Claim Missing Document
Check
Articles

Found 8 Documents
Search

Position of Electronic Agreements (E-Contract) in Emaster Online Arisan as Evidence in Civil Procedure Law Saputra, Ade Rizki; Gunati, Mira; Faisal, Ryan
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13593

Abstract

In the digital era, the internet has significantly transformed various aspects of life, including financial systems and social interactions. One notable change is the shift from traditional face-to-face arisan (a rotating savings and credit association) to online arisan facilitated through social media platforms and electronic banking. This study examines the legal validity of electronic agreements (e-contracts) in online arisan, focusing on the case of Emaster Online Arisan as evidence in civil procedure law, particularly in Decision No. 41/Pdt.G/2021/PN Pwd. The research employs a normative legal approach, analyzing the Indonesian Civil Code, Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE), and relevant case law. The findings indicate that online arisan agreements, even if not formally documented, are legally binding as long as they meet the requirements stipulated in Article 1320 of the Civil Code, which includes the agreement of the parties, legal capacity, a specific object, and a lawful cause. The study concludes that electronic agreements are recognized and protected under Indonesian law, and the court's decision in the Emaster case underscores the principle of pacta sunt servanda, ensuring that parties must fulfill their contractual obligations
Legal Protection of Coastal Community Rights in the Development of the Indah Kapuk 2 Beach Area: An Agrarian Law Perspective Haspada, Deny; Juli Asril; Ryan Faisal; Saputra, Ade Rizki; Herdiyanti, Siti Handayani; Gunati, Mira; Mardiansah, Songgi
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13718

Abstract

Coastal development projects, such as Pantai Indah Kapuk 2 (PIK 2), have createdsignificant legal and social challenges for long-established coastal communities.This study aims to analyze the legal protection of coastal communities' rights in thedevelopment of PIK 2 from the perspective of agrarian law. Using a normativejuridical method and qualitative analysis, the study reveals a gap between existingregulations and the implementation of coastal community rights protection. Landconflicts emerge as a major issue due to unclear land ownership status and weakcompensation mechanisms implemented by developers. Furthermore, the lack ofcommunity participation in planning processes exacerbates the socio-economicimpacts they experience. Compensation mechanisms tend to focus solely oneconomic value without considering the social and cultural aspects inherent incoastal communities. This study highlights the need for policy reforms in protectingcoastal community rights, including strengthening regulations, ensuringtransparency in compensation mechanisms, and increasing community involvementin decision-making processes. More equitable and sustainable policyimplementations are expected to create a balance between development interests andthe protection of coastal community rights
Non-litigation Settlement of Domestic Violence Cases with Alternative Criminal Case Resolution (Study in Segaran Village, Batujaya Karawang District) Saputra, Ade Rizki; Gunati, Mira; Wartawan, W.; Kurniati, Hj. Yeti; RAS, Hj. Hernawati
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9073

Abstract

This research investigates the process of resolving cases of domestic violence (KDRT) in a non-litigation manner with alternative resolution of criminal cases in Segaran Village, Batujaya District, Karawang. A qualitative approach is used to understand the dynamics of conflict, the factors that influence resolution, and the effectiveness of the process. Through in-depth interviews and participatory observation, the research results highlight the importance of community involvement, inter-institutional collaboration, and community understanding of domestic violence. These findings contribute to the development of more effective and sustainable conflict resolution strategies at the local level
Legal Politics in the 2024 Election Era in Indonesia Saputra, Ade Rizki; Gunati, Mira; Miliyandra, Miliyandra; Firsanti, Ery Rachma; Haryono, Tri Agus
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9074

Abstract

This study investigates legal politics in the 2024 election era in Indonesia with a focus on changes in regulations and decisions of judicial institutions that affect integrity, transparency and fairness in the general election process. By analyzing the development of legal politics during the election, this research aims to understand its impact on the foundations of democracy in Indonesia. The research methods used include document analysis, case studies, and interviews with relevant stakeholders. The results of the study highlight the important role of Constitutional Court decisions in shaping electoral legal politics, as well as the challenges and opportunities in realizing honest, fair and transparent general elections in the future
Trends and Prospects for Crypto Asset Trading in Indonesia Saputra, Ade Rizki
Formosa Journal of Sustainable Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i6.10015

