Garuda - Garba Rujukan Digital

Legal Protection for Roller Coaster Users Who Suffer from Safety Device Failure in Amusement Parks Simbolon, Mhd Hilman Hawli; Adiwibowo, Yusuf; Kusuma, Ajeng Pramesthy Hardiani
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8860

Tourism has been a major focus in Indonesia's development policy since its inception, due to its natural, cultural, and historical wealth. The development of the times shows people's interest in tourism at affordable prices, one of which is a roller coaster. Roller coasters are exciting game rides with high speeds and challenging spins. In Indonesia, some places like Jatim Park and Dunia Fantasi offer roller coasters. Jember Regency, in particular, has great potential due to its diverse tourist destinations and significant visitor population, including immigrants from outside the city. However, the installation of roller coasters must pay attention to the readiness factor of the ride and weather factors for user safety. The Tourism Act and the Consumer Protection Act provide the right to comfort, security, and safety. However, often amusement parks lack clear readiness and regulations regarding the safety of visitors and often malfunction or failure of safety equipment on high-risk rides in amusement parks. Based on the analysis and discussion of the problems carried out in this thesis, it can be concluded that, First, tourists have the right to get legal protection and compensation based on existing legal rules. Both parties managing the amusement park must be responsible for matters that harm visitors, both material and non-material. Third, accidents in tourist attractions with high-risk activities are real risks. The causes include carelessness of the manager, lack of safety facilities, and visitor behavior. Many tourist attraction managers focus more on profits than on the safety of visitors, ignoring the obligations regulated in the Tourism Law and UUPK.

Strengthening the Regulatory Sandbox as a Synergistic Effort for Investment Climate Growth in Artificial Intelligence Era Jumantoro, Tegar Raffi Putra; Kusuma, Ajeng Pramesthy Hardiani; Putri Triana, Syafira Meylanie
Jurnal Justiciabelen Vol 7 No 2 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i2.8848

The development of Artificial Intelligence (AI) has had a significant influence on various sectors of life, especially investment, which is marked by the rapid growth of Financial Technology (FinTech). Therefore, the regulatory sandbox program was born as an answer to the high rate of FinTech as a mechanism for testing products before they are marketed. In Indonesia itself, the institutions authorized to regulate regulatory sandboxes are Otoritas Jasa Keuangan (OJK) and Bank Indonesia. By using normative juridical methods, researchers conducted an analysis of statutory regulations, namely regulations of OJK and Bank Indonesia (BI) to obtain study results by looking at the effectiveness of regulations regarding regulatory sandboxes in Indonesia. Researchers attempt to provide a juridical comparison between the two institutional regulations. The data collection method was carried out using the library study method and reviewing various library sources. The results of this research show that the use of regulatory sandboxes is very important in investing in Indonesia. Apart from catching up with other countries, the use of a regulatory sandbox also guarantees the protection of consumer rights so that it can attract interest in investing. Researchers provide recommendations in the form of improving coordination between OJK and companies as well as providing adequate resources to facilitate the optimization of regulatory sandboxes in Indonesia. Apart from that, providing regular outreach to the public is very important to increase their understanding of the regulatory sandbox. The research results note that there are still several shortcomings in the use of regulatory sandboxes, such as the lack of accuracy of test results. With this research, it is hoped that several challenges and obstacles from the previous use of regulatory sandboxes can be evaluated by the authorized institutions.

Prinsip Kepastian Hukum dalam Upaya Perlindungan Hukum Pelaku UMKM di Era Modernisasi Ekonomi Digital Kusuma, Ajeng Pramesthy Hardiani
Journal of Economic and Business Law Review Vol 3 No 2 (2023): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v3i2.43335

Perkembangan teknologi dalam era modernisasi memberikan pengaruh yang signifikan terhadap seluruh aspek tanpa terkecuali, termasuk aspek ekonomi. Modernisasi ekonomi digital membuat segala kebutuhan pelaku ekonomi sebagai penggunanya menjadi lebih efisien dan modern. Kelebihan yang ditawarkan dengan adanya modernisasi ekonomi digital mampu memberikan daya tarik yang tinggi bagi pelaku ekonomi dalam mengembangkan bisnisnya, termasuk pelaku UMKM. Usaha Mikro, Kecil, dan Menengah (UMKM) merupakan pelaku bisnis yang bergerak pada berbagai bidang usaha, yang menyentuh kepentingan masyarakat. UMKM memiliki peran penting terhadap pertumbuhan ekonomi nasional. Atas peran penting tersebut tentunya UMKM dituntut untuk menguasai modernisasi ekonomi digital yang tengah terjadi. Dibalik kelebihan yang diberikan oleh adanya modernisasi ekonomi digital yang kompleks, tentu saja membutuhkan perlindungan hukum yang maksimal. Dalam hal ini terwujudnya prinsip kepastian hukum menjadi esensi utama bagi pelaku UMKM untuk mendapatkan haknya sebagai subjek hukum yang diatur dalam perundang-undangan. Pelaku UMKM dapat dengan aman menjalankan bisnisnya jika regulasi yang berlaku menjanjikan kepastian hukum, sehingga kemajuan ekonomi melalui UMKM dapat tercapai.

