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Journal : Legalpreneur Journal

The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI) Ahadin, Ahadin; Azmi, Syariful; Sahputra, Rilawadi
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5129

Abstract

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.
Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City Pramono, Rahman; Sahputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5128

Abstract

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.
Criminal Acts Of Attempted Rape Yanng Resulting In A Sense Of Fear ( See Also Decision No. 474 / Pid/2013 / Pt-Mdn) Sahputra, Rilawadi; Basri, Hasan
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6239

Abstract

Sexual violence is a serious offense that involves the coercion of sexual relations without consent, and affects victims in various aspects of their lives. In Indonesia, coercion of sexual relations with violence or threats against women outside of marriage is a complex social problem. The issue of sexual violence, especially involving attempts to force a woman to have sex outside of marriage through violence or threats of violence, has become a profound problem and affects many aspects of human life, both legally, socially, and psychologically. These actions not only violate human rights, but also reflect the deep gender inequality in society. This study aims to examine the phenomenon from three main perspectives: legal, social, and psychological. From a legal perspective, the sexual coercion of a woman outside of marriage through violence or the threat of violence constitutes a serious violation of the laws governing human rights and the protection of women. In this context, in Indonesia, sexual violence is regulated in law No. 12 of 2022 on the crime of sexual violence (TPKS), which provides greater protection for victims and establishes more severe sanctions for perpetrators. Socially, this phenomenon highlights the structural injustices that often occur, in which victims are often blamed or ignored by society, as well as the existence of social stigma towards victims of sexual violence. Patriarchal social norms and gender inequality further exacerbate this situation, leading many victims to feel isolated and afraid to report the violence they experience. From a psychological perspective, sexual coercion can leave a deep traumatic impact on the victim. Such Trauma not only affects the emotional and mental state of the victim in the short term, but can also continue in the long term, affecting interpersonal relationships, and overall mental health. Psychological disorders such as post-traumatic stress disorder (PTSD), depression, anxiety, as well as feelings of inferiority are often experienced by victims of sexual violence. This study aims to provide a more comprehensive picture of the interaction between these three perspectives and how legal, social, and psychological factors play a role in shaping victim experiences as well as in sexual violence prevention and response efforts. Thus, the results of this study are expected to contribute to the development of more effective policies in addressing the problem of sexual violence, as well as increasing public awareness of the importance of protecting women and the mental well-being of victims of sexual violence.
Violent Crime Resulting In Serious Injury In Positive Law Sahputra, Rilawadi
Legalpreneur Journal Volume 1, No. 2 April 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i2.3135

Abstract

This study aims to determine, assess, and analyze the rights of child victims of acts criminal persecution resulting in serious injury in Indonesia. Research methods used in this study is a normative legal research that is prescriptive. Research approach used is the law related to the legal protection of children who become victims of criminal acts of persecution that resulted in serious injuries such as The Book Of Law Criminal law, Child Protection Act, witness and Victim Protection Act, Law on juvenile criminal justice system and the Code of Criminal Procedure. Types the data used are primary data and secondary data. Data collection techniques using library study techniques. Data analysis used is a deductive analysis technique. This research concluded that the rights of children victims of abuse resulting in serious injury provided for in the Child Protection Act, The Witness and Victim Protection Act, and the juvenile justice system. But the implementation of protection of rights- rights of child victims of abuse that resulted in serious injury is still not optimal especially in the case of prosecution for damages due to criminal acts experienced by children.