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All Journal Jurnal Ilmiah Penegakan Hukum COJ (Coastal and Ocean Journal) Media Hukum Indonesia (MHI)
Latisha, Najwa
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Agriculture, Biological Sciences & Forestry Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Platform E-Commerce Terhadap Penipuan Oleh Pelaku Usaha Terverifikasi Yang Mengakibatkan Kerugian Konsumen Rasyid, Mohammad Haikal; Jannah, Ghina Rhoudotul; Fiana, Vinka Arzetta; Latisha, Najwa; Nurfajriana, Syifa; Sakti, Muthia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12521807

Abstract

This research aims to explain the types and forms of liability held by e-commerce platforms in cases of fraud by verified business actors. This includes a legal analysis of the platform's liability towards aggrieved consumers. This can improve the liability mechanism, e-commerce platforms can build consumer trust. Consumers who feel protected are more likely to shop online, which in turn can increase transaction volume and profits for e-commerce platforms. The method used in this research is Juridical-Normative by conducting research sourced from literature and from the results of decisions related to the Law or commonly referred to as library legal research conducted by examining secondary materials only. The results of this study are that consumer protection in digital transactions in Indonesia is regulated by the GCPL and ITE Law. In the case of fraud in ordering roof tiles on Tokopedia, there is negligence on the part of Tokopedia and vendors that violate the law. Consumer rights according to the GCPL have been violated, so the responsibility is not only on the deceptive seller but also on Tokopedia as a platform provider. However, Tokopedia does not support its consumers in resolving this dispute.
Indonesia's Concrete Efforts to Ensure Australia's Accountability for Marine Pollution Resulting from the Montara Oil Spill Latisha, Najwa; Syahda Mauldiyani; Retno Hariarti; Irwan Triadi
Coastal and Ocean Journal (COJ) Vol 8 No 2 (2024): COJ (Coastal and Ocean Journal)
Publisher : Pusat Kajian Sumberdaya Pesisir dan Lautan IPB

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/coj.v8i2.55481

Abstract

The marine pollution caused by the Montara oil spill in Australian waters has created serious challenges to the marine environment in Indonesian waters. This conflict has not been declared terminated until now due to the failure of Australia to exercise its responsibility under the provisions of UNCLOS 1982. The study aims to analyze the firm and concrete efforts that Indonesia can make to hold Australia accountable for the impact of such pollution, as well as the forms of accountability that Australia is supposed to take against Indonesia. This research uses normative legal methods, or library research, through legislative approaches and the study of the rule of law. The findings show that Indonesia can take a diplomatic approach, bring legal claims through international courts, and firmly acknowledge the challenges and economic pressures of withdrawing Australia's accountability. The responsibility of the Australian side should also be insisted on by Indonesia by acting in accordance with the provisions of international law, where there is compensation equal to the territory of Indonesia and the injured parties. Through diplomatic analysis, regional cooperation, and legal approaches, the study contributes to an understanding of the complexity of managing the impact of marine pollution at the international level and the importance of ensuring full accountability in order to preserve the global marine environment.
Optimalisasi Regulasi Transformasi Digital Perbankan dengan Implementasi Berbasis Environmental Social Governance Sebagai Bentuk Transisi Menuju Green Banking Latisha, Najwa; Dirkhareshza, Rianda
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.13700

Abstract

This article aims to examine the optimization of banking digital transformation regulations in regulating digital bank risk management practices to support the transition to green banking with ESG (Environmental, Social, and Governance)-based implementation. The problem is focused on the analysis of banking digital transformation regulations. In order to approach this problem, legal theories are used as references with a normative juridical approach. The data collected through literature studies with a legislative, comparative, and conceptual approach, and analyzed qualitatively. This study concludes that in order for the green banking transition to be comprehensive, ESG-based implementation is needed, but ESG has not been regulated in a law in Indonesia. This research is important because the absence of ESG-related rules will create legal uncertainty. This can be overcome by integrating ESG-related rules in the rules of good governance principles through a law. Therefore, with the regulation of ESG-based implementation integrated in the application of good governance principles in a law, banking digital transformation regulations can be optimal in their implementation to regulate ESG-based implementation that creates legal certainty for digital banks so that the transition to green banking can be comprehensive.  
Co-Authors Dirkhareshza, Rianda Fiana, Vinka Arzetta Irwan Triadi Jannah, Ghina Rhoudotul Muthia Sakti Nurfajriana, Syifa Rasyid, Mohammad Haikal Retno Hariarti Syahda Mauldiyani