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All Journal Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta Unes Law Review Devotion: Journal of Research and Community Service Law Development Journal Sultan Agung Notary Law Review Indonesian Journal of Multidisciplinary Science Journal Of World Science Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Journal Research of Social Science, Economics, and Management Ranah Research : Journal of Multidisciplinary Research and Development Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Penelitian Hukum Indonesia (J-PeHI) International Journal of Sociology and Law Mahkamah: Jurnal Riset Ilmu Hukum International Journal of Law Social Sciences and Management
Wieke Dewi Suryandari
Universitas Darul Ulum Islamic Center Sudirman
Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Transportation Other

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Affirmation of the rights and obligations of couriers in cash on delivery marketplace transactions Ferynando, Hamka; Suryandari, Wieke Dewi; Tohari, Mohamad
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1027

Abstract

The Cash on Delivery (COD) payment scheme in Indonesia has become a popular choice in e-commerce, offering convenience and trust to consumers, particularly those without access to digital banking services. However, this scheme presents significant challenges, particularly for couriers who bear the brunt of operational and financial risks. Despite their role as intermediaries, couriers face unfair expectations, including bearing the costs of unpaid goods or managing buyer dissatisfaction over product non-conformity. This research examines the rights and obligations of couriers in COD transactions through a normative legal and case study approach. The findings reveal systemic gaps in legal protections and a lack of clear regulatory frameworks to safeguard couriers' rights, compounded by unfair corporate policies and limited awareness among couriers regarding their legal boundaries. To mitigate these challenges, the study recommends developing comprehensive legal frameworks, promoting good faith among transaction parties, and exploring innovative solutions such as integrating technology to enhance transparency and accountability. This study contributes to the legal and e-commerce fields by proposing actionable solutions to protect couriers while fostering a sustainable COD ecosystem. Future research should focus on comparative studies of international practices, the psychological impact on couriers, and alternative payment systems to address the inherent risks in COD transactions.
Strengthening legal certainty in the construction sector through the reconstruction of criminal sanctions for building failures Nasirin, Khoirun; Zaini, Naya Amin; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1029

Abstract

The construction sector is vital for Indonesia's national economic development and infrastructure growth, serving as a foundation for public welfare and the built environment. However, the legal framework governing this sector faces significant challenges, particularly in addressing building failures and their associated accountability. The absence of clear definitions and specific criminal sanctions in Law No. 2 of 2017 on Construction Services creates legal uncertainty, undermining both accountability and enforcement mechanisms. This study analyzes regulatory gaps, focusing on weaknesses in existing legal provisions related to construction failures and exploring avenues for reconstructing criminal sanctions to enhance legal certainty and justice. Utilizing a normative juridical research method, the study identifies the ambiguity in defining construction failures and the lack of proportional sanctions as critical barriers to ensuring compliance, safety, and quality standards in the industry. The findings highlight the necessity for legislative reforms to provide a comprehensive definition of construction failure, establish proportional criminal sanctions, and implement effective dispute resolution mechanisms. Such measures aim to strengthen legal protections, foster industry accountability, and promote safer and higher-quality construction practices, contributing to the advancement of Indonesia’s construction sector and public interest.
Reorientation of regulation to accommodate the status of online driver workers Christiyono, Thomas Carlo; Tohari, Mohamad; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1030

Abstract

The gig economy, marked by the rise of digital platforms such as ride-hailing services, has transformed labor relationships, challenging traditional employment regulations. This study examines the legal ambiguity surrounding the employment status of online motorcycle taxi drivers in Indonesia, focusing on the elements of work, wages, and command that align with employment relationships yet remain categorized as partnerships. The lack of regulatory clarity undermines drivers’ access to essential rights such as fair wages, social security, and health protections, exacerbating power imbalances and exposing them to exploitation. This research employs a normative legal method to analyze the regulatory gaps in existing labor laws and proposes a reorientation of regulations to better accommodate online drivers’ status and protect their rights. Findings highlight the need for clear legal definitions, limits on freedom of contract, and regulatory frameworks that ensure drivers’ participation in policy-making. By recognizing drivers as workers, this study advocates for a fairer, more sustainable labor framework, enhancing legal certainty and fostering trust in the digital transportation industry. Future research is suggested to explore comparative worker classification models, the economic impact of worker recognition, and the role of technology in mitigating power imbalances between drivers and platforms.
Legal Protection For Businesses Against Sustainable Innovation In The Digital Realm Hendro, Hendro; Wieke Dewi Suryandari; Lamijan, Lamijan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2155

