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All Journal Media Hukum Indonesia (MHI)
Zaini, Noer Gita Safira
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Law, Crime, Criminology & Criminal Justice

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Analisis Kasus Wanprestasi Dalam Transaksi Jual Beli Secara “Online” Ramadhani, Dwi Aryanti; Dewani, Citranti Hanifah; Nurhayati, Elsa; Zaini, Noer Gita Safira; Rahmadhani, Swastika
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.11402186

Abstract

Agreements in e-commerce and ordinary agreements are not much different, the only difference is the form and application. Default is a term taken from the Dutch word wanprestatie which means failure to fulfill achievements or obligations in an agreement. In this study the author analyzes the court decision regarding default in online / e-commerce sales and purchase agreements, namely Decision Number 629/Pdt.G/2020/PN JKT.SEL" The results of this study show that the legal remedies taken by the Plaintiff for the breach of contract carried out after carry out an analysis regarding the elements of the default committed, evidence is needed and the application of relevant articles that will be used in the dispute resolution process. The legal remedy taken by the Plaintiff for breach of contract was that the Plaintiff gave a warning via subpoena from the Plaintiff's Attorney 2 (two) times, dated 10 and 22 July 2020, where in the first (first) subpoena the Defendant only sent 265 bags on 19 July 2020. Because the Defendant was uncommitted and inconsistent, the Plaintiff filed a lawsuit against the Panel of Judges to examine and decide on the case, punishing the Defendant to obey and submit to the decision/determination of the District Court. The Plaintiff also calculated and based on the law requested that the Defendant return the Plaintiff's money including the obligation to pay an administrative fine of 1.5% (One point five percent) of the Total Transaction.
Polemik Pengelolaan Tanah dan Kepastian Regulasi di IKN: Sengketa Lahan, Potensi Korupsi, dan Menilik Kembali Investasi Zaini, Noer Gita Safira; Shalsabilla, Dhillika; Salamah, Ajeng Prameswari; Nisa, Rifa Fadhilahtun
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15620258

Abstract

This study focuses on the legal and governance aspects related to land management in the development of the Indonesian Capital City (IKN). This study includes an analysis of nationally applicable regulations, including Law Number 3 of 2022 concerning IKN, Presidential Regulation Number 65 of 2022 concerning Land Acquisition, and other relevant regulations. The type of research used in this study is normative legal research, which focuses the analysis on applicable legal norms by analyzing legal principles, laws and regulations, and court decisions to answer the legal problems studied. This study positions law as an autonomous and structured system of norms, which is not only the basis for regulation but also a means to resolve conflicts in society.
Co-Authors Dewani, Citranti Hanifah Nisa, Rifa Fadhilahtun Nurhayati, Elsa Rahmadhani, Swastika Ramadhani, Dwi Aryanti Salamah, Ajeng Prameswari Shalsabilla, Dhillika