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Perlindungan Hukum terhadap Kurir Jika Terjadi Ketidaksesuaian Pengiriman Barang terhadap Konsumen dalam Transaksi Cash on Delivery (COD) Arifuddin Muda Harahap; Dimas Ari Syahputra; Dini Rizki Marshanda; Fhitrysya Hariyanti; M. Akbar Hanafi Lubis; Rahmad Daffa
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 2 (2023): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i2.3465

Abstract

This study aims to find out how legal protection is for couriers in online buying and selling activities, especially in the COD payment system, and to find out the legal protection that can be given to couriers who get strict action from buyers because of non-conformance of ordered goods especially legal protection for couriers against buyers who default and refuse the goods they ordered. The method used in this study is a normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on these methods, the research was conducted using a statutory approach and a case approach. The results of the study show that the courier's duties in the online shopping COD system are as a deposit recipient, as a person who replaces the goods delivery service company in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to couriers in the online shopping COD system is to guarantee that the courier is not responsible for non-conformance or damage to goods that are not caused by his mistakes or negligence.
IMPLEMENTATION OF LAND DISPUTE RESOLUTION THROUGH CUSTOMARY LAW IN THE ACEH TAMIANG COMMUNITY Rahmad Daffa; Rahmad Efendi
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25768

Abstract

This study aims to determine how land dispute resolution through customary law mechanisms is implemented in the Aceh Tamiang community, identify the obstacles encountered, and formulate efforts that can be made to increase the effectiveness and legitimacy of customary law as a means of resolving agrarian conflicts. This study uses an empirical sociological approach. Data were obtained through in-depth interviews with traditional leaders, village officials, community members, as well as customary decision documents and related regulations. The results indicate that the customary law land dispute resolution mechanism in Aceh Tamiang remains effective as a means of resolving conflicts quickly, affordably, and maintaining social harmony. This mechanism is implemented in stages through mediation at the village level and formal customary deliberations led by the imam mukim. However, its implementation faces several obstacles, including normative, structural, and cultural ones. Normative obstacles arise from the weak formal legal basis for the forced execution of customary decisions. Structural obstacles include the low capacity of customary institutions, limited decision documentation, and minimal support from the local government. Meanwhile, cultural barriers are caused by shifting social values, customary plurality, and non-compliance by those with economic or political power with customary decisions. Efforts that can be made to increase the effectiveness and legitimacy of customary law include: drafting district qanuns that more specifically regulate land dispute resolution mechanisms through customary law; increasing the capacity of customary officials through training and coaching; revitalizing the cultural values of deliberation within the community through ongoing socialization; and synergy between customary and formal institutions through administrative recognition of customary decisions. Thus, strengthening the role of customary law is expected to maintain local values, reduce agrarian conflict, and support national legal pluralism.