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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Educational Research Excellence (IJERE) Jurnal Smart Hukum (JSH)
Jum Anggriani
Lecturer at the Faculty of Law, Pancasila University, Jakarta
Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Role of the Consumer Dispute Resolution Agency (BPSK) Regarding Developer Consumer Rights that are Not Fulfilled Rezky Saftiaan; Indah Harlina; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1018

Abstract

The Consumer Dispute Resolution Agency (BPSK) was established as a solution to avoid resolving consumer disputes through general courts. Proceeding in the general court takes a long time and costs a lot of money, whereas resolving consumer disputes requires fast and cheap procedural law. Consumer Dispute Resolution Agency Provisions in Law Number 8 of 1999 concerning consumer protection which strictly regulates consumer rights that consumers have the right to correct, clear and honest information regarding the actual condition and guarantee of goods/services, of course the Consumer Protection Law accommodating legal certainty for consumers to obtain the rights to everything they want or buy, so that legal certainty for consumers if they do not get clear and correct information from developers or business actors for consumers who buy a house or place to live can be guaranteed if their rights their rights are not fulfilled .
Legal Certainty of Specific Time Work Agreements (PKWTT) Against Outsourced Labor Based Outsourcing Law Number 6 of 2023 concerning Determination Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law Mellan Noviani; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1023

Abstract

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with no limitations on the scope of work that can be outsourced. This changes some of the provisions of Law Number 13 of 2003 concerning employment. Perppu Number 2 of 2022 in conjunction with Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, where the cluster that regulates employment is newly regulated in this Law, including regarding outsourcing and/or outsourcing with revoke the provisions of the Job Creation Law Number 11 of 2020. In Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, it is emphasized that outsourcing is regulated more specifically through Government Regulation (PP) Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Time Rest, and Termination of Employment. So this creates legal loopholes and uncertainty as per the constitutional rights of citizens regarding welfare rights and as in Article 28 paragraph 1 and paragraph 2. Every person has the right to work and receive fair and decent compensation and treatment in the employment relationship.
Legalization of Medical Marijuana Use in Legal Perspectiveand Human Rights Andreas Sapta; Jum Anggriani; Eric Stanley
International Journal of Educational Research Excellence (IJERE) Vol. 3 No. 2 (2024): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijere.v3i2.883

Abstract

Provisions in Law Number 35 of 2009 concerning Narcotics regulate that marijuana is included in class one. Marijuana is a narcotic which is categorized as an addictive substance with a very high scale of danger to health. Marijuana is a substance/drug that can cause a decrease or change in consciousness, loss of taste, reduce pain and is addictive (dependence). Marijuana is included in a group that cannot be used in general, but in certain doses and with the permission of the government, in this case the Minister, it can be used for the development of science. Researchers say that Marijuana makes a positive contribution, and is generally safer to consume than drugs other than Marijuana which contain many chemical ingredients, thus causing side effects in the medical world. What is discussed in this research is how the use of marijuana is regulated by law in Indonesia and whether the use of medical marijuana violates human rights in Indonesia. The research method in this writing is normative research, using a statutory approach, case approach and conceptual approach. This research concludes that regulations on the use of marijuana are contained in Law No. 35 of 2009 and the use of medical marijuana does not violate human rights.
Juridical Analysis on Crypto Assets: A Study of Collateral Institutions in the Indonesian Context Dea Tunggaesti; Jum Anggriani; Andrey Mario Wahyu
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4987

Abstract

This research aims to analyze crypto assets in the global aspects that have developed very rapidly, and the economic value of some cryptos has been widely recognized and factual at present; furthermore, with its value, it is treated as a virtual asset. As an asset, crypto may face the possibility of potential utilization as collateral in society and raises the issue of whether regulations and laws provide adequate regulation and protection against such utilization. This legal research aims at the development of law in such context which is considered crucial to provide legal protection for the public from opaque practices related to crypto and its risks that may affect the legal and economic interests of the parties concerned within the Indonesian jurisdiction. The method used is normative legal analysis with a statutory approach and secondary data sources, particularly literature review, Indonesian laws and regulations have been used in this research. The main result of this research is that the legal norms in Indonesian security law and the parties' freedom of contract may generally cover the utilization of assets of a legal entity as collateral, but it lacks legal norms and functions to protect the rights and economic interests of creditors against the potential risks of crypto assets, which may lead to unclear practices in society. Therefore, the need for legal development regarding security law in Indonesia needs to include and determine when crypto assets can or cannot be utilized as legal collateral in Indonesia's future, as well as legal functions and remedies to support the protection and legal certainty of current issues related to crypto asset risks.
Co-Authors Andreas Sapta Andrey Mario Wahyu Dea Tunggaesti Eric Stanley Indah Harlina Mellan Noviani Rezky Saftiaan