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All Journal Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Apri Amalia
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum terhadap Reseller Akibat Penjual Melakukan Wanprestasi dalam Jual Beli Online : (Studi Putusan Nomor: 629/Pdt.G/2022/PN.Jkt.Sel) Novita Sari; Jarnawi Hadi Saputra Tanjung; Apri Amalia
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 1 (2025): Maret: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i1.1312

Abstract

The online buying and selling system makes it easier for people to make transactions and creates business opportunities for business people to develop business transactions in collaboration with resellers without having to meet face to face, such as online buying and selling transactions for Namastudios bags. Online buying and selling transactions between suppliers and resellers are carried out by mutual agreement where the rights and obligations of the parties are regulated to avoid risks. However, there was a default in 2018 by the supplier that the goods sent did not match what was agreed. So resellers suffer quite a lot of losses. For these losses, the reseller filed a lawsuit at the South Jakarta District Court. The aim of the research is to provide legal protection and to find out the application of judges in court decision no. 629/Pdt.G/2022/PN.Jkt.Sel. The research method uses normative juridical research with a case approach which uses data collection methods through secondary data which is analyzed qualitatively. The results of the research are legal protection for resellers for default, based on Article 1320 of the Civil Code, where the agreement made is not in accordance with the agreement, it is null and void, where the supplier is obliged to compensate the reseller for losses. The application of the judge's law in the decision is that the judge granted part of the decision and stated that the Defendant had committed an act of breach of contract based on Article 1320 of the Civil Code which did not fulfill one of the conditions for the validity of the agreement, namely the agreement contained in the notarial deed.
Pertanggungjawaban Hukum Kepolisian Yang Melakukan Kealfaan Dalam Tindakan Diskresi Terhadap Tindak Pidana Lalu Lintas Apri Amalia; Johannes Mangapul Turnip
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.560

Abstract

Discretionary actions are the authority of investigators who are decided by the Police in dealing with legal issues ini the field directly and without asking for instructions or decisions from their superiors. The discretion exercised by investigators basically must comply with statutory regulations and the code of ethics for the police profession. However, in reality there is still discrimination in the exercise of police discretion. The aim of the research is to find out the mechanism of impelemntation and legal accountability for the police who do negligence ini traffic discretion. The research method uses normative research conducted using a statutory approach and concepts related to the police. The data used are secondary data ini the form af laws and regulations, books, scientific papers, experts, articles and then these data are processed qualitively. The results of the study show that the mechanism for applying police discretion to traffic crimes at the investigative level is that the police go to the scene of a traffic accident and then make a sketch af the crime scene, help the victim, record witness, secure avidence, the police make a case analysis and exercise discretion in case of an accident, light. The discretionary authority of the police causes investigators to have the authority to make decisions or choose various actions in resolving the law violations they handle. The discretionary authority og the police which is individual in nature is the resolution of traffic accident cases by way of deliberation between the parties involved in the accident. Criminal liabity for negligence by members of the Indonesian National Police is based on article 359 of the Criminal Code, it is proven that the actions of the defendant because of thin negligence caused another person to die is punishable by imprisonment for a maximum of five years of imprisonment for a maximum of one year.
Co-Authors Jarnawi Hadi Saputra Tanjung Johannes Mangapul Turnip Novita Sari