Zaaken: Journal of Civil and Business Law

Precautionary Principle: Perumusan Kebijakan Pengelolaan Energi Baru Terbarukan

Anindya Yustika — 2024-02-02

The transition to new renewable energy not only produces energy that is relatively more environmentally friendly, but there are other consequences on the environment. In this case, policy makers must be careful in making the right decision regarding a particular product or legal product, because the EBT transition has the potential to endanger society as a whole, but at the same time these dangers are not widely understood until there is scientific evidence. This article examines efforts in formulating new and renewable energy management policies with an emphasis on precautionary principles to realize sustainable national legal development. This research uses a doctrinal approach or also called a normative legal approach with descriptive analysis methods. This research shows that the energy transition policy offered by the government does not touch directly on the environmental dimensions that have been detrimental to society. On the other hand, Indonesia, which is new to the concept of EBT, needs to strive to gain trust from its people, which can occur if the system offered is safe. This is done with an established legal umbrella so that the precautionary principle must be the breath in making this EBT regulation.

Optimalisasi Hak Ekonomi Nanas Tangkit Baru Jambi Sebagai Produk Indikasi Geografis

Emi Nickyta Sidabutar — 2024-02-26

Geographical indication is part of the Intellectual Property regulated in the Law Number 20 of 2016 on Trademarks and Geographic Indications, Tangkit pineapple is a typical Pineapples Village of New Tangit district of Muaro Jambi which must be protected in order to obtain legal protection of Geographic Indication. The aim of this research is to identify and analyze the economic benefits for communal communities that are integrated into the MPIG Nanas New Infection Group. To identify the role of the government in optimizing the utilization of Geographical Indications for the new Infection Society. The basic problems in this research are: 1) How the economic benefit for the communal community that is integrated in the new infection MPIG Group is formed. 2) How the government's role in optimising the use of geographical indications for new infected communities. This research uses empirical methods of jurisprudence with data collection techniques using observations, interviews and documentation. The conclusion of the results of the discussion in the research showed that: 1) The form of economic benefits made by the people of the village of Tangkit New to increase the revenue of the region is to manage UMKM or home industry by processing pineapple fruit into various kinds of processed products. 2) The role of the Muaro Jambi Government in optimizing the use of Geographical Indications is to provide support in the provision of guidance and training as well as facility assistance.

Persetujuan Tindakan Kedokteran Sebagai Bagian Perjanjian Terapeutik di Puskesmas Desa Sungai Jambat

Besse Sarina Lestari — 2024-02-26

The aims of this research are to find out and analyze whether (1) What are the elements of informed consent that are implemented at the Sungai Jambat Village Health Center. (2) What are the exceptions to the absence of informed consent in a therapeutic agreement at the Sungai Jambat Village Health Center. The methodology had been used was an empirical juridical legal research regarding the application or implementation of legal provisions directly to every legal event that occurs in society. The results of this research indicate that the implementation of informed consent at the Sungai Jambat Village Health Center has been legally enforced as law because it implements and fulfills the four elements of the agreement in Article 1320 of the Civil Code, agreed after receiving the information, competent because they are 21 years old. and guardianship if under age, a certain thing related with the medical action/treatment, and the object of the agreement is fulfilled, and the last requirement related with the legally reason has been eligible because the object of the agreement were the medical treatment that accordance and do not deviate from the law. Regarding the exception to the absence of informed consent, the Sungai Jambat Village Health Center stipulates the rule that in an emergency situation, as an effort to save the patient and requires immediate action, informed consent is not required and can be requested after medical action has been given.

