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Bagus, Shalahudddin Serba
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ANALISIS HUKUM TERHADAP PENGAMPUAN ATAS PENYANDANG DISABILITAS MENTAL (Studi Penetapan Pengadilan No. 2238/Pdt.P/2021/PN.Sby.) Rusydi, Rusydi; Bagus, Shalahudddin Serba; Sholihan, Sholihan; Sudin, Amatus; Qulub, Annafidzatul
Madani Jurnal Politik dan Sosial Kemasyarakatan Vol 16 No 01 (2024): Februari 2024
Publisher : Universitas Islam Darul Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/madani.v16i01.6247

Abstract

Law Number 8 of 2016 concerning Persons with Disabilities states: "Persons with disabilities may be declared incompetent based on the decision of the district court." Related to these provisions, in applications for the forgiveness of mentally destabilized persons, the Applicant must follow the procedures stipulated in the laws and regulations, state the reasons, and also clearly state the Applicant and the party requested for custody (Respondent).The purpose of this study is to examine the importance of the forgiveness institution regulated in the Civil Code (KUH Perdata) and the legal consequences related to Determination Number 2238 / Pdt.P / 2021 / PN. Sby. This research is a normative legal research using a statutory approach, a concept approach, and a case approach. Legal material is taken by conducting literature research. Analysis of legal materials is carried out by quoting and reviewing relevant articles of laws and regulations. In contrast, the opinions of scholars quoted are then used as a theoretical basis to answer the subject matter.Based on the results and discussion of the legal issues raised, it can be concluded that the importance of forgiveness regulated in the Civil Code is to find out the parties related to the application for forgiveness, the type of authority of the custodian in managing the interests of the civil and the Respondent, so that there is no abuse by the custodian.
Rasio Legis Kewenangan Mahkamah Agung Terkait Permohonan Uji Pendapat Keputusan Dewan Perwakilan Rakyat Daerah (Studi Putusan Mahkamah Agung Nomor 02/P/KHS/2020) Bagus, Shalahudddin Serba; Rusydi, Rusydi; Sholihan, Sholihan; Kusdiantinah, Sri
Madani Jurnal Politik dan Sosial Kemasyarakatan Vol 16 No 01 (2024): Februari 2024
Publisher : Universitas Islam Darul Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/madani.v16i01.6248

Abstract

Law Number 23 of 2014 concerning Regional Government places the Regional People's Representative Council (DPRD) of the district as the organizing element of Regional Government. In carrying out its duties, authorities, and functions, the District DPRD has the right to interpolate, questionnaire, and express opinions. Implementing these three rights is related to the thought that the policies of the regent or local government will have a broad impact on the lives of the community and regions and are contrary to the provisions of laws and regulations.The purpose of this study is to examine the authority of the Supreme Court to conduct an opinion test on the DPRD Decision against the Regional Head and how the process of requesting a DPRD opinion test until the determination of the final decision (Supreme Court decision). This research is a normative legal research using a statutory, concept, and case approach. The collection of legal materials is carried out by conducting literature research. Legal materials are analyzed by quoting and reviewing relevant articles of laws and regulations. In contrast, the opinions of scholars quoted are then used as a theoretical basis to answer research questions.Based on the discussion results on the legal issues raised, it can be concluded that the Supreme Court has the authority to review the opinion of the DPRD. It can be taken as an example in the opinion test of the Jember Regency DPRD; the Supreme Court stated that it rejected the Jember Regency DPRD Decree Number 08 of 2020 because it was not supported by data on the submission of the Regent's Opinion in the forum of interpellation rights and questionnaire rights and administrative violations of governance in the field of personnel. The Jember Regent had followed up the preparation of regional apparatus institutions.
Perlindungan Hukum Konsumen dalam Jual Beli yang tidak Sesuai Dengan Perjanjian pada Transaksi E-Commerce Sholihan, Sholihan; Rusydi, Rusydi; Bagus, Shalahudddin Serba; Sudin, Amatus; Qulub, Annafidzatul
Madani Jurnal Politik dan Sosial Kemasyarakatan Vol 16 No 01 (2024): Februari 2024
Publisher : Universitas Islam Darul Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/madani.v16i01.6249

Abstract

Advances in information and communication technology (internet) are not only to find various information, but some people make it a medium for conducting transactions in e-commerce. The positive aspects of e-commerce transactions, in addition to saving time, are also more certain prices, but that does not mean without weaknesses; for example, the goods purchased are not as promised. Of course, this harms consumers, so there are disputes between consumers and business actors. Therefore, there needs to be legal protection, considering that consumers are often positioned as weak parties. This study examines whether the elements in e-commerce transactions meet the aspects of buying and selling in the Civil Code and how the Consumer Protection Law provides legal protection if the goods purchased by consumers are not by the agreement. This research is a normative legal research using a statutory, concept, and comparative approach. Legal materials are collected through literature research. Legal materials are analysed by quoting and reviewing relevant articles of laws and regulations. At the same time, the opinions of scholars are cited and used as a theoretical basis to answer research questions.The results of the discussion of research problems can conclude that the main elements in e-commerce transactions are buyers, sellers, goods and prices by the aspects of buying and selling in the Civil Code. Still, in e-commerce transactions, additional parties are involved, namely intermediaries. For consumers who feel aggrieved because the goods purchased are not by the agreement, the form of legal protection is to be able to claim compensation through litigation or non-litigation channels.
Co-Authors Kusdiantinah, Sri Qulub, Annafidzatul Rusydi Rusydi Sholihan Sholihan Sudin, Amatus