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All Journal Journal of Social Science Journal of Social Science Journal of Community Service (Abdisci)
Faisal Hambali
Universitas Swadaya Gunung Jati
Religion Humanities Chemistry Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences Other

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JURIDICAL ANALYSIS OF UNLAWFUL ACTS OF FORGERY OF FIDUCIARY GUARANTEES ARTICLE 35 AS REGULATED IN LAW NUMBER 42 OF 1999 CONCERNING FIDUCIARY GUARANTEES Moh. Sigit Gunawan; Akmal Syaefulloh; Faisal Hambali; Octavia Sastra Agung; Agus Setiawan; Sylvia Rubyeta
Jurnal Abdisci Vol 2 No 9 (2025): Vol 2 No 9 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i9.694

Abstract

Abstract: Background: Fiduciary law was created to provide legal certainty and ease of access to credit in this regard, so the researcher is interested in juridically examining decisions related to the criminal acts of unlawful acts regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees. Aim: The primary focus of the research is to evaluate the judge's legal considerations in applying criminal provisions to the defendant, paying attention to the elements of criminal acts contained in the law. Methods: The research method used is normative legal research with a case analysis approach. The data includes court decisions, laws and regulations, and related legal literature. Results: The study's results show that judges vary in their application of the law in fiduciary guarantee cases. Conclusions: This analysis also highlights the implications of the ruling on legal certainty in fiduciary guarantee practice. Implication: This research is expected to contribute to developing legal understanding of fiduciary guarantees and judicial practices in Indonesia.
The Validity of Standard Clauses on Parking Tickets in the Perspective of Consumer Protection Faisal Hambali; Rois Harliyanto
Journal of Social Science Vol. 7 No. 4 (2026): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v7i4.1079

Abstract

This research is motivated by the continued use of standard clauses in parking tickets stating that the parking operator is not responsible for the loss of vehicles. Such clauses raise legal issues because they potentially transfer the responsibility of business actors to consumers and contradict the principles of consumer protection. This study aims to analyze the regulation of exoneration clauses in parking tickets based on Article 18 of Law Number 8 of 1999 concerning Consumer Protection and to examine the legal consequences of including such clauses. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were obtained through library research and supported by interview results. The findings indicate that clauses stating that vehicle loss is not the responsibility of the parking operator are contrary to Article 18 paragraph (1) letter a of the Consumer Protection Law because they contain elements of transferring the responsibility of business actors to consumers. Based on the Supreme Court Decision Number 3416 K/Pdt/1995, the legal relationship between parking operators and consumers constitutes a bailment relationship, thereby requiring parking operators to remain responsible for vehicles under their control. Consequently, such clauses are null and void and have no binding legal force upon consumers.
The Validity of Standard Clauses on Parking Tickets in the Perspective of Consumer Protection Faisal Hambali; Rois Harliyanto
Journal of Social Science Vol. 7 No. 4 (2026): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v7i4.1079

Abstract

This research is motivated by the continued use of standard clauses in parking tickets stating that the parking operator is not responsible for the loss of vehicles. Such clauses raise legal issues because they potentially transfer the responsibility of business actors to consumers and contradict the principles of consumer protection. This study aims to analyze the regulation of exoneration clauses in parking tickets based on Article 18 of Law Number 8 of 1999 concerning Consumer Protection and to examine the legal consequences of including such clauses. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were obtained through library research and supported by interview results. The findings indicate that clauses stating that vehicle loss is not the responsibility of the parking operator are contrary to Article 18 paragraph (1) letter a of the Consumer Protection Law because they contain elements of transferring the responsibility of business actors to consumers. Based on the Supreme Court Decision Number 3416 K/Pdt/1995, the legal relationship between parking operators and consumers constitutes a bailment relationship, thereby requiring parking operators to remain responsible for vehicles under their control. Consequently, such clauses are null and void and have no binding legal force upon consumers.
Co-Authors Agus Setiawan Akmal Syaefulloh Moh. Sigit Gunawan Octavia Sastra Agung Rois Harliyanto Sylvia Rubyeta