 4 letter h, in addition to the right to seek advocacy in both courts and BPSK as a proper settlement effort as stated in article 4 letter e Consumer Protection Law No. 8 of 1999. Futher analysis of the content of district court ruling No. 2/Pid.Sus/2017/PN.Byl stands in conflict with article 8 letter a, b, and c that just about his endeavors can be convicted of criminal penalties and additional punishment of slave construction, judge judgments, payment of compensation, removal of employment. As a suggestion, more intensive coaching and surveillance of elpiji gas commercialized so that such cases would not happen again.
TANGGUNG JAWAB PELAKU USAHA TERHADAP APARTEMEN YANG TIDAK MEMENUHI SYARAT SERTIFIKAT LAIK FUNGSI MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NOMOR 553/Pdt.G/2016/PN.JKT.UTR) Monica Hendrawan; Sri Bakti Yunari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8925

Abstract

Apartment are one of many options that peoples choose to live in especially for peoples that live in capital city such as Jakarta. In the process construction of apartements, there are one requirements that must be completed, one of them is the Building Worthiness Certificate. Building Worthiness Certificate is a certifivate that issued by the regional government. In fact, there are still many apartements in Jakarta that didn’t fullfied the requirements, Robinson Apartment which was build by PT Putra Mas Simpati  is one of them. How is the responsibility of developer that didn’t fullfied the Building Worthiness Certificate requirement in the construction of Robinson Apartment and what are the legal consequences for developer that don’t have Building Worthiness Certificate (Contractual Liability). According to Law Number 9 of 1999 concerning Consumer Protection Article 28, developer should be liable for damages, however the compensation given is based o the decision of the Court Number 553/Pdt.G/2016/JKT.UTR apparently are not fulfilling or suitable. While to the law about Building Worthiness Certificate which is not fulfilled in the construction of Robinson Apartment by PT Putra Mas Simpati, according toLaw Number 20 of 2011 concerning Flats Article 107-108, developer may be subject to administrative sanctions. As a suggestion, more intensive guidance and supervision are needed for businesses that build apartment from the Regional Government and the Ministry of Public Works and Public Housing.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN (PENERIMA PINJAMAN) FINANCIAL TECHNOLOGY YANG BERBASIS PEER TO PEER LENDING DI INDONESIA Dita Tania Pratiwi; Sri Bakti Yunari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8911

Abstract

Financial technology based peer to peer services and loan lending is based on information technology, borrowed money but in practice the financial technology based peer to peer lending is much violations. As for the problems raised is how legal protection to consumer credit recipients of borrower unlawful act carried out by lenders financial technology based peer to peer, lending and how legal remedy that can be done by consumers received loans for unlawful act carried out by lenders financial technology based peer to peer lending in Indonesia. The methodology used normative. Research is the type of secondary law obtained analyzed in the prescriptive. The analysis, obtained implies that legal protection to consumer credit recipients fintech is to carry out the principles that set in POJK 77 /POJK.01/2016, perform consumer business and the industry and both during the online transaction. While judicial remedies that can be done by the consumer credit recipients may submit complaints to OJK, make a report to BPSK, consumers and filed a lawsuit in civil and criminal to court. As a suggestion needs to be strict regulations in terms of monitoring activities. fintech in Indonesia.
ANALISIS YURIDIS PELAKSANAAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PADA PT. PASIFIK AGRO SENTOSA Eric Vincent; Sri Bakti Yunari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8938

Abstract

Social and environmental responsibility activities are important in building the company's image and reputation, which in turn increases the trust of both consumers and business partners of the company. PT. Pasifik Agro Sentosa (PAS) itself is an agribusiness company engaged in oil palm plantations, sugar cane plantations, sugar mills and refined sugar industry. Specific regulations governing the implementation of social responsibility must be in line with the provisions carried out by PT. PAS is in accordance with article 3 paragraph 1 of Government Regulation Number 47 of 2012. Methodology uses empirical legal research (juridical empirical). Empirical law research is oriented towards primary data (research results in the field). Research specifications in the form of descriptive analytical research implementation of social and environmental responsibility of PT. Pacific Agro Sentosa. The results of the analysis of the authors that the implementation of social and environmental responsibility of PT. PAS by following the applicable laws and regulations of course also helps the government in terms of community empowerment, by building schools, polyclinics, and other institutions that are needed. Obstacles encountered were differences in understanding with the community and social jealousy from the community / village. In conclusion, the implementation of TJSL conducted by PT. PAS in accordance with article 3 paragraph 1 of Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies based on community empowerment. Suggestions from the author that there is a need to reduce TJSL in the form of charity.
UPAYA HUKUM PENYELESAIAN SENGKETA KONSUMEN APARTEMEN TERKAIT KETIDAKSESUAIAN LUAS SEMIGROSS UNIT DALAM PERJANJIAN PENGIKATAN JUAL BELI Adrian Winata; Sri Bakti Yunari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8917