Abstract

The buying and selling process can now be through non-physical transactions or employing digital media. Physical transactions require buyers and sellers to meet to exchange goods or services directly. However, problems arise when sellers are located outside the area, making it difficult for buyers to access them. Technological advances provide solutions for buyers and sellers who are separated by distance through E-Commerce. E-commerce offers many conveniences in marketing goods or services. Sellers can market their products widely by providing various variants. Marketing via e-commerce does not require a physical store to display products, thereby reducing costs. Meanwhile, buyers can also easily choose the products they want. However, the facts in the buying and selling process via social media generate a risk of loss for consumers and business actors due to the possibility for fraud that could be performed by one of the parties. Losses experienced by business actors are caused by failure to fulfill the achievements that should be carried out by the consumer. It is because numerous people do not understand the principles of security in online transactions, such as verifying the identity of the merchant or customer, security in payment procedures, and other factors that can help deter crime. As a result, criminal cases often occur which cause losses in the digital market, as if cyberspace has no legal rules. The presence of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 8 of 1999 concerning Consumer Protection is a solution to protect actors who transact in E-Commerce.
Implementation of Road Traffic Observation with ETLE as a Form of Legal Development in the Digital Era Loeky Kristanto; Wieke Dewi Suryandari; Hono Sejati
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2159

Abstract

Legal development in the digital era, the implementation of road traffic monitoring with ETLE (Electronic Traffic Law Enforcement) is a new thing in Indonesia. As an innovation, the electronic traffic monitoring system (ETLE) continues to experience continuous development and improvement. It is relevant because the development of ETLE is conducted within an existing legal framework related to traffic regulations, which will most likely interact with other legal aspects in the context of road traffic law enforcement. The research aims to examine the existence of ETLE in the context of the development of traffic law in Indonesia in the digital era, as well as the extent to which traffic law in force in Indonesia is appropriate in responding to the use of ETLE as a new tool in enforcing road traffic law. The method used is a normative juridical method by reviewing existing regulations and literature related to the application of ETLE and traffic law in Indonesia. The research results show that ETLE is a lineup with the direction of the development of Indonesian national law, especially in the context of the current digital era. Apart from that, traffic law in Indonesia also tends to be in line with the use of ETLE as a new tool in enforcing traffic law, although several legal aspects need special attention.
Efforts to Reform Law Enforcement in Tackling Cybercrime Dewi Suryandari, Wieke
International Journal of Law Social Sciences and Management Vol. 1 No. 2 (2024): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v1i2.27

Abstract

Cybercrime in Indonesia has risen significantly, posing threats to personal data security and critical information systems. The Electronic Information and Transactions Law (UU ITE) provides a legal framework for addressing cybercrime by imposing criminal sanctions on offenders. The UU ITE covers various aspects, including personal data protection, online fraud, hacking, and malware dissemination. While UU ITE offers a solid legal foundation, challenges remain ineffective implementation and enforcement. Therefore, it is crucial to continuously update and strengthen regulations and enforcement mechanisms to effectively tackle increasingly complex cyber threats in the digital age.
Legal Uncertainty Regarding Dual Certifications in Agrarian Law in Indonesia Dewi Suryandari, Wieke; Sejati, Hono
International Journal of Law Social Sciences and Management Vol. 1 No. 4 (2024): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v1i4.59

