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All Journal Journal of Development Research
Setiawan, Galih Nicky Roby
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Civil Engineering, Building, Construction & Architecture Education Social Sciences

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Legal Review of Lawyers Who Have Been Fired From One Organization to Another Hanin Alya Labibah; Setiawan, Galih Nicky Roby
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.437

Abstract

The Chief Justice of the Supreme Court issued Letter No. 73/KMA/HK.01/IX/2015, which regulates related to significant changes in the advocate organization system. The letter of the Chief Justice of the Supreme Court was not accompanied by a revision of the Advocate Law, so the legal uncertainty that led to his profession until now continues and affects the upholding of the ethics of the legal profession itself. The existence of legal uncertainty causes conflicts between members, which can cause members to be fired or resign from one advocate organization and then easily move to another advocate organization. The purpose of this study is to find out and analyze related to the legal rule in Indonesia for advocates who have been fired from one organization to another, as well as to find out the legal impact of unregulated procedures. This type of research is normative legal research with a conceptual approach, a legislative approach and a case approach. From this study, it can be concluded that in terms of the problem of the rule of law in Indonesia for advocates who have been fired from one organization to another, it can be said that there is a legal vacuum (rechstvacuum), in positive law the legal vacuum can be said to be a legislative vacuum. Furthermore, the legal impact resulting from the unregulated procedures on the legal vacuum on the advocate organization causes legal uncertainty in the community and the advocates themselves and further causes chaos to the service in the legal field.
Legal Implications of Internet Service Disruptions on Late Payment Penalties in Digital Consumer Transactions Labibah, Hanin Alya; Damayanti, Miranda; Lestari, Arum Ayu; Setiawan, Galih Nicky Roby; Ningsih, Yuli Pertiwi
Journal of Development Research Vol. 10 No. 1 (2026): Volume 10, Number 1, May 2026
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v10i1.513

Abstract

The development of digital technology has made internet services the primary means of conducting transactions; however, internet service disruptions often cause legal problems, especially related to late payments and the determination of the parties' responsibilities. This study aims to analyze the legal implications and forms of consumer protection for losses arising from internet service disruptions in digital transactions. The research method in this study is normative legal research with a legislative and conceptual approach. The results of the study show that late payments due to internet service disruptions can be categorized as force majeure as long as they meet elements beyond their control and cannot be predicted. In these conditions, consumers cannot be burdened with responsibility in the form of late fines or compensation due to the non-fulfillment of the elements of fault in default. In addition, the rigid application of the fine clause without considering the factual conditions is contrary to the principle of good faith and the principle of fairness in the agreement. In conclusion, internet service disruption in digital transactions has significant legal implications, especially in determining whether there is a default and the responsibility of the parties. If the disruption is proven to be force majeure, then the consumer cannot be burdened with the obligation of compensation or late fines due to the non-fulfillment of the elements of fault in default. It is necessary to strengthen force majeure through the restriction of standard clauses that are detrimental to consumers in digital transactions.
Co-Authors Hanin Alya' Labibah Lestari, Arum Ayu Miranda Damayanti Ningsih, Yuli Pertiwi