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MENGENAL PENYELESAIAN SENGKETA KOMERSIAL INTERNASIONAL MELALUI ARBITRASE santoso, edy
JURNAL ILMIAH LIVING LAW Vol 7, No 2 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

It is important to choice dispute resolution effectively in international trading. Arbitration is a form of alternative dispute resolution (ADR), is a legal technique for resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. In international trading, arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The role of arbitrate is as one of ADR system is very significant. It is to be ADR universal system in international contract. Arbitration can be either voluntary or mandatory and can be either binding or non-binding. It is depend on the parties with good faith. Win-win solution in dispute resolution to be main reason for those parties why choice arbitrates as ADR system.

TINJAUAN HUKUM ATAS CLICK WRAP AGREEMENT PADA KONTRAK BAKU ELEKTRONIK TERKAIT TRANSAKSI ELEKTRONIK santoso, edy
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.529

Nowadays, the development of technology information has tremendous impact on aspects of cultural, economic, social and legal. In the area of business transactions, for example, a signature is a common form of agreement in the purchase agreement. Today, it has been changed; the form agreement was made so simple by âclickâ only through using "click warap agreement" to indicate approval of the contents of the standard online agreement. It is recognized as a form of discovery of a finding law in the area of purchase agreement, which needs to be studied whether against the law in Indonesia or not. Therefore, this paper examines the legal review of click wrap agreement on the online agreement in e-commerce transactions under Indonesia law

The Prisoners' Rights Protection in Indonesia Law System of Justice Haidan Haidan; Edi Santoso
International Journal of Nusantara Islam Vol 4, No 1 (2016): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v4i1.1185

The aim of the paper is to examine the provision of the prisoner’s rights protection in Indonesia law system of justice and its relation to the exemption conditional (EC) in correctional institution. As an important issue, here is if the defendant override rules associated with the controversial issue in society, they will both at national and international level, such as human rights issues. The case was appeared recently, especially in the connection with the cases of exemption conditional, i.e. Pollycarpus Budihari Priyanto’s case. The case has become the center of public attention, especially after release of the Ministry of Law and Human Rights, who has been freeing the prisoners that related to the homicides Human Rights Activists (HRA) i.e Munir Said Thalib. In the community, this decision raises the pro and contra. This paper concludes that all persons deprived of their liberty will be treated with humanity and guaranteed them with respect for the inherent dignity of the human person to be in accordance with the existing rules. In this case, the government of Indonesia has given the rights of prisoners through the stages of development of the inmates according to the stage of the penal process that refers to laws and regulations and implementation of technical regulations. The paper also recommends that the need for the government to deliver data either traditionally or electronically linked plan of exemption conditional.

PENEGAKAN HUKUM TERHADAP PELANGGARAN MEREK DAGANG TERKENAL MELALUI PERAN KEPABEANAN SEBAGAI UPAYA MENJAGA KEAMANAN DAN KEDAULATAN NEGARA Edy Santoso
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional Vol 5, No 1 (2016): April 2016
Publisher : Badan Pembinaan Hukum Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/rechtsvinding.v5i1.8