Abstract

Legal uncertainty regarding dual certificates in agrarian law in Indonesia is a significant problem that has the potential to cause prolonged land disputes. Dual certificates can arise due to inconsistencies in the land registration system, officers' negligence, applicants' negative intentions, and invalid administration. It creates uncertainty regarding ownership rights and reduces public trust in the land system. This study aims to analyze the legal uncertainty arising from dual certificates and their implications for legal certainty in agrarian law in Indonesia. In addition, this study also examines efforts that can be made to create legal certainty regarding dual certificates through improvements in the land registration system and the application of stricter legal principles. The research method used is normative juridical with a statutory approach and a conceptual approach. This study is expected to provide a deeper understanding of the problem of legal uncertainty related to dual certificates and solutions that can be applied to overcome this problem in agrarian law in Indonesia.
Legal Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee Suryandari, Wieke Dewi; Tohari, Mohamad
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.35907

Abstract

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Bank Central Asia Semarang City 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang city. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Bank Central Asia Semarang City is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements of the agreement as stipulated in 1320 the Civil Code, the agreement has full binding power. This is based on the provisions in Article 1338 paragraph (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the BCA Finance consumer financing agreement is in accordance with Presidential Regulation no. 9 of 2009 concerning Financing Institutions. The imposition of collateral in the car purchase agreement at BCA Finance uses a fiduciary guarantee as regulated in Act No. 42 of 1999 concerning Fiduciary Guarantees, namely in the form of transferring the ownership rights to the car or the Motor Vehicle Ownership Book (BPKB) from the debtor to a consumer finance company. 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang City is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
The Settlement of Bad Loans and Executions on Warranty Bound in the Concept of Customer Protection Tohari, Mohamad; Dewi Suryandari, Wieke
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.35908

Abstract

This study aims to determine and analyze 1) How is the settlement of bad loans on guarantees tied to mortgages? PT. Bank Mandiri (Persero) Tbk, 2) How is the execution of Mortgage carried out at PT. Bank Mandiri (Persero) Tbk and. This research method uses approach empirical juridical, namely seeing the workings of law in society. The data used are primary data, namely data obtained directly from the field by conducting interviews, as well as secondary data in the form of library research. The data analysis used is a qualitative analysis which draws conclusions deductivelyf. The results of this study indicate that1) The stages carried out by PT Bank Mandiri (Persero) Tbk to resolve non-performing loans according to Bank Mandiri Credit Policy (KPBM) as outlined in the Standard Operating Procedures for Credit Collection and Recovery (SOP CCR), by dividing it into 3 (three) stages, namely: the peaceful settlement stage, the coaching stage, and the credit rescue stage. 2) Execution of mortgage right inPT Bank Mandiri (Persero) Tbk experienced several obstacles that arise, so that in practice the applicable regulations have not been effective, this is due to there is non-compliance with a rule, namely Article 11 paragraph (2) letter (j) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related By Land (UUHT) that is the promise that the grantor of the Mortgage will vacate the object of the Mortgage at the time of execution of the Mortgage.
Co-Authors Christiyono, Thomas Carlo Endy Sulistya Hudi Prayogo Ferynando, Hamka Gilang Indra Hamdani Hamdani Hendra Gunawan, Yusuf Tri Hendro Hendro, Hendro Hono Sejati Hono Sejati Hono Sejati Hono Sejati, Hono Husen, Tulkah Irfan Rizky Hutomo Khoirudin Khoirudin, Khoirudin Lamijan Lamijan, Lamijan Loeky Kristanto Mohamad Tohari Mohamad Tohari Mohamad Tohari, Mohamad Muhammad Zainuddin Muhdar Muhdar, Muhdar Nasirin, Khoirun Ransanoi, Teep Rene Zakharia Pongsilurang Sa’diyanto Sa’diyanto Simanjuntak, Rio Putra Siregar, Ahmad Rizky Sultoni, Wahyudi Suryadinata, Wawan Tri Susilowati Wahyu Rasika Setya Arta Zaini, Naya Amin