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Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Maulina Rahmah Nurazizah; Luthfiyah Shabrinah; Sinta Mayana; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Maulina Rahmah Nurazizah; Luthfiyah Shabrinah; Sinta Mayana; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
Enforcement of the Law in the Sociological Domain Kharis Kayla; Sukarno Sukarno; Dimas Yogapangestu; Diky Dikrurahman; Deni Yusup Permana
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 4 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i4.190

Abstract

The purpose of this study is to examine how law enforcement is applied in Indonesia's sociological context. The results of the investigation indicate that community involvement is necessary for the application of law enforcement in the sociological sphere. It is believed that the community's participation and involvement in law enforcement can be used as a controlling factor when making decisions about the appropriateness of punishment for lawbreakers. The community can play a major role in reducing the number of legal infractions and deviations from unlawful acts that have become sociological phenomena by actively participating in the monitoring, supervision, and evaluation of the law enforcement practices in this nation.
Implementation of Restorative Justice in Theft Cases (Case Study LP/B/14/VII/SPKT) Clara Camelia Santhia; Audrey Adellawati; Dadan Taufik Fathurohman; Diky Dikrurahman
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 5 (2025): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i5.1436

Abstract

Restorative Justice (RJ) is a non-litigation approach to resolving criminal cases that focuses on repairing the harm caused by the crime while fostering reconciliation between the victim and perpetrator. This study examines the implementation of RJ in a theft case under Article 363 of the Criminal Code in Cirebon in 2024. The purpose of this research is to evaluate how the police utilized RJ to address the theft and prioritize the rights of the victims while holding the perpetrators accountable. Using an empirical juridical method, this study analyzes the application of RJ through interviews conducted at the Kedawung Police Station, examining both legal frameworks and practical application. The results indicate that RJ offers an effective, faster, and more cost-efficient resolution for cases like petty theft, promoting victim recovery and perpetrator accountability. The case was successfully resolved when the perpetrator agreed to compensate for the stolen goods and return the victim’s losses through a family-based agreement, fulfilling both material and formal requirements as stipulated in the National Police Regulation No. 8/2021. The study concludes that RJ can be a progressive alternative for resolving criminal cases, though challenges such as community resistance and the need for law enforcement training remain potential barriers to its broader application.
Pertanggungjawaban Hukum Merchant QRIS terhadap Kerugian Konsumen Akibat Kegagalan Settlement Ricko Satriatama; Diky Dikrurahman
Jurnal Hukum Lex Generalis Vol 7 No 4 (2026): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i4.3687

Abstract

This study aims to analyze the legal liability of QRIS merchants for consumer losses due to settlement failures in the electronic payment system. Problems arise when a transaction is declared successful in the consumer application, but the funds are not received by the merchant within a certain period, creating legal uncertainty. The study uses a normative juridical method with a statutory and conceptual approach. Legal materials were analyzed based on the Civil Code, the Consumer Protection Law, Government Regulation Number 71 of 2019 and Bank Indonesia's QRIS regulations. The results show that the division of responsibilities between merchants and Payment System Service Providers (PJSPs) has not been clearly regulated, resulting in disharmony in norms in resolving QRIS transaction disputes. Merchants are, in principle, only responsible for the initial transaction verification stage and providing information to consumers, while responsibility for the settlement process rests with the PJSP. This study recommends strengthening regulatory harmonization and implementing the principle of joint liability to create legal certainty and consumer protection in digital payment transactions.
Analisis Yuridis Kekuatan Perjanjian Lisensi Merek terhadap Pembatalan Merek dalam Perspektif Kepastian Hukum Muhammad Anwar Syadat; Diky Dikrurahman
Jurnal Hukum Lex Generalis Vol 7 No 4 (2026): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i4.3765