Abstract

The development and marketing of the flat itself can be done by the state or by the developer, construction and marketing of the flat carried out by PT. Binakarya Citra Buana had harmed Mr. Erison and the consumer ended up with a lawsuit. Is the decision of the West Java High Court Number. 190 / PDT / 2018 / PT.BDG is against the Consumer Protection Law Number. 8 of 1999 concerning the extent of agreed non-compliance and what efforts can these consumers do to take back the rights of those who have been harmed by the developer? The research method used is normative juridical research using secondary legal materials that are analyzed conclusively with a legal and case approach. Based on the results of the analysis it is proven that the court's decision is not in accordance with the Consumer Protection Law Number. 8 of 1999 and legal remedies submitted by consumers are not in accordance with the Consumer Protection Act. Legal remedies to be done by Mr. Erison must consult with a legitimate consumer protection body before filing a lawsuit in court. Based on the results of dining research it has been proven that Pt. Binakarya Citra Buana has violated several provisions contained in the Consumer Protection Act, As a suggestion there needs to be a socialization about the rights and obligations of consumers as well as a socialization about the existence of Institutions and Consumer Protection Institutions.
ANALISIS YURIDIS WANPRESTASI DALAM KASUS JUAL BELI MATERIAL BESI DAN SENG: Juridical Analysis of Breach of Contract in the Case of Sale and Purchase of Iron and Zinc Materials Ajie Dharmaputra; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21146

Abstract

The sale and purchase agreement that ended in a lawsuit for breach of contract occurred because one of the parties did not fulfill its obligations. The problem in this paper is the implementation of agreement between PT AS and PT HM reviewed from the applicable provisions and the method of resolving the breach of contract in court. For the finding results and conclusion in this case, PN Tangerang won PT HM, while PT Banten won PT AS. The Supreme Court confirmed the decision of PT Banten. Obtained is that the agreement is valid and binding even though it was not made in writing. In its implementation, PT AS has fulfilled its duty, while PT HM has not fulfilled its duty or is in breach of contract. The type of breach of contract committed by PT HM is carrying out what was promised, but not completed. The action of PT HM in refusing to comply with court decision and submitting a PK using falsified evidence shows that PT HM has violated the principle of good faith and can be charged with a civil lawsuit (PMH) and a criminal lawsuit (fraud / embezzlement / default and falsification of documents).
STATUS DAN KEDUDUKAN USAHA MIKRO DAN KECIL SETELAH TERDAFTAR SEBAGAI PERSEROAN: The Legal Status and Position of Micro and Small Enterprises After Registering as a Sole Proprietorship Corporation M. Pasha Arifin Nusantara; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21611

Abstract

The government through Law Number 11 of 2020 concerning Job Creation as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law seeks to encourage ease of doing business, one of which is ease of doing business MSEs. The legal issues in  this article are: 1) what is the status and position of an MSE company according to the concept of a sole proprietorship based on the Job Creation Law? 2) what are the responsibilities of the founders and shareholders of the legal entity status towards MSEs for a sole proprietorship company? The research in this thesis is a normative research. The research was conducted using qualitative analysis with deductive conclusions drawn. The result and conclusion of this study is, namely for companies that have legal status, have the status of a legal entity, and their position in the running of the company can use one tier board or multiple boards. The founders and managers of individual companies, there is protection in the form of limitations of responsibility, but if it is carried out without good faith.
ANALISIS YURIDIS TERHADAP PENERAPAN SISTEM SHOP PADA TIKTOK: Juridical Analysis Of The Implementation Of The Shop System At Tiktok Diouf Dihyan Gantari Munif; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21613

