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S, Surahmad
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Analisis Kewajiban dan Perlindungan Konsumen Dalam Kontrak Jual Beli Putri, Alitha Sulistyo; Kirani, Marsyah; Sadi, Multias Febriana; Setiawan, Raniya Qanita; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14217264

Abstract

This study discusses consumer obligations and protection in sales and purchase contracts which are an integral part of the legal relationship between sellers and buyers. In sales and purchase transactions, consumers are often in a weaker position compared to sellers, both in terms of information and the ability to negotiate the terms of the contract. Therefore, the law provides special protection for consumers to guarantee their rights, including guarantees for purchased products, the right to correct information, and the right to compensation in the event of losses due to defective products or products that do not comply with the agreement. This study analyzes various legal aspects that regulate seller obligations, such as the obligation to provide products that are suitable and in accordance with the description, and the obligation not to mislead consumers. In addition, this study also evaluates the role of consumer protection laws in Indonesia in protecting consumer rights, with a focus on Law No. 8 of 1999 concerning Consumer Protection. The research method used is normative juridical with a statutory regulatory approach and case studies. The results of the study indicate that the Consumer Protection Law is effective in protecting consumer rights bound by sales and purchase contracts.
Efek Hukum Perubahan Serta Pembatalan Kontrak; Tinjauan Dari Perspektif Hukum Perikatan Sianturi, Catherine Rosalina; Gustaf Aria, Muhammad; Choirunnisa, Audi Nayla; Nahriva, Agista Zybilla; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14192185

Abstract

Contract amendment and cancellation are crucial issues in the law of ties, especially in the context of maintaining legal certainty and the balance of rights and obligations of the parties involved. This article discusses the legal effects of contract amendment and rescission based on the principles of Indonesian binding law. Based on the Indonesian Civil Code (KUHPer), it examines how modifications to the content of a contract or its unilateral or mutual rescission affect the legal position of the parties. The article also explores the juridical implications of default as a basis for contract cancellation, as well as the role of good faith in contract renegotiation. This research was conducted using a normative approach with a qualitative descriptive analysis method. The results show that contract amendments must be made with the consent of all parties, while rescission can have serious legal consequences, including restitutio in integrum or compensation. This article recommends that contract parties clearly formulate amendment and rescission clauses to avoid future disputes.
Pandemi Covid-19 Sebagai Alasan Force Majeure Dalam Kontrak Bisnis Maliq, Alita Aulia; Thahir, Ali; Faliskha, Aulia Najla; Azhari, Fadli; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14189636

Abstract

The Covid-19 pandemic has severely disrupted various business sectors, including the fulfillment of contractual obligations. Many parties to business contracts faced difficulties in meeting their obligations due to restrictions such as lockdowns and movement limitations. In this context, force majeure has been used as a basis to postpone or adjust contractual obligations. This study aims to analyze the use of force majeure during the Covid-19 pandemic as a basis for deferring business contract obligations and to explore dispute resolution mechanisms resulting from breaches of contract. The research method employed is a literature review, collecting and analyzing relevant sources related to force majeure and dispute resolution mechanisms during the pandemic. The findings indicate that force majeure can be applied as a basis for delaying contractual obligations during the pandemic, though its implementation requires thorough analysis based on contract provisions and evidence of the pandemic’s direct impact. Recommended dispute resolution mechanisms are negotiation and mediation, given their flexibility and efficiency. In conclusion, flexibility and efficient dispute resolution are crucial in addressing contractual challenges during the Covid-19 pandemic.
Konsep Kewajiban Dalam Hukum Perikatan: Teori dan Penerapannya Dalam Hukum Kontrak Stevani, Frisca Adelia; Silalahi, Riovaldi Paruntungan; Pridehan, Syahla; Maharani, Velissa; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to examine the concept of obligation in the law of engagement as regulated in the Civil Code (KUHPerdata) and how the basic theories of obligation are applied in the practice of contract law in Indonesia. This research uses a normative legal method with a statutory and doctrinal approach, as well as analyzing court decisions related to bonds and contracts. Obligations in contract law include various types, namely primary obligations, additional obligations, conditional obligations, alternative obligations, and undivided obligations. In addition, this research also explores the forms of default that commonly occur in binding relationships, such as inability to fulfill obligations, delays, or violations of the substance of the contract, as well as default resolution mechanisms applied in the practice of contract law in Indonesia. The focus of this research is to provide an integrated analysis of how theories of liability can be implemented effectively and fairly in the context of civil law. The results of the research are expected to provide a comprehensive guide for academics, legal practitioners, and the general public to understand the application of liability theories in engagement and default resolution in Indonesia.
Analisis Terhadap Konsep Perjanjian dan Unsur-Unsur Perjanjian dalam Hukum Perikatan Raynee, Rasheesa Ryash; Ni’matussa’idah, Zulfa Layla; Salsabilasyah, Firyal Nur; K, Karren; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14194221

