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All Journal Jurnal Ilmu Hukum The Juris LEGAL BRIEF
Yana Sukma Permana
Sekolah Tinggi Ilmu Hukum IBLAM
Law, Crime, Criminology & Criminal Justice

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Legal Protection For Online Transportation Drivers In The Case Of Fictional Order In Indonesia Denden Adith Fauzan; Yana Sukma Permana
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (274.633 KB) | DOI: 10.35335/legal.v11i3.336

Abstract

The development of technology and information has penetrated all aspects of life, one of which is the problem of transportation. Transportation is an important aspect for humans in their activities. Changes in the mass transportation system infiltrated by technological sophistication make conventional methods gradually abandoned. There are several companies that provide online transportation services due to the changing times that humans use for time efficiency and effectiveness. Among them are Gojek, Grab, and Maxim who have contributed greatly to helping the community's economy by creating millions of jobs. Behind the benefits that the company presents to partners and consumers, there is a serious problem that occurs, namely the existence of fictitious orders from several unscrupulous consumers that harm drivers. This study aims to unravel the problem of fictitious orders that occur and how the legal protection for the driver is related to the case that happened to him. The conclusion is that the company's efforts to protect drivers are only limited to solving problems internally. There has been no firm action in eradicating rogue consumers because if this continues, it will disrupt the performance of driversitself. Online transportation service companies must immediately evaluate services and make SOPs that are not only preventive in nature but also repressive in resolving cases firmly and thoroughly as regulated in the Civil Code and the Consumer Protection Law.
KEDUDUKAN HUKUM ADAT DALAM PENGUATAN PELESTARIAN NILAI-NILAI ADAT DALAM YURISPRUDENSI Ali Aridi; Yana Sukma Permana
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.602

Abstract

The purpose of this research is to find out how the position of customary law is in the current national legal system and how to strengthen the preservation of customary values ​​in jurisprudence. Through research on normative law it was concluded that customary law is an unwritten rule that lives within the indigenous peoples of a region and will continue to exist as long as the community still fulfills the customary law that has been passed down to them from their ancestors before them. Therefore, the existence of customary law and its position in the national legal system cannot be denied even though customary law is unwritten and based on the principle of legality is an illegitimate law. Customary law will always exist and live in society. Customary law is a law that really lives in the awareness of the conscience of the community which is reflected in the patterns of their actions in accordance with their customs and socio-cultural patterns which are not contrary to national interests. The current era can indeed be called the era of the revival of indigenous peoples which is marked by the birth of various policies and decisions. However, what is equally important is the need for further study and development with its implications for drafting national laws and efforts to enforce applicable laws in Indonesia.
ANALISA KEBERADAAN MASYARAKAT HUKUM ADAT DI INDONESIA Santriawan Mangumpaus; Yana Sukma Permana
The Juris Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i2.624

Abstract

The existence of Indigenous Peoples (MHA) is recognized and respected by the State through Article 18B of the 45 Constitution. therefore the government is obliged to protect the existence of indigenous peoples. However, the development of today's modern society has even negated the existence of indigenous peoples. The existence of massive population movements and land titling causes individualism to undermine the existence of indigenous and tribal peoples. Therefore, this research will answer whether the existence of MHA still needs to be protected by the government or does it have to change according to the times. Many regulations were launched to regulate MHA, which aims to protect MHA but these regulations by many observers still do not support the protection of MHA. The research method used is normative juridical research, which is a method that is carried out by examining library materials. From the various problems in the research area, it can be concluded that the existence of MHA will gradually become extinct. Article 18 B in the 1945 Constitution already implies the extinction of MHA with the clause "... as long as they are still alive and in accordance with the principles of a unitary state". Therefore the government's protection of MHA is in preparing MHA human resources to face changing times, especially the younger generation.
Co-Authors Ali Aridi Denden Adith Fauzan Santriawan Mangumpaus