Memanfaatkan Transformasi Digital untuk Mempercepat Investasi Berkelanjutan Melalui Integrasi Lingkungan, Sosial, dan Tata Kelola (ESG) Kusuma, Ajeng Pramesthy Hardiani; Jumantoro, Tegar Raffi Putra
Veteran Law Review Vol 8 No 1 (2025): Mei 2025
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v8i1.10662

In recent years, digital transformation has emerged as a pivotal catalyst for innovation and efficiency across various sectors, including sustainability. This study investigates the integration of digital technology with Environmental, Social, and Governance (ESG) principles to enhance the sustainable industrial sector in Indonesia. Despite the presence of supportive policies, challenges such as the effective implementation of digital technology and the preparedness of human resources remain significant barriers to achieving this objective. Employing a normative approach, this research analyzes the legal framework governing sustainable investment in Indonesia and assesses the potential of digital technology in accelerating ESG adoption within the industrial sector. Furthermore, it proposes strategic recommendations to cultivate an ecosystem that facilitates digital transformation, emphasizing regulatory measures that reinforce the synergy between technology, sustainability, and investment. The findings of this study are expected to provide valuable insights for policymakers, industry stakeholders, and investors in advancing sustainable investment through digital innovation in Indonesia.

Tanggung Jawab Asuransi Astra Terhadap Tertanggung Atas Kehilangan Sepeda Motor Yang Masih Dalam Proses Kredit Purwasaputri, Bella Adinda; Yasa, I Wayan; Kusuma, Ajeng Pramesthy Hardiani
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.8

The Insured receives goods in the form of a motorbike on credit and then installments are made to complete the payment in full in accordance with the policy agreement between the Astra Insurance Company and the Insured. The Insurer's guarantee for loss or damage to motor vehicles provided to the Insured in the policy is coverage for collision, impact, overturning, falling over, wrongdoing, malicious acts, theft preceded or followed by acts of violence, fire, wheel damage due to accidents, and reasonable costs incurred for maintenance or transportation to a repair shop. The responsibility provided by Astra Insurance is based on the Standard Indonesian Motor Vehicle Insurance Policy based on partial loss or total loss. The insurance claim given is in cash, according to the market price of the motorbike at the time of the incident minus the amount of outstanding installment debt. The method used in this research is normative juridical legal research. The focus of legal research is by examining the application of rules or norms in applicable positive law. The author uses a statutory regulatory approach and a conceptual approach. The result of study is the liability given based on partial loss is calculated based on the cost of repairs required or replacement of damaged vehicle parts, and the total loss given is calculated based on the actual price, namely the market price of the motor vehicle at the time of the loss. Insurance claims given by Astra Insurance are in the form of cash, not in the form of vehicle units according to the initial installment contract. Astra Insurance will replace a number of losses with money based on the market price of the motorbike at the time of the incident minus the amount of installment debt still owed. Keywords : Astra Insurance ; Credit; Insurance Rerponsibility.

Validitas Digital Signature Dalam Smart Contract Terhadap Jual Beli Produk Hasil Pertanian Digital Kusuma, Ajeng Pramesthy Hardiani; Jasmine, Maysha Aulia
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.36

Developments in information technology have changed the way transactions are conducted in agribusiness, one of which is the implementation of smart contracts and digital signatures for the sale and purchase of digital agricultural products. This study aims to examine the validity and legal standing of Smart Contracts and Digital Signatures according to contract law in Indonesia. This study uses a normative method, with a conceptual approach and legal regulations. In this study, something has been found that can show Digital signatures in smart contracts have a valid legal status provided that they meet the provisions stipulated in applicable regulations. In particular, the rules in the ITE Law and PP 71/2019, which provide a strong legal basis for the recognition of digital signatures as a means of authentication in electronic contracts. The implications of digital agricultural product trading practices, by utilizing this technology, have the potential to accelerate transactions, increase efficiency, and provide legal certainty, especially the rights and obligations of the parties concerned. However, support is needed in the form of more detailed technical regulations, education on law and digital for agricultural business actors, and equitable infrastructure development to ensure that the digital transformation in agribusiness is legally valid and fair in its implementation.