Abstract

Agreements are an important part of the contract law system that is used to regulate the rights and obligations between the parties involved. Agreements create binding relationships and provide legal certainty. The research we conducted aims to further understand the concept of agreements, their elements, and the applicable legal basis. With a normative legal approach, this study examines the things that affect the validity of agreements, such as agreement, the ability of the parties involved, clarity of objects, and objectives that are in accordance with the law. In addition, this study also discusses important principles in contract law, such as the principle of mutual agreement, freedom to make agreements, the obligation to comply with agreements, and good faith, which are a strong basis for implementing agreements. This study found that contract law not only provides certainty and protection for the parties involved, but also provides a way to resolve problems if someone does not fulfill their promise. With the development of society and technology, contract law continues to adapt to remain relevant in maintaining justice and legal certainty in society. The results of this study are expected to be a reference for academics and practitioners to understand and implement valid and binding agreements according to current legal developments.
Perbuatan Melawan Hukum (PMH) Sebagai Perikatan Yang Lahir Karena Undang-Undang: Implikasi Terhadap Penentuan Ganti Rugi Febriansyah, Raafid; Kurniawan, Zhufar Athalla; Syahladin, Firny Ramadina; Larasati, Giaby Amanda; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14242631

Abstract

Unlawful acts are an obligation arising from the law and their impact on determining compensation. In an increasingly complex era of globalization, individuals are often involved in cooperation that requires a strong understanding of the law of obligations regulated in the Civil code. The legal relationship between the parties must be legally recognized by fulfilling the requirements for the validity of the agreement. The purpose of this study is to analyze how to determine the amount of compensation arising from Unlawful Acts, as well as the variables that influence the application of the principle of propriety in court decisions. By using a normative legal approach, this study found that determining compensation requires four important elements: the existence of an Unlawful Act, losses, a causal relationship between the loss and the Unlawful Act, and an error by the party committing the Unlawful Act. These findings are expected to contribute to legal practice and the court's handling of cases related to Unlawful Acts.
Perlindungan Hukum Terhadap Pihak yang Dirugikan Dalam Wanprestasi Rahayu, Cantika Tresna; Adam, Chelsea Kairadinda; Amalia, Firda; Vazkya, Ni Komang Revalina Senandung; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14058588

Abstract

Legal protection for parties harmed by default is an important issue in contract law. Default, referring to the failure of one party to fulfill obligations in a contract, often results in significant losses for the aggrieved party. This study aims to analyze the types of legal protections available for the harmed party and the dispute resolution mechanisms that can be applied. Using a qualitative approach, this research explores both preventive and repressive aspects of legal protection, including the creation of clear and specific agreements as well as legal actions that can be taken after a default occurs. The findings indicate that while various protective mechanisms exist, there are still many challenges in their implementation. Therefore, there is a need to enhance awareness of the importance of legal protection and enforcement of the rights of harmed parties to create justice in contractual relationships.
Analisis Kewajiban Para Pihak Dalam Perjanjian Sewa Menyewa Rumah Tinggal Siregar, Michael Alpray; Sinaga, Elsa Nurhayati Roulinta; Siagian, Natanael Robona Asimi; Rafli, Ananda; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14199989

Abstract

Rental housing agreements are a common form of transaction in communities. This article aims to analyze the obligations of the parties to the rental agreement to rent dwellings, both on the tenant and owner's side. The method used in this study is normative law research or library law research. Owner's obligations include provision of livable housing, maintenance of facilities, and compliance with applicable legal provisions. On the other hand, the tenant's obligations include timely rent payment, maintaining the conditions of the house, and complying with the conditions agreed upon in the contract. The study also found that violations of these obligations could lead to legal disputes, making it important for both parties to understand their rights and obligations clearly.
Konsekuensi Hukum dan Upaya Hukum Mengenai Wanprestasi dalam Kontrak Karaniya, Avishtya Siti; Lidowati, Alvina Maretia; Zevanya, Cristella; Tarigan, Fortius Leonard Gersang; S, Surahmad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14241595

