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ITIKAD BAIK DALAM HAL TANGGUNGAN Lilawati Ginting, SH, MKN
KUMPULAN JURNAL DOSEN UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA 2015: ITIKAD BAIK DALAM HAK TANGGUNGAN
Publisher : KUMPULAN JURNAL DOSEN UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4466.562 KB)

Abstract

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PERLINDUNGAN HUKUM BAGI KREDITOR YANG BERITIKAD BAIK AKIBAT PEMBATALAN HAK TANGGUNGAN Lilawati Ginting
DE LEGA LATA: JURNAL ILMU HUKUM Vol 1, No 2 (2016): Juli - Desember
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (304.972 KB) | DOI: 10.30596/dll.v1i2.800

Abstract

Security rights aims for giving protection and legal certainty for stakeholders, which one it is dependent creditor rights holders, but in practice this goal still cannot fully carried out, due to ongoing security rights can still be canceled court. Debitors must still be my response if the object binding guarantee with the court canceled encumbrance, such as spending manifestly been issued by the creditors, and for loss of expected profit from lending. Other efforts to do creditor to restore the rights of Its preferred to debtors, namely by requiring the debtor to replace a security object that has been canceled court with other objects which have a face value equal, and then do the loading objects according to new guarantee, such as in the form of a security interest, fiduciary, mortgages or liens.
Comparison of Execution in Warranty and Fiduciary Bank Lilawati Ginting
Randwick International of Social Science Journal Vol. 3 No. 4 (2022): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v3i4.567

Abstract

The types of guarantee institutions known in the Indonesian legal system can be classified according to their type, nature, purpose and management. Late payment will result in a claim for the guaranteed goods. Execution is an attempt by the ruling party to seek justice through res judicata. Bank guarantees, which are individual guarantees, and trustees, which are physical guarantee institutions, have different implementation methods at the time of default. This study tries to explain the problem of comparing legal situations with bank guarantees and trustees in a normative and juridical way. The results show that The authority to enforce bank guarantees on assets belonging to debtors in default refers to Articles 1131 and 1132 of the Civil Code. According to Articles 1131 and 1132 of the Civil Code, the goods belonging to the debtor (the guarantor) are generally collateral for the debtor's debt, and the proceeds from the sale of the collateral are charged to the recipient of the guarantee.
KETIDAK TERPENUHINYA HAK KONSUMEN DALAM UNDANG-UNDANG PERLINDUNGAN KONSUMEN Tasya Delvita Mutiara; Lilawati Ginting
Humantech : Jurnal Ilmiah Multidisiplin Indonesia Vol. 2 No. 3 (2023): Humantech : Jurnal Ilmiah Multidisiplin Indonesia 
Publisher : Program Studi Akuntansi IKOPIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32670/ht.v2i3.2924

Abstract

Perselisihan karena ketidakpatuhan terhadap hak konsumen untuk memperbaiki informasi produk dapat diselesaikan dengan dua cara juga sengketa yang melibatkan produsen yang melanggar UUPK dengan tidak menyampaikan keterangan yang benar perihal produk/jasa yang diproduksi dan dijual. Tujuan penelitian ini adalah untuk mengetahui hak konsumen yang tidak terpenuhi berdasarkan Undang-Undang Perlindungan Konsumen dan bagaimana penyelesaian apabila tidak terpenuhinya hak konsumen. Berdasarkan Undang-Undang Perlindungan Konsumen (UUPK), konsumen berhak mendapat informasi mengenai barang yang diterimanya. Jenis penelitian ini adalah penelitian hukum normatif, yaitu penelitian yang mendeskripsikan, menyelidiki, menjelaskan dan melakukan analisis suatu masalah. Hasil penelitian menunjukkan bahwa apabila suatu sengketa timbul karena pengusaha tidak menyampaikan keterangan yang benar perihal barang yang diproduksi dan dijualnya, konsumen atau kelompok konsumen yang bersangkutan bertanggung jawab atas penyelesaian sengketa antara konsumen dan produsen dapat dituntut melalui lembaga yang ditugaskan untuk menyelesaikannya.
KURANGNYA PELAYANAN TERHADAP PASIEN BPJS SEBAGAI KONSUMEN KESEHATAN Listy Fadilla Utami; Lilawati Ginting
KOLONI Vol. 1 No. 4 (2022): DESEMBER 2022
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (372.638 KB) | DOI: 10.31004/koloni.v1i4.327

Abstract

The purpose of this writing is to discuss social inequalities that often occur in the health sphere, where the presence of the BPJS Kesehatan program is expected to provide good health services regardless of economic and social status, but in its implementation there are still often non-fulfillment of the rights of people who use BPJS Kesehatan. , even though Health BPJS is issued by the government to obtain health insurance as stipulated and contained in the Law of the Republic of Indonesia No. 40 of 2004 concerning the National Social Security System, it is organized nationally based on social insurance principles and equity principles with the aim of ensuring that participants or patients receive health care benefits and protection in meeting health needs. In principle, legal protection for BPJS Health participants is in accordance with the laws and regulations related to the BPJS Health program, but the implementation of legal protection is still ineffective. Analyzing the service problems in BPJS Health is still not providing good service to participants as BPJS Health patients. Keywords: legal protection, BPJS patients, services
PERLINDUNGAN HUKUM KONSUMEN ATAS PEMBATALAN TIKET PESAWAT Diana Mora Jambak; Nabilla Zaskia Putri; Lilawati Ginting
KOLONI Vol. 1 No. 4 (2022): DESEMBER 2022
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.338 KB) | DOI: 10.31004/koloni.v1i4.356

