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All Journal JURNAL ILMIAH ADVOKASI CITRA JUSTICIA : Majalah Hukum dan Dinamika Kemasyarakatan
Siregar, Siti Hajar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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THE EFFECTIVENESS OF ELECTRONIC MEDIATION AS A RESOLUTION OF DIVORCE CASES IN THE TANJUNGBALAI RELIGIOUS COURTS Suriani, Suriani; Lubis, Salim Fauzi; Martua, Junindra; Siregar, Siti Hajar; Al Azmi, Chairanda
Jurnal Ilmiah Advokasi Vol 12, No 2 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i2.5380

Abstract

To achieve peaceful dispute resolution, the Supreme Court has shifted from a court approach to a legal dispute resolution approach by utilizing electronic media in the current modern era in order to carry out the administration of justice in a simple, fast and low cost manner and as an effort to increase access to justice. has issued Supreme Court Regulation (PerMA) number 3 of 2022 concerning electronic mediation in court. The purpose of writing this article is to determine the effectiveness of electronic mediation in resolving divorce cases at the Tanjungbalai Religious Court using empirical methods, namely research carried out directly or field observations. This research model comes from social science to research social problems and phenomena. This research was conducted at the Tanjungbalai Religious Court, North Sumatra Province. The conclusion of this research is that mediation of divorce cases at the Tanjungbalai Religious Court which is carried out electronically is not yet effective because it is not in accordance with the intent of the issuance of the Supreme Court Regulation concerning Mediation Procedures in court which is carried out using electronic media in accordance with PerMA number 3 of 2022. This is influenced by by several factors including internal and external factorsKeywords: Electronic Mediation; Religious courts; Divorce
LEGAL PROTECTION FOR CUSTOMERS AGAINST PENALTY EXEMPTION CLAUSES IN STANDARD AGREEMENTS DURING THE COVID-19 PANDEMIC IN INDONESIA Bahmid, Bahmid; Marqom, Ruzian; Siregar, Siti Hajar; Basuni, Zakiyah An Nisa’; Andalarl, Fahrul Azmi
Citra Justicia : Majalah Hukum dan Dinamika Masyarakat Vol 25, No 1 (2024): Februari 2024
Publisher : Universitas Asahan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36294/cj.v25i1.3893

Abstract

This research is a theoretical study of the early repayment clause in standard banking credit agreements during the pandemic. The issue at hand is how standard agreements containing force majeure clauses are examined in light of theories of justice and the doctrine of abuse of circumstances during the COVID-19 pandemic. The research method used in this study is juridical-normative, with a legislative approach. In standard agreements, debtors are only given limited freedom to negotiate, which is associated with consumer protection. Creditors face potential gains and losses due to early repayments, while debtors are constantly at risk of suffering losses, thus undermining fairness. Therefore, the government must intervene to protect society by establishing regulations that can rectify imbalances in banking credit agreements.Keywords: Protection, Agreement, Clause, Creditor, Debtor, BankLEGAL PROTECTION FOR CUSTOMERS AGAINST PENALTY EXEMPTION CLAUSES IN STANDARD AGREEMENTS DURING THE COVID-19 PANDEMIC IN INDONESIA
Co-Authors Al Azmi, Chairanda Andalarl, Fahrul Azmi Bahmid Basuni, Zakiyah An Nisa’ Lubis, Salim Fauzi Marqom, Ruzian Martua, Junindra Suriani Suriani