Contract as implementation of human rights and the principle of freedom of contract in realizing human welfare
Ridho Syahputra Manurung Universitas Pembinaan Masyarakat Indonesia Lecturer of Faculty of Law, Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia
Abstract
Freedom of contract is a universal legal principle of agreement. The legal principle is also embraced in the Indonesian treaty law. That principle stems from the individualist understanding that gave birth to free-market economic politics to pursue individual well-being. The application of the principle of freedom of contract becomes a problem for the state of Indonesia as a welfare state, whether its application is driven to achieve social welfare or individual welfare. This article is an analytical normative juridical study. The results of the study concluded that freedom of contract is actually related to the existence of human beings who have human rights which are fundamental rights that include freedom, the right to life, and property. It all concerns the dignity and dignity of human beings related to quality of life. What this latter mentions is essentially about wellbeing. Thus, contracts are legal means used to pursue welfare, be it personal welfare or welfare of co-living or social welfare.
Keywords: contract, human rights, human welfare
State policy on contracts as a means of realizing social welfare
Ridho Syahputra Manurung Universitas Pembinaan Masyarakat Indonesia Lecturer of Faculty of Law, Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia
Abstract
Freedom of contract is a universal legal principle of agreement. The application of the principle of freedom of contract becomes a problem for the state of Indonesia as a welfare state, whether its application is driven to achieve social welfare or individual welfare. This article is an analytical normative juridical study. The data used is secondary data covering primary, secondary and tertier legal materials. The data is qualitatively analyzed using methods of interpretation through the approach of legal philosophy. The results of the study concluded that to create social welfare and view the contract from the side of society and the principle of freedom of contract is interpreted objectively by the legislature or the state. On the other hand, it can be said that the Anti-Monopoly Act and the Consumer Protection Act are forms of protection, respect, and fulfillment of individual Human Rights by the state.
Keywords: state policy, contract, social welfare
The Process Of Reviewing The Sale And Purchase Of Legal Aspects Of High Heritage Land Disputes (Analysis Of Decision Number: 11/Pdt.G/2015/Pn.Bsk)
Ridho Syahputra Manurung Magister Ilmu Hukum Pascasarjana Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia Email: doktorridho80@gmail.com
Abstract
Land disputes are one of the maximum tough troubles to remedy and need to be dealt with carefully. High inheritance is the not unusual place assets of a folks who are associated through blood and inherited from era to era from their ancestors. Buying and promoting consistent with normal regulation is an alternate and is what’s known as coins or coins. The hassle is that layout land (excessive heritage) can not be traded primarily based totally at the West Sumatra Regional Regulation Number 6 of 2008 regarding layout land and its utilization. The formula of the hassle on this thesis is what’s protected withinside the putting of the scope consistent with Decision quantity 11/Pdt.G/2015/PN.BSK, what elements are the reasons for excessive inheritance land disputes and the way to remedy excessive inheritance land disputes. sale and buy decided through the Batusangkar District Court. The nature of this thesis study is descriptive studies the use of a qualitative method and the form of normative criminal studies and empirical juridical method (sociology). The records series method makes use of number one records, particularly statement, and secondary records, that is received from legal guidelines and regulations, books, work medical papers associated with these studies, criminal dictionaries, reliable files, and regulations In conclusion, it seems that layout rights (Tanah Pusaka Tinggi) can not be traded, however in fact from the case that I analyzed, selection quantity 11/Pdt.G/2015/PN.Bsk became out to be withinside the normal community, the excessive inheritance land was traded and subsequently have become a dispute that subsequently entered the world of regulation.
Keywords: Legal Aspects, Sale and Purchase, High Heritage Land Disputes.
Legal Protection Clothing Whole sale Trade With A Contract Of Sale Note
Ridho Syahputra Manurung Magister Ilmu Hukum Pascasarjana Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia Email: doktorridho80@gmail.com
Abstract
One of the legal protections can be given to a business activity in order to ensure the protection of a business so that it continues to run well. Therefore, consumer protection is very necessary from the background above. In the case study of paper, the formulation of the problem is as follows, How is the Relationship Between Business Actors and Consumers in Using Sales Notes, What are the Factors Causing the Occurrence of Achievement In Sales, and how to use it to know the Legal Protection for Merchants Who Use Sales Notes Resulting in Default. The type of research carried out is empirical analysis using a case study approach. At the Central Wholesale Market, Medan Market Center with field research, the data collection techniques used are primary data and secondary data consisting of interviews at the Central Wholesale Market, Medan Market Center. The conclusion of this thesis is the relationship between business actors and consumers, namely consumers can obtain sufficient information to fulfill consumer needs. The factors that cause this default are due to two possibilities, namely: the first is the merchant himself because the assessment is done subjectively, the second is the fault of the buyer, either intentional or negligent or beyond his ability. The advice that can be given is that it is hoped that wholesalers can be more careful in making sales, especially clothing wholesalers so that consumers can avoid actions that result in default.
