PELINDUNGAN HUKUM PEMEGANG POLIS ASURANSI ELEKTRONIK DALAM PEMBELIAN BARANG MELALUI MARKETPLACE

Marketplace merupakan aplikasi atau situs web yang memberi fasilitas jual beli online dari berbagai sumber. Pemilik situs web atau aplikasi tidak memiliki produk apapun dan bisnis mereka hanya menyajikan produk orang lain kepada pengguna kemudian memfasilitasinya. Marketplace juga sudah menyediakan opsi asuransi dalam bentuk digital untuk memberikan perlindungan kepada konsumen apabila barang yang dibelinya mengalami kerusakan dan lain sebagainya. Konsumen yang setuju untuk menggunakan asuransi akan mendapatkan polis dalam bentuk elektronik. Namun pada kenyataannya konsumen mengalami kesulitan pada saat melakukan proses klaim asuransi yang ditawarkan marketplace. Salah satu kasus bermula pada saat konsumen melakukan pembelian terhadap perabotan rumah tangga yang terbuat dari kayu melalui marketplace. Pada saat barang tiba terdapat beberapa kerusakan pada perabotan sehingga konsumen melaporkan pada pihak marketplace dan klaim asuransi disetujui. Akan tetapi, ada kendala karena berat produk yang dikirimkan oleh seller berbeda dengan konsumen sehingga pihak marketplace memerlukan analisa lebih lanjut. Namun hingga tenggat waktu yang ditetapkan klaim asuransi yang diajukan tidak jelas kelanjutannya

COMPARISON OF CHEMICAL CASTRATION SANCTIONS AGAINST PERPETRATORS OF CHILD SEXUAL VIOLENCE IN IN-DONESIA AND SOUTH KOREA

Chemical castration punishment is regulated in Law No. 17 of 2016 about Child Protection, which provides additional sanctions for perpetrators of child sexual crimes. In South Korea, it is regulated in the South Korean Bill on Prevention and Handling Perpetrator Violence Sexual to However, the implementation of this law has encountered various obstacles, including unclear implementation procedures and rejection from several medical circles. Even though there are aiming to protect children from sexual violence, criticism has emerged regarding potential human rights violations. tendency to repeat crimes. With a more structured system, South Korea has succeeded in reducing the recidivism rate through a rehabilitation approach and long-term supervision. This study uses a normative legal approach using a legislative approach, a conceptual approach and a comparative legal approach. The results of the study show that although both countries have the same goal of protecting children from sexual violence, there are significant differences in the implementation and effectiveness of chemical castration sanctions in Indonesia which carries out execution aimed at the profession doctor while South Korea was handed over to court as execution castration chemical. This study aims to provide insight into the comparison of legal policies in the two countries and their implications for the protection of child sexual violence victims. Meanwhile, South Korea became the first country in Asia to implement chemical castration in 2011. This policy was implemented based on the results of a medical diagnosis indicating that the perpetrator had

Eradicating All Rules Through Article 42 of Law 21 of 2023 on The National Capital: A Study of Legal Norms and Morality

Legal norms in a regulation are the face of the government in implementing a policy, norms become an important point in the purpose of the law itself, namely justice. Norm ambiguity at least has several aspects, namely: open norms, vague norms, norms that conflict with other norms. All of these aspects are a unity in ‘norm conflict’. Article 42 of Law Number 21 of 2023 on the National Capital City (IKN) explains that, if there are regulations that conflict with the IKN Law, other regulations are considered invalid. Thus, many legal academics have criticised the article as a sweeping article. Thus, this research uses a normative research method that examines the norms and politics of law in Article 42 of the IKN Law using a conceptual approach and a statutory approach. Thus, this research shows that in terms of ratio legis, it is not possible for a law to declare another law invalid, which has an equal status as stipulated in Article 7 of Law Number 12/2011 on the Formation of Legislatio

