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Government Responsibility in The Management of Natural Resources for The Protection of Economic, Social, and Cultural Rights in The Balaesang Region Saly, Jeane Neltje; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46816/jial.v1i1.19

Abstract

There are two aims of this paper: first to analyze the responsibility of the government in the commitment to protect the rights of indigenous and tribal peoples in natural resource management activities; secondly, to analyze the implementation of government responsibilities in mining management in relation to the rights of indigenous and tribal peoples in enjoying their rights in the ecosystem, such as the environment. The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District. The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally. Implementation of government responsibility in mining management is related to the right of customary law community in enjoying the environment has not been optimally done. From the case of Balaesang Tanjung Donggala, it is envisaged that local governments ignore the rights of indigenous and tribal peoples in enjoying a healthy environment.
IMPLEMENTASI PENGATURAN UNITED NATIONS FRAME WORK CONVENTION ON CLIMATE CHANGE 1992 Jeane Neltje Saly
Jurnal Ilmu dan Budaya Vol 32, No 23 (2010): Vol. 32, No 23 (2010)
Publisher : Universitas Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47313/jib.v32i23.23

Abstract

United Nations Framework Convention on Climate Change 1992 (UNFCCC) isthe grand rules of implementation of each country to handle an environmental change in connecting with global warming, especially difining a policy problem in a way that was particularly helpful to policy makers.
PERLINDUNGAN HUKUM KONSUMEN DALAM TRANSAKSI JUAL BELI MELALUI MEDIA SOSIAL INSTAGRAM MENURUT UU NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Kasus Reza Vs @Grosir_Olshop799) Melya Stephani; Jeane Neltje Saly
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.v3i1.9086

Abstract

The purpose of this study is to determine the legal protection of consumers in online buying and selling transactions via social media Instagram associated with the sale and purchase of a sofa bed between Reza and @ grosir_olshop799 and to find out what legal remedies consumers can take if the seller is buying and selling online via social media. Instagram defaults on. The type of research used by researchers in this study is the normative juridical research method using the Statute Approach and the Conceptual Approach. Types and data collection techniques used are secondary and tertiary legal materials. The data analysis technique used in this study is a qualitative legal material analysis technique or method. The results showed that: (1) The legal protection of consumers in online buying and selling transactions through social media Instagram is associated with the sale and purchase of a sofa bed between Reza and @ grosir_olshop799 contained in UUPK No.8 of 1999; and (2) Legal remedies that can be taken by consumers if the seller in an online buying and selling transaction through Instagram social media defaults in the case of Kang Reza with @ grosir_olshop799 where there is a criminal case of fraud and threats so that the injured consumer can report to the police until he can enter the investigation stage.
AKIBAT HUKUM TERHADAP PELAKU USAHA YANG MELAKUKAN PENGOPLOSAN AIR MINUM DALAM KEMASAN YANG MENGAKIBATKAN KERUGIAN BAGI KONSUMEN DITINJAU UU NOMOR 5 TAHUN 1999 MENGENAI LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DAN UU NOMOR 8 TAHUN 1999 MENGENAI PERLINDUNGAN KONSUMEN (KASUS PENGOPLOSAN AIR MINUM DALAM KEMASAN TAHUN 2017 ) Hanna Margareth; Jeane Neltje Saly
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.v4i2.13589

Abstract

Community economic activities in particular are growing rapidly. Economic development covers several aspects of life in society , namely aspects of culture that are material in nature and rapidly changing and social changes in the economic field which include changes in society to meet various needs in life. One of the needs of people's lives that has an important role is the need for clean drinking water. Community life in the midst of busy activities that have taken up a lot of time and energy requires every individual to maintain good body health. Water is the largest body component and maintains the function of various organs of the human body. Adequate body fluids become very important to be maintained and noticed. Humans need quality drinking water, they need air that is safe for the body and humans are required to drink at least 2 liters of water a day. If there is a lack of water in a person's body, then humans will experience dehydration and lack of fluids in their bodies. Therefore, air has the most important role for humans to survive .
PERTANGGUNGJAWABAN BANK DALAM MEMBERIKAN GANTI RUGI TERHADAP NASABAH ATAS RISIKO OPERASIONAL (CONTOH KASUS PADA PT BANK MANDIRI) Sofwatun Nida; Jeane Neltje Saly
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.v3i2.10592

