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All Journal Media Hukum Indonesia (MHI)
Lidowati, Alvina Maretia
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Law, Crime, Criminology & Criminal Justice

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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 Hukum Perdata Pada Perlindungan Hukum Bagi Para Pihak Dalam Kontrak Digital: Studi Kasus Sengketa Saldo DANA Anami, Mulan Kasisty; Lidowati, Alvina Maretia; Panjaitan, Rachel Netanya; Fadhila, Rasya Aika; Purba, Diana Febri Nauli; 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.15260235

Abstract

The rapid development of information technology in the digital era has led to the emergence of digital contracts as agreements conducted through electronic media. Digital contracts share similarities with conventional contracts and are binding to the parties involved as regulated in Article 1320 of the Civil Code, but pose new challenges regarding legal protection for involved parties. This study aims to analyze the legal basis for protection in digital contracts and its practical application. Using a normative juridical method, this research examines regulations such as the Civil Code, ITE Law, Government Regulation No. 71 of 2019, and PDP Law to understand the validity of digital contracts and dispute resolution mechanisms. A case study on DANA balance disputes highlights that while regulations are in place, the implementation of legal protection still requires strengthening. The findings of this study are expected to provide recommendations for enhancing the effectiveness of legal protection in digital contracts in Indonesia.
Analisis Putusan Pengadilan Militer Terhadap Penyalahgunaan Senjata oleh Prajurit TNI Sianturi, Catherine Rosalina; Lidowati, Alvina Maretia; Amalia, Firda; Rahayu, Cantika Tresna; Adam, Chelsea Kairadinda; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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The misuse of firearms by members of the Indonesian National Armed Forces (TNI) constitutes a serious violation that not only breaches military discipline but also poses a threat to civilian security and public trust. This study aims to analyze the legal considerations in military court decisions involving soldiers who have misused firearms, as well as to assess the effectiveness of verdict implementation, the forms of legal accountability imposed, and the impact of public pressure on judicial proceedings. Using a normative juridical approach and case studies of several military court rulings, the findings indicate inconsistencies in sentencing, the influence of the defendants’ relationships with superiors, and a lack of transparency and internal oversight. Moreover, public pressure plays a significant role in shaping judicial outcomes—both as a driver of justice and as a potential threat to judicial independence. Reform of the military justice system is needed through strengthened oversight mechanisms, improved disciplinary training, and safeguarding judicial independence in order to achieve substantive justice and uphold public confidence
Studi Yuridis Terhadap Kewenangan Militer Dalam Penanganan Bencana Alam di Indonesia Lidowati, Alvina Maretia; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15585137

Abstract

Military comes from the word miles, meaning people who are ready or assigned to go to war. The military is a tool of the state that is assigned to go to war and defend the country. Legal politics in the current era or after the reform era states that those who commit general crimes must be subject to general justice. Therefore, in Indonesia itself, regulations are regulated regarding the formation of military justice in Indonesia. Referring to the country of Indonesia which is an agricultural country with a geographical area flanked by two continents and two oceans, Indonesia's position is very strategic because its territory is very potential. Although Indonesia has a potential area, Indonesia is very disadvantaged because it has a territory located in the ring of fire area. Thus, Indonesia becomes an area prone to natural disasters due to this. Therefore, the military also has a role to help overcome natural disasters because the military has the capacity in the form of the ability to carry out tasks which are in fact in emergency conditions with its command network down to the regional level. This is based on the fact that natural disaster management is not only the task of BNPB and BPBD according to the military, but this proves that the military can also help with problems related to natural disaster management
Co-Authors Adam, Chelsea Kairadinda Anami, Mulan Kasisty Fadhila, Rasya Aika Firda Amalia Karaniya, Avishtya Siti Panjaitan, Rachel Netanya Purba, Diana Febri Nauli Rahayu, Cantika Tresna S, Surahmad Sianturi, Catherine Rosalina Tarigan, Fortius Leonard Gersang Triadi, Irwan Zevanya, Cristella