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PERLINDUNGAN HUKUM TERHADAP KONSUMEN PINJAMAN OLINE DALAM SISTEM HUKUM INDONESIA Mabsuti Mabsuti; Robby Nurtresna
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.90

Abstract

The presence of online loans is the impact of increasingly rapid technological advances. Online loans are in great demand by the public because of the ease of obtaining fresh funds, without complicated administration and requirements. However, people do not realize that behind the ease of getting fresh funds, the impact and risks of online loans are quite disturbing, because consumers who are unable to pay will be billed by being terrorized and even intimidated. The occurrence of various collection cases that violate human rights is actually caused by consumers who are unable to repay loans, because the interest is too high and indeed they are unable to pay. The legal umbrella for borrowing and borrowing cases is still lacking, because it has not been able to protect consumers who are intimidated because they are unable to pay, and also because they cannot protect lenders who suffer losses due to default
Implementasi Pendidikan Anti Korupsi Pada Perguruan Tinggi Robby Nurtresna; Dika Ratu Marfu'atun; Mabsuti Mabsuti
Mediation : Journal Of Law Volume 1, Nomor 4, Desember 2022
Publisher : Pusdikra Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51178/mjol.v1i4.1167

Abstract

Corruption in Indonesia is huge and like a disease that is difficult to cure. If this situation is allowed to continue like this, it is almost certain that sooner or later corruption will destroy this country. Of course, the eradication of corruption is not only the responsibility of law enforcement or the government, but also the shared responsibility of the entire nation. Therefore, efforts to eradicate corruption must involve all relevant stakeholders, ie. government, private and public. Anti-corruption education students are essential to be given sufficient knowledge about corruption and its eradication and encourage anti-corruption values such as honesty, care, independence, discipline, responsibility, hard work, simplicity, courage. and justice. All parties, both local governments, university leaders and lecturers, especially lecturers of anti-corruption education courses must pay special attention to this, considering the importance of anti- corruption students as followers of the nation. So, the development of an anti-corruption personality among students, to develop their spirit and competence as a driver of changing the life of society and a nation free from the threat of corruption, is still far from expectations.
Tantangan Masyarakat Adat Baduy Banten Kidul Terhadap Perubahan Sosial Budaya Robby Nurtresna; Dika Ratu Marfu’atun; Muhamad Yusar
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 2 (2023): 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.v1i2.587

Abstract

The Kasepuhan adat community of Banten Kidul in Sirnaresmi Village is a traditional society that still adheres to the heritage of their ancestors. Along with the development of incoming science and technology, the Kasepuhan community is gradually experiencing cultural changes. The cultural changes that occur as a result of the challenges and responses of the indigenous Kasepuhan community to new things have resulted in cultural acculturation. The purpose of this study is to determine changes in the culture of the indigenous people of Banten Kidul. This research method uses historical research methods. Historical research is a process of reconstructing history by collecting historical facts and data, then building them into a single unit. The results of this study show that this cultural change is due to the challenges of an increasingly ultramodern era and the response of society to new things so that cultural acculturation occurs. This change is evidenced by elements of several cultures such as technological systems, belief systems and changing language speech. But thus, even though not every change becomes negative, it means that there can also be positive changes that occur in the Kasepuhan indigenous people of Banten Kidul.
Analisis Hukum Terhadap Sengketa Kepemilikan Tanah di Perdesaan Bersertifikat Ganda Cepi Winarso; Nathasya Nathasya; Santy Fitnawati WN; Robby Nurtresna
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2713

Abstract

Land ownership was part of the civil rights, and the state gave legal evidence to probed peoples with land certificates. Inaccuracies in the making of the land papers/certificates could be due to deliberate or fraud (fraud) and/or coercion (dwang) in the making of the physical or legal data recorded on the land list. Hence, the certificate given may be invalid. The purpose of this research is to 1. Analyzing how the settling of the overlapping land-ownership disputes led to a dual certificate. 2. BPN responsibility analysis and legal protection methods in the making of double certificates. The study is conducted using a methodological study of prescriptive law and a field investigation approach. The land dispute was a dispute between two or more persons to retain a legal property rights against each person or group to maintain an interest in the same land or item inside or above the ground.
Penerapan dan Relevansi Hukum Adat dalam Konteks Modern Robby Nurtresna; Sopiyati Sopiyati; Ogi Charis M. Arifin; Faiq Faiq; Anisa Nurul Hidayah; Rizka Sepriyanti; Asep Guntur; Tryola Nadia
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 3 (2024): Agustus : 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.v2i3.1397

