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All Journal Jurnal Hukum Adigama Literacy : International Scientific Journals of Social, Education, Humanities
Kelly Kelly
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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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

Abstract

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.
UPAYA YURIDIS MEMPERKECIL DISPARITAS PUTUSAN Kelly Kelly
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.v3i2.10607

Abstract

A difference in the imposition of punishment on a decision is something that has happened for a long time, this cannot be eliminated completely. The difference in the imposition of penalties for cases of similar or equal seriousness and then without clear reasons is called disparity. Therefore, the disparity in the judges' decisions can give the convict and the outside community a sense of being unfair. Various kinds of theories about justice from several experts spread in society. Although regarding justice it cannot be answered with the provisions of the measure to determine fair or not, because true justice belongs to God. So that the disparity decision results in an unsatisfactory decision and becomes a relative formula. Until justice is submitted to the judge who is considered to be able to give a decision in accordance with the sense of justice that lives in society. The formulation of the problem is how to reduce the disparity in criminal decisions. The research method used is normative. By using data collection techniques, namely literature study and also conducting interviews. Then the results of this study indicate that the disparity in verdicts cannot be eliminated altogether, but efforts can be made to minimize the disparity in criminal decisions.
Juridical Analysis Of Unregistered Kaveling Land Transactions In Batam City Kelly Kelly; Erniyanti Erniyanti
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1679

Abstract

Unregistered kaveling land creates legal uncertainty for parties involved in buying and selling transactions. Without a certificate, the legal ownership status of the land remains unclear. Based on the discussions in this thesis, the issues addressed are: 1) Legal Regulations of Unregistered Kaveling Land Transactions. 2) Implementation of Unregistered Kaveling Land Transactions. 3) Constraints and Solutions for Unregistered Kaveling Land Transactions in Batam City. The research method employed is empirical legal research with a qualitative approach. The approaches used include statute approach and conceptual approach. Primary data was obtained through in-depth interviews. The research findings indicate that specific legal regulations governing transactions of unregistered kaveling land are not clearly defined in the law. Nevertheless, land transactions in Indonesia are governed by various regulations, including the Civil Code, Law No. 5 of 1960 on Basic Agrarian Principles, and Government Regulation No. 18 of 2021 concerning Amendments to Government Regulation No. 24 of 1997 on Land Registration. However, there are relevant regulations that also govern aspects related to land transactions in Indonesia. Constraints in the practice of unregistered kaveling land transactions in Batam City include lack of knowledge or understanding among the public regarding land certificate application procedures. The public often perceives sporadic possession letters or Location Determination Maps (PL) as sufficient evidence of legitimate ownership.
Co-Authors Erniyanti Erniyanti Felix Felix Fuji Astuty Mariske Myeke Tampi Ricky Pranata Robby Robby