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All Journal Media Hukum Indonesia (MHI)
Putri, Tiara Frianita
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Law, Crime, Criminology & Criminal Justice

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Prinsip Pertanggungjawaban Mutlak Akibat Perbuatan Melawan Hukum Dalam Sengketa Pencemaran Lingkungan Ardiansyah, Aldizar Fikri; Rizqathallah, Mohamad Rifqi; Saputra, Rafi Rangga; Putri, Tiara Frianita; Patricia, Zefanya; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11634422

Abstract

This research reviews the principle of strict liability resulting from unlawful acts, implemented in environmental pollution disputes. An unlawful act, as stipulated in Article 1365 of the Indonesian Civil Code (KUH Perdata), is an act that violates civil law, either contained in an agreement or not, and causes harm to third parties. However, in its application, especially in environmental law enforcement, there are weaknesses in proving the element of fault. The principle of strict liability is regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, which means that in cases where environmental damage occurs, the defendant is absolutely responsible for the damage, regardless of intent or negligence. This research analyzes the decision of the North Jakarta District Court Number. 735/Pdt.G/2018/PN.Jkt.Utr., where PT How Are You Indonesia was found guilty of environmental pollution. According to Article 88 of Law Number 32 of 2009, those producing hazardous and toxic waste (B3) are strictly liable without the need for proof of fault. The judge granted the plaintiff's claim, declared the defendant guilty, and ordered them to pay compensation of IDR 12,198,942,574, emphasizing the importance of compliance with environmental standards and sending a strong message to other business actors.
Pertanggungjawaban Developer Dalam Kasus Wanprestasi Atas Perjanjian Jual Beli Properti Melalui Sistem KPR Kaban, Divany Harbina Emzilena; Adam, Chelsea Kairadinda; Amalia, Firda; Putri, Prastiwi Pramudya; Putri, Tiara Frianita; S, Surahmad
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15205896

Abstract

The issue of breach of contract by developers in property sale and purchase transactions through the Mortgage Loan (KPR) scheme has become a significant concern in consumer protection in Indonesia. This research aims to analyze the legal responsibility of developers and the legal protection efforts for consumers who suffer losses due to breach of contract in property sales under KPR agreements. The research method used is normative legal research with a statutory and case study approach. Data collection techniques include literature review, analysis of legal documents, and empirical data from banking reports and relevant cases. The data were analyzed qualitatively by interpreting applicable legal provisions and reviewing their implementation in practice. The results show that in the tripartite legal relationship between developers, consumers, and banks, each party has rights and obligations based on the principle of freedom of contract. When a developer commits a breach of contract, consumers are entitled to legal protection as stipulated in Law Number 8 of 1999 on Consumer Protection and the Indonesian Civil Code. This protection includes the right to compensation, the right to accurate information, and access to dispute resolution mechanisms. Consistent law enforcement is essential to safeguard consumer rights in the KPR system.
Co-Authors Adam, Chelsea Kairadinda Ardiansyah, Aldizar Fikri Firda Amalia Kaban, Divany Harbina Emzilena Patricia, Zefanya Putri, Prastiwi Pramudya Ramadhani, Dwi Aryanti Rizqathallah, Mohamad Rifqi S, Surahmad Saputra, Rafi Rangga