Musamus Law Review最新文献

Comparative Study on Legal Certainty of Consumer Protection Regarding E-Commerce Transactions, Between Indonesia, India and the United States 印尼、印度和美国电子商务交易中消费者保护法律确定性的比较研究

Musamus Law Review Pub Date : 2022-10-31 DOI: 10.35724/mularev.v5i1.4858

Diana Desiree Hardigaluh, M. S. Pulungan

{"title":"Comparative Study on Legal Certainty of Consumer Protection Regarding E-Commerce Transactions, Between Indonesia, India and the United States","authors":"Diana Desiree Hardigaluh, M. S. Pulungan","doi":"10.35724/mularev.v5i1.4858","DOIUrl":"https://doi.org/10.35724/mularev.v5i1.4858","url":null,"abstract":"In both conventional and electronic buying and selling agreements, the protection of consumer rights should be the main concern of business actors. Although there are already regulations governing consumer protection, until now there are still frequent violations of consumer rights, especially in e-commerce transactions. This article is juridical-normative research that compares the laws and regulations concerning consumer protection law in e-commerce transactions between Indonesia, India, and the United States. Through comparative studies and analysis using data sources from the literature, this study explores how the legal certainty of consumer protection in e-commerce transactions in Indonesia is being achieved. In addition, this research also describes the comparison regarding the legal certainty of consumer protection in e-commerce transactions in Indonesia between India and the United States based on the United Nations Guidelines for Consumer Protection. Furthermore, this study provides a prescription for how the legal certainty of consumer protection in e-commerce transactions in Indonesia should be when viewed from a comparison of consumer protection laws in e-commerce transactions in India and the United States.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125508829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Affirmation Policy Formulation in the Field of Staffing in Meeting the Need to Create Quality Employees 制定人员配置领域的肯定政策，以满足培养高素质员工的需要

Musamus Law Review Pub Date : 2022-10-31 DOI: 10.35724/mularev.v5i1.4499

Lily Bauw

引用次数: 0

Government Responsibilities in Fulfilling Victims' Rights During the Rehabilitation and Reconstruction Phase After the Earthquake in Sulai Village, Ulumanda District, Majene Regency 马吉尼县乌鲁曼达区苏莱村震后恢复重建阶段履行受害者权利的政府责任

Musamus Law Review Pub Date : 2022-10-31 DOI: 10.35724/mularev.v5i1.4593

Eka dewi Kartika, Salma Laitupa

{"title":"Government Responsibilities in Fulfilling Victims' Rights During the Rehabilitation and Reconstruction Phase After the Earthquake in Sulai Village, Ulumanda District, Majene Regency","authors":"Eka dewi Kartika, Salma Laitupa","doi":"10.35724/mularev.v5i1.4593","DOIUrl":"https://doi.org/10.35724/mularev.v5i1.4593","url":null,"abstract":"The rehabilitation and reconstruction phase is very important in restoring the environment, infrastructure, social, economic, cultural and psychological aspects of disaster victims, especially victims of the 6.2 magnitude earthquake in West Sulawesi in 2021. The rehabilitation and reconstruction phase is the stage where the community receives protection from the State in this regard. the central government and local governments in the recovery of all sectors of life after the disaster victims. 1 year after the earthquake in Sulai Village, Ulumanda District, it is still not evenly distributed to get the fulfillment of the facilities contained in the rehabilitation and reconstruction phase as a form of local government responsibility as stated in Article 5 of the Majene Regency Regulation No . 9 of 2019 concerning Disaster Management. areas. In the implementation of the rehabilitation and reconstruction phase in Sulai Village, there are 100% elements in the rehabilitation and reconstruction phase that have not been implemented at all, such as the implementation of security and order patrols, communication networks, community party activities, counseling by psychologists, reconciliation and conflict resolution, drainage development, health center repairs. Assistants, health counseling, counseling on disaster risk reduction efforts and permanent housing in the form of stimulant funds for earthquake victims have not been distributed evenly in Sulai Village.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121365631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Application of The Principles of Legal Assurance, Justice, And Expediency in State Civil Apparatus Dishonorable Discharge a Study of Civil Court Judgment Number 164/G/2019/Ptun-Jkt “法律保证、公正、便利”原则在国家民事机关开除军籍中的适用——民事法院判决164/G/2019/Ptun-Jkt号研究

