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All Journal Jurnal Cakrawala Hukum Widya Yuridika BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal
Wisnuwardhani, Diah Aju
Faculty Of Law - University Of Merdeka Malang
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking Sagi Janitra; Mohammad Ghufron Az; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): Desember 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7361

Abstract

For customers, internet banking service facilities provide the advantage of being able to make online payments. Internet banking also provides accommodation for banking activities through computer networks anytime and anywhere quickly, easily, and safely because it is supported by a strong security system, especially for those who are always busy managing their finances. As for the formulation of the problem in this paper, how is the use of the principle of freedom of contract in standard contracts on internet banking seen from the point of view of Law Number 8 of 1999 concerning consumer protection and what is the legal protection for internet banking users for the contents of the standard contract? The result of this research is that the standard agreement on internet banking in its contents must be in accordance with the legal bases and articles that have been regulated in Law Number 8 of 1999 concerning Consumer Protection, where the agreement is not allowed if it harms the party implementing the agreement standard which in this case is a customer or debtor and the Bank is responsible for carrying out all obligations contained in the Banking Act, also in the Consumer Protection Act. The bank is also responsible for losses suffered by customers, whether they arise due to system errors or due to errors made by bank officers. A bank can only be released from its responsibilities after fulfilling its performance and paying compensation to the customer, or if the loss is due to the customer's fault or due to a compelling situation.How to cite item: Janitra, S., Ghufron Az, M., Wisnuwardhani, D. (2021). Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking. Jurnal Cakrawala Hukum, 12(3), 334-343. doi:https://doi.org/10.26905/idjch.v12i3.7361.
Implikasi yuridis parate eksekusi obyek hak tanggungan Lydia Kurnia Putri Rosari; Imam Nur Koeswahyono; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 13, No 1 (2022): April 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i1.5189

Abstract

To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this research is empirical legal research with interview data collection techniques, literature studies, and documentation. The results of the research with the method above show the obstacles that might occur is an obstacle that came from the debtor's side, for example, the existence of resistance from the debtor or third party and the emptying of the object of the liability right. The obstacle from the creditor's side is the difficulty in finding auction buyers for the object of the execution auction. The juridical implication of the execution parade with the object of collateral is to obtain creditor assurance regarding the repayment of his debt from the debtor, in addition to accelerating the repayment process of creditors when the debtor defaults by giving the creditor the right to sell the Collateral Right Object of his own power through a public auction.How to cite item: Rosari. L.K.P., Koeswahyono I., Wisnuwardhani. D.A. (2022). Implikasi Yuridis Parate Eksekusi Objek Hak Tanggungan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.5189.
Tanggung jawab koperasi simpan pinjam terhadap jaminan milik pengurus yang di jaminkan hutang koperasi Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2112

Abstract

The purpose of this Cooperative is not just to seek profit merely as the purpose of another legal entity such as a Limited Liability Company. Cooperatives are economic enterprises that prioritize the welfare of their members through the financial sector. This emphasizes the importance of member welfare as one of the objectives ofestablishing a cooperative. In order for the objectives of the cooperative to be achieved, cooperatives can carry out various business activities. In connection with lending and borrowing which forms the basis of the relationship between the bank and the Savings and Loan Cooperative, the Savings and Loan Cooperative has the obligation to return when requested by the bank or when the Savings and Loan Cooperative is no longer active in its activities. Furthermore, what is the legal relationship between the Savings and Credit Cooperative and the creditor? The basis of the legal relationship between Savings and Loans Cooperatives and creditors is an agreement to borrow and borrow money which is often referred to by the community as a credit agreement. The agreement is actually a relationship based on a loan lending agreement as stipulated in Article 1754 of the Civil Code. Cooperative loans for bank financing are carried out and signed by all cooperative managers through personal quarantee as stipulated in Article 1820 of the Civil Code, namely as the guarantor of the debt referred to as the “Guarantor”. While the personal assets submitted by the management to the bank as an additional guarantee or accesoir.How to cite item: Wisnuwardhani, D. (2018). Tanggung jawab koperasi simpan pinjam terhadap jaminan milik pengurus yang di jaminkan hutang koperasi. Jurnal Cakrawala Hukum, 9(1), 21-30. doi:https://doi.org/10.26905/idjch.v9i1.2112
IMPLEMENTASI HAK PEKERJA DALAM HAL UPAH DI KANTOR NOTARIS Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i1.1728

Abstract

Traffic law, almost all legal acts require legal guarantees for such actions. One of the legal guarantees is an authentic deed made by a Notary. The Notary attributively has the authority to make authentic deeds, to ratify deeds under the hand as well as to some other authorities regulated by the Notary Law. Implementation of such authority, the notary requires employees (workers) to serve and expedite services provided to the parties or clients of the notary. As workers, notary employees are entitled to wages and other rights as workers as stipulated in the Manpower Act. On the one hand, a notary public, a notary as well as an employer who is obliged to perform wages and other rights of workers as stipulated in the Manpower Act. Working relationships conducted by workers and employers are generally subordinate in nature. The position of the workers in the employment relationship, in terms of economic social is lower than the employer, for the workers need a container to reach the point kesedarajatan with employers. The most prominent civil and political rights needed by every worker is the right to peaceful assembly and assembly.
HUKUM SEBAGAI SISTEM NORMA Diah Aju Wisnu W
Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3312.625 KB) | DOI: 10.31328/wy.v1i1.516