Keywords: Legal Protection, Wholesaler, Sales Note, Default
Juridical Review on The Crime of Fraud in The Implementation
of The Pyramid Scheme System of Business Actors
Ridho Syahputra Manurung Magister Ilmu Hukum Pascasarjana Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia Email: doktorridho80@gmail.com
Abstract
The crime of fraud with the pyramid scheme system in Indonesia has recently become rampant. The more recent the development of information technology, the more up-to-date the forms and modes of perpetrators of crimes will be. The formulation of the problem in this thesis is: how is the case of the decision of the Supreme Court of the Republic of Indonesia Number 106 K/Pid/2018, the reasons for the consideration of the Supreme Court and the analysis of the decision of the Supreme Court. One of the legal products in the form of legislation that regulates economic problems is Law Number 7 of 2014 concerning Trade. The interesting thing in this law is contained in Article 9 of Law Number 7 of 2014 which reads “Business actors are prohibited from implementing a pyramid scheme system in distributing goods”. Pyramid scheme is a term or name of a business activity that is not the result of the sale of goods but this activity takes advantage of the opportunity for participation of business partners to obtain rewards or income. Pyramid scheme fraud is an illegal business system where the profits obtained by a number of people who are in the top position of the pyramid come from the funds of new members who are in the bottom position of the pyramid. This paper is descriptive analytical with normative juridical research, while the research method used is library research with data collection techniques using secondary data types consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Whereas in the case of the defendant’s position it is proven that he has committed a criminal act of fraud against the use of the pyramid scheme system. The reasons for the judge’s consideration must pay attention to the juridical, economic, interests and legal certainty aspects. Based on this, the author’s analysis is that it is more appropriate if the defendant is subject to Article 105 of Law Number 7 of 2014 concerning Trade with a sentence of 10 years in prison and/or a fine of Rp. 10,000,000,000.00-(ten billion rupiah).
Keywords: Fraud, Pyramid Scheme System, Business Actors
Implementation of Criminal Sanctions Against Business Actors In The Sale
of Toys Not With Indonesian National Standards
Ridho Syahputra Manurung Magister Ilmu Hukum Pascasarjana Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia Email: doktorridho80@gmail.com
Abstract
Toys are products that are compulsorily enforced by SNI. This application can ensnare business actors who sell non-SNI toys with criminal sanctions, such as in the decision Number 172/Pid.Sus/2017/PN Skt. The issues raised are the legal arrangements related to toys that are enforced by SNI compulsorily, the application of sanctions against business actors who trade non-SNI goods, and the analysis of judges’ considerations in the application of crimes against business actors who sell non-SNI toys. This research is a normative law that uses secondary data. The data collection method is in the form of literature study, with the data sources used in the form of primary, secondary, and tertiary materials. Toys that meet SNI can be proven by having the SPPT-SNI issued by LSPro and the SNI logo on the product. Business actors who sell toys without SNI can be sentenced to imprisonment or a fine. However, in this decision, the judge decided that the defendant was on probation. The results of the study show that the implementation of mandatory SNI toys is regulated in the Regulation of the Minister of Industry 24/MIND/PER/4/2013. Business actors who sell toys without SNI may be subject to sanctions as regulated in Article 62 of Law no. 8 of 1999 concerning Consumer Protection and Article 113 of Law no. 7 of 2014 concerning Trade. The application of the sanctions contained in the decision 172/Pid.Sus/2017/PN Skt is in accordance with the applicable law but does not provide a deterrent effect on the defendant. It would be better if the probationary sentence was applied to a fine. The legal process must also be carried out to the toy supplier to the defendant so that there is justice.
Keywords: Business Actors, Indonesian National Standards
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