Musamus Law Review Pub Date : 2022-10-31 DOI: 10.35724/mularev.v5i1.4782

Khozin Alfani

{"title":"The Application of The Principles of Legal Assurance, Justice, And Expediency in State Civil Apparatus Dishonorable Discharge a Study of Civil Court Judgment Number 164/G/2019/Ptun-Jkt","authors":"Khozin Alfani","doi":"10.35724/mularev.v5i1.4782","DOIUrl":"https://doi.org/10.35724/mularev.v5i1.4782","url":null,"abstract":"Justice is the essence of law. Its existence must be in line with legal assurance and legal expediency. The slow execution of the government in carrying out the order of the State Civil Apparatus Law for the dishonorable discharge of state civil apparatus employee because of the malfeasance they committed raises the problem of substantive justice. The judgesâ€™ verdict of the Jakarta Civil Court that adjudicated the dispute regarding the dishonorable discharge, granted the request of the concerned civil servant. This study aims to analyze the application of the principles of legal certainty, justice, and expediency in the judge verdict of the Civil Court no. 164/G/2019/PTUN-JKT. The research method is in the form of juridical, mainly from secondary data, exploratory analytical typology with a qualitative approach. The results of the study show that judges apply the principles of legal assurance, justice, and expediency in a balanced manner by considering the chronology and legal facts in the process of civil servant dishonorable discharge. At the same time correcting the government's legal actions by elaborating the principles contained in positive law.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115908831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Domestic Violence Against Women During The Covid 19 Pandemic In Gorontalo Province 哥伦塔洛省Covid - 19大流行期间针对妇女的家庭暴力

Musamus Law Review Pub Date : 2022-10-31 DOI: 10.35724/mularev.v5i1.4650

Dedi Sumanto, Asriadi Zainuddin, Mohammad Ramdan Suyitno, Virahmawaty Mahera

{"title":"Domestic Violence Against Women During The Covid 19 Pandemic In Gorontalo Province","authors":"Dedi Sumanto, Asriadi Zainuddin, Mohammad Ramdan Suyitno, Virahmawaty Mahera","doi":"10.35724/mularev.v5i1.4650","DOIUrl":"https://doi.org/10.35724/mularev.v5i1.4650","url":null,"abstract":"The phenomenon of violence against women has recently become a prominent issue. This is not only due to the increasing severity of cases of violence experienced by women, but the intensity is even more worrying. This study focuses on domestic violence during the covid-19 pandemic in Gorontalo Province. The method used in this research is field research with a sociological juridical approach to determine the application of law to society, in this case the enforcement of related laws regarding Law Number 23 of 2004 concerning the Elimination of Domestic Violence.The results of this study are forms of domestic violence in the form of physical violence, namely actions that cause pain, fall ill, or seriously injured. Psychological violence, namely actions that cause fear, loss of self-confidence, loss of ability to act, sense of helplessness, and/or severe psychological suffering on a person. Factors causing Domestic Violence (KDRT) which are often found in handling victims, include: Perpetrators who cheat or have WIL, Communication factors that are not harmonious, There are influence factors from the family either from the victim or perpetrator, Socio-economic factors, Perpetrators who commit physical violence and sexual violence, perpetrators who do not provide a living or neglect for a long time and from the juridical side the problem of domestic violence (KDRT) is pursued through private law (civil) with divorce. However, the dilemma faced by the victim is that she is not ready to live her own life (as a widow) by bearing a negative predicate from the community. ","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132855006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Protection of Persons with Disabilities as a Management of Guarantee on Human Rights 残疾人的法律保护:人权保障的管理

Musamus Law Review Pub Date : 2022-10-31 DOI: 10.35724/mularev.v5i1.4217

L. Nurmala, R. H. Akili

{"title":"Legal Protection of Persons with Disabilities as a Management of Guarantee on Human Rights","authors":"L. Nurmala, R. H. Akili","doi":"10.35724/mularev.v5i1.4217","DOIUrl":"https://doi.org/10.35724/mularev.v5i1.4217","url":null,"abstract":"Human rights are universal and fundamental to all human beings. Human rights are rights that are inherent in the human person since birth that are used to maintain their dignity and human values. These rights must be believed to be gifts or gifts from God Almighty which no one has the right to rob, remove or revoke these rights. In Indonesia, with a very high population, the existence of persons with disabilities cannot be denied. Disability can occur due to health problems that arise from birth, chronic or acute illnesses, and injuries that can be caused by accidents, wars, riots, disasters, and so on. Persons with disabilities make us realize that they are human beings who are given physical deficiencies, but are not different people. The existence of persons with disabilities is a minority who must receive guarantees for their survival. In Indonesia, persons with disabilities have been given legal protection, namely the promulgation of Law no. 8 of 2016 concerning Persons with Disabilities which provides legal protection for persons with disabilities, but is still not fully able to fulfill the basic rights of persons with disabilities, including the right to legal protection, the right to obtain decent work, the right to education and so on. For this reason, this paper aims to find out about how legal protection is given to persons with disabilities in Indonesia.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129827661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Principles Audi Et Alteram Partem Compatibility in Litigation Process at State and Religious Court: Impact of Pandemic 国家法院和宗教法院诉讼过程中的原则与替代性原则:流行病的影响

