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Prawatya Ido Nurhayati
Fakultas Hukum Universitas Brawijaya
Humanities Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Asas Keseimbangan dalam Klausula Baku Aplikasi Shopee: Juridical Analysis of the Principle of Balance in the Standard Clauses of the Shopee Application Olivia Nabila Sambas; Setiawan Wicaksono; Prawatya Ido Nurhayati
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.4

Abstract

This research aims to find out the standard clauses in the Shopee application service conditions that fulfill the principle of balance in contract law. The principle of balance requires that the parties to an agreement have an equal position in having rights and carrying out obligations. However, in practice, especially the inclusion of standard clauses implemented between Shopee and traders does not fulfill the principle of balance. This is due to the unequal position between Shopee and traders where Shopee has an economic advantage which is marked by Shopee's existence as one of the largest marketplaces in Indonesia and the most sought after by traders to offer their products. On the other hand, traders are positioned as weak parties in the agreement because the take it or leave it principle applies. The clause that attracts the author's attention is the clause that states the user's submission to any additional rules that apply in the future and are determined unilaterally by Shopee. One example is Shopee's action of automatically including merchants in the Free Shipping program, where the included merchants do not necessarily want to take part in the program because there are other costs that must be incurred. These unilateral decisions then bring various material losses to traders. This type of research is normative juridical using a statutory approach method by means of literature study to collect information regarding standard clauses and the principle of balance. The data analysis used by the author is a systematic interpretation carried out by interpreting the law as a unified system. Based on the results of this research, it can be seen that the standard clauses in Shopee's terms of service do not fulfill the principle of balance both in terms of forming and implementing the agreement.
UPAYA PERLINDUNGAN TANAH PERTANIAN TERDAMPAK GANTI RUGI AKIBAT PENGADAAN TANAH UNTUK KEPENTINGAN UMUM (STUDI KASUS: YOGYAKARTA INTERNATIONAL AIRPORT) Gitta Sabilla Aiska; Imam Koeswahyono; Prawatya Ido Nurhayati
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.2

Abstract

This research aims to study the protection of agricultural lands regarding land procurement and airport development that has taken place since the issuance of the Decree of the Governor of Yogyakarta Number 68/KEP/2015 on 31 March 2015. This has left impacts on some farmers who have lands, sharecroppers, and peasants. On the other hand, Article 36 of Law Number 2 of 2012 concerning land procurement for the development of public facilities states that compensation can be given in the form of a. money, b. substituting land; c. substituting residence; d, share ownership; or e, another form of compensation agreed by the two parties. This does not ensure that the right holders can freely choose the form of compensation needed. This research employed empirical and socio-juridical methods involving direct observation to gain data that revealed the impacts and measures of protecting agricultural lands. The data were obtained by conducting interviews with Regional Land and Spatial Planning Agency, National Land Agency, the sub-district office, and affected farmers. The data were analyzed based on descriptive qualitative methods, revealing that the measures taken to protect agricultural lands in the case of giving compensation in land procurement for public facilities are not appropriately implemented. This is obvious in the observation results, reporting that the compensation given still leaves impacts on the farming community.
Co-Authors Gitta Sabilla Aiska Imam Koeswahyono Olivia Nabila Sambas Setiawan Wicaksono, Setiawan