Enhancing Consumer Protection in Electronic Transactions in Indonesia

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective

PERTANGGUNGJAWABAN HUKUM KEUCHIK DALAM TINDAK PIDANA KORUPSI: ANALISIS KERUGIAN KEUANGAN NEGARA

Abstrak: Penelitian ini bertujuan untuk menganilisis tentang kerugian keuangan negara dalam tindak pidana korupsi yang dilakukan oleh keuchik kepala pemerintah gampong, Penelitian ini merupakan penelitian normatif. Hasil penelitian ini menujukkan bahwa Pelanggaran yang dikategorikan sebagai perbuatan penyalahgunaan wewenang penggunaan keuangan negara menurut Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi sebagaimana diubah dengan Undang-Undang Nomor 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi harus dapat dibuktikan bahwa perbuatan penyalahgunaan wewenang dapat merugikan keuangan negara. Jika tidak dapat dibuktikan adanya perbuatan yang dapat merugikan keuangan negara, maka perbuatan penyalahgunaan wewenang penggunaan keuangan negara tidak dapat dipertanggunjawakan secara pidana. Ketentuan Pasal 2 Undang-undang Tipikor telah mengenyampingkan hukum administrasi negara, walaupun secara admintratif dapat dibuktikan telah terjadi perbuatan penyalahgunaan kewenangan maka sanksi adminitratif juga tidak dapat diterapkan.Kata Kunci: Pertanggungjawaban, Korupsi, Kerugian, Keuangan, Negar

Legal Analysis of the Use of Personal Identity as Guarantee in Online Loans

In the developing digital era, the practice of online lending has become a new thing among the public due to its ease and quick access. The use of ID cards as collateral in online lending has become an interesting topic in the legal context. This research aims to analyze whether ID cards can be categorized as documents that can be used as collateral. The research method used is a normative analysis of laws and regulations and other rules that can be used as a legal basis. Because basically ktp is a population document that functions as a means of identifying a person, not as proof of property ownership. However, in practice, personal identity/KTP is sometimes used as one of the requirements for obtaining online loans. This is done to verify the borrower's identity and minimize the risk of fraud. The analysis highlights various legal issues related to the use of ID as collateral in online lending, including aspects of consumer protection, contract validity, and legal liability in cases of identity misuse. This research provides a deep insight into the legal framework governing this practice as well as the challenges faced in law enforcement and consumer protection in the digital age

Legal Certainty of Income Tax Imposition on Sale and Purchase Transactions of Uncertified Land

In the land registration process, there are tax payment obligations that must be carried out by the parties, both sellers and buyers, before obtaining a certificate issued by the Land Office. Final Income Tax on Transfer of Land and Building Rights (PPh F PHTB) is an obligation that must be paid by the landowner. In the case of uncertified land, PPh F PHTB is imposed on the landowner twice. In addition, the landowner is also charged a one-time Land and Building Acquisition Fee (BPHTB). The tax burden listed does not include other costs such as the cost of charging Non-Tax State Revenue (PNBP) and other costs associated with the transfer of rights which, when accumulated, tend to burden the landowner. The formulation of the problem discussed in this study is how the legal certainty of income tax imposition on sale and purchase transactions of uncertified land in Indonesia uses a normative juridical approach method to solve problems by examining secondary data in the form of laws and regulations, books, and related documents. The results of the study state that the imposition of final income tax on the transfer of rights to land and buildings (PPh F PHTB) that have not been certified or registration of certificates for the first time is considered not to fulfill aspects of legal certainty and justice. This is because there will be the imposition of Final Income Tax on the Transfer of Rights on Land and Building (PPh F PHTB) in layers on the same object and tax subject

