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Jurnal Sains Student Research
Published by CV Kampus Akademik Publising
ISSN : -     EISSN : 30259851     DOI : https://doi.org/10.61722/jssr.v2i1.552
Core Subject : Education,
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Fokus & Ruang Lingkup Jurnal Sains Student Research (JSSR), ISSN: (cetak), ISSN: (online) adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh CV. Kampus Akademik Publising . Jurnal Sains Student Research (JSSR) merupakan platform publikasi jurnal Karya suatu hasil penelitian orisinil atau tinjauan Pustaka yang ditulis oleh dosen atau mahasiswa. Ruang lingkup karya yang diterbitkan mencakup Multidisiplin diantaranya yaitu: Manajemen, Ekonomi, Ekonomi Syariah, Akuntansi, Kewirausahaan, Bisnis, Ilmu Sosial Humaniora, Sastra, Bahasa, Pertanian, Kesehatan, Peternakan, perikanan, Politik, Pendidikan, Ilmu Teknik, Sistem Informasi, Teknik Elektro dan Informatika, Desain Komunikasi Visual, Ilmu Komunikasi,Hukum, . Jurnal ini terbit 1 tahun 6 kali (Februari, April, Juni, Agustus, Oktober, Desember)
Arjuna Subject : Umum - Umum
Articles 1,207 Documents
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Analisis Konsep Dan Implikasi Overmacht Dalam Konteks Hukum : Tinjauan Dari Pers Pektif Hukum Perdata Miftahul Jennah; Emalia
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.400

Abstract

The purpose of this research is to find out what contract factors influence Overmacht and how the cancellation of an agreement is caused by Overmacht, which by using normative legal research methods concludes that: 1. Overmacht. overmacht / overmach is a situation that occurs after an agreement is made, which prevents the debtor from fulfilling its achievements, where the debtor cannot be blamed and does not have to bear the risk and cannot speculate at the time the agreement is made. All of this before the debtor fails to fulfill its achievements at the time the situation arises. Factors that influence overmacht, according to the Civil Code, there are 3 (three) elements that must be fulfilled for overmacht, namely: a. Failure to meet achievements; B. There is a cause that lies beyond the debtor's fault; c. The factors causing this cannot be foreseen and cannot be accounted for by the debtor. If a overmacht occurs and fulfills elements a and c, then this overmacht/overmacht is called absolute overmacht or an objective overmacht. The basis is the impossibility (impossibility) of fulfilling achievements because the object is lost/destroyed. If overmacht/overmacht occurs which fulfills elements b and c, this situation is called relative overmacht or subjective overmacht. The basis is that it is difficult to fulfill achievements because there are events that prevent the debtor from doing so. The compelling circumstances that guarantee achievement must be circumstances regarding the achievement itself, because we cannot say that there are compelling circumstances if the circumstances occur later. 2. The legal implications of overmacht, namely that the circumstances that prevent the provision of achievements are not only if it is absolutely impossible for everyone to fulfill their achievements, even if it is impossible or very difficult for the debtor himself to fulfill the achievements. The determination must be based on each case. The implication is that the debtor does not have to bear the risk in compelling circumstances, meaning that the debtor, whether based on law, agreement or according to the views prevailing in society, does not have to bear the risk. Apart from that, due to compelling circumstances, the debtor cannot predict that an event will occur that will prevent the achievement of achievements at the time the agreement is made.
ANALISIS TANGGUNG JAWAB PENGELOLA PARKIR TERHADAP KEHILANGAN BARANG MAHASISWA UIN JAKARTA Rizqi Rahma Adinda; Muhammad Haikal
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.401

Abstract

This research aims to determine the responsibility of parking managers for the loss of goods in parking areas considering that the increasing number of motorized vehicles in Indonesia creates additional problems in the required parking management system. Parking managers are responsible for the security of vehicles and goods in the parking area based on Article 1706 and Article 1714 of the Civil Code (KUHPerdata). Parking management is a matter of public law, but if a relationship exists between the parking manager and consumers, then the concept of certainty and the existence of rights and obligations will give rise to concepts in private law. In 2019, the National Consumer Protection Agency (BPKN) issued Circular Number 1 of 2019 concerning Consumer Protection regarding the Responsibilities of Parking Managers which emphasized that parking managers are responsible for lost goods that occur in the parking area. The parking manager can be held liable by the injured party on the basis of a breach of contract (negligence) in the goods custody agreement between the parking lot manager and the motorbike owner. In the case of lost items from UIN Jakarta students, the parking lot manager can be held responsible for the losses experienced by the student. Parking lot managers also have a moral responsibility to maintain the safety of goods entrusted to them by consumers. Efforts such as strict supervision, installing CCTV cameras, and providing experienced and trained parking attendants must be taken to prevent loss of goods from consumers.
ANALISIS YURIDIS PENGGUNAAN SMART CONTRACT DALAM PERSPEKTIF ASAS KEBEBASAN BERKONTRAK Andini Eka Budiyanto
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.402