Abstract

In the current era of globalization, banks are one of the financial institutions entrusted by customers in saving their assets. In carrying out its activities, banks must comply with the rules and principles stipulated in Act Number 10 of 1998 concerning Amendments to Act Number 7 of 1992 concerning Banking. There are many phenomena that occur between banks and customers, one of which is the application of weak prudential principles, such as disruption of the bank system that causes changes in customer balances, there are some customers whose balances have increased and there are also customers whose balances have decreased, causing losses to customers. From this issue, what will be discussed is how the accountability of the bank to the injured customer with the aim of knowing what the customer should do if he feels aggrieved by the bank, and to know what can and should not be done by both parties. If the bank is proven to have committed an activity that caused losses to the customer, the bank is obliged to be responsible for and for damages.
TANGGUNG JAWAB PT GOJEK INDONESIA DALAM PENGIRIMAN BARANG KONSUMEN DARI SEGI UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI KASUS KURIR GOJEK MEMBAWA LARI SMARTPHONE TAHUN 2017). Lidya Fazriani; Jeane Neltje Saly
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (781.628 KB) | DOI: 10.24912/adigama.v2i2.6913

Abstract

Shipping goods using postal expedition services is a conventional thing in the modern era. Short-distance shipping is currently being replaced more by online shipping services, such as Gojek. Gojek Indonesia offers Go-send items for people who want to send. But in line with that, the weakness of law and material in the regulation of Gojek policy resulted in the lack of implementation of legal certainty. This paper was prepared to be able to answer how accountability is given to users of Gojek Services in Indonesia and what forms of compensation provided by Gojek for claim of loss of goods that occur in Go-send services fered. This paper aims to provide a description of the right of users and the obligation that must be fulfilled by Gojek itself and explain the forms of compensation made by the gojek as a form of accountability for complaints of the use of Go-Send services. The method used is a normative legal research method that is supported by a legal approach, an analytical and conceptual approach, and a case approach. The final result of the preparation of this jurnal is the responsibility given to consumers for the loss of goods in the services offered by providing compensation and forms of compensation that are judicially determined as competation in the form of money as a form of nominal liability and compensation through shares or similar items.
TANGGUNG JAWAB PLATFORM E-COMMERCE DAN MERCHANT TERHADAP KONSUMEN DARI PEREDARAN KOSMETIKA TANPA IZIN EDAR (CONTOH PUTUSAN NOMOR 142/PID.SUS/2020/PN.JKT.BRT) Felicia Ade Putri; Jeane Neltje Saly
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.v3i2.10598

Abstract

The rise of cosmetics distribution in Indonesia, has a good and bad impact on consumers.  In this modern era, cosmetics can also be circulated via the internet, one of which is through e-commerce platforms.  So that business actors in the e-commerce platform or it can be called merchants can distribute cosmetics even though they do not have a distribution license from the authorized agency.  Cosmetics without distribution permits can be distributed through the e-commerce platform freely, without requiring a permit as stipulated by the minister or BPOM.  For example, use Decision Number 142/Pid.Sus/2020/PN.Jkt.Brt, where merchants who distribute cosmetics without distribution permits through several e-commerce platforms in Indonesia.  But what about the responsibilities of e-commerce platforms and merchants as business actors because they have harmed consumers by distributing cosmetics that do not have a distribution license.  The purpose of this study is to find out more about the responsibilities of e-commerce platforms and merchants.  In order to answer these problems, a normative research method is used and uses two approaches, namely the statutory approach and the case approach, with deductive analysis techniques.  The results of this study indicate the need for strict supervision of cosmetics circulating through the e-commerce platform circulated by merchants as business actors providing products to consumers.
ANALISIS PENERAPAN KONSEP GOING CONCERN SEBAGAI SARANA PERLINDUNGAN KONSUMEN DALAM PERKARA KEPAILITAN (Studi Putusan Nomor 77/PDT.SUS-PKPU/2020/PN.Niaga.Jkt.Pst) Maurizka Ananda Putri; Jeane Neltje Saly
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.v4i1.10845