Abstract

Breach of contract can arise from various factors, such as financial inability, miscommunication, or even deliberate action. In the context of a sale and purchase agreement, breach of contract can arise from various causes, such as late delivery of goods, non-conformity of the quality of goods, or even the inability to pay the agreed price. The legal impact of a breach of contract on a sale and purchase agreement is very significant. The party who suffers a loss due to breach of contract has the right to claim compensation, cancel the contract, or file other claims in accordance with applicable law. In overcoming breach of contract, the injured party can take several steps, such as sending a warning letter or filing a lawsuit. However, in overcoming breach of contract, it is necessary to be careful and maintain sufficient evidence to prove that the party committing the breach of contract has failed to fulfill the obligations agreed in the contract. The normative legal research method uses a literature study approach which is carried out by examining the approach of theories, concepts, reviewing laws and regulations related to this research or the approach of legislation. The results of the study show that when one party to an agreement fails to fulfill its end of the bargain, a breach of contract occurs. There are many different causes, such as carelessness, malice, economic shifts, broken promises, unforeseen circumstances, or misinterpretation of the terms of the contract. Starting with an initial warning, lawsuit, deliberation, and sometimes an appeal or cassation, the legal process for filing a breach of contract case consists of a series of stages.
Analisis Tanggung Jawab Hukum Pembeli Atas Wanprestasi Dalam Transaksi E-Commerce Dengan Metode Pembayaran Cash On Deliver Ridwan, Abdurrahman Faiz; Diksy, Khoirunnisa Putri; Azzahra, Novita Fitria; Silitonga, Rafhael Roberto; Raynee, Rasheesa Ryash; S, Surahmad
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15206693

Abstract

At present, the development of technology and information is increasing at the same time as the increasing use of the internet and social media among the public. This can also affect transaction activities in Indonesia. Cash On Delivery or commonly shortened to COD is one of the popular payment methods among Indonesians because it provides convenience for consumers in carrying out transaction activities. However, there are often violations of agreements or defaults committed by buyers, such as refusal of orders without clear reasons or the inability of consumers to pay for goods that have been ordered. This research purposes to conduct a study related to the legal responsibility of the buyer in violation of the agreement or what is commonly called default in electronic commerce transactions or e-commerce using the Cash On Delivery (COD) payment method and analyze how the impact will be on business people and the form of legal responsibility of the buyer in these problems. This research uses a normative juridical research method that focuses on legal analysis through normative studies and laws and regulations. This method also includes collecting information related to positive law, legal principles, doctrines and other legal aspects related to sale and purchase agreements, defaults and e-commerce transactions. The data in this research comes from two types of materials, the first is primary materials, namely the Civil Code (KUH Perdata), Legislation and other Regulations. Meanwhile, secondary materials consist of journals, opinions of experts, and other research results related to the research topic. The results of this study can provide suggestions related to e-commerce transactions, especially for buyers to better understand the legal responsibilities in conducting e-commerce transactions using the Cash On Delivery (COD) method. In addition, a stronger protection system for sellers on social media platform in e-commerce transactions is also needed to deal with various problems of default committed by buyers.
Co-Authors Adam, Chelsea Kairadinda Anami, Mulan Kasisty Azhari, Fadli Azzahra, Novita Fitria Choirunnisa, Audi Nayla Diksy, Khoirunnisa Putri Fadhila, Rasya Aika Faliskha, Aulia Najla Febriansyah, Raafid Firda Amalia Gultom, Stevanus Redvin Novertua Gustaf Aria, Muhammad Hasibuan, Muhamad Abdul Aziz Hidayanto, Nur Jantra K, Karren Kaban, Divany Harbina Emzilena Karaniya, Avishtya Siti Kirani, Marsyah Kurniawan, Zhufar Athalla L, Leon Larasati, Giaby Amanda Lidowati, Alvina Maretia Maharani, Velissa Maliq, Alita Aulia Manalu, Bryan Septian Nahriva, Agista Zybilla Ni’matussa’idah, Zulfa Layla Panjaitan, Rachel Netanya Pridehan, Syahla Purba, Diana Febri Nauli Putri, Alitha Sulistyo Putri, Prastiwi Pramudya Putri, Tiara Frianita Rafli, Ananda Rahayu, Cantika Tresna Rahmadia, Mohamad Haikal Raynee, Rasheesa Ryash Ridwan, Abdurrahman Faiz Sadi, Multias Febriana Salsabilasyah, Firyal Nur Setiawan, Raniya Qanita Siagian, Natanael Robona Asimi Sianturi, Catherine Rosalina Silalahi, Riovaldi Paruntungan Silitonga, Rafhael Roberto Sinaga, Elsa Nurhayati Roulinta Siregar, Michael Alpray Stevani, Frisca Adelia Syahladin, Firny Ramadina Tanjung, Salsas Bila Juniyanti Tarigan, Fortius Leonard Gersang Thahir, Ali Vazkya, Ni Komang Revalina Senandung Zein, Muhammad Alif Raihan Zevanya, Cristella