Abstract

Smart contracts as a blockchain-based technological innovation invite juridical analysis in the context of the principle of freedom of contract. This research examines the impact of the use of smart contracts on the principle of freedom of contract, which emphasizes the rights and obligations of parties entering into an agreement or contract to determine the terms of the agreement without interference from third parties. Smart contracts provide the possibility of automating contract execution, increasing efficiency and transparency. The displacement of a notary as an official authorized to ratify a deed of agreement or contract raises big questions in this smart contract. Juridical analysis focuses on how these technologies affect the balance between freedom of contract and legal protection against breach of contract. If a contract breach occurs at a later date, will it give rise to legal consequences if it harms one of the parties and what protection can be given to the party who feels disadvantaged? The aspect of legal uncertainty regarding the existence of smart contracts is highlighted in this research, taking into account the complexity of law enforcement and protecting the rights of those making agreements or contracts. This study is interesting to discuss because technology is increasingly developing into the realm of law, but the problem is how the law itself responds to these technological changes. Will the law facilitate or even reject it? In essence, the use of smart contracts opens up new but challenging opportunities in understanding the role of the principle of freedom of contract in the era of advanced technology. Evolving legal and regulatory implications are a critical focus for ensuring continuity between technological innovation and the legal principles underlying it.
Dampak Kehilangan atau Pencurian barang yang Dibeli dengan Kredit pada Pembayaran Cicilan Inayah Maulia
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.403

Abstract

This article discusses the legal implications concerning the loss or theft of goods purchased on credit in installment payments. The main focus of this article is to analyze the legal consequences that buyers may face when goods purchased under a credit scheme experience loss or theft. The discussion involves aspects such as buyer responsibility, the role of the seller or financing institution, and legal protections available to the buyer in such situations. The research method employed is legal analysis, detailing provisions of credit contracts, consumer protection regulations, and relevant court decisions. The research findings highlight the importance of understanding the rights and obligations of buyers in the context of the loss or theft of goods purchased on credit. Legal implications on installment payments also take center stage in outlining the potential impacts on the parties involved in such credit agreements..
Kajian Hukum Tentang Faktor-Faktor Yang Mempengaruhi Pembatalan Perjanjian Atma Bagus Wibowo; Dimas Fian Wahyu Mahardika
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.404

Abstract

This legal study delves into the aspects influencing the annulment of agreements, offering a profound understanding of the legal factors involved in the annulment process. The analysis aims to provide a comprehensive view of the factors that can trigger the annulment of agreements, such as contract violations, non-compliance with agreement terms, or significant changes in conditions. Within the legal framework, this research identifies and evaluates the legal implications of each factor affecting the validity of agreements. Additionally, the study highlights the role of legal jurisdiction and regulations applicable to the annulment process. The research methodology includes the analysis of legal documents, relevant legal cases, and an in-depth literature review. The findings of this research are expected to offer a clear and detailed perspective to legal practitioners, academics, and parties involved in agreements, enabling them to understand and manage risks associated with agreement annulment. The practical implications of this study involve a profound understanding of the legal aspects that need to be considered in agreements, with the goal of enhancing security and sustainability in their execution.
PERJANJIAN JUAL BELI TANAH YANG TIDAK DILAKUKAN DIHADAPAN PEJABAT PEMBUAT AKTA TANAH Besiroh
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.405

Abstract

Problems that occur in the legal activities of buying and selling land often arise from negligence on the part of the seller or buyer. Under the pretext of speeding up administrative matters, it can lead to fatal errors. This case can occur when the sale and purchase of land is not carried out in the presence of the Land Deed Official (PPAT). The aim of this research is to find out the legality of land sales and purchases carried out not in the presence of the PPAT and the position of agreements regarding land sales and purchases carried out not in the presence of land deed making officials (PPAT) using normative legal research methods. Land sale and purchase agreements that are not executed in the presence of a land deed-making official are an important concern in the field of civil law. The purpose of this article is to analyze all legal aspects relevant to land sale and purchase agreements that are not executed in the presence of a land deed official. The juridical review was carried out based on analytical research using literature studies, as well as secondary data obtained from literature, PUU, and Regional Autonomy regulations. In the end, research shows that land sale and purchase agreements that are not executed in the presence of a land deed-making official can still be accepted, provided that the sale and purchase agreement meets the applicable juridical requirements.
Tinjauan Yuridis Wanprestasi Dalam Perjanjian Sewa Menyewa Rumah: (Studi Putusan Nomor 177/Pdt.G/2019/PN.Jkt.Utr) Robbi Firly Firgiyabi Mahlafi
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.406

