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Legal Protection and Liability of Business Actors for Lost Packages in Freight Forwarding Services Through PT. JNE Kediri Region MA'RUF, ALI; SUSHANTY, VERA RIMBAWANI
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.175

Abstract

AbstractIn the current digital era, a business that has a good opportunity is the field of expeditionservices. PT. Tiki Lintas Nugraha Ekakurir (JNE) is a privately owned freight forwardingcompany that has many customers. There is a relationship between the delivery serviceprovider and the service user, sometimes there are problems such as loss of goods experiencedby consumers. As a result, consumers do not get their rights, namely the package sent to thedestination. With this, legal protection and the responsibility of business actors are needed toconsumers as users of expedition services.The research method used in solving this problem is normative empirical research. Bymaking direct observations of the liability of service providers and legal protection forconsumers for the loss of goods with a case study at PT. JNE Kediri branch. The statuteapproach is used to obtain legal rules that guarantee legal protection for consumers at PT. JNEKediri.Based on the legal rules for consumer protection written in the Criminal Code, theCommercial Code, the Postal Law and the Consumer Protection Law, it is stated that businessactors have an obligation to maintain the security of packages during the delivery process totheir destination. If the package is lost, the business actor is obliged to compensate theconsumer for the loss. Compensation given by replacing according to the lost package or in theform of money whose nominal value is the same as the lost package. PT. JNE Kediri prioritizesthe interests of consumers, especially in the case of lost packages and seeks a family settlementby taking the negotiation route. As a business actor PT. JNE is obliged to bear the loss of thepackage due to negligence or error by providing compensation in the form of compensation upto 10 times the value of the shipping cost if the package is not insured.
Tracing the Continued Existence of Ulayat Land: Granting Management Rights in the Context of Protecting the Rights of Indigenous Peoples Ma'ruf, Ali; Yakin, Moh. Ainul; Putri, Ervita Septyanto; Karimah, Erlisa Akhlakul; Moechthar, Oemar
Notaire Vol. 7 No. 1 (2024): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v7i1.54223

Abstract

AbstractThe issue of granting management rights over ulayat land to third parties is still being debated. Management rights originating from communal land are contrary to the concept of the management right itself. Management rights, which are part of the authority of State control rights, are contradicted by management rights that can originate from ulayat land because indigenous peoples have ulayat rights on the ulayat land. For ulayat land that still has the status of ulayat rights of indigenous peoples, if given management rights, the ulayat rights must be released by the indigenous peoples. Thus, the communal land becomes free state land. The granting of management rights on ulayat land is becoming increasingly relevant and complex. Several changes related regulations have raised significant questions regarding the existence of ulayat land and its impact on the sustainability of the lives of indigenous peoples. To accelerate the economy, the government needs to pay attention to the ulayat rights of indigenous peoples over their ulayat land and ensure that these rights are protected and respected. The government also needs to ensure that effective national law enforcement mechanisms are in place to resolve ulayat land disputes. As a result of the granting of HPL on ulayat land, legal uncertainty arises. The existence of ulayat land for indigenous peoples is very important in maintaining the identity, culture, and sustainability of indigenous peoples. Ulayat rights protect the rights of ownership and management of communal land by indigenous peoples so that they can continue cultural practices, traditions, and customs that have existed since the time of their ancestors.Keywords: Management Rights; Ulayat Land; Indigenous People.