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Journal : Yustisia Merdeka : Jurnal Ilmiah Hukum

Praktik Jual Beli Online Shope Pada PT. Shoppe Indonesia dalam Prespektif Hukum Perlindungan Konsumen di Indonesia meirza aulia chairani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.79

Abstract

Abstract - The current buying and selling practice in Indonesia is very high, by using a mobile phone, one click the goods will be sent home easily. The famous online buying and selling application or online advertising, one of which is the online shop buying and selling application. Various kinds of products provided by consumers can choose what items to buy. However, sometimes the order that we buy doesn't match what we ordered. This results in losses for consumers. Lack of consumer protection in online buying and selling in Indonesia due to a lack of regulations that protect consumers, business actors, online application parties, carriers, and related parties. Therefore, this research uses an empirical juridical method, with a statutory approach and a conceptual approach. Keyword: consumer protection, e-commerce, buy and sell
Praktik Periklanan Online Terhadap Testimoni Produk Pelangsing Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen dan Etika Bisnis (Studi Kasus Terhadap Produk Pelangsing Hindi 7 Days dan Joyjus Fiber pada Aplikasi Instagram) Meirza Aulia Chairani; Trinah Asi Islami
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 2 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i2.104

Abstract

Online trading in the industrial era 4.0 is a trading method that is very popular with consumers. In addition to an easy, fast and practical process, of course online trading also has several weaknesses, including manipulation of advertising, which in fact the image contained in the advertisement does not match the real product. This is often found by consumers who use e-commerce trading systems. One of them is in the case of testimonials of Hindi 7 days slimming products and Joyjus Fiber which advertises their products through social media in the form of the Instagram application, where the two products upload testimonials with images and words in the same advertisement even though the two products are different business actors. The method used in this research is legal research using a statutory approach, conceptual approach and case studies taken from real cases on Hindi 7 days slimming products and Joyjus Fiber. Related to the type of research used in this research is normative juridical research and empirical juridical research.
Peluang Terjadinya Tindak Pidana Korupsi Akibat Pandemi Wabah Covid 19 Angga Pramodya Pradhana; Meirza Aulia Chairani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 2 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i2.107

Abstract

Corruption during the Covid 19 pandemic led to the fact that many people experienced layoffs, employee reductions and the distribution of working hours for employees. This will have an impact on reducing income or not getting more income. This income reduction will lead to a criminal act, namely the Corruption Act, to fulfill the needs of oneself, others and corporations. This will affect the economy and harm the country's finances. The method used in this research is Normative Juridical. Based on the results of research on the perpetrators of corruption during this pandemic, it is very sensitive because everyone in the world is experiencing this pandemic and some people are making personal gains, others and corporations this needs to be given severe sanctions because during the Covid 19 pandemic they committed criminal corruption contained in Article 2 and Article 3 of the PTPK Law, and the penalty is added 1/3 (one third) of the main criminal.  
Perlindungan Hak Anak Yang Menjadi Pelaku Tindak Pidana Pencurian Dalam Putusan Pengadilan Negeri Magetan Nomor : 4/Pid.Sus-Anak/2021/PN.Mgt Krista Yitawati; Bambang Sukarjono; Meirza Aulia Chairani; Adi Nur Rahim Tri Wi Joyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 1 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i1.143

Abstract

Abstract- This study aims to determine the protection of the rights of children who are perpetrators of the crime of theft in the Magetan District Court Decision Number: 4/Pid.Sus-Anak/2021/PN.Mgt. The type of legal research used is normative, research that focuses on positive law in the form of legislation and this research requires secondary legal material as the main legal material. The results showed that the elements of the article that had been fulfilled as stated in the single indictment, namely Article 363 paragraph (1) to the 3rd, 4th, and 5th of the Criminal Code. The judge stated that the children had been legally and convincingly proven guilty of committing the crime of theft. with weighting. The decision taken by the judge in the decision Number: 4/Pid.Sus-Anak/2021/PN.Mgt is not solely made based on legal considerations, but also the surrounding conditions, social status of children, and family circumstances that prioritize the Restorative Justice approach.
Analisis Yuridis Terhadap Pertimbangan Hakim Dan Putusan Hakim Perkara No 75/Pid.B/2021/Pn.Mad Dalam Tindak Pidana Pencurian ( Studi Kasus Di Pengadilan Negeri Madiun ) Angga Pramodya Pradhana; Meirza Aulia Chairani; Retno Iswati; Denny Praptanto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.185

