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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Journal of Business Management and Economic Development
Krisnadi Nasution
Universitas 17 Agustus 1945 Surabaya
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Theory Analysis of Justice Against Good-faith Buyers in Freedom of Contract Fajar Rachmad Dwi Miarsa; Krisnadi Nasution; Endang Prasetyawati; Syofyan Hadi
Ius Positum Journal Of Law Theory And Law Enforcement Vol. 1 Issue. 4 (2022)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i4.197

Abstract

The Abuse of circumstances can occur when one of the parties has advantages in economic, psychological, and physical fields. The cases regarding the abuse of circumstances in Indonesia is often occur, but the law in Indonesia has not regulated this matter and is only based on jurisprudence. The case that often occurs is one of the parties who has weak economy in dependence/need position, then they forced to voluntary accept the clauses or promises made by monopolized party (bargaining power) in order to get the things needed (achievements), although the agreement can be detrimental to them. This research uses normative legal research which is also called doctrinal legal research. Normative legal research is legal research conducted by examining library materials or secondary legal data. Normative legal research is also called literature law research. The results of this research are good faith buyers who prioritize the main principle, no harm others and based on the principle of propriety as stated by Aristotle and Adam Smith.
UPAYA PERLINDUNGAN HUKUM BAGI KURIR MITRA KERJA DALAM PROSES LAYANAN CASH ON DELIVERY (COD) Febronia Juniati Sanjaya; Krisnadi Nasution
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.193

Abstract

At this moment, business transactions can be done remotely or online, such as through the Grab application. Even though it is done online, payment for business transactions through Grab can be paid in cash when the goods have been received by the buyer, called the Cash On Delivery (COD) service. In business transactions through the Grab application, Grab partners act as couriers to deliver goods from sellers to buyers. The COD system in online transactions has the validity regulated in Pasal 1458 KUHPerdata which states that, "sales and purchases are considered to have occurred between the two parties when the word agree has been reached regarding the goods and prices, even though the goods have not been delivered and the price has not been paid". The transaction creates a legal relationship between two or more legal subjects, and creates rights and obligations that must be met by all parties involved. However, couriers who act as intermediaries between sellers and buyers are often disadvantaged because they do not have protection, either regarding work safety or social security, especially in the COD system. Thus, the purpose of this research is to find out the legal position of couriers in online business transactions and to find out the protection that the courier gets legally when there is a case where the buyer defaults and refuses to pay in the COD system for the goods he ordered online. Based on this, several problems were formulated, such as, “1. What is the legal relationship between Grab couriers and various parties?; and 2. What is the legal protection for Grab couriers in online transactions using the COD system?”. The research conducted by the author uses a method known as normative legal research. This method is carried out by conducting a literature review from secondary data sources, such as laws and regulations, books, and other research in the field of law. In this research, there are several approaches, such as statutory approach, contextual approach, and case approach. The results of this study state that the courier is a substitute party for the company in terms of exercising the authority to deliver goods obtained from the seller, to then be sent to the buyer and then receive payment for the goods that have been sent accompanied by the principle of good faith. Thus, couriers should receive protection from a legal perspective in the form of safety guarantees and social security, especially in the COD system
PERLINDUNGAN HAK CIPTA BAGI PENCIPTA SENI LUKIS DIGITAL DALAM TRANSAKSI JUAL BELI NON-FUNGIBLE TOKEN Fikri Setyo Arief Pambudi; Krisnadi Nasution
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.196

Abstract

At this moment, the development of the era are getting faster and more advanced, where these developments also impact on human’s daily activities. One of the developments is the media that displayed through digital technologies. This development also has an impact on the field of arts, which is now not only poured onto canvases using painting tools and other equipments generally used to painting, but also poured into digital media. This digital artwork is not only created for aesthetic purposes, but also as an object for business transactions and investments. This digital artwork is known as NFT (Non-Fungible Token). Howeer, on the other hand, digital artwork also risked their creators, such as copyright issues due to the convenience to access the digital artwork through the internet. This convenience also creates the possibility for reseller to resell the digital artwork after purchasing the art from its creator. In fact, the creator of the digital artwork is the one who owns the copyright to the artwork, so reseller have no right to resell the artwork unless they have agreement about that. If the reseller or other party involved in the copyright violation or violate the agreement, the creator of the digital artwork has the right to be protected by the law enforcement. Based on that problem, the writer conducted thi research to find out the efforts to regulate copyright protection for digital artwork’s creator in NFT business transactions. This research provides a visualization of the reality that occurs, through data collection called analytical descriptive research. The result of this research state that there is a legal relationship between digital artwork’s creator and the buyer or resellers, which is established when these parties are agree to involved in business transaction, that also stated in Pasal 1233, Pasal 1234, and Pasal 1131 KUHPerdata. Copyright legal protection for digital artwork’s creators also stated internationally in the Berne Convention which states that, “every work has received automatic protection since the creation became real (realexpression), protection is given directly without depending on the creator's country of origin (direct and independent protection), and the application of this provision applies equally to all countries that have ratified the Berne Convention, including WTO member countries that have also signed the TRIPS Agreement
Legal Politics Economic Democracy in Indonesia Imam Sujono; Krisnadi Nasution
Journal of Business Management and Economic Development Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jbmed.v1i02.29

Abstract

This research aims to explain process of developing the Indonesian nation in this global era requires a strong economic system so that the general welfare of the people can be realized following the state objectives listed in the Fourth Paragraph of the Preamble of the 1945 Constitution. To realize these state objectives are further regulated in Article 33 of the 1945 Constitution (Post Amendment). Article 33 of the 1945 Constitution provides a foundation for building and developing the Indonesian economy. Apart from that, it can also be used as a filter by the government and the people of Indonesia in dealing with the negative impacts of the development of liberalization in the world economy in the 21st century. However, the Indonesian economic system which is based on Article 33 of the 1945 Constitution, at the level of implementation regulated by law, is not in line with the goals of the state and the interpretation of Article 33 of the Constitution itself, in the end, it is often not achieved in building and realizing an Indonesian economy that can realize people's welfare or people's prosperity. This is because the legal politics of the legislators wrongly designed the implementation of legal products in the Indonesian economic system which is based on a family economy called cooperatives which is difficult to materialize and is only for certain interests.
Co-Authors Fajar Rachmad Dwi Miarsa Febronia Juniati Sanjaya Fikri Setyo Arief Pambudi Imam Sujono Prasetyawati, Endang Syofyan Hadi