RIGHTS AND POLICIES FOR WOMEN TO BE PROTECTED FROM SEXUAL VIOLENCE IN OBTAINING EDUCATION AT UNIVERSITIES

Based on data from the National Commission on Violence Against Women in 2020, of the total cases of violence in the educational environment, 88% were cases of sexual violence. Higher education is the level of education with the highest percentage of sexual violence incidents, namely 35%. Women are the gender that is more often the victim of sexual violence, while based on human rights, women and men should have equal opportunities to get an education. To provide equal educational opportunities, Regulation of the Ministry of Edication, Culture, Research, and Technology of Indonesia (Permendikbudristek) number 30 of 2021 has been formed which regulates the prevention and handling of sexual violence, called PPKS in the higher education environment with the implementation of the formation of the PPKS Task Force (Satgas PPKS). However, this does not directly eliminate cases of sexual violence that occur in universities, in fact, until now there are still cases of sexual violence in various universities. Women are still easy targets for sexual violence. This study aims to identify the causes and problems of sexual violence against women and how to create appropriate policies in the educational environment so that it is safe and comfortable so that women no longer have a sense of worry. This study uses qualitative research methods to gain an in-depth and comprehensive understanding of acts of sexual violence and the formulation of appropriate policies in certain higher education environments related to the creation of a safe and comfortable educational environment

Third-Party Litigation Funding: Legal Feasibility and Insights from Australia, the UK, and the US for Expanding Access to Justice in Indonesia

Access to justice is often hindered by financial constraints, preventing plaintiffs from pursuing legal claims. Third-Party Litigation Funding (TPLF) offers a potential solution by allowing external funders to finance litigation in exchange for a share of any awarded damages or settlement. By covering litigation costs, TPLF enables financially disadvantaged plaintiffs to seek legal redress, making it a crucial mechanism for expanding access to justice. However, unregulated TPLF poses risks, including the encouragement of frivolous claims, ethical concerns, and profit-driven motivations that may override legal merit. Indonesia currently lacks specific regulations governing TPLF, raising questions about its legal permissibility and practical implementation. This study examines TPLF frameworks in Australia, the United Kingdom, and the United States to derive insights that may inform the development of TPLF practices in Indonesia. Utilizing a normative legal research methodology based on secondary data, the study explores the opportunities and challenges of introducing TPLF into the Indonesian legal system. The findings indicate that while TPLF can be legally accepted in Indonesia, its application should be restricted to cases with broad public interest, such as environmental and consumer litigation. Furthermore, Indonesia’s ongoing efforts to enhance access to justice and the absence of explicit legal prohibitions present opportunities for the regulated adoption of TPLF. This research contributes to the discourse on litigation funding by providing recommendations for policymakers, legal practitioners, and stakeholders in shaping a fair and regulated TPLF framework in Indonesia

Reverse Evidence: A Beacon of Hope for Pretrial Reform

Pretrial proceedings, inspired by the Habeas Corpus principle, aim to protect individuals from arbitrary coercive measures such as suspect identification, arrest, and detention. However, in practice, the burden of proof in pretrial processes falls entirely on the applicant, who must prove a negative: the illegality of the coercive action. This burden creates significant obstacles for applicants seeking redress. To address this imbalance, this research examines the concept of Habeas Corpus, the evidentiary system of reverse onus of proof in the Indonesian legal context, and the development of an ideal evidentiary model for pretrial proceedings. Using normative juridical methods, this study finds that Habeas Corpus obliges the detaining authority to justify the legality of detention; failure to do so results in the detainee's release. Similarly, reverse evidence has been applied in corruption, money laundering, and administrative cases in Indonesian courts to address challenges in uncovering organised crimes. In pretrial contexts, applying reverse evidence protects human rights, promotes transparency, and ensures accountability in the exercise of coercive state power. This approach reflects the legal principle that individuals should not be required to prove a negative, easing the applicant’s evidentiary burden. By shifting the burden of proof to the respondent (i.e., the state or its officers), it upholds the principle of equality of arms, creating a more balanced relationship between individuals and the state. Ultimately, this enhances safeguards against abuse of authority and improves fairness in the justice system