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All Journal Equalegum International Law Journal
Andrew R.J. Dainty
Manchester Metropolitan University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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POSITION OF THE PARTIES IN THE STANDARD AGREEMENT BANKING REVIEWED TO CONSUMER PROTECTION Andra Yanto; Muhammad Syawir; Andrew R.J. Dainty
EQUALEGUM International Law Journal Volume 1, Issue 4, 2023
Publisher : SYNTIFIC

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Abstract

Background. Along with the increasing world of banking today, especially in the field of credit such as credit buying a car banking business actors increase their development to protect consumers from standard agreements made by business actors. The research aimed to find out the position of the parties in the agreement then leads to problem identification and resolution problem. Research Method. The type of research is doctrinal research, namely, research that analyzes based on laws written in books, journals, and Legal Book Civil And Law Number 8 of 1999 concerning consumer protection. Findings. Article 18 of Law Number 8 of 1999 concerning Consumer Protection, regarding prohibitions inclusion of standard clauses that are detrimental to consumers. The position of the parties within the agreement is reviewed by the Civil Code and laws, and the role of laws in providing protection debtor law as a consumer. Conclusion. Law Number 8 of 1999 addresses debtor risk in credit banking, ensuring standard agreements and private legislators provide legal protection to the debtor as a consumer.
ANALYSIS OF IMPLEMENTATION OF DIVERSION AND RESTORATIVE JUSTICE AS A FORM OF PROTECTION OF CHILDREN'S RIGHTS IN CONFLICT WITH THE LAW Tahura Malagano; Andrew R.J. Dainty
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.60

Abstract

Background. Restorative justice involves all parties involved in a crime working together to find solutions, focusing on children and the community, with the ultimate goal of creating restorative justice. The use of restorative justice and diversion as a means of defending the rights of minors in legal trouble, as well as the nature of the issue and its impediment, are major concerns in the study's purpose. Research Method. The normative approach and empirical jurisdiction are the methodological approaches employed in this work. The information used in this study was gathered from both field and library sources. Findings. The community of research conducted by the Correctional Center that the rights of children in conflict with the law are less protected at lower levels, ranging from examination of the investigation up to the trial, and the application of diversion and restorative justice as a form of protection of those rights. The application of law enforcement efforts to justice restorative running optimally is a solution to these constraints. One impeding factor is the lack of a common application of the law as the foundation and guide for all law enforcement agencies, as well as the inconsistent application of regulations in the field in the handling of children in conflict with the law. Conclusion. The initiative aims to promote restorative justice in legal cases involving children, transforming law enforcement's perspective from retributive and restitutive justice to a more equitable approach.
Co-Authors Andra Yanto Muhammad Syawir Tahura Malagano