Abstract

Crypto asset trading has become a global phenomenon that affects various aspects of finance, including in Indonesia. This study explores the trends and prospects of crypto asset trading in Indonesia, with a focus on factors influencing market growth, stakeholder perceptions, and implications for the future of the crypto asset market in Indonesia. Qualitative research methods were used to analyze data from interviews with industry experts, crypto market stakeholders, and regulators, as well as a review of official documents related to crypto market regulations and policies in Indonesia. The findings of this study show that the growth of crypto asset trading in Indonesia is driven by the rapid adoption of digital technology, economic factors and global trends. Although still faced with challenges such as regulatory uncertainty, varying perceptions from stakeholders, and the need for stronger infrastructure, the prospects for crypto asset trading in Indonesia remain bright
Legal Protection for Users in Securities Offerings Through the "Securities Crowdfunding" Crowdfunding Service Saputra, Ade Rizki; Santoso, Aris Prio Agus; Suryadi, Agung
Formosa Journal of Sustainable Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i6.10020

Abstract

Raising funds through crowdfunding services, especially in the form of securities crowdfunding, has experienced rapid development as an alternative for financing startups and small and medium enterprises (SMEs). In the United States, the Securities and Exchange Commission (SEC) has set up Regulation Crowdfunding (Reg CF) to oversee this practice, ensuring adequate protection for issuers and investors. However, legal protection in securities crowdfunding faces challenges in adapting to technological changes and market dynamics. This abstract explores the importance of effective regulation, education, and ongoing evaluation to ensure the sustainability of the crowdfunding ecosystem and user security in the future
Restorative Justice Approach to the Juvenile Criminal Justice System in Indonesia Saputra, Ade Rizki; Gunati, Mira; Haryono, Tri Agus; Kurniati, Yeti; RAS, Hernawati
Formosa Journal of Sustainable Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i6.10506

Abstract

The restorative justice (RJ) approach in the juvenile criminal justice system in Indonesia offers an alternative solution that focuses on the rehabilitation and social reintegration of children in conflict with the law. This article discusses the implementation of RJ, the challenges faced, and solutions that can be sought to overcome these obstacles. Using descriptive qualitative methods, this research highlights the importance of training for legal officers, adequate resource allocation, outreach campaigns, and the formation of effective networks as strategic steps in strengthening RJ in Indonesia
Settlement of Investment Disputes Based on the Bilateral Investment Treaty through Arbitration of the International Centre for Settlement of Investment Disputes (Case Study of Rafat Ali Rizvi vs. the Republic of Indonesia) Saputra, Ade Rizki; Gunati, Mira; Faisal, Ryan; Mardiansah, Songgi; Wiradirja, Imas Rosidawati; Pranadita, Nugraha
Formosa Journal of Sustainable Research Vol. 3 No. 11 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i11.12226

Abstract

This study discusses foreign investment disputes involving Indonesia in international arbitration forums, particularly under the jurisdiction of ICSID (International Centre for Settlement of Investment Disputes). The main focus of this study is on the interpretation of the provisions of Article 2 paragraph (1) in the Indonesia-UK Bilateral Investment Treaty (BIT), which regulates the conditions for the entry of foreign investment in Indonesia. In the Rafat Ali Rizvi case, the arbitration panel decided that the process of entering investment that does not comply with the provisions of the Foreign Investment Law (UU PMA) cannot be included in the scope of the BIT. This study provides important recommendations for Indonesia in re-evaluating the provisions in each BIT involving Indonesia, as well as conducting further studies on ICSID arbitration decisions to understand the interpretation of BIT articles related to jurisdiction and the subject matter. Thus, this study aims to strengthen Indonesia's position in facing investment disputes at the international level