Jufianty Trisna Putri
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PENYELESAIAN KONTRAK EKSPOR MEUBEL BERDASARKAN DOCTRIN HUKUM PERDATA INTERNASIONAL (Studi Kasus di Kota Jepara) Jufianty Trisna Putri; Aris Munandar
Private Law Vol. 1 No. 2 (2021): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (485.411 KB) | DOI: 10.29303/prlw.v1i2.264

Abstract

The purposes of this research are to study, examine, and find out solutions in case of disputes in terms of international civil law review in settlement of furniture export contract disputes. The methods used in this research are statutory and conceptual approaches. This research concludes that the settlement of export disputes is carried out through the National Arbitration Board (BANI). This settlement involves a third party. Countries used as third parties are countries with advanced economies so that there is no conflict of interest. On settlement through BANI, the settlement clause has existed since the agreement was made. Apart from BANI, dispute resolution can be made through the International of Camber Commerce (ICC) or the Industrial Chamber of Commerce.
Eksistensi Living Law sebagai Perwujudan Masyarakat Adat dalam Pembaruan Sistem Hukum Pidana Nasional Jufianty Trisna Putri
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i2.1080

Abstract

The purpose of this research is to analyze the existence of living law as a manifestation of indigenous peoples in the renewal of the national criminal law system. This research was conducted using descriptive analytical normative legal research, using secondary data obtained from literature studies as the main data and using primary data, namely related legislation as supporting data, research data collection techniques using library research, and data analysis using qualitative juridical data analysis. Based on the research results, it shows that the inclusion of living law elements in the RKUHP is a new hope in the Indonesian criminal law system which is expected to create conscious legal compliance in the community. The application of living law in the Indonesian national criminal law system can also be categorized as a progressive step in the renewal of the national criminal law system. By adopting living law in the RKUHP, the true development of national criminal law does not only mean to improve the positive legal system, but also to serve the needs of society and legal modernization. There is a difference in the understanding of the principle of legality between the KUHP and the RKUHP. The element of living law adopted in the RKUHP is a recognition of the law that lives in the community. In its application, based on the explanation in the RKUHP, living law can be an exception to the applicability of the principle of legality in criminal justice practice in Indonesia as long as it does not conflict with the principles of Pancasila, human rights, and general legal principles that apply in the community.