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Deny Guntara
Fakultas Hukum, Univesitas Buana Perjuangan Karawang, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Perlindungan Hukum Konsumen Dihubungkan dengan Undang-Undang Nomor 4 Tahun 2023 Tentang Pengembangan dan Penguatan Sektor Keuangan (Studi Putusan Nomor: 15/Pdt.Sus-Bpsk/2023/Pn.Grt) Muhamad Jiia Fauzi; Deny Guntara; Muhamad Abas
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.810

Abstract

There are several things that buyers should pay attention to when making purchases online through E-Commerce. The approach taken in this research is a normative legal study. Legal exploratory standardization, written examination or truth study, is that this research is normative juridical research. In the mediation carried out by BPSK on May 29 2023, the process from start to finish was carried out without the presence of the applicant, so that the applicant had no good faith at all. However, the applicant filed an objection to the Garut District Court on the basis of the objection and canceled the BPSK decision. The author concludes that Law no. 4 of 2023 in essence protects consumers in the field of E-Commerce where consumer protection is in E-Commerce In essence the P2SK Law and POJK PK facilitate the protection of consumer rights to obtain quality services in accordance with the principles of financial consumer protection OJK handles consumer complaints according to their respective authorities each of these matters has been stated in Article 245 of Law No. 4 of 2023. Based on the considerations of the panel of judges, the author is of the opinion that the Panel of Judges at the Garut District Court is appropriate in adjudicating the case based on the mandate of the Law. No.4 of 2004 concerning Judicial Power.
Tinjauan Yuridis Penegakan Hukum terhadap Pelaku Tindak Pidana Pemerasan dengan Ancaman Kekerasan di Hubungkan Asas Kepastian Hukum (Studi Putusan Nomor 187/Pid.B/2021/Pn.Kwg) Hendri Gunawan; Deny Guntara; Muhamad Abas
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.812

Abstract

The problem of crime in this era of development has always been a social problem that is difficult to eradicate or eliminate. The Indonesian National Police (Polri) recorded 276,507 crimes in Indonesia in 2022. This number has increased by 7.3%. The method of coercion used in the criminal act of extortion consists of the perpetrator verbally or in writing threatening, insulting while disclosing secrets. Extortion under the law is regulated in Article 368(1) and Article 369(2). The purpose of this study is to answer the formulation of the problem, namely what are the provisions for law enforcement for the criminal act of extortion with threats based on article 368 of the Criminal Code? And what are the judges' considerations in decision number 187/Pid.B/2021/PN. KWG is related to the principle of legal certainty. The results of the study, first, law enforcement of the criminal act of extortion by threatening under Article 368 paragraph (1) must fulfill the appropriate elements in Article 368. Second, legal certainty in imposing a sentence on the perpetrators of the crime of theft according to Article 368 paragraph (1) of the Criminal Code has been fully implemented and can be proven with the completeness of facts, witnesses and information. This means that the judge's considerations are relevant to the application of article 368 of the Criminal Code.
Co-Authors Hendri Gunawan Muhamad Abas Muhamad Jiia Fauzi