Abstract

Customary law is a legal system formed from the traditions and customs of local communities, which has evolved over centuries and become an integral part of the cultural identity of these communities. In the modern context, customary law faces significant challenges to remain relevant amidst the currents of globalization and the dominance of national law. This article explores the application and relevance of customary law in the contemporary era with a focus on case studies in several regions of Indonesia. This research employs qualitative methods with a hermeneutic approach to analyze data obtained from in-depth interviews with community leaders, academics, and legal practitioners. The findings indicate that customary law still plays a crucial role in dispute resolution and the maintenance of cultural identity in local communities. However, there are significant challenges related to harmonizing customary law with national law, especially regarding human rights protection and gender equality. This article also discusses efforts made by various stakeholders to sustain and develop customary law to be in line with contemporary developments, including formal recognition within the national legal system. In conclusion, customary law has great potential to contribute to the development of a more inclusive and diverse legal system, provided there is a commitment to addressing existing barrier.
Splitsing: As a Method for Resolving Teddy Minahasa’s Narcotics Case in Criminal Justice Investigations Romdoni, Muhamad; Abubakar, Aldestianah Putri; Nurtresna, Robby
International Journal of Law Society Services Vol 3, No 2 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i2.35039

Abstract

Deliberate narcotics crimes typically involve multiple perpetrators or are coordinated to incorporate an element of participation. This is due to the fact that these crimes are carried out in groups and each individual is assigned specific responsibilities in order to accomplish predetermined objectives. In order to identify the principal perpetrators of group crimes, the public prosecutor is compelled to segregate the case files for the purpose of examination. As a result, this article aims to gain a deeper understanding of the splitting mechanism, which is utilized to divide the files of multiple perpetrators. This research employed a normative juridical approach, which is based on cases and legislation, and utilized secondary data in the form of legal materials. The complete dataset, consisting of primary, secondary, and tertiary legal materials, was subsequently gathered and subjected to deductive analysis. The results of this study indicate that case file splitting (splitting) is the division of a single file containing multiple perpetrators' information so that the public prosecutor may divide the file into multiple files based on the number of defendants. This is done in an effort to clear up the case and expedite the judge's evidentiary process. The provision pertaining to the division of case files is outlined in Criminal Procedure Code Article 142. Inspector General of Police Teddy Minahasa and his associates investigated a narcotics trafficking case using the splitting method, which involves the separation of case files. This approach has demonstrated significant efficacy in upholding the principles of fast, simple, and low-cost justice.           
Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Jasa Pengobatan Tradisional Nurtresna, Robby
DESANTA (Indonesian of Interdisciplinary Journal) Vol. 2 No. 2 (2022): Maret 2022
Publisher : Desanta Publisher

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

Abstract

Mahalnya pengobatan medis merupakan salah satu faktor meningkatnya masyarakat yang berobat ke jasa pengobatan tradisional, khususnya masyarakat menengah kebawah. Berdasarkan hal tersebut di atas, peneliti perlu memberikan informasi mengenai perlindungan konsumen jasa pengobatan tradisional di Tabib M Luqman, dilihat dari kepemilikan Surat Izin Praktek (SIP) pada pelaku usaha, obat-obatan yang diberikan pada konsumen, perlakuan pengobatan yang dilakukan pelaku usaha kepada konsumen, serta pertanggung jawaban pelaku usaha terhadap konsumen. Semua informasi diberikan agar terpenuhinya hak konsumen atas informasi tentang perlindungan konsumen terhadap jasa pengobatan tradisional. Metode penelitian yang digunakan adalah empiris dengan pendekatan normatif. Sumber data yang digunakan adalah data primer dan data sekunder. Data primer yaitu data yang diperoleh dari pihak-pihak yang berkaitan dan terlibat dalam penelitian ini yaitu Pelaku Usaha, Konsumen Jasa Pengobatan Tradisional (Tabib) M. Luqman di Kota Serang dan Dinas Kesehatan Kota Serang. Sedangkan data sekunder adalah data yang diperoleh dari studi kepustakaan. Berdasarkan hasil penelitian terhadap Jasa Pengobatan Tradisional Tabib M Luqman, pelaksanaan perlindungan konsumen atas hak konsumen di jasa pengobatan tradisional Tabib M Luqkman Kota Serang belum sepenuhnya dilaksanakan, karena sering kali konsumen tidak mendapatkan kepastian hukum dan keterbukaan terhadap informasi serta akses untuk mendapatkan pertanggungjawaban terhadap jasa pengobatan tradisional. Bahwa tanggung jawab pelaku usaha atas kerugian yang diderita konsumen pada umumnya memberikan ganti rugi yang dapat dilakukan dalam bentuk pemberian uang, perawatan kesehatan dan pemberian santunan yang sesuai dengan ketentuan perundang-undangan yang berlaku.
Implementation Of Pretrial In Indonesia's Positive Legal Spatial As A Strengthening Of The Integrity Of The Criminal Justice System Nurul Azmi, A.; Nurtresna, Robby; Agustin, Mela
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.244