Abstract

Abstrac--Humans are individual beings and social beings. As individual beings, humans have physical and spiritual elements, physical and psychological elements, and soul and body. The purpose of this study aims to determine the application of criminal sanctions to the crime of theft in criminal cases No: 75/Pid.B/2021/PN.Mad. This research was carried out at the Madiun District Court by making copies of decisions related to solving the problem of the crime of theft. Besides that, the researcher also conducts a literature study by examining books, literature and laws and regulations relating to the problems that will be discussed in the author's thesis. The findings obtained from this study are first, the application of criminal sanctions against the crime of theft in Criminal Case No: 75/Pid.B/2021/PN.Mad, namely violating Article 363 paragraph 1 (one) 3rd and 4th of the Criminal Code. In addition, the application of criminal sanctions imposed in the crime of theft committed by the defendant does not see the value at stake and the reasons for committing the crime, but whether or not the defendant committed the crime of theft. Second, the judge's consideration in imposing the sanction for the crime of theft in Criminal Case No: 75/Pid.B/2021/PN.Mad is based on evidence, namely witness testimony and the defendant's statement accompanied by evidence submitted by the Public Prosecutor and the facts presented by the Public Prosecutor. revealed in court. In addition, the criminal sanctions given are not aimed at destroying the future of someone who has committed a crime of theft, but to provide a deterrent effect, so as not to repeat the act and make that person better and beneficial to the country and nation.
Peranan Saksi Mahkota Dalam Perkara Tindak Pidana Kasus Pembunuhan Berencana Brigadir Joshua Dikaitkan Dengan Asas Non Self Incrimination Bambang Sukarjono; Meirza Aulia Chairani; Angga Pramodya Pradhana; Lusi Ardiani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 9 No. 1 (2023): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v9i1.219

Abstract

Abstract-The purpose of this study was to analyze the role of the crown witness in the premeditated murder case of Brigadier Joshua associated with the principle of non-self-incrimination and the obstacles to using a crown witness in the premeditated murder case of Brigadier Joshua associated with the principle of non-self-incrimination. This writing research method uses a normative juridical method with three approaches, namely the statutory approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach). The results of the research on the role of the crown witness in the premeditated murder case of Brigadier Joshua were linked to the principle of non-self-incrimination, there were five defendants who were used as crown witnesses against the other defendants namely Ferdy Sambo, Putri Candrawathi, Bripka Ricky Rizal, Strong Ma'ruf and Bharada E However, there were two defendants who refused to be the crown witness for the other defendant, namely Ferdy Sambo who refused to be a witness for Putri Candrawathi, and vice versa Putri Candrawathi refused to be a witness for Ferdy Sambo. With this in mind, there are obstacles that come from obstacles to the defendant, obstacles to evidence, and obstacles to the trial judge. Based on this study, the use of crown witnesses in court proceedings is common. Aims to open the veil of crime from the defendant who was used as a witness. However, the use of crown witnesses must still pay attention to the human rights of the accused. In criminal law theory, this provision is referred to as the principle of non-self-incrimination, namely the defendant has the right not to provide information that incriminates himself (privilege against self-incrimination), which in practice the attitude of silence and not admitting to the accused is used as an excuse or circumstance that can be aggravating for punishing the accused.
Tanggung Gugat Pelaku Usaha Dalam Praktik Jual Beli Myteri Box Yang Cacat Produk Melalui Vending Machine Meirza Aulia Chairani; Trinah Asi Islami
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 9 No. 2 (2023): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v9i2.241

Abstract

Abstract-The purpose of this study is to determine the responsibility of business actors who sell defective Mystery Boxes sold at Vending Machines.The type of research used in this legal research is Normative Juridical Research. Statute approach and conceptual approach. Using primary and secondary legal sources. Buying and selling Mystery Boxes through Vending Machines violates Article 4 letters b and c of the PK Law, consumers have the right to choose goods and get services in accordance with the promised exchange rate and guarantee conditions, and provide correct and honest information about the condition and guarantee of the goods. Business actors are obliged to compensate for goods sold Article 7 Letters f and g of the PK Law. Sanctions for business actors for product defects of Mystery Boxes through Vending Machines in accordance with Article 11 letter c of the PK Law are prohibited from deceiving/misleading consumers and not intending to sell the goods offered but with the intention of selling other goods. The consequences of getting sanctions in accordance with Article 62 paragraph (2) of the PK Law are resolved by litigation and non-litigation submitted by consumers in dispute resolution.
Peran Dan Hambatan Satuan Polisi Pamong Praja Kota Madiun Dalam Mengendalikan Peredaran Minuman Beralkohol Krista Yitawati; Meirza Aulia Chairani; Bambang Sukarjono; Abednego Aprillino
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i1.263

Abstract

This study aims to determine the role, obstacles and efforts of the Madiun City Pamong Praja Police Unit in carrying out the enforcement of local regulations related to the circulation of alcoholic beverages. This research uses the Empirical Legal Research Method, with primary data sources from interviews and observations at the Civil Service Police Unit and one of the cafes that sells alcoholic beverages in Madiun, as well as secondary data sources, namely Regional Regulation No. 8 of 2017 concerning Control of Alcoholic Beverage Distribution and Retribution for Alcoholic Beverage Sales Location Permits. SatpolPP Madiun City plays a role in carrying out the enforcement of local regulations related to the distribution of alcoholic beverages in Madiun City by carrying out routine operations together with the Madiun City Police with the Criminal Investigation Sub-field which is approximately ten to fifteen operations every month based on the budget that has been approved by the DPRD. The obstacles faced are sourced from within the institution's own organisation or Internal and sourced from outside the organisation or External. Satpol PP Madiun City makes several efforts in various ways, including Satpol PP is required to work with what infrastructure has been provided, Satpol PP tries to carry out its work duties according to the applicable SOP, on call when suddenly required to carry out its work duties.