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Journal : Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat

PEMBAHARUAN HUKUM PIDANA TERHADAP PENYALAHGUNAAN KARTU KREDIT DI INDONESIA Wiwik Sri Widiarty
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Credit Card is tools in the form of plastic cards, is one of banking products that the user indicates that growth continues to increase, with the number of payments this intermediate level, where a credit card actually facilitate customer transactions by swiping when the bill arrived. The ease of shopping by using a credit card can increase sales turnover for the merchant itself. Likewise, the number of traders who are interested in serving transactions using credit cards tend to increase. For certain segments of society, credit cards have been a requirement by the day to make transactions because they do not need to carry cash (cash), but credit cards also pose its own risks for the cardholder, with the increase of credit card users, giving rise to the occurrence of abuse credit cards by parties who are not responsible. Misuse of credit cards including those that are difficult to overcome, since the law in Indonesia has been no specific regulations governing punitive sanctions against this crime. Lately increasingly widespread misuse of credit cards, including in Indonesia. In order to combat the use of credit cards, it must be possible reform of criminal law against the misuse of credit cards, with the reform of criminal law in accordance with the values and spirit of the Indonesian people at this time.Kata kunci: Pembaharuan Hukum Pidana dan Penyalahgunaan Kartu Kredit
ANALISA HUKUM EKONOMI TERHADAP STANDARISASI MUTU PRODUK DALAM PERLINDUNGAN KONSUMEN DI INDONESIA Wiwik Sri Widiarty
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In the current era of globalization of the world economy, the situation of regulation of the circulation of goods and / or services becomes increasingly tight. In order to maintain the quality of quality products, to maintain a competitive product must meet the Indonesian National Standard (SNI), namely through Government Regulation No. 102 of 2000 on National Standardization, and International Standardization. While the National Standardization of Quality is the Standardization made by the Government, and implemented sectorally. Consumer users of goods and / or services purchased products must meet health, safety, security and environmental standards (K3L), and for business actors themselves do not understand the meaning of quality certification of goods issued by authorized agencies / bodies, so because of ignorance this is very detrimental to the Consumer as stipulated in Law No. 8 of 1999 on Consumer Protection. Kata Kunci: Standarisasi Mutu Produk, Perlindungan Konsumen
Gugatan Class Action dalam Hukum Perlindungan Konsumen Wiwik Sri Widiarty
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1135

Abstract

Abstract First time of the many cases that harm the interests of consumers as well as to the need for information and the development of knowledge in the field of law today is known as the class action, the Government, and Dewan Perwakilan Rakyat give attention to consumers in Indonesia. Provisions governing Class Action contained in Law No. 32 Year 2009 on Protection And Environmental Management, and Law No. 8 of 1999 on Consumer Protection, and also law PERMA No.1 Year 2002 on Proces Class Action. In order to demand justice for the consumer losses caused by the business, the consumer has the right to demand their rights as set out in the Consumer Protection Act, that the dispute mechanism can be chosen voluntarily by the parties to the dispute, namely through the courts or out of court. The class action suit is a civil lawsuit filed by a group of people who have an interest in a similar problem, either one or more of their members to sue or be sued as representative of the group without any members of the group are involved directly in the judicial process. In connection with this there is the benefit of a class action lawsuit in consumer disputes in court, but to fight for their rights, the principle litigants with simple, fast, and low cost, and the determinants that be a reason to be eligible class action, both in practice as well as in its implementation. Kata Kunci: Gugatan Class Action
PERLINDUNGAN HUKUM PERSAMAAN HAK ASASI PEREMPUAN DALAM MENINGKATKAN PEREKONOMIAN INDONESIA Wiwik Sri Widiarty
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1162

Abstract

Abstract The struggle of women in achieving equality and justice has been carried out long ago, whether in the economic, social, cultural, and political aspects, in fact it has not been able to raise the dignity of women to be equal to men. Various laws and regulations governing women's rights include those implied in the Convention on Elimination of All Forms Discrimination Againts Women (CEDAW), namely the rights possessed by a woman, both because she is a human being and as a woman. Even though CEDAW has been rati ed, there are still discriminatory regulations, such as the Investment Law, Marriage Law, the Law on Placement and Protection of Overseas Workers, the Citizenship Act, and other Regional Regulations. Therefore, legal protection of women's human rights is very important, for women whose rights have been violated, especially since there are many cases of female labor violence working to help improve the family economy abroad. Keywords: legal protection; women's human rights; female labor violence .
PERLINDUNGAN KONSUMEN TERHADAP PRODUK IKLAN KOSMETIK MENYESATKAN Wiwik Sri Widiarty; Edy Kurniawan Tampubolon
to-ra Vol. 6 No. 1 (2020): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

