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All Journal Novum : Jurnal Hukum Journal of Law, Poliitic and Humanities
Mahmada, Elya
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Seller's Responsibility for Non-Conforming Goods in an Online Sale and Purchase Agreement Online at Lazada Mahmada, Elya; Susilowati, Indri Fogar
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v2i2.53338

Abstract

Buying and selling transaction activities have developed hand in hand with improving technology. The increase in E-Commerce media also gave birth to a Marketplace. One of the Marketplaces in Indonesia is Lazada. In the Civil Code, Article 1457 explains the definition of buying and selling. Even though the agreement was formed with the intention that all transactions go well, when one of the parties does not fulfill the agreement's contents, this is the default. The problem that arises from this is that many sellers commit defaults, such as sending goods that are not suitable. This research aims to find out the form of the seller's default responsibility in the online sale and purchase agreement on the Lazada Marketplace and to find out the buyer's legal protection due to default by the seller in the online sale and purchase agreement on the Lazada Marketplace. This study uses normative legal research. The study results show that sellers committed default cases in carrying out what was promised. However, it should not have been promised. The seller is responsible for exchanging goods in line with the two principles of accountability, namely, the principle of liability based on fault and the principle of breach of warranty. According to Article 1234 of the Civil Code, compensation for costs, losses, and interest due to non-fulfillment of the agreement is only obligatory if the party must fulfill the agreement after being declared negligent in fulfilling the agreement. The seller must carry out the form of responsibility as compensation. 
Legal Status of Profession Waqf from a Positive legal Perspective in Indonesia Dwi Putri Nirmala, Rindang; Adzantyassurya Qotrunnada, Amara Srie; Mahmada, Elya; Nida Tahaanii, Aanisah; Andhita Putri, Karin
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.442

Abstract

This research paper, "Legal Status of Profession Waqf from a Positive Legal Perspective in Indonesia," explores the emergence of a new form of waqf called profession waqf, where individuals donate their professional skills for public welfare, necessitating clear legal regulations. Building upon previous research, this study aims to establish a legal framework that aligns with Islamic principles and Indonesian law to maximize the potential of profession waqf. Using a normative legal research method, the study reviews primary and secondary legal materials to understand the legal status of profession waqf in Indonesia. The findings aim to bridge the regulatory gap and optimize the societal benefits of profession waqf, particularly in supporting religious activities, education, and health services. Waqf holds great potential to enhance the welfare of Indonesian society and is continuously evolving. The Indonesian Waqf Board (BWI), as the governing body for waqf management in Indonesia, has introduced several contemporary forms of waqf, including profession waqf. Profession waqf involves contributing human knowledge and skills in physical and non-physical domains. This research aims to understand the concept of profession waqf and its subjects in practice in Indonesia. The findings indicate that profession waqf involves endowing one's profession or expertise for the common good of society following applicable legal regulations. The subjects of waqf include the Waqif Profession, who contributes their skills or profession; the nazir, who manages the waqf assets; and the mauquf alaih, the beneficiaries of the waqf, which may be specified directly in the waqf deed or declaration or not specifically mentioned.
Co-Authors Adzantyassurya Qotrunnada, Amara Srie Andhita Putri, Karin Dwi Putri Nirmala, Rindang Nida Tahaanii, Aanisah Susilowati, Indri Fogar