Abstract

Talking about law as the system means that we are talking about law as a system of norm. As a system of norm, the creation of positive law should obey higher norms, so that a system of law is a leader of the principle of law pyramidally. Hopefully, referring to a law as a system of norm, the positive law may functional in the life of society.
Implementasi Pasal 65 Ayat 1 Undang-Undang No. 32 Tahun 2009 Terhadap Masyarakat yang Terkena Dampak Pengusahaan Pertambangan Pasir Muhammad Panji Mahardika; Dewi Astutty Mochtar; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4290

Abstract

This study aims to find out how the implementation of article 65 paragraph 1 of Law No.32 of 2009 and the legal protection of people affected by sand removal in Lumajang Regency. Based on the law adjusted to the experience that occurs in the community to better know and understand the law as a set of rules or positive norms that apply. That the Lumajang District community has a legal protection. But unfortunately, this regulation is not used as a reference for the government in managing the resources contained in Lumajang regency in the form of sand mining assets. In general, the existence of mining will result in losses both in the environment and for the people who live around the mining area. In this case the rights of the Lumajang district community have been violated, such as the right to a healthy life, the right to safety and comfort, and the right to prosperity.DOI: https://doi.org/10.26905/mlj.v1i1.4290.
Tanggung Jawab Agen Kredit Sindikasi dalam Hal Debitur Wanprestasi Vivi Sylvia Purborini; Mohammad Gufron; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4288

Abstract

This study aims to determine the position of the agent in a syndicated loan agreement, and the agent's responsibility when the debtorexperiences an achievement. This research is a normative juridical research which is a procedure to find the truth based on scientific logic from the normative side. The approach in this research is legislation and conceptual approach. The results showed that the agent's relationship with the creditors was the power relationship with the power of attorney. If a dispute arises between the agent and the parties in the syndicated loan agreement, the settlement is based on the provision of power of attorney in the syndicated credit document. The responsibility of the agent is divided into two, namely the agent who also participates in the syndication participant, and the agent outside the syndicated loan participant. Agents who are also creditors in syndicated loans, if debtors default, then the agent is responsible. The responsibility of the syndicated loan agent outside the syndicated loan participant is only as a liaison between the creditor and the debtor. The role of agents is limited in accordance with what is written in the agreed agreement document.DOI: https://doi.org/10.26905/mlj.v1i1.4288.
Perlindungan Hukum Konsumen dalam Transaksi Electronic Commerce melalui Bukalapak Chandra Supriyanto; Hendra Djaja; Diah aju wisnuwardhani; Khotbatul Laila
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (187.259 KB) | DOI: 10.26905/blj.v1i2.5487

Abstract

E-commerce transactions in this era become one of the business models that are in great demand by the people of Indonesia. The development and progress of information technology is so fast that it causes changes in the activities of human life in various fields which have directly affected the birth of new forms of legal action. Internet support makes online business more attractive to many people, because of the convenience offered. Marketplace or online trading sites become a new choice that offers convenience and security in e-commerce transactions. One marketplace that offers convenience and security in e-commerce transactions is Bukalapak. There is no comprehensive legal protection in accordance with the Rules for the Use of Bukalapak. Consumers are still the weakest party if a problem occurs because the model built contains a standard clause in it. Therefore, the protection of consumers in online buying and selling transactions needs to be considered
Compensation for land rights holders according to the land acquisition law Dhaniar Eka Budiastanti; Khotbatul Laila; Nahdiya Sabrina; Diah Aju Wisnuwardhani; Selvia Wisuda
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7970

Abstract

The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D., Laila, K., Sabrina, N., Wisnuwardhani, D., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2), 135-144. DOI:https://doi.org/10.26905/idjch.v13i2.7970.
Perlindungan Hukum Pelaku Usaha Online dalam Transaksi Jual Beli Online melalui Sistem Cash On Delivery Nabila Alifa Ch; Diah Aju Wisnuwardhani
Bhirawa Law Journal Vol 3, No 2 (2022): November 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i2.8950

Abstract

Buying and selling is an activity based on an agreement with the deliveryof (leveraging) and paying the agreed nominal between those who bindthemselves to buying and selling activities. With the development of the CashOn Delivery transaction system, in this case the background of this research isas a solution to legal issues related to how legal protection and legal remediesare carried out by business actors Trading Through Electronic Systems (PMSE)from the consequences of consumer negligence in educating themselves asconsumers. properly. This study uses a juridical-normative research methodthat focuses on formal norms (laws and regulations) in Indonesia. Thisstudy provides results that online business actors can still or can take legalefforts to protect their rights as business actors who carry out online buyingand selling transactions with consumers with the COD system with 2 legalremedies (Non-Litigation and Litigation). However, in dealing with legalissues in a civil manner, business actors can carry out non-litigation effortssuch as consultation, negotiation, conciliation, mediation which are easy, fastand economical.
Co-Authors Adi Herlambang Ainun Sabrina Ardiansyah Hamid Cahyani Aisyiah Chandra Supriyanto Dewi Astutty Mochtar Dhaniar Eka Budiastanti Fadilla Dwi Lailawaty Hendra Djaja Imam Koeswahyono Kadek Wiwik Indrayanti Khotbatul Laila Lydia Kurnia Putri Rosari Mohammad Ghufron Az Mohammad Gufron Muhammad Panji Mahardika Nabila Alifa Ch Nahdiya Sabrina Sagi Janitra Selvia Wisuda Sunarjo Sunarjo Vivi Sylvia Purborini