The development of technology that is increasingly advanced now, especially with the trade of various imported products offered into the Indonesian Market through various media information, technology, and communication in the form of cosmetics product advertisements. Sales of goods / services through printed and electronic media, in all kinds of ways ranging from price discounts, to the lure of prizes up to hundreds of millions of rupiah, whose purpose is to attract consumers, so that many consumers are disadvantaged, because of the lure of cosmetic products the promised is not in accordance with its contents, due to the lack of transparency of the ads served, and consumers do not enjoy what is promised in the ad, because the producers violate the promised agreement, while the consumer has the right to get good, true, and honest information. Whereas manufacturers who are proven, offer, produce, advertise goods and / or services incorrectly, as regulated in Articles 9, 10, and Article 20 of Law Number 8 of 1999 Concerning Consumer Protection, will be subject to administrative sanctions in the form of compensation a maximum loss of two hundred million rupiahs, and a maximum of 5 (five) years imprisonment or a maximum fine of 2 (two) billion rupiahs.
PENYELESAIAN KLAIM ASURANSI MARINE HULL AND MACHINERY DI PT ASURANSI PURNA ARTANUGRAHA (STUDI KASUS PUTUSAN MA-RI No. 1815 K/Pdt/2015) Marihot Simanjuntak; Dhaniswara K. Harjono; Wiwik Sri Widiarty
to-ra 2021: Februari (Special Issue)
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

Asuransi merupakan metode yang paling handal dalam mengalihkan risiko dari tertanggung kepada penanggung. Asuransi diatur secara umum dalam KUHPerdata dan secara khusus dalam KUHD. Asuransi Marine Hull and Machinery merupakan salah satu obyek yang dipertanggungkan risikonya oleh PT Asuransi Purna Artanugraha selaku Penanggung. Fokus permasalahan yang dikaji dalam penelitian ini, yaitu bagaimanakah tanggung jawab penanggung terhadap klaim dalam Asuransi Marine Hull and Machinery dan bagaimanakah penyelesaian klaim dalam Asuransi Marine Hull and Machinery. Metode pendekatan yang digunakan dalam Penelitian ini adalah Yuridis Normatif, dan jenis penelitian yang dipilih adalah deskriptif analisis. Mekanisme penyelesaian klaim telah ditetapkan oleh Penanggung, sejak awal dan telah disepakati pada saat penutupan Asuransi Marine Hull and Machinery. Para pihak perlu memahami isi polis asuransi Marine Hull and Machinery, yang bersumber dari Marine Insurance Act 1906 sebagai dokumen atau alat bukti terjadinya perjanjian pertanggungan pengangkutan melalui laut secara mendetail agar risiko hukum yang berpotensi timbul di kemudian hari dapat diantisipasi oleh para pihak. Kata kunci : Klaim, Asuransi Marine Hull and Machinery
TINJAUAN YURIDIS PEMBATALAN PUTUSAN ARBITRASE BERDASARKAN PASAL 70 UNDANG-UNDANG NOMOR 30 TAHUN 1999 ANTARA PELAKU USAHA YAITU PT. CAHAYABARU RAYA REALTY DENGAN KONSUMEN YAITU DAVID WIRYANTO Erika Michelle Angel; Gindo L. Tobing; Wiwik Sri Widiarty
to-ra 2021: Februari (Special Issue)
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

Based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2006, business actors and consumers are given the right to freedom if they want to reject or submit objections in accordance with the provisions of the prevailing laws and regulations. In this case, the consumer submits a complaint to the South Tangerang Consumer Dispute Resolution Agency through arbitration. After the arbitration award is available, the parties do not find a settlement agreement in the Consumer Dispute Resolution Board, the request for annulment of the arbitration award is final and binding but not in this case. In this case, the business actor will file an appeal to the district court against the cancellation of the arbitration award. Keywords : Undang-undang Perlindungan Konsumen, Perlindungan Konsumen (Pembeli), Bisnis (Pengembang), Badan Penyelesaian Sengketa Konsumen (BPSK), Putusan Arbitrase, Pembatalan, Mahkamah Agung
ANALISIS HUKUM DALAM GUGATAN PERBUATAN MELAWAN HUKUM TERHADAP PERJANJIAN PINJAM MEMINJAM UANG (Putusan Mahkamah Agung Nomor 1872 K/Pdt/2017) Grace Rumiris Gultom; Wiwik Sri Widiarty; Rr.Ani Wijayati
to-ra 2021: Februari (Special Issue)
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

In society there are many agreements, one of which is lending and borrowing money, which is a legal relationship because the relationship was born based on an agreement. The lending and borrowing relationship can be done with an agreement between the borrower and the lender as outlined in the form of an agreement, but in practice the contents of the agreed agreement cannot always run in accordance with the applicable provisions. In certain conditions, various things can be found which result in Acts against the Law. The issues examined in this paper are what is meant by acts against the law in the Civil Code and how judges consider the evidence of illegal acts against borrowing and lending agreements (Supreme Court Decision Number 1872 K / Pdt / 2017). The research method in this writing is literature research or normative legal research obtained by reading, quoting, copying and analyzing legal principles, legal theories, doctrines, applicable regulations and court decisions that have permanent legal force. The result of research in this paper is that the definition of an act against the law in Article 1365 of the Indonesian Civil Code is: "Every act that violates the law and brings harm to another person, obliges the person who caused the loss due to his mistake to compensate for the loss", and in the Supreme Court Decision No. 1872 K / Pdt / 2017, the judge stated that the land and buildings with Building Use Rights Certificate Number 1776 / Bendungan Hilir had belonged to Plaintiff II and until the lawsuit was registered, the Defendants were not willing to vacate and surrender the land and buildings based on the Vaccination Agreement Deed Number 84 Date 23 November 2012 to Plaintiff II, the conclusion of this writing is that the Defendants were declared to have committed an illegal act. Keywords: Agreement, Sale and Purchase Deed Binding Agreement, Actions Against The Law