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All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia Kajian Ilmiah Hukum dan Kenegaraan
Khairul Riza
Universitas Batam, Batam
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Azas Itikad Baik dalam Transaksi Jual Beli Online demi Mewujudkan Kepastian Hukum Dollar Dollar; Khairul Riza
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 1 No. 2 (2022): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (803.97 KB) | DOI: 10.35912/jihham.v1i2.1339

Abstract

Purpose: To determine the legal regulation of the principle of good faith in the implementation of online buying and selling transaction agreements, and to find out the application of the principle of good faith in online buying and selling transactions in order to realize legal certainty. Method: used is normative juridical research through literature study with an approach to legislation and books. Result: The research is that the legal regulation of the principle of good faith in the implementation of online buying and selling transactions is regulated in Article 530 of the Civil Code which states that good faith in a subjective sense is an inner attitude or a state of mind, good faith in a subjective sense is called honesty. In addition, it is regulated in Article 1338 of the Civil Code paragraph (3) which states that an agreement must be carried out in good faith, good faith in an objective sense is called propriety. The application of the principle of good faith in online buying and selling transactions through the marketplace to provide legal certainty to the public, especially consumers, is the same as the application of the principle of good faith in buying and selling agreements in ordinary interactions. It's just that the application of sanctions or the implementation of a lawsuit against the party who is in default in the agreement is difficult to implement because the parties do not know each other's identity or whereabouts. Therefore, the success of implementing an online sale and purchase agreement can only be achieved in good faith from the parties.
Hak Restitusi bagi Korban Perdagangan Orang: Sebuah Langkah Penting Menuju Keadilan di Indonesia Khairul Riza
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2359

Abstract

Purpose: The purpose of this study was to determine the implementation of restitution rights for trafficking victims in Indonesia, the obstacles and challenges faced in the process of providing restitution for trafficking victims in Indonesia, and how it impacts the victim recovery process. Methodology: The method used is Empirical juridical research was conducted through a series of field interviews with respondents and informants. It also uses normative research, namely research through literature studies. Result: The results showed that in the context of granting restitution rights to trafficking victims in Indonesia, despite the supporting legal foundation, implementation on the ground has not fully reflected the values of justice espoused in Pancasila, especially in the precepts of "Just and Civilized Humanity". The provision of restitution is not only a matter of compensation but also a form of state recognition of the dignity and humanity of each victim. Thus, restitution must be carried out with a sense of justice, without discrimination, to ensure full recovery for victims. The recovery process for trafficking victims in Indonesia faces various challenges, particularly those related to obstacles to the provision of restitution. Such barriers not only impact the financial aspects of victims but also their psychological, physical, and social recovery into society. The success of restitution is an important indicator of a country's commitment to ensuring justice and redress for the victims of exploitation.
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