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All Journal Jurnal Konstitusi Perspektif Hukum
Wishnu Kurniawan
Universitas Hang Tuah Surabaya
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Sengketa Pemilukada; Menegakkan Keadilan dalam Hasil dan Proses (Analisis Putusan MK Nomor 28/PHPU.D-VIII/2010 tentang Pemilukada Kabupaten Gresik) Wishnu Kurniawan
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (370.092 KB) | DOI: 10.31078/jk857

Abstract

Democracy process of the Republic of Indonesia has changed over the collapse of the regime’s Suharto. Submission of opinion/ voting rights before the election form through representation in the Legislative votes, while  the order of the reform party of Indonesia’s democracy changed the form with a direct election of the aspirations of the community through direct election of the executive (President, Governor,  and Mayor /    Regent)Democratic party face has changed get a hidrance and obstacle, the hidrance and thats obstacle shapes as money politic, black  campaign, veiled campaign, inflate a number of vote, etc. But to canceled that fraud, indonesian civilans & the participants/incumbent has a place to uphold the justice throught the Constitutional   Court..Based on the result data processing and analysis carried out performed within this scientific can be concluced that The Constitutional Court actually has authority to receive, examine, prosecute, decide land disputes election result. Constitution Court decision especially about the election result dispute regional head (Regent and Vice Regent) by the Conctitution Court election result with number 28/PHPU.D-VIII/2010 about Perselisihan Hasil Pemilihan Umum Kepala Daerah dan Wakil Kepala Daerah Kabupaten Gresik, Provinsi Jawa Timur Tahun 2010 can be operate well and has gained a place at Gresik Regency civilians.
Klausula Eksonerasi Oleh Pelaku Usaha Dalam Perjanjian Jual Beli Rumah Wishnu Kurniawan; Ninis Nugraheni
Perspektif Hukum VOLUME 17 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i2.157

Abstract

The exenoration clause is an exclusion / liability exclusion clause in a housing sale and purchase agreement. The purpose of writing this scientific article is to find out the accountability of business actors for offers submitted to prospective consumers and restrictions on the inclusion of standard clauses containing exenoration clauses in the offer of buying and selling houses as a legal protection effort for consumers. The results of the study indicate that the treaty law in Indonesia essentially assumes that brochures have binding legal force. This binding strength is based on the fact that the brochure is a binding form of supply as specified in the Consumer Protection Act which is based on the principle of good faith at the pre-contractual stage. Judging from the freedom of contract the standard agreement with an exoneration clause does not meet the subjective and objective requirements as specified in Article 1320 BW, thus the exoneration clause stated by the business actor in the brochure as a bidding instrument does not have binding power. Provisions for transferring accountability, actions in the form of business actors are not responsible for changes in specifications contained in brochures violating Article 18 paragraph (1) letters a, c, and d of Consumer Protection Act. And has an effect on null and void (nietig / null and void).
Co-Authors Ninis Nugraheni