Garuda - Garba Rujukan Digital

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.

Opportunities and Challenges: E-Commerce in Indonesia from a Legal Perspective Edy Santoso
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

The development of e-commerce in Indonesia has encouraged the creation of a digital economy. On the other hand, this business model presents various legal challenges that are no less interesting to anticipate. By applying normative research methods and using statutory and comparative law approaches, this study examines two issues. First, what are the legal aspects that are used as the basis for the role of Information and Communications Technology (ICT) in capturing e-commerce opportunities? Second, what are the legal challenges ahead with the rapid growth of e-commerce in Indonesia? This study concludes that normatively Indonesia already has various regulations in the field of cyber law that support the use of ICT in e-commerce. However, it needs specific regulation. This study finds things that will become legal challenges in the future, including there are still gaps for parties to commit violations and crimes, especially in the fields of data theft, intellectual property, fraud, and breach of contract. This study provides the suggestion that the government should pay attention to security-related regulations, especially those related to personal data security. It requires the role of business actors in making "self-regulation" which ensures data protection based on a technical perspective.

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.

Title

Found 13 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 13 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 13 Documents
Search