Abstract

A lease is an agreement whereby one party binds himself to give another party the enjoyment of an item for a certain period of time and with the payment of a price which the latter party is willing to pay. The rights and obligations of the parties in the rental agreement. The rights of the renting party are the rights that will be received by the renting party. The renting party has the right to rent which must be paid by the lessee at a certain time in accordance with the rental agreement. The party who rents out has the right to pandbeslag, which is a confiscation carried out by the court at the request of the renter, such as regarding household furniture in the house being rented out if the tenant is in arrears on the rent for the house to be auctioned off if the tenant does not pay the rent arrears in full. The renting party has the right to request cancellation of the agreement and compensation. The lessor's right is to hand over the leased object to the lessee, maintain the leased object in such a way that the object can be used for its intended purpose. The rental agreement ends in default before the term of the agreement expires, that is, the rental agreement can end automatically at a certain time, after being terminated by observing a certain grace period. Even though a lease is a consensual agreement, the law provides a distinction between a written lease and an oral lease. The legal consequences of a breach of contract in a housing rental agreement if there has been a previous rental agreement, then if one of the parties breaks their promise (default) by not fulfilling the contents of the agreement, then the breaking party (in this case the tenant) can be sued civilly on the basis of breach of contract as regulated in Article 1243 of the Civil Code (Civil Code). Article 1267 of the Civil Code, regulates several things that can be sued/sought by the Owner from the Party who is in default, namely: (1) Fulfillment of the Agreement, (2) Fulfillment of the Agreement with Compensation, (3) Compensation, (4) Cancellation of Agreement, (5) Cancellation of Agreement with compensation.
TANGGUNG JAWAB HUKUM DALAM PERJANJIAN PEMINJAMAN Himmatul Aliyah
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.407

Abstract

Loan agreement is a legal contract involving a lender and a borrower. This paper discusses the legal responsibilities arising within the context of a loan agreement. In this agreement, the lender has an obligation to provide funds or items to be borrowed, while the borrower is responsible for repaying the loan in accordance with the agreed-upon terms. The legal responsibilities of the lender encompass aspects such as providing honest and transparent information regarding loan terms, as well as safeguarding the security and integrity of the borrowed assets. On the other hand, the borrower is expected to comply with applicable regulations and repay the loan in accordance with the agreement, including the payment of any agreed-upon interest. This article also explores the legal implications when breaches occur in a loan agreement, whether by the lender or the borrower. The analysis involves concepts of accountability, legal sanctions, and dispute resolution efforts. Understanding the legal responsibilities in a loan agreement is crucial for all parties involved to carry out the agreement with integrity and compliance with the applicable laws.
ANGGARAN DASAR YANG TIDAK SESUAI DENGAN PASAL 157 AYAT (4) UNDANG-UNDANG NO. 40 TAHUN TENTANG PRSEROAN TERBATAS Nana Eka Wijayanti; Sumriyah
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.408

Abstract

In implementing national economic development, society is the main actor, and the Government is obliged to direct, guide and create a supportive atmosphere. Limited Liability Company, hereinafter referred to as Persero, is a legal entity in the form of a capital partnership, which is established based on an agreement, carrying out business activities with authorized capital which is entirely divided into shares. The articles of association serve as guidelines for running a company. Limited liability companies must determine their articles of association in accordance with UUPT 40/2007 so as not to cause problems for interested parties. Problem Formulation 1. What are the legal consequences for Limited Liability Companies whose articles of association do not comply with UUPT 40/2007? 2. Who is meant by an interested party in the explanation of article 157 paragraph (4)? The purpose of this research is to find out what legal consequences will arise if it is not in accordance with the PT's articles of association based on the PT UUPT and to find out who is meant by interested parties in the explanation of article 157 paragraph (4). In this journal, normative legal research methods are used with the scope of the articles of association of a company. The final result of this journal is the legal consequences if the articles of association are not in accordance with UUPT 40/2007, namely that all legal actions carried out by the PT are considered invalid because they contain formal defects, namely they are not in accordance with applicable law and can be dissolved. The parties interested in the explanation of article 157 paragraph (4) are Notaries, Shareholders, Prosecutors, Bank.
KEABSAHAN HUKUM PERJANJIAN DALAM MODUS PENIPUAN BARANG COD (CASH ON DELIVERY) Alief Sabrina Angelita Irawan; Mas Chusna Ilmiyatus Saida
JOURNAL SAINS STUDENT RESEARCH Vol. 1 No. 1 (2023): Oktober: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v1i1.414

Abstract

The purpose of the study on the Penelitian Hukum Pembeli Perlindungan Hukum Melalui Sistem Elektronik is to understand how the perjanjian jual-belui system is affected by keabsahan and how the penelitian hukum pembeli is protected against kerugian as a result of rusaknya. Goods that are purchased using an electronic system. When there is any weakness in the selling organization and In a trade transaction, there are obligations and liabilities for the parties involved. Metode The method of research that is used is called Library Research Methodology, or simply Library Research. research conducted in the field, where data is derived from available data Using methods such as reading, studying books, understanding rules for limbs, majalah, law, jurisprudence, and other relevant fields. Based on the methods used, results This study indicates that the decline in sales commissions through electronic systems Nevertheless, see the manner in which the perjanjian is described in Pasal 1230 KUH Perdata. it's the two-party kesepakatan,

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