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All Journal Unes Law Review Jurnal Hukum dan Pendidikan Kewarganegaraan Academia Open
Matara, Opa Jermias
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Education Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences

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Perlindungan Hukum Bagi Pihak Yang Dirugikan Dalam Perjanjian Jual Beli Online Menurut Hukum Perdata Indonesia Matara, Opa Jermias; Benny Djaja; M. Sudirman
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study discusses theiforms ofilegal protectionifor injured parties inionline sales agreements accordingito Indonesian civil law. The development ofiinformation technologyihas drivenisignificantichangesiin theitrading system, from conventional transactions to electronic transactions. However, this progress has also given rise to various legal issues, such as default, fraud, and a lack of transparency in the implementationiofiagreements. Theipurpose ofithis studyiisito determine how civil law provides protection for injured parties and how the legal resolution mechanisms are. Theiresearch methodiused isinormative legaliresearch withia statutoryiand conceptualiapproach, through a literature review of various primary, secondary, anditertiary legalisources. Theiresults showithat legaliprotectioniin online sales can be achieved throughithe applicationiof theiprinciple ofigoodifaith, the mechanism of default, and unlawful acts as regulated in theiCiviliCode. In addition, the recognition of the validity of electronic agreements iniLaw Numberi11 ofi2008 concerningiElectronic Informationiand Transactionsistrengthensithe legal position of parties in digital transactions. Disputeiresolution canibeipursued throughilitigation orinon-litigationichannels such as mediation and BPSK. This research confirms that the synergy between regulations, public legal awareness, and business actors' responsibilities is crucial in creating effective legal protection for parties harmed in online sales agreements.
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP MITRA DALAM PERJANJIAN KERJA SAMA ANTARA PERUSAHAAN PENYEDIA APLIKASI MARKETPLACE (SHOPEE) DENGAN MITRA (KURIR) Matara, Opa Jermias; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.684

Abstract

This study aims to analyze the legal relationship in the agreement between the Shopee marketplace company and its partners (courier) and to analyze the legal protection for partners in the Cooperation Agreement between the Shopee marketplace company and partners (courier). The method used in this research is normative juridical, namely the study of legal norms, both primary and secondary legal materials. The results of the study show that the legal relationship in the agreement between the Shopee marketplace company and its partner (courier) is a pseudo partnership legal relationship, namely a cooperative relationship that is not balanced with one another, meaning that the relationship is not really mutually beneficial, instead burdening the courier. and contrary to the principle of partnership. In this case, partner status is intended as a way for companies to avoid the obligation to provide wages according to the regional minimum wage (UMR). Legal protection for partners in the Partnership Cooperation Agreement between the Shopee marketplace company and the partner (courier) is to guarantee that discrepancies or errors regarding the goods ordered are not the responsibility of the courier if this is not caused by the fault or negligence of the courier, as stipulated in Article 1708 KUH Civil. Losses suffered by the courier must be reimbursed and accounted for by the seller, if the discrepancy and damage to the goods from the start is the result of the seller's mistake, while the form of legal protection for the courier in the event of a cancellation of the goods order by the consumer is the first to take the mediation route between the consumer and the courier. disputing parties, if no settlement is reached, the dispute settlement will be pursued through legal means.
The Indonesian Supreme Court’s Recognition of the Right to Customary Land in Indonesia: Pengakuan Mahkamah Agung Indonesia terhadap Hak Atas Tanah Adat di Indonesia Matara, Opa Jermias; Tjempaka, Tjempaka
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.14084

Abstract

General Background Customary land rights remain a central issue in Indonesian agrarian law because communal land ownership must be positioned within both national land regulation and living customary norms. Specific Background The dispute over Pusako Tinggi land in Supreme Court Decision Number 3569 K/Pdt/2024 reflects a legal conflict between clan-based inheritance claims and the authority of a customary council over communal customary land. Knowledge Gap The legal protection of indigenous peoples’ rights in this case required further clarification, particularly regarding how formal evidentiary standards interact with customary legitimacy in determining rights over Pusako Tinggi land. Aims This study analyzes the protection of indigenous peoples’ rights to Pusako Tinggi land and the legal consequences of Supreme Court Decision Number 3569 K/Pdt/2024 for customary land protection. Results The findings show that photocopied documents without verified authenticity and de auditu testimony had no evidentiary strength, while the customary council’s evidence established stronger legal and customary legitimacy. The decision recognized the customary council as the legitimate holder of customary land authority and rejected individual claims that were not supported by valid proof. Novelty This study demonstrates that judicial recognition of customary land rights depends not only on normative acknowledgment of indigenous rights but also on authentic evidence, collective authority, and customary legitimacy. Implications The decision supports legal certainty, protects communal land from individual transfer, preserves the social function of Pusako Tinggi land, and emphasizes the need for stronger customary land documentation. Highlights: Photocopied documents and indirect testimony failed to prove lawful ownership. Collective authority received stronger judicial acknowledgment than individual claims. Formal proof remains essential for protecting inherited communal property. Keywords: Protection, Indigenous Peoples, High Heritage Land, Customary Council of the Nagari.
Co-Authors Benny Djaja Djaja, Benny M. Sudirman Tjempaka, Tjempaka