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Erniwati
Fakultas Hukum Universitas IBA
Law, Crime, Criminology & Criminal Justice

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PERSAINGAN USAHA DALAM HUKUM ISLAM Meirina Dewi Pratiwi; Erniwati
Justici Vol 12 No 2 (2019): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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There are bussiness competition doing by the bussiness performer in bussiness activity. From the benefit side, the competition in bussiness activity is an effective way to reach the optimalization of resources usability. Indonesian bussiness development has brought a lot of conglomerate groups which would also bring the negative effect, such as the low protection to the consument and the small industry. These kind of monopoly thing have become the crucial topic in this country nowadays. If we observe from the Islamic perpective, the small benefits that we got from our bussiness is a lot better than doing the bussiness monopoly things since it is reflected the fairness itself. How is the concept of good Bussiness competition according to the islamic law ? How is the bussiness' code of ethics according to the islamic perspective to create the proper bussiness competition as the purpose of Undang-Undang Tahun 1999 no. 5 ? Market needs to be based on the "limited" freedom and the cooperation. Based on the efficiency principle and environmental preserve, distribution principle. In urgent situation Islam has allowed the market intervention by doing monopoly of law, which objected to three things, such as water, grass, and fir
Kebijakan Hukum Dalam Sistem Peradilan Pidana Anak Dengan Pendekatan Keadilan Restoratif di Pengadilan Negeri Palembang STA. Latief Hasjim; Erniwati Erniwati
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract This writing discusses the Legal Policy in the Child Criminal Justice System With the Restorative Justice Approach in the Palembang District Court. Criminal Law (KUHP) as well as in the special provisions of Law Number 11 Year 2012 concerning the Criminal Justice System for Children. Then in the implementation of the restoration in general has been going well in accordance with the provisions of the existing law in accordance with the trial according to the legal order so as to bring up negative which is a trauma that is feared to be used on the face. Many people involved in discussions about restoration in the form of diversion at the time of the prosecution or examination in court consider some of these factors, discuss about the preparation among various parties participating in research, help in correcting, correcting, assessing, assessing that which is contrary to the law in Palembang District Court is very likely that the performance of the juvenile judge is not yet optimal. For this reason, the writer, through this thesis, requests that and the need for policies to increase the number of children in Palembang District Court
KEBIJAKAN HUKUM PIDANA DALAM MEREHABILITASI NARAPIDANA ANAK A.Latief Hasjim; Erniwati Erniwati
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Crime or crime does not limit gender and is not monopolized by adults or parents, in fact not even a small number of children are perpetrators of crime, which is generally "blue collar crime" or "blue collar crime". But whatever type of crime is committed, if the crime is serious and dangerous enough, then of course it can be imposed with imprisonment, whose excess is certainly not very good for a child. is the next generation of the nation. The criminal law policy in the field of fostering child convicts within the framework of rehabilitation efforts, is quite complete, governing successively regarding: Legal Policies Regarding Criminal Children and Child Prisoners, Legal Policies Regarding Institutions for Criminal Rehabilitation of Children, Forms and Stages of Child Prisoners Development
KEKUATAN PEMBUKTIAN DIGITAL SIGNATURE PADA PERJANJIAN E-COMMERCE BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Erniwati Erniwati; Meirina Dewi Pratiwi
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Both the digital signature and the conventional signature both have different media, but basically the use of a digital signature or a conventional signature is an act that has the same legal consequences, namely giving birth to a legal relationship between the parties making the agreement. Now with the existence of the ITE Law as positive law, electronic deeds are considered the same as conventional deeds, as well as electronic signatures whose power of proof will be considered the same as manuscript signatures. This is regulated in Law No. 11 of 2008 on Information and Electronic Transactions in accordance with article 11 of the ITE Law
TANGGUNGJAWAB PARA PIHAK YANG MELAKUKAN WANPRESTASI DALAM PERJANJIAN USAHA WARALABA ONLINE Erniwati Erniwati; Hj. Suryani Yusi
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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The franchise agreement is a legal guide that outlines the responsibilities of the franchisor (often called the franchisor) and the franchisee (which is often called the franchisee). When the franchisee agrees to the franchise business offered to him, he must comply with the existing agreement. the same should also apply to online franchises. On average, these online franchises are small-scale franchises, if anyone is interested in running this business, the agreement or agreement occurs only through social media without a standard agreement between the two parties. They did not see each other nor did they have any job training related to marketing concepts. When the agreement exists and a certain amount of money has been sent, that's when the online franchise agreement took place. The responsibilities of the parties in the online franchise agreement are contained in Articles 5, and 7 of Law Number 8 of 1999 concerning Consumer Protection.
TINJAUAN YURIDIS NORMATIF EKSISTENSI ASAS LEGALITAS DALAM HUKUM PIDANA INDONESIA Suryani Yusi; Erniwati Erniwati
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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The principle of legality is one of the main principles that is used as the basis in every administration of government and state in every legal state. In criminal law, the principle of legality is related to determining whether a Criminal law can be applied to criminal acts that occur. So, if there is a crime, it will be seen whether there are legal provisions that regulate it and whether the existing rules can be applied to the crime that occurred. The criminal law system that we adhere to contains the principle of legality contained in Article 1 paragraph (1) of the Criminal Code which states that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed.
UPAYA PEMERINTAH DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP NASABAH FINTECH (PEER TO PEER LENDING) Meirina Dewi Pratiwi; Erniwati Erniwati
Justici Vol 15 No 2 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract The development of technological advances has changed everything, including the pandemic that hit the world from 2020. Advances in the digital world besides the payment method that was originally only with cash turned into cashless or e-money, shopping that was previously face-to-face between sellers and buyers can now be done online. . The government through Bank Indonesia and the Financial Services Authority as the agency authorized to regulate Financial Technology. In accordance with the category, has issued technical regulations in regulations related to financial technology. In its development, many fintechs have had problems, both legal fintech and illegal fintech because they are not in accordance with government regulations. Legal protection is a description of the workings of legal functions to realize legal goals, namely justice, expediency and legal certainty. Efforts to modernize the legal framework to provide a legal landscape started with many people thinking that this online loan was an easy and fast solution to get money. The development of the fintech industry is also attached to the negative stigma of the community, especially in the way of billing. launching the Fintech Innovation Hub as a development center and becoming a national one stop contact for Fintech. In addition, following up on the agreement with Kominfo, OJK has prepared a Certificate Authority (CA) in the financial services sector. CA as a certificate issuer for a digital signature of financial service actors, can guarantee that an electronic transaction that is digitally signed has been secured and has legal force.
PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA MELALUI DIVERSI BERDASARKAN SISTEM PERADILAN PIDANA ANAK Suryani Yusi; Erniwati Erniwati
Justici Vol 16 No 1 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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ABSTRACT Children as perpetrators of these crimes must be responsible for their actions. This must be done so that it can teach the child a lesson, so that in the future the child does not repeat the same mistake. Giving punishment to children must pay attention to aspects of child development and the best interests of children. Children who commit crimes must still be protected and their rights considered so that they do not interfere with or even damage the child's growth period. The problems in this paper are what are the factors that cause children to commit crimes and how is the legal protection for children who are perpetrators of crimes in the Juvenile Criminal Justice System. regulates the protection of children in conflict with the law through diversion in Chapter II, in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14
Co-Authors A.Latief Hasjim Meirina Dewi Pratiwi STA. Latief Hasjim Suryani Yusi