Keabsahan Penarikan Paksa Kendaraan Bermotor Secara Sepihak Tanpa Sertifikat Fidusia Triwulandari, Melsa; Kusuma, Ajeng Pramesthy Hardiani; Yasa, I Wayan
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.42

As stipulated in Article 11 of Law Number 42 of 1999 concerning Fiduciary Guarantees (UUJF), registration is required to obtain executory power. The case study of Decision Number 597/Pdt/2020/PT DKI shows that the withdrawal of a vehicle without a certificate is declared an unlawful act. This study aims to analyze the validity of such actions, the legal consequences they entail, and the remedies available to consumers. The methods used are normative legal research with a legislative and conceptual approach, as well as qualitative analysis based on literature review. The results of the study show that repossession without a Fiduciary Certificate is not legally valid because it contradicts Article 15 paragraphs (2) and (3) of the UUJF, and is confirmed by Constitutional Court Decision No. 18/PUU-XVII/2019 jo. No. 2/PUU-XIX/2021, which requires an agreement on breach of contract (default) and is based on a Fiduciary Certificate for the validity of parate execution, or through the courts if these conditions are not met. Such unilateral actions can be classified as unlawful acts with consequences of compensation based on Article 1365 of the Civil Code, while efforts to resolve them can be carried out through non-litigation or litigation channels if no agreement is reached. The research recommendations emphasize the importance of enforcement based on Fiduciary Certificates, compliance by Financing Companies with laws and regulations, and prioritizing dispute resolution through non-litigation means in order to maintain a balance of rights and obligations between creditors and debtors.

Perlindungan Konsumen Atas Praktik Pemindahan Isi Gas LPG Tidak Sesuai Standar Operasional Perusahaan Rahmawati, Alfina Kusuma; Kusuma, Ajeng Pramesthy Hardiani; Yasa, I Wayan
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.45

LPG gas is a primary necessity for the community because it is more practical and efficient than firewood or kerosene. High demand has triggered illegal practices by some businesses, namely transferring subsidized gas cylinders to non-subsidized cylinders using tools that do not meet standards. This action risks causing explosions and losses for consumers. This study aims to analyze the forms of legal protection for consumers, the legal implications for business actors, and efforts to resolve disputes resulting from the distribution of LPG gas that does not comply with company operational standards. The research method used is normative juridical with a statute approach and a conceptual approach. The results of the study show that Legal protection for consumers against the distribution of LPG that is non-compliant with standard operating procedures is implemented through both internal and external mechanisms. Internally, protection is realized through agreements between consumers and business actors to safeguard consumer rights; conversely, external protection is provided by the State through the Consumer Protection Law, which guarantees security, safety, comfort, and legal certainty. This protective framework is further reinforced by the role of the National Consumer Protection Agency (BPKN), which is empowered to supervise and take enforcement action against business actors in violation of the law.. Business actors can be subject to criminal, administrative, and civil sanctions in accordance with Consumer Protection Law, the Oil and Gas Law, and the ESDM Ministerial Regulation. Meanwhile, consumer dispute resolution can be pursued through litigation in court or non-litigation through the BPSK. Consistent law enforcement and strict distribution supervision are necessary to provide legal certainty, safety, and optimal protection for LPG consumers in Indonesia.

Perlindungan Konsumen Atas Kerugian Akibat Ulasan Menyesatkan Pada Produk Barang Di E-Commerce Abdillah, Rayhan Fajar; Handono, Mardi; Kusuma, Ajeng Pramesthy Hardiani
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.48

Over time, problems have arisen for consumers when shopping online. One of these problems is the prevalence of misleading reviews attached to products offered by businesses on E-Commerce platforms. The widespread use of misleading reviews is certainly very detrimental to consumers who want to shop online, as consumers will not obtain accurate information that corresponds to the benefits of the products they intend to buy. The legal research method used in this study is the normative juridical research method with the use of statutory and conceptual approaches. This study has two main discussions, namely the forms of consumer protection and the legal efforts that consumers can take against losses resulting from misleading reviews spread on E-Commerce platforms. In accordance with the main issues discussed, this study analyzes and examines how legal protection is obtained by consumers, both internally sourced from agreements and externally sourced from applicable laws and regulations, as well as how dispute resolution efforts can be pursued by consumers through both litigation and non-litigation methods.

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