Tanggung Jawab Perusahaan Jasa Pengiriman Barang Di Kota Jambi

Yolanda Siregar — 2024-02-26

This study aims to identify and analyze the implementation of the responsibilities of PT. Yatama Air Cargo Prioritas Jambi branch against consumer losses in shipping goods as well as to find out and analyze the causes of losses for consumers and efforts to resolve consumer losses in shipping goods. The problem that will be examined is how the implementation of the responsibilities of PT. Yatama Air Cargo Prioritas Jambi branch against consumer losses in shipping goods and what are the obstacles that cause losses for consumers and efforts to resolve consumer losses in shipping goods. The research method used is Juridical Empirical research, namely legal research regarding the application of normative legal provisions directly to every legal event that occurs in society. The results of this study indicate that PT. Yatama Air Cargo Prioritas Jambi branch has not carried out its responsibilities in full, in terms of fulfilling responsibilities there are several inhibiting factors that cause damage, delays and loss of goods which can harm consumers. The settlement efforts are carried out peacefully without going through the courts. Where consumers who experience losses can claim in the form of compensation, the amount of which has been regulated in the terms of the goods delivery agreement, both insured and uninsured goods and PT. Yatama Air Cargo Prioritas Jambi branch is ready to accept complaints about losses experienced by consumers and will provide a solution by way of deliberation between the two parties.

Perlindungan Hukum Terhadap Konsumen Pada Jual Beli Hewan Peliharaan Secara Online Di Kota Jambi

Fandy Yusuf Tri Devid — 2024-02-26

Online buying and selling transactions are basically the same as buying and selling in person, the difference is the media used. Internet media makes buying and selling online more effective and efficient. Buying and selling pets online is one of the choices in using transactions through the world of the internet. The purpose of this research is to identify and analyze legal protection for consumers in online pet buying and selling transactions in Jambi City and to find out and analyze what legal remedies can be taken by consumers if their rights are harmed in online pet buying and selling transactions in Jambi City. The research method used in this thesis is a type of empirical juridical research, the nature of the research in this thesis is descriptive research, the data used consists of primary data and secondary data, the data collection method used is field study and library research, the data collection tools are carried out namely the study of documents and interview guidelines, and the analysis of the data used in writing this thesis is a qualitative analysis. The results of this study indicate that consumers in buying and selling pets online in Jambi City have legal protection which is explained in the Consumer Protection Act. Consumers whose rights have been impaired can also make efforts to get their rights back through BPSK or LPKNI. Several Internet media in the form of applications have also provided complaint services on their applications so that consumers can seek their rights which have been harmed by business actors. But only certain applications.

Kedudukan Pemegang Polis dan Pekerja Dalam Hal Terjadinya Kepailitan Pada Perusahaan Asuransi

Mindo Kristiani Pasaribu — 2024-02-26

The aims of this study are 1) to find out and analyze the legal position of policy holders and workers according to laws and regulations in Indonesia, 2) to find out and analyze the regulations regarding protection for policy holders and workers who have provided legal protection or vice versa. This research uses normative juridical research methods with statutory and conceptual approaches. Based on the research results obtained, it can be seen that the position of policy and workers holders in insurance companies that are declared bankrupt through decisions determined by the commercial court is as preferred creditors. In this case, there is a conflict regarding the fulfillment of the rights of policy holders and workers, so to resolve the problem of conflict, legal principles are needed. In this case, the principle of lex posterior derogat legi priori is used, namely that new laws and regulations override old laws and regulations. The Insurance Law is a longer statutory regulation than the Job Creation Replacement Law, so the position of workers in insurance companies that are declared bankrupt has a higher position than the position of policy holders. In terms of the order of fulfillment of rights between the policy holder and the worker, the worker must be paid first. The forms of legal protection for policy holders are regulated in the Civil Code, POJK Insurance and Marketing of Insurance Products, OJK Law, Consumer Protection Law, Bankruptcy and PKPU Law, and Insurance Law. Legal protection for workers is regulated in the Civil Code, Bankruptcy and PKPU Law, PP on Wages, Job Creation Replacement Law, and Constitutional Court Decision Number 67/PUU-XI/2013.