Abstract

A business actor's dispute to a consumer arises when the business actor does not give the agreed consumer rights, the business actor does not have good faith and is dishonest to the consumer which causes the consumer to suffer losses. In addition, there is a bankruptcy decision imposed on business actors based on the Law on Bankruptcy and Postponement of Debt Payment Obligation Number 37 of 2004 which makes the business actor (bankrupt debtor) not entitled to his assets, then the assets will be managed by the curator. This situation makes consumers more disadvantaged because consumers are concurrent creditors whose repayments are carried out the last after preferred creditors and separatists. In the settlement of bankruptcy assets, generally confiscation and auction of bankrupt assets are carried out, however the going concern option or business continuity can provide a large portion of the protection of consumer rights which tends to be neglected. Going concern is a term commonly used in the accounting sector related to the financial statements of a company (entity) made by public accountants in a professional manner, in terms of going concern business practice it is used as a parameter in estimating the ability of an entity to maintain its business activities. within a certain period stipulated in Article 104 of the bankruptcy law. By implementing a going concern in bankruptcy, it can guarantee the fulfillment of consumer rights for apartment buyers.
TANGGUNG JAWAB HUKUM PELAKU USAHA TERHADAP TRANSAKSI PEMBELIAN BARANG ADANYA CACAT TERSEMBUNYI OLEH KONSUMEN (Studi Putusan Nomor Perkara 77/PDT/2018/PT.DKI) Eveline Wijaya; Jeane Neltje Saly
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.v4i1.10850

Abstract

Transportation is a very important means for human life. There is a consumer buying interest in vehicles to meet their needs a day, which makes it easier tomovefromoneplacetoanother. In fact, the sellers in marketing or selling their products provide information in such a way as if the car sold has met the standards without any hidden defects or other shortcomings, thus encouraging consumers to buy based on trust alone. In this paper there are problems that will be discussed, namely how the legal responsibility of businesses against the existenceofhiddendefectsinthe goods sold and how dispute resolution steps that can be taken by consumers if harmed by the purchase of hidden defective goods. Legal settlements taken to resolve cases of hidden defects as a result of legal relationships between businesses and consumers as legal subjects of the parties to trade agreements in which the appropriate legal mechanism is through arbitration channels. The author hopes that businesses are obliged to refund the price of goods purchased by consumers and the appropriate legal mechanism is through arbitration because the settlement path the parties can determine for themselves the place of legal settlement and who will be the arbitrator and what solutions each party wants.
ANALISIS YURIDIS PERTANGGUNGJAWABAN HUKUM PENYELENGGARA PERDAGANGAN MELALUI SISTEM ELEKTRONIK TERHADAP BARANG YANG TIDAK SAMPAI Gabriel Gloria; Jeane Neltje Saly
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.v3i2.10599