Pelanggaran terhadap merek dewasa ini sudah sangat meresahkan masyarakat, tidak jarang yang pada akhirnya menimbulkan korban jiwa yang diakibatkan oleh mengkonsumsi obat-obatan yang berasal dari merek palsu, yang hal ini akan menimbulkan efek negatif terhadap keamanan Negara, bahkan terhadap kedaulatan Negara yang dilanggar terkait mudahnya masuk barang-barang palsu tersebut ke dalam wilayah kedaulatan Republik Indonesia. Dalam hal ini, peraturan tentang kepabeanan sangat penting untuk ditegakkan sebagai tindakan yang efektif terhadap pelanggaran merek. Penelitian ini menggunakan metode yuridis normatif yang berupaya mengidentifikasi jenis pelanggaran terhadap merek di lintas batas negara, serta meneliti peran Kepabeanan dalam menegakan hukum sebagai upaya menjaga keamanan dan kedaulatan Negara dari ancaman barang-barang yang berbahaya untuk masyarakat. Temuan yang diperoleh bahwa bentuk-bentuk pelanggaran merek di lintas batas Negara terdiri dari pelanggaran dengan modus-modus seperti Likelihood of confusion, passing off dan misuse . Dalam hal ini, kepabeanan mempunyai peran dalam penegakan hukum atas pelanggaran merek sebagai upaya menjaga keamanan dan kedaulatan Negara. Akan tetapi peran kepabeanan dirasa belum optimal dan perlu ditingkatkan. Oleh kerena itu, perlu diatur secara teknis terkait pengawasan barang-barang palsu.Trademark Infringement currently has been very disturbing the society. It has caused victims due to fake brands drugs consumption. It certainly has negative impact on national security evenmore on the sovereignty of the state which is being violated by how easy such fake goods to enter Indonesia territory. In this case, the regulation on customs is very important to be enforced as an effective action against trademark infringement. This research use normative juridical method and attempt to identify the forms of cross border trademark infringement and investigate the role of customs in enforcing the law as an effort to maintain the security and sovereignty of the state from the threat of dangerous goods. This research concluded that the forms of cross-border trademark infringement consists of some modus such as, likelihood of confusion, passing off and misuse. In this case, the customs has role in the law enforcement on trademark infringement as an effort to maintain the security and sovereignty of the state. However, the role of customs is felt not optimal and needs to be improved. Therefore, it should be technical regulation on supervision of fake goods is needed.

TINJAUAN HUKUM ATAS CLICK WRAP AGREEMENT PADA KONTRAK BAKU ELEKTRONIK TERKAIT TRANSAKSI ELEKTRONIK edy santoso
JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.529

Nowadays, the development of technology information has tremendous impact on aspects of cultural, economic, social and legal. In the area of business transactions, for example, a signature is a common form of agreement in the purchase agreement. Today, it has been changed; the form agreement was made so simple by “click” only through using "click warap agreement" to indicate approval of the contents of the standard online agreement. It is recognized as a form of discovery of a finding law in the area of purchase agreement, which needs to be studied whether against the law in Indonesia or not. Therefore, this paper examines the legal review of click wrap agreement on the online agreement in e-commerce transactions under Indonesia law

MENGENAL PENYELESAIAN SENGKETA KOMERSIAL INTERNASIONAL MELALUI ARBITRASE edy santoso
JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

It is important to choice dispute resolution effectively in international trading. Arbitration is a form of alternative dispute resolution (ADR), is a legal technique for resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. In international trading, arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The role of arbitrate is as one of ADR system is very significant. It is to be ADR universal system in international contract. Arbitration can be either voluntary or mandatory and can be either binding or non-binding. It is depend on the parties with good faith. Win-win solution in dispute resolution to be main reason for those parties why choice arbitrates as ADR system.

MODEL PERLINDUNGAN HUKUM BAGI KREDITUR LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI DI MASA PANDEMI COVID-19 Debbi Puspito; Martin Roestamy; Edy Santoso
JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i1.5303

The purposes of this study are 1) to find out and analyze the forms of violations committed by fintech lending debtors online during the Covid-19 pandemic; 2) to find out and analyze the legal protection model for creditors in these services during the Covid-19 pandemic. The research method used is normative juridical analysis with a descriptive analysis approach. The results of this study are: 1). There are 3 types of violations encountered during the loan service research, namely default in the form of default by the debtor at the time of repaying the loan for several reasons, including not having a fixed income while the debtor needs funds for his daily needs. Another problem is the existence of bad faith from third parties (sales), committing fraud violations with fictitious debtor data and deliberately failing to pay 2). Legal protection models that can be applied include: Financial protection in the form of insurance for creditors; Guarantee Protection in the form of intangible assets in the form of a National Identity Number; Agreement protection, namely strengthening the position of creditors in the contents of the agreement: and protection of strict sanctions contained in the legislation.

