Ibrahim, Arif M.
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Discourse on Consumer Legal Protection on The Inclusion of Exoneration Clauses (Standardised Contract) In An Agreement Tunggati, Melki T.; Ibrahim, Arif M.; Moha, Sri Wahyuni S.
Jurnal Hukum Bisnis Vol. 2 No. 2 (2024): Jurnal Hukum Bisnis (J-Kumbis)
Publisher : LPPM Universitas Bina Taruna Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37606/j-kumbis.v2i2.203

Abstract

The purpose of this study is to find out whether the standard agreement reflects the principle of freedom of contract in an agreement and the form of legal protection against the inclusion of the standard clause in an agreement. The results of this study indicate that the application of the standard clause in an agreement does not reflect and does not realize the principle of full freedom of contract, because the consumer has only the freedom to decide whether he makes a contract or not and the freedom to vote with whom he will make the agreement. While the debtor has absolutely no freedom to make agreements on the substance of the treaty, the contents of the agreement, the form of agreement and the manner of making the agreement and the protection of the law in the inclusion of the standard clause is set forth in article 18 of the consumer protection legislation regarding the ban on the inclusion of the standard clause. However, if in the implementation of the standard agreement there is a difference of interpretation of the standard contract formulation made by the parties then one of the legal efforts that can be done to become a defense fortress or legal protection to the consumer so that in the implementation of the standard agreement does not incriminate one party in contract, especially the consumer Then the standard contract formulation shall use the interpretation of an impartial agreement to the standard contractor.
HUKUM PIDANA DALAM PERSPEKTIF ADMINISTRASI PUBLIK: KAJIAN ATAS PENEGAKAN HUKUM TERHADAP PELANGGARAN PERIZINAN Bongso, Farras; Ibrahim, Arif M.
Jurnal Administrasi, Manajemen dan Ilmu Sosial Vol 2 No 3 (2023): Jurnal Administrasi Manajemen Sumber Daya Manusia dan Ilmu Sosial (JAEIS)
Publisher : Universitas Bina Taruna Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37606/jaeis.v2i3.114

Abstract

This article analyzes the role of criminal law in enforcing licensing violations in the context of public administration in Indonesia. Law enforcement against licensing violations is an important part of efforts to maintain order, justice, and legal certainty in the public sector. However, the implementation of law enforcement is often faced with various challenges, including the inconsistency between existing regulations and practices in the field and the lack of synergy between law enforcement agencies and local governments. This article uses a descriptive-analytical approach by utilizing secondary data from journals, books, and related reports. The findings show that although there are already quite strict regulations related to licensing, the effectiveness of law enforcement is still limited by slow bureaucracy and lack of transparency. Therefore, this article proposes several innovative strategies to improve the effectiveness of law enforcement, including the use of information technology in licensing monitoring and increasing the capacity of law enforcement officers at the regional level.