Abstract

The marketplace as an organizer of trade through an electronic system is a forum that bridges by providing convenience for online buying and selling activities. This study aims to determine the legal relationship between the parties involved in buying and selling activities and to find out how the accountability of trade organizers through electronic systems for goods that do not arrive. This type of research used in this research is normative legal research. The legal relationship in buying and selling is a continuous and mutually sustainable relationship because they need each other. In the event that an order does not reach the marketplace as a trade organizer through an electronic system is not responsible because he will be responsible if the loss arises from services used such as hacked data, then to obtain legal certainty the consumer can appoint another appropriate party, namely the merchant to be held accountable. compensation.
Co-Authors a, Diana Abror, Rivat Maliqisyah Afriana Sulastri Murni Ahmad Redi, Ahmad Aisha, Salma Alam Wibowo, Richard Jatimulya Aldea Ilyasa Ahyar Aldo Evander Wijaya Alwido Apriono Amad Sudiro, Amad Angela Feblitania Emmanuella Hutauruk APHA, Journal Manager April, Jerica Apriono, Alwido Arifin, Alfredo Juniotama Ariqah, Nailah Arkeisya, Mochammad Raka Aulia, Riska Baramul, Christian Julius Ottofordtinatus Beale, Aurelius Steven Bimo, Anthonio Bobbie Khoman Bryan, Hanz Budiman, Sitti Nabila Yusri Cahyadi, Silvia Chandra, Juan Benedict Chiesa, Davina Christian, Juttah Clarosa, Vivian Cristy, Michele Angeline Davinia, Sonya Dinda Maulida Effendi, Kevin Noble Eveline Wijaya Febriyanti, Valentina Felicia Ade Putri Ferdinandus, Nathanael Fernando Junio Gillardo Gabriel Gloria Gabriele Amelia Christie Gea, Lenggo Anastasia Briliant Gorga, Alexander Kevin Hanna Margareth Hartman, Reynaldi Hermawan, Vincent Hezron, Alessandro Christoper Max Hidayat, Erika Maharani Immanuel S, Maurend Benaya Jayanto Jayanto Joshua, Mishael Juventia, Donabella Kansil, Christine S.T. Khoiroh, Aimmatul Kirana, Adelia Nindya Lesmana, Idham Putra Lidya Fazriani Lie, Cathleen Lo, Edmund Loi, Sri Ayu Sukmawati Mandry, Febrayen Valde Manihuruk, Stephanie Karin Marfungah, Luthfi Margaretha, Irene Patricia Markus Hamonangan Maurizka Ananda Putri Mayvians, Tidelstein Melya Stephani Mulyadi, Marsel Nathanael, Daven Nayoltama, Darius Nurul Syarifah Octavia S, Christine Okhram, Bukhari Pasa, Alicia Putri Pasyah, Rabbil Arya Patricia, Laurene Perkasa, Julius Pitang, Govara Remeina Priyanto, Ivan Putra, Muhammad Rangga Arya Qonita Rizqi Iffani Putri Rabbani, Rizq Rafi Rahmadhano, Ibrahagi Ramadhan, Aflah Noval Ramania, Hasya Rambu, Regina Victoria Ramdhani, Dwi Sukma Rani Shafira Retaly, Andrea Tamaranova Sabrina Sana’a Husna Salim, Ade Nugraha Sally Irawan Sapto Handoyo Djarkasih Putro Saputra, Jason Nikola Sari, Nur Khalifah Agustin Serena, Michelle Audrey Shindy, Felicia Silado, Audrey Bintang Simarmata, Michael Kalep Sofwatun Nida Stephanie Karin Manihuruk Sugiarto, Ivan Richard Sulistiawan, Arya Susanto, Angie Octavia Suwandy, Albert Syarifah, Nurul Syauqi, Zahran Rahmat Tahlia Tahlia Tarigan, Egieta Christy The, Chelsea Tirayo, Adriel Michael Tjendra, Virginia Tri Ananda Caesaryan Dasril Tsabitha, Tanissa Mayra Urmilawati, Ully Valoka, Metta Wafi, Auzan Wathan, Bilqis Alifia Widjaja, Jason Marcellino Wijaya, Monica Wisuta, Ris Yehezkiel, Raymond Yeo, Sky Leonardo Yosef Anggit Yonatan Yuan, Shafaa Alaadini Yulianto, Hermawan Zahranissa Putri Faizal