Perkawinan Semarga Pada Masyarakat Batak Toba Di Desa Tanah Jawa Kabupaten Simalungun

Rebekka Nikita Siahaan — 2024-02-26

Perkawinan semarga merupakan perkawinan yang dilakukan oleh kelompok
marga dengan marga yang sama atau perkawinan yang dilakukan dengan orang
yang masih memiliki hubungan kerabat pada masyarakat batak toba. Perkawinan
ini sangat dilarang keras oleh adat maupun masyarakat batak toba karena sudah
menjadi larangan sejak dahulu kala sampai sekarang, namun pada desa tanah jawa
kabupaten simalungun ada beberapa pasang suami isteri yang melakukan
perkawinan semarga tersebut. Tujuan penelitian ini adalah untuk mengetahui dan
menganalisis pelaksanaan perkawinan yang sah pada Masyarakat Batak Toba di
Desa Tanah Jawa, untuk memahami faktor penyebab terjadinya perkawinan
semarga dan sanksi adat yang diberikan kepada pelanggar adat. Penelitian ini
menggunakan tipe penelitian yuridis empiris, yaitu suatu metode penelitian
hukum yang berfungsi untuk dapat melihat hukum dalam artian nyata serta
meneliti bagaimana bekerjanya hukum di lingkungan masyarakat. Spesifikasi
penelitian skripsi yang penulis gunakan dalam penelitian ini adalah bersifat
Deskriptif, yaitu berusaha untuk menggambarkan suatu objek atau subjek yang
diteliti secara mendalam, luas, dan terperinci. Perkawinan semarga yang terjadi di
Desa Tanah Jawa Kabupaten Simalungun ini memberikan fakta bahwa faktor
perkawinan semarga pada masyarakat Batak Toba di Desa Tanah Jawa adalah
faktor domisili, faktor pendidikan, faktor perkembangan zaman atau modernisasi,
dan faktor pergeseran adat, dimana hukum adat yang mengatur adat istiadat
tersebut juga ikut berubah menyesuaikan diri terhadap perubahan masyarakat.

kata kunci: Adat; Masyarakat batak toba; Perkawinan semarga.

Perlindungan Hukum Bagi Debitur: Menggali Aspek Eksekusi dan Jaminan Fidusia

Sherli Malma Purnama — 2024-02-26

In the Fiduciary Guarantee Law, there are provisions regarding the execution of fiduciary guarantee objects in article 15. Initially, the Fiduciary Guarantee Law gave executorial power to fiduciary guarantee certificates. This means that creditors can execute fiduciary collateral objects without going to court. However, this provision has been canceled by the Constitutional Court in Decision Number 18/PUU-XVII/2019. The Constitutional Court's decision states that the provisions regarding the executorial power of fiduciary guarantee certificates are contrary to the 1945 Constitution of the Republic of Indonesia. This is because these provisions give too broad authority to creditors to execute fiduciary collateral objects without going through court. For this reason, it is necessary to know the legal protection for debtors because in fiduciary guarantees, creditors are superior to debtors. This research method uses a normative method with a statutory approach.

Pemberian Upah Kerja Lembur Pada PT. Permodalan Nasional Madani Cabang Kota Baru Jambi

Chandra Restia — 2024-02-26

This research aims to determine and analyze legal protection for overtime wages at PT. Madani National Capital (PNM) Kota Baru Jambi Branch, and to find out and analyze what obstacles cause non-payment of overtime wages at PT. Madani National Capital (PNM) Kota Baru Jambi Branch. The problem in this research is: How is the legal protection for overtime wages at PT. Madani National Capital (PNM) Kota Baru Jambi Branch?, and what are the obstacles causing non-payment of overtime wages at PT. Madani National Capital (PNM) Kota Baru Jambi Branch?, The research method is Empirical Juridical combining legal materials (secondary data) with primary data obtained on legal facts that occurred between workers and PT. Madani National Capital City New Branch. The results of the research are the implementation of the rights and obligations of parties in the cooperation agreement between workers and PT. Madani National Capital City Baru Branch has not been implemented in accordance with the provisions of the Law on Wages, the Employment Law and the agreement, where the core point of the agreement is that workers who work at PT. Civil National Capital must be paid wages in accordance with the Law on Wages and the Employment Law as well as the work contract agreement that has been agreed upon by both parties. The obstacles faced by these workers are that their wages do not match expectations, there is overtime pay that is not given to workers by PT. Civil National Capital.