Abstract

Based on Law No. 11 of 2008 concerning ITE, social commerce, which is a combination of social media and e-commerce, is prohibited from facilitating payment transactions on electronic systems. This prohibition applies to platforms such as TikTok and Tokopedia. This study aims to examine the formulation of the problem regarding the implementation of the Shop system on TikTok as social media and Tokopedia as e-commerce according to legal regulations in Indonesia, as well as the obstacles that arise. Using normative legal methods and descriptive approaches, secondary data are analyzed qualitatively and concluded with deductive logic. The results of the research and discussion show that the TikTok Shop system violates Article 21 paragraph (3) of Permendag 31 of 2023 concerning Electronic System Organizers for Trade (PPMSE), because it continues to facilitate payment transactions through its electronic system, which should be prohibited according to applicable regulations
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN OLEH PERUSAHAAN CHANDRA ASRI PACIFIC TERBUKA DI WILAYAH CILEGON PROVINSI BANTEN: Corporate Social and Environmental Responsibility by Chandra Asri Pacific Public Company in Cilegon Area Banten Province Hana Muthiah Salsabilah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 7 No 1 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i1.21963

Abstract

Social and Environmental Responsibility of the Company as stipulated in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, in its application there are many obstacles, including Social and Environmental Responsibility carried out by PT Chandra Asri Pacific Tbk. The main problems discussed, whether the implementation of social and environmental responsibility by PT Chandra Asri Pacific Tbk is in accordance with Indonesian laws and regulations, and what are the obstacles in the implementation of social and environmental responsibility. The research method in this study uses normative research type and uses secondary data support through literature study and interviews, qualitative analysis is carried out with deductive conclusions. The results and conclusions of this article are the implementation of Social dan Environmental Responsibility carried out by PT Chandra Asri Pacific Tbk has been implemented through various programs both in the social and environmental field, in practice there are also obstacles in the implementation of Social and Environmental Responsibility by PT Chandra Asri Pacific Tbk, namely in the form of juridical and non-juridical obstacles.
TINJAUAN YURIDIS TERHADAP BERAKHIRNYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PT.BUANA CHANDRA MANDIRI OLEH PT. GAJAH MAS MULIA: Judicial Review The End Of Posponement Debt Payments Obligations to PT. Buana Chandra Mandiri by PT.Gajah Mas Mulia Raffee Denli Ramiro; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23016

Abstract

A PKPU debtor is a debtor who delays debt repayment until able to settle matured obligations, has at least two creditors, and can be petitioned for PKPU by themselves or by a creditor. A concluded PKPU may lead to bankruptcy, as in the case of PT. Buana Chandra Mandiri under Supreme Court Decision Number 41K/Pdt.Sus-Pailit/2024 upon the petition of PT. Gajah Mas Mulia. This study employs a normative juridical and descriptive method using a qualitative approach. In this case, the end of PKPU caused PT. Buana Chandra Mandiri’s assets to be transferred as bankruptcy assets. Conversely, the PKPU petition by PT. Gajah Mas Mulia was rejected by the Surabaya Commercial Court due to insufficient assurance of repayment. The identified problem in this study is the inconsistency between the court’s decision and the provisions of the Bankruptcy and PKPU Law, particularly Articles 268, 280, 281, and 289, as the peace proposal was denied and the voting process failed to meet quorum. Based on the results and conclusion of the study, it is concluded that the judges’ ruling in this case contains legal errors and is considered an obscure libel, thus not in accordance with bankruptcy law principles.
Co-Authors Adinda Intan Amara Dewi Adrian Winata Aime Qothrunnada Fabian Ajie Dharmaputra Alya Nabita Az-zahra Diouf Dihyan Gantari Munif Dita Tania Pratiwi Eric Vincent Hana Muthiah Salsabilah Ifsaa Aaliya Saheera Irindita Tiarasari M. Pasha Arifin Nusantara Mahdaniah Malaka Hirarki Rajasa Monica Hendrawan Muhammad Eka Anugra Muhammad Farrell Raffee Denli Ramiro Rais Zaidan Rizqullah Richo Andriyanto Victor Alexander Sewu Winda Gadis Sukardi