Musamus Law Review Pub Date : 2022-04-29 DOI: 10.35724/mularev.v4i2.4108

Sekhar Chandra Pawana, V. Setyawan

{"title":"Principles Audi Et Alteram Partem Compatibility in Litigation Process at State and Religious Court: Impact of Pandemic","authors":"Sekhar Chandra Pawana, V. Setyawan","doi":"10.35724/mularev.v4i2.4108","DOIUrl":"https://doi.org/10.35724/mularev.v4i2.4108","url":null,"abstract":"The Covid-19 pandemic that surge around the world, caused adjustments in various ways, including in the law. The existence of regulations regarding e court strongly supports government programs in suppressing the rate of development of the Covid-19 virus, but on the other hand this development raises questions regarding the application of the principle of audi et alteram partem. This paper aims to present how the application of Principles Audi Et Alteram Partem Compatibility in Litigation Process in State and Religious Court in emergency situation. This study uses an normative method approach with descriptive analytical research specifications. This research seeks to illustrate the facts of the Audi et Alteram Partem Principle Compatibility in E-court anda E-Litigation.. Starting from this, there should be synchronization and uniformity of rules for all judicial processes, which should ideally be conducted electronically. From the results of the study, the implementation of the electronic trial shows the application of the principle of audy et alteram partem. All of this is in the interest of the justice-seeking community itself so that the trial process can better guarantee. It is found that even though the court process is conducted online, the principle of audi et alteram partem can be realized.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123629866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Critical Analysis of The Policy of Mediation Time in The Employment Disputes Settlement 劳动争议调解中调解时间政策的批判性分析

Musamus Law Review Pub Date : 2022-04-29 DOI: 10.35724/mularev.v4i2.4132

Ilham Aji Pangestu, Fitri Fitri

{"title":"Critical Analysis of The Policy of Mediation Time in The Employment Disputes Settlement","authors":"Ilham Aji Pangestu, Fitri Fitri","doi":"10.35724/mularev.v4i2.4132","DOIUrl":"https://doi.org/10.35724/mularev.v4i2.4132","url":null,"abstract":"Relationship among stakeholders in an industrial environment does not always run well. The conflicts within an industrial relationship are common, and they are known as industrial relation disputes. However, the disputes must be settled such as by mediation. This study aimed to analyze and investigate the 30 (thirty) day mediation period specified by Article 15 of the PPHI Law for the settlement of industrial relation disputes by the mediator. This study is a normative legal study utilizing a statutory approach and a case approach in which legal materials were gained through literature review. It was found that the settlement period must be completed by the mediator was ideally considering two aspects: the number of cases and the number of mediators. The researchers suggested that the provisions of Article 15 of the PPHI Law cannot be implemented equally; due to each region have the different number of cases and the number of mediators. In addition, the non-ideal number of functional mediators was taking into account the aspect of the number of cases received, so currently the service and technical implementation of the settlements do not run optimally. Based on the results of the study, the researcher suggests the stakeholders: first, to revise Article 15 of the PPHI Law, which is related to the period of time for the mediator in completing the duties. Second, to increase the number of functional mediators by considering the number of cases received.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133651824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Function of Givu as Traditional Law of the Tau Taa Wana Tribe 托塔瓦纳部落传统法律中给予法的功能

Musamus Law Review Pub Date : 2022-04-29 DOI: 10.35724/mularev.v4i2.4188

Restu Monica Nia Betaubun, Moh. Nutfa, Endang Yuliasih, Rivaldhy N. Muhammad

{"title":"Function of Givu as Traditional Law of the Tau Taa Wana Tribe","authors":"Restu Monica Nia Betaubun, Moh. Nutfa, Endang Yuliasih, Rivaldhy N. Muhammad","doi":"10.35724/mularev.v4i2.4188","DOIUrl":"https://doi.org/10.35724/mularev.v4i2.4188","url":null,"abstract":"This study aims to explain the function of Givu as customary law as well as an identity that is able to regulate social life in the Tau Taa Wana Tribe community. The research approach used is descriptive qualitative. There were 13 informants who were selected by purposive sampling. The data used include primary and secondary data through qualitative observations, in-depth interviews, focus group discussions, documentation and document studies. Data analysis is a qualitative analysis through an interactive model, namely data reduction, data presentation; and levers. The results of the study show that Givu is a customary law that is sourced from noble abstract values and rules so that it becomes a guide for social behavior that is able to support social structures. The application of Givu is regulated through institutions such as regulating economic, political and social needs. Close relationship with Mogombo (deliberation) for customary law decisions against a disturbance that maintains the spirit of collectivity and is able to strengthen a participatory culture. The importance of external recognition and respect for Givu customary law as well as state recognition and protection for the existence of the Tau Taa Wana Tribe.","PeriodicalId":403227,"journal":{"name":"Musamus Law Review","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115664462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Violence Against Women During the Covid-19 Pandemic Covid-19大流行期间对妇女的暴力行为

Musamus Law Review Pub Date : 2022-04-29 DOI: 10.35724/mularev.v4i2.4094

Jumriani Nawawi

引用次数: 0