Abstract

KUHAP explicitly explains that the process of implementing the law is part of the core instruments of law enforcement, such as the police apparatus, prosecutors and judiciary. A new step for procedural law, namely pre-trial in the Criminal Procedure Code, which is an innovation in Indonesian positive law. The trial at the first level is an innovation (new institution) of the KUHAP. Pretrial as one of the jurisdictions of the court horizontally or the application of coercive measures by the Police and the Attorney General's Office. The Constitutional Court (MK) in its decision Number 21/PUU-XII/2014 has determined a new pretrial object, namely the legal or illegal determination of the suspect, confiscation and search. The research method aims to explain how research is conducted to obtain maximum results. In this study, the authors used normative and empirical legal research methods. In Indonesia, the judiciary was born from the spirit of wanting to adopt the habeas corpus concept into the Criminal Procedure Code (KUHAP). This concept is presented to verify and test the coercive actions of law enforcement officials, both in the form of arrests and detentions. This is because these actions violate individual rights and freedoms. Therefore, a trial court process is necessary. Pretrial as a horizontal legal system between law enforcement officers. That the District Court has the authority to consider and decide according to the provisions stipulated by law. The main pretrial request according to Indonesian positive law has been poured into the Criminal Procedure Code in Article 1 number 10 in conjunction with Article 70. In the Criminal Procedure Code Articles 77-83 Chapter X part one has included pretrial and its rules.
The Principle of Legality in the Perspective of Human Rights Sri Ayuni, Mela; Dion, Dion; Cita Zulviah, Rifda; Nurtresna, Robby
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.264

Abstract

The principle of legality is a principle in law that is found in almost all of the constitutions of each country. The principle of legality is very important and must be maintained for the sake of certainty of rules in a country. If seen or reviewed properly, this principle of legality is a tool that aims to protect human rights for every individual and community group. As a jurisdiction, Indonesia always strives to uphold justice in order to achieve an orderly and peaceful life. However, with the existence of the principle of legality which is a written rule to determine that no action or action is prohibited and punished, if the act has been formulated in a law. The purpose of this writing is to find out how the principle of legality is in the perspective of human rights. This study uses a normative juridical method with a case approach and a statutory approach, the data used in this study is secondary data which is analyzed deductively. The results of this study are that the principle of legality has an important role in regulating the life of a group or society. One of the important roles of the principle of legality is to protect human rights, the role and function of the existence of the principle of legality is very influential in efforts to implement human rights regulations or better known as human rights. the life of the Indonesian people.
Analysis of Trade Law in Modern Business Practices in Indonesia Nurtresna, Robby; Hidayatulloh, Syarif; Maulana, Anas; Lutvansyach, Achmad; Hutagalung, Henni
International Journal of Law Society Services Vol 4, No 2 (2024): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v4i2.43424

Abstract

International trade allows the exchange of goods and services between countries, which optimizes profits and expands markets, and also plays an important role in driving global economic growth. However, international trade raises various new problems due to differences in legal systems between countries, such as Continental European law in Indonesia and Anglo-Saxon law in Singapore and various other legal systems adopted by countries in the world. This is to ensure smooth cross-border transactions, a deep understanding of commercial law is needed because these differences can also affect the formation and completion of contracts. The purpose of this study is to review commercial law as a whole, including definitions, sources, scope, and problems that often arise in practice, as well as solutions to these problems. This study uses a normative legal method with secondary data and the data is analyzed using qualitative descriptive techniques. The hope of this study is to improve our understanding of how commercial law is applied in international trade, and also how the law functions to ensure legal security and this also protects the rights of the parties involved. The results show that commercial law functions as a foundation that regulates the relationship between parties involved in economic activities, namely companies, consumers, and also the government. This trade law ensures that transactions are carried out fairly and in accordance with applicable provisions, protects the rights of the parties involved, and this fosters trust in the trade system itself.