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All Journal Jurnal Dinamika Hukum Jurnal Hukum Acara Perdata ADHAPER Vyavahara Duta
Afriana, Anita
Faculty Of Law, Padjajaran University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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A FAST PROCEDURE AS AN ACCESS TO JUSTICE IN ORDER TO REALIZE A SIMPLE, FAST, AND LOW COST PRINCIPLE IN INDONESIA Afriana, Anita; Fakhirah, Efa Laela
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.489

Abstract

Civil disputes resolution in court has complicated procedures. For the parties with small value of claims, the settlement through the court with a convoluted procedure is not an appropriate choice because time spent in the court is not comparable to the value of the dispute. On the  other hand, the settlement by arbitration and alternative dispute resolution sometimes considered insufficient to provide legal certainty. The objective of this article is to analyze fast procedures that are used in the settlement of a lawsuit simply as a means of access to justice, and the prospects of fast procedures in the civil judicial system of Indonesia. The approach used is normative juridical. The results shows that the regulation of fast procedures in indonesia is an advancement as a means of access to justice but it still required socialization to the public about fast procedure and simple lawsuit.Keywords :  Access To Justice, Fast Procedures, Simple Lawsuit,  Private Dispute
MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM Afriana, Anita; Sudaryat, Sudaryat; Mantili, Rai; Rahmawati, Ema
VYAVAHARA DUTA Vol 14, No 2 (2019): SEPTEMBER 2019
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.77 KB)

Abstract

Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,and low-cost consumer dispute mechanism isneeded to cope with Indonesian economic growth by accelerating the time of a dispute settlement (time efficiency). The purpose of this research is find out how consumer disputes are resolved in Indonesia and legal discource in the frame work oft he consumer?s disputere solution which have lawcertainty.it can be concluded that the pluralityof consumer disputesettlement in Indonesia has ledtoconvoluted mechanisms and procedures in settling disputes. Dispute settlement through Badan Penyelesaian Sengketa Konsumen/Consumers Dispute Settlement Agency (BPSK) is not final and binding. Through this article, it is recommendedto utilise Small Claims Procedures that combines informal and formal mechanisms in order to achieve legal certainty in the settlement of consumer disputes in Indonesia.
MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM Afriana, Anita; Sudaryat, Sudaryat; Mantili, Rai; Rahmawati, Ema
VYAVAHARA DUTA Vol 14, No 2 (2019): SEPTEMBER 2019
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v14i2.1255

Abstract

Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,and low-cost consumer dispute mechanism isneeded to cope with Indonesian economic growth by accelerating the time of a dispute settlement (time efficiency). The purpose of this research is find out how consumer disputes are resolved in Indonesia and legal discource in the frame work oft he consumer’s disputere solution which have lawcertainty.it can be concluded that the pluralityof consumer disputesettlement in Indonesia has ledtoconvoluted mechanisms and procedures in settling disputes. Dispute settlement through Badan Penyelesaian Sengketa Konsumen/Consumers Dispute Settlement Agency (BPSK) is not final and binding. Through this article, it is recommendedto utilise Small Claims Procedures that combines informal and formal mechanisms in order to achieve legal certainty in the settlement of consumer disputes in Indonesia.
KEDUDUKAN PEGAWAI NOTARIS SEBAGAI SAKSI DALAM AKTA AUTENTIK PADA PROSES PENYIDIKAN DAN PERADILAN DITINJAU UNDANG-UNDANG JABATAN NOTARIS Fakta Andony; Anita Afriana; Indra Prayitno
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 2 (2020): Juli - Desember 2020
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v6i2.133

Abstract

The existence of a Deed Witness is part of the formal aspect of the deed. Without a witness deed, t the notary deed as a Notary Deed, but only has the power of proof as an underhand deed. In addition, the actions of Notary employees as witnesses to deeds in each Notary’s deed are included in the notary fi eld, so that if it is linked to Article 16 paragraph (1) letter f of the Notary Position Law regarding keeping everything concerning deeds made by Notaries, the employees should a notary as a witness to the deed must be able to keep the contents of the deed confi dential. This article intends to fi nd out about the process of summoning notary employees who are witnesses to the deed for investigation and trial in connection with the confi dentiality of the contents of the deed and protecting the confi dentiality of the contents of the deed in the investigation and judicial process involving notary offi ce employees as witnesses to the deed. The results show that summoning notary employees who are deed witnesses for investigation and trial based on UUJN is that there are no rules for special procedures for calling witnesses to deeds in the investigation and trial process. A witness to deed does not have the right of refusal as a notary, therefore what applies is the provision as reference to KUHAP and HIR/Rbg. Protection of the confi dentiality of the contents of the deed in the investigation and judicial process involving notary offi ce employees as witnesses to the deed that there is no obligation for notary employees who are witnesses to the deed to keep the contents of the deed secret during the investigation and trial process. Notary employees who are witnesses to the deed do not completely violate the law because there are no rules in UUJN that regulate the oath to keep the contents of the deed confi dential
Co-Authors Agustus Sani Nugroho & Ema Rahmawati Heryaman, Agustus Sani Nugroho & Fakhirah, Efa Laela Fakta Andony Indra Prayitno Mantili, Rai Sudaryat