Abstract

This study aims to analyze legal protection for licensees in cancelled trademark license agreements and examine the strength of license agreements for cancelled trademarks from the perspective of legal certainty. The research method used is normative juridical with a legal and conceptual approach. The results of the study indicate that Law Number 20 of 2016 concerning Trademarks and Geographical Indications does not explicitly regulate the position of licensees after trademark cancellation. Legal protection for licensees is obtained through contract law, the principle of good faith and civil liability mechanisms. License agreements cannot be implemented after the trademark cancellation decision has permanent legal force.
Perlindungan Hukum Korban Pinjaman Online Ilegal di Kota Cirebon Ahmad Fadhil Jaelani; Diky Dikrurahman
Jurnal Hukum Lex Generalis Vol 7 No 7 (2026): Tema Hukum Pidana
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i7.3766

Abstract

The growth of financial technology has increased the use of online lending services in Indonesia while simultaneously encouraging the emergence of illegal online lending practices. This study aims to analyze the legal framework, the implementation of legal protection and the obstacles to protecting victims of illegal online lending in Cirebon City. An empirical juridical method with a qualitative approach was employed through library research and interviews. The findings indicate that legal protection has been regulated under several laws and regulations; however, its implementation remains ineffective due to low legal literacy, weak supervision and limitations in cyber law enforcement. Strengthening legal education, inter-agency coordination and technology-based supervision is necessary to improve victim protection.
Tinjauan Hukum Kebocoran Data Pribadi Konsumen dalam Transaksi Elektronik Berdasarkan Perspektif Pasal 1365 KUHPERDATA Aufa Aqlani Alparabi; Diky Dikrurahman
Jurnal Hukum Lex Generalis Vol 7 No 4 (2026): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i4.3791

Abstract

This study examines the legal liability of electronic system providers for the leakage of consumer personal data in electronic transactions based on Article 1365 of the Civil Code and the legal remedies consumers can take to obtain compensation. The study uses a normative juridical method with a statutory and conceptual approach. The results show that personal data leakage can be classified as an unlawful act if it meets the elements of Article 1365 of the Civil Code. Consumers can pursue civil lawsuits, seek protection under the Consumer Protection Law and seek administrative mechanisms to obtain legal protection and compensation for personal data leakage.
Efektivitas Pelaksanaan Ketentuan Upah Minimum Bagi Pekerja Berdasarkan Undang-Undang Nomor 6tahun 2023 Tentang Cipta Kerja Niken Rahmawati Putri; Diky Dikrurahman
Jurnal Hukum Lex Generalis Vol 7 No 5 (2026): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i5.4102

Abstract

This study aims to analyze the effectiveness of the implementation of the provisions regarding the provision of minimum wages to workers based on Law Number 6 of 2023 concerning Job Creation and analyze the factors that influence its implementation effectiveness. This study uses an empirical juridical method, namely research that combines secondary data (statutory regulations/theory) with primary data obtained directly from the field. The results show that the provision of minimum wages is clearly regulated in Law Number 6 of 2023 concerning Job Creation and its implementing regulations. However, its implementation is not yet fully effective because violations of below-minimum wage payments are still found. The effectiveness of the implementation of minimum wage provisions is influenced by legal substance, legal structure and legal culture. Consequently, reinforcing institutional oversight and law enforcement, along with enhancing the legal awareness of all parties involved, is essential to ensure that workers' rights to the minimum wage are fulfilled pursuant to the prevailing laws.
Pertanggungjawaban Hukum Pelaku UMKM atas Kecelakaan Kerja Akibat Kelalaian K3 di Kota Cirebon Asilah Nur Azizah; Diky Dikrurahman
Jurnal Hukum Lex Generalis Vol 7 No 5 (2026): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i5.4104

Abstract

This study aims to analyze the regulation and implementation of Occupational Safety and Health (OSH) as well as the legal liability of MSME owners for workplace accidents resulting from OSH negligence at Haji Ola Tofu Factory in Cirebon City. This research employed an empirical juridical method through literature review and interviews. The findings reveal that the employer has provided personal protective equipment; however, OSH implementation remains inadequate due to low worker compliance and weak supervision, leading to workplace accidents. The employer’s liability is limited to covering medical expenses, while the workers have not been registered with BPJS Ketenagakerjaan. This condition indicates that the employer has not fully complied with legal obligations regarding worker protection as mandated by Indonesian labor laws.