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All Journal DiH : Jurnal Ilmu Hukum Journal of Law Science Journal of Law and Policy Transformation Literacy : International Scientific Journals of Social, Education, Humanities
Bukit, Jonneri
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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EKSISTENSI ASAS KESEIMBANGAN PADA KONTRAK KONSUMEN DI INDONESIA Bukit, Jonneri; Warka, Made; Nasution, Krisnadi
DiH: Jurnal Ilmu Hukum Volume 14 Nomor 28 Agustus 2018
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.1788

Abstract

Principle of imbalance is very necessary in bisnis contract. But not so in the consumer contract, the existence of the principle of balance is often ignored.It is caused by several factors including the position the unbalanced parties, the rapid development of the business world, unfair business competition, monopolistic practices, as well as the regulatory civil law (aanvulenrechts), so it is easy to be disregarded by the parties including the consumers. In fact, it is not uncommon to ignore this principle of equality caused by the wishes of the parties sendiri.Untuk it required government intervention as a regulatorfor imposing the use of the principle of balance in the consumer contract.Keywords: consumer contract, balance principle, waiver, debitor protection
EDUCATING CHILDREN ON LEGAL MATTERS THROUGH LOCAL WISDOM PRINCIPLES APPROACHES AND ENHANCING RESTORATIVE JUSTICE IN THE CRIMINAL LAW SYSTEM Suwito Suwito; Jonneri Bukit; Ade Sathya Sanathana Ishwara; Hardi Done; Isabel Moodley
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7706

Abstract

Providing a safe environment for children with legal issues is crucial in order to reduce the likelihood that they may commit similar crimes in the future. However, modern methods are often punitive and overlook the need of victim counselling and rehabilitation. This research seeks to address (1) How might a restorative approach be included into the resolution of juvenile court cases? and (2) How to tap into indigenous knowledge to implement Restorative Justice practices that help young offenders in Indonesia. The normative judicial procedure is adopted for this study. The findings highlighted the necessity to reevaluate the priority of customary law in attaining Restorative Justice in resolving legal disputes involving children in Indonesia. From the perspective of adat and local knowledge, criminal cases are issues that can only be handled with the participation of victims, their families, and the surrounding community. When it comes to investigating crimes, indigenous methods and local knowledge take cultural and social factors into account as well. The offered penalty is punitive, edifying, and beneficial to society as a whole in this circumstance. When put into practice, this method may enhance the restorative justice system in criminal law and educate youngsters how to cope with legal issues
PPAT'S responsibility for deeds of sale and purchase made in his presence (Study of PPAT in Kupang City) Jonneri Bukit; Rizky Tuahta Cristian Bukit
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

This research aims to describe the process of the birth of a sale-purchase deed, and find out how the responsibility of a Land Deed Official (PPAT). The research method used in this research is empirical normative research, with primary and secondary data types. The results show that the responsibility of PPAT in making land sale and purchase deeds regarding the form and procedure for making PPAT deeds is not only regulated in Government Regulation of the Republic of Indonesia Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning PJPPAT Articles 21-24 but also in Government Regulation No. 24 of 1997 concerning Land Registration which regulates this matter is confirmed in Article 38 paragraph (2) which determines "The form, content and method of making PPAT deeds are regulated by the Minister" (Minister of State Secretary). Before making a deed of sale and purchase of land rights, PPAT must first conduct an inspection at the local Land Office to find out the suitability of the certificate of land rights concerned with the existing registers at the Land Office by showing the original certificate to the Land Office officer. This examination needs to be done in order to avoid buying and selling land against fake certificates or double certificates or original but fake certificates (Asphalt). This is to avoid fraud in land transactions where it turns out that what is sold does not belong to the rightful seller.
Case Study Of Court Decision Number 262/PDT.G/2020/PN.KPG Regarding Divorce Law Without Civil Registration Of The Marriage Certificate Jonneri Bukit; Widia Maria Br Bukit
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 2 (2023): August : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i2.810

Abstract

A marriage may be declared valid if it is performed in accordance with the tenets of the parties' respective religions and in accordance with Article 2(1) of Law No. 1 of 1974 on Marriage. The primary concerns of this study were: (1) the factors that judges must take into account in order to grant a divorce suit without a marriage certificate; and (2) the legal ramifications of the judge's decision to grant the divorce suit without a civil registration marriage certificate. The research method employed was the normative legal research method, which is essentially library research that examines document studies, employing various secondary legal materials such as statutory regulations and societally applicable legal norms, legal theory, scholarly opinions, and court decisions. By perusing the library's primary legal materials, secondary legal materials, and tertiary legal materials, a collection of legal materials was obtained. The findings of this study indicated that the judge's decision in a divorce case without a civil registration marriage certificate is based on the Plaintiff's documentary evidence and witness testimonies. In accordance with the provisions of Article 19 letters (b), (d), and (f) of Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage and Article 125 HIR/149 RBg, the divorce petition filed by the Plaintiff can be granted. The legal consequence for the parties is the dissolution of the relationship between the husband and wife, and the child will become a victim of the divorce.
Co-Authors Ade Sathya Sanathana Ishwara Hardi Done Isabel Moodley Krisnadi Nasution Made Warka, Made Rizky Tuahta Cristian Bukit Suwito Suwito Widia Maria Br Bukit