Abstract

Issues regarding compensation for flight cancellations during a pandemic must be resolved is a concern of the government as a policy maker and airlines as a responsible party according to laws and international conventions concerning air transportation, one of which is the Aviation Law and the Consumer Protection Law. Covid-19 are causing problems regarding the form of cash compensation which was replaced with a voucher and the return procedure which was considered to be many times longer and even threatened that no compensation would be given. Therefore, the author analyzes to find out the factors that cause these problems and how airline responsibility and consumer protection should be in terms of laws and regulations. In addition, there was a significant spike at one time in requests for cancellation and the following Government Regulation No. 25 of 2020, which abolished the cash refund policy, turned out to be one of the factors in the increasing number of consumer complaints about compensation issues and has clearly contrary to the laws and regulations.
EMPLOYING UNDERAGE CHILDREN IN STUDY INTERNATIONAL LAW AND ISLAMIC LAW Mirsa Astuti; syofiaty lubis; lilawati ginting
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

The aim of this research is to provide protection to children who become child labourers. Child protection is all activities to ensure and protect children and their rights so that they can live, grow and develop. In fact, many children are found in various countries as workers or laborers. Therefore the United Nations (UNICEF) and ILO (International Labor Organization) organizations on child labor issued policies on child labour. The ILO has issued legal instruments in the form of conventions which are then ratified in every country to become regulations. The ILO convention aims to completely eliminate all forms of child labour, although this is very difficult to do given the current conditions. Islamic law does not explicitly explain the employment of minors, but Islam provides special protection for children so that they do not lose their rights. Based on the background above, the problem arises how international law efforts to protect child labor and what is the view of Islamic law on child labour. The research method used is normative juridical, namely conducting library research by examining library materials or secondary data as a basis for research by conducting a search of regulations or conventions and literature related to the problem under study.
KURANGNYA PELAYANAN TERHADAP PASIEN BPJS SEBAGAI KONSUMEN KESEHATAN Listy Fadilla Utami; Lilawati Ginting
KOLONI Vol. 1 No. 4 (2022): DESEMBER 2022
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/koloni.v1i4.327

Abstract

The purpose of this writing is to discuss social inequalities that often occur in the health sphere, where the presence of the BPJS Kesehatan program is expected to provide good health services regardless of economic and social status, but in its implementation there are still often non-fulfillment of the rights of people who use BPJS Kesehatan. , even though Health BPJS is issued by the government to obtain health insurance as stipulated and contained in the Law of the Republic of Indonesia No. 40 of 2004 concerning the National Social Security System, it is organized nationally based on social insurance principles and equity principles with the aim of ensuring that participants or patients receive health care benefits and protection in meeting health needs. In principle, legal protection for BPJS Health participants is in accordance with the laws and regulations related to the BPJS Health program, but the implementation of legal protection is still ineffective. Analyzing the service problems in BPJS Health is still not providing good service to participants as BPJS Health patients. Keywords: legal protection, BPJS patients, services
PERLINDUNGAN HUKUM KONSUMEN ATAS PEMBATALAN TIKET PESAWAT Diana Mora Jambak; Nabilla Zaskia Putri; Lilawati Ginting
KOLONI Vol. 1 No. 4 (2022): DESEMBER 2022
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/koloni.v1i4.356

Abstract

Issues regarding compensation for flight cancellations during a pandemic must be resolved is a concern of the government as a policy maker and airlines as a responsible party according to laws and international conventions concerning air transportation, one of which is the Aviation Law and the Consumer Protection Law. Covid-19 are causing problems regarding the form of cash compensation which was replaced with a voucher and the return procedure which was considered to be many times longer and even threatened that no compensation would be given. Therefore, the author analyzes to find out the factors that cause these problems and how airline responsibility and consumer protection should be in terms of laws and regulations. In addition, there was a significant spike at one time in requests for cancellation and the following Government Regulation No. 25 of 2020, which abolished the cash refund policy, turned out to be one of the factors in the increasing number of consumer complaints about compensation issues and has clearly contrary to the laws and regulations.
Juridical Review of the Strength of Electronic Evidence To Proof Online Lending Agreement Montayana Meher; Lilawati Ginting
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 23, No 1 (2024): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3483

Abstract

Online lending is a financial service provider for the community, with the granting of this online financial service license, it is hoped that the community, whose economy has been affected and has experienced setbacks during the Covid-19 pandemic, can be helped again to carry out their business activities. When viewed from the practical side, online loans are very helpful and make it easy for people to borrow money. Unlike banks or pawnshops that require a lot of administrative requirements and also collateral or collateral. The research in writing this scientific work is normative juridical research. Normative juridical research is research that examines the application of legal rules and norms related to the topic discussed. The nature of this research is descriptive, namely research that analyzes a legal regulation. All electronic documents in online lending and borrowing agreements that are affixed with valid electronic signatures and also carried out in accordance with the standard provisions stipulated in the Civil Code, ITE Law, and Financial Services Authority Regulations, are valid and strong as electronic evidence and have the same position as letter evidence. Therefore, every online lending and borrowing agreement in which the customer defaults, can file a lawsuit for default to the district court with initial evidence in the form of electronic documents.