HUBUNGAN HUKUM ANTARA PEMILIK KENDARAAN DENGAN PENGELOLA PARKIR

The use of standard agreements are now widely applied in the business world,including the parking agreement set forth in the form of a parking ticket. Parking ticket in the transition of responsibilities are standard clause which reads as follows: "The management of parking is not responsible for loss or any damage, "The management of parking is not responsible for any loss or damage to the vehicle". The existence of this clause resulted in problems of parking management accountability to the consumer. This raises the issue of research, (1) whether the legal relationship that occurs between park managers and consumers? (2) how the parking management responsibilities to the loss of the vehicle and or property of consumer goods in the parking lot of standard clauses related to the transfer of responsibility for the parking ticket?. This study aims to determine the relationship between the law of what is happening parking managers and consumers in business transactions parking and parking management form of responsibility in case of loss of the vehicle and orproperty of consumer goods in the parking lot is related to the standard clause transition of responsibilities the parking ticket. This research is a normative law with qualitative analysis. The study concluded, legal relationships that occur between parking management and customer care is the relationship agreement goods (vehicles), and parking management shall be responsible for the loss of the vehicle and or property of consumers who parked in the parking area management

PERAN PENTING NEGOSIASI DALAM SUATU KONTRAK

Negosiasi merupakan elemen penting dalam penyusunan kontrak, negosiasi terjadi pada tahap prakontrak. Di dalam negosiasi terjadi proses tawar menawar para pihak hingga tercapai suatu kesepakatan. Negosiasi merupakan proses permulaan sebagai usaha untuk mencapai kesepakatan antara pihak yang satu dan pihak lain. Negosiasi akan mempengaruhi isi dan pelaksanaan kontrak, apabila para pihak yang membuat kontrak menerapkan strategi dan tahapan kontrak dengan benar maka diharapkan kontrak tersebut dapat memberikan kepastian hukum, perlindungan hukum serta mencerminkan keseimbangan dan keadilan para pihak. Negosiasi banyak memberikan pengaruh pada terbentuknya suatu kontrak dan dalam menyelesaikan permasalahan yang timbul dalam pelaksanaan kontrak, oleh karena itu negosiasi mempunyai peran yang penting dalam suatu kontra

Trademark Dispute of Starbucks in Indonesia: Is There A Legal Protection?

In Starbucks Corporation Trademark Dispute against PT Sumatera Tobacco Trading Company, PT Sumatera Tobacco Trading Company won because it had previously registered the same Starbucks trademark as a cigarette. The ruling was made by the Commercial Court of Central Jakarta Decision No. 51/Pdt.Sus/Tra. However, the Starbucks Corporation won at the cassation (third instance) level in the Supreme Court by Decision No. 836 K/Rev.Sus-HKI/2022 since the owner of the coffee trademark was classified as a well-known trademark. In the wake of this, it is essential to research and evaluate how the judges’ processes differ between the instances and how is the protection system of companies and trademarks that are well-known in Indonesia. This study is carried out through normative legal research, using statutory and conceptual approaches, and the secondary legal materials were collected through literature studies and qualitative descriptive analysis methods. Keywords: Trademark Dispute, Starbucks, Legal Protection for Well-Known Trademar

Application of the Principle of Consensuality and its Legal Implications In Electronic Contracts at Shopee

Abstract This study aims to examine and analyze the application of the principle of consensuality in electronic contracts at Shopee: and how the legal implications of the application of the principle of consensuality in electronic contracts at Shopee. The research method used is normative juridical with a statutory and conceptual approach, using secondary legal data and analyzed with a qualitative descriptive method. The results showed that in electronic contracts at Shopee, the principle of consensualism has been applied. In this case, the electronic contract is carried out by means of a click-wrap agreement, namely to determine the agreement in the e-contract is when the party receiving the offer "clicks" on the agreement section. E-contract in Shopee can be said to be an agreement between computer users (users) in interacting with producers or electronic service providers. The application of the principle of consensuality in electronic contracts at Shopee, raises several legal implications, namely: 1) the existence of consensualism gives birth to an electronic contract; 2) the enactment of the principle of Pacta Sun Servanda, meaning that the agreed electronic contract is fully binding and therefore must be obeyed; 3) and for the transfer of rights, consensualism must be followed by a material contract (zakelijke overeenkomst), with the concrete form of this material contract being the act of delivery (levering) of the object in question from the seller's hands to the buyer's hands. Keywords: Application, Consensuality Principle, Electronic Contract, Shop