Law Enforcement Against Mill Criminal Activities During The Implementation Of Ppkm In West Java Yani Swakotama; Joko T. Suroso; Edy Santoso
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

The implementation of Community Activity Restrictions (PPKM) in its implementation is still not effective based on data, that as of April 8, 2021 the number of people who were positively exposed to Coronavirus Disease-19 (Covid-19) spread across various provinces in Indonesia, amounting to 1,552,880 people, with recovery infected patients amounted to 1,399,382 people and the number of deaths was 42,227 people in Indonesia. In addition, there are cases of PPKM violations during the Covid-19 pandemic on West Java Provincial Regulation Number 05 of 2021 concerning the Implementation of Peace, Public Order and Community Protection, as happened in the jurisdiction of the Purwakarta District Court which has decided the case with Decision Number 19 /Pid.C/2021/PN.Pwk. jo. Decision Number 28/Pid.C/2021/PN.Pwk. The method used is normative juridical with descriptive analytical research specifications with data collection techniques carried out through document studies and interviews which are then analyzed by qualitative normative methods without using mathematical formulas and numbers. Based on the results of the research, that in practice in the field it is resolved through the Court although it is still not effective.

ANALISIS YURIDIS TERKAIT WANPRESTASI ATAS KREDIT MACET PADA PERKARA PERDATA DI PERBANKAN INDONESIA Ayu Tri Wulan; Deny Haspada; Edy Santoso
Iustitia Omnibus (Jurnal Ilmu Hukum) Vol 3 No 2 (2022): Vol 3, No 2, Juni 2022
Publisher : Program Studi Magister Ilmu Hukum Pascasarjana Universitas Langlangbuana

Show Abstract | Download Original | Original Source | Check in Google Scholar

The problems in writing the thesis are what are the forms of efforts to rescue bad loans according to the provisions of Bank Indonesia, what are the mechanisms used by banks in resolving bad loans, what are the legal consequences for debtors who default on credit agreements of PT Bank Mandiri, PT Bank BNI and PT Bank Banten. The purpose of this study is to find out the answers to the problems discussed. The research method used in this writing, the author uses 2 (two) methods: first, library research, namely by conducting research on various reading sources, namely books, legal magazines, opinions of scholars, legislation and other materials. studying. The second field research (Field Research) is to do spaciousness in this case the author directly conducts a study at PT Bank Mandiri, PT Bank BNI and PT Bank Banten, Default is a situation where one party does not fulfill its obligations, is late or does not fulfill its obligations. The state of default is different from the situation beyond the power or ability of the party who is unable to carry out his obligations. This default can occur due to intentional, negligence, without error. The term default is a breach of contract, while the form of a debtor's default can be in the form of: the debtor does not fulfill the performance at all, the debtor fulfills the performance, but not as agreed, the debtor fulfills the performance but does not fulfill the agreement. time (too late), the debtor does something that requires the agreement not to be carried out. It can be concluded that there are forms of default that occur in the implementation of the agreement. Where the parties sometimes default in the form of being late in paying what was agreed upon or not making payments, resulting in a loss to one of the parties. With this loss, the aggrieved party can claim compensation for the loss suffered in the ways determined by law.

Implementation of Law Enforcement for Business Crime Which is Performed by Illegal Foreign Work Endeh Suhartini; Rahayu Nuraeni; Edy Santoso; Ani Yumarni
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 1 OCTOBER 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4328

The main purposes of this study are: 1) To find out and analyze the forms of business crimes committed by illegal Foreign Workers related to violations of Immigration laws. 2) To find out and analyze immigration law enforcement against illegal Foreign Workers who commit immigration violations. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data to the primary data.The results of this study are: 1) Business crimes committed by illegal foreign workers related to immigration violations, namely the implementation of the Asean Economic Community (AEC) and the introduction of a visa-free policy to encourage and enhance economic growth have an impact on the uncontrolled presence of illegal foreign workers in Indonesia where from the implementation of the AEC and the implementation of the visa-free policy many of the foreign citizens, especially from China who abuse the visa-free policy that should be used for travel but instead used to find work/conduct business activities in Indonesia. 2) Immigration law enforcement against illegal Foreign Workers who commit violations of immigration criminal acts can be prosecuted in two ways, namely the prosecution process in a court or pro justitia and administrative or immigration acts

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