"Era Hukum: Jurnal Ilmiah Ilmu Hukum" (p-ISSN 0854 8242 | e-ISSN 2581 0359) merupakan media diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari akademisi maupun praktisi bidang hukum di seluruh Indonesia. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" terbit 2 (dua) kali dalam setahun yaitu pada bulan Juni dan Oktober. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" mencakup tulisan keilmuan dari bidang hukum yaitu: - Hukum Pidana - Hukum Perdata - Hukum Internasional - Hukum Transportasi - Hukum Lingkungan - E-commerce - Hukum Tata Negara - Hukum Adat - Hukum Acara - Alternatif Penyelesaian Sengketa Aspirasi wawasan regional, nasional maupun internasional terwadahi dalam karya orisinal yang mendasar (fundamental) namun memiliki unsur kebaruan (updated) sehingga karya yang dihasilkan merupakan hasil penalaran sistematis, relevan dan memiliki kontribusi tinggi terhadap pembangunan ilmiah bidang hukum.
Faculty of Law - Tarumanagara University
Penulis yang mempublikasikan jurnal ini setuju dengan ketentuan sebagai berikut: Penulis mempertahankan hak cipta dan memberikan jurnal hak publikasi pertama dengan pekerjaan secara bersamaan berlisensi di bawah Creative Commons Attribution yang memungkinkan orang lain untuk berbagi pekerjaan dengan pengakuan kepengarangan karya dan publikasi awal di jurnal ini. Penulis mampu untuk masuk ke dalam terpisah, pengaturan kontrak tambahan untuk distribusi non-eksklusif versi diterbitkan jurnal pekerjaan (misalnya, posting ke sebuah repositori institusi atau menerbitkannya dalam sebuah buku), dengan pengakuan publikasi awal di jurnal ini. Penulis diizinkan dan didorong untuk mengirim karya mereka secara online (misalnya, dalam repositori institusi atau website mereka) sebelum dan selama proses pengiriman, karena dapat menyebabkan pertukaran produktif, serta sebelumnya dan kutipan yang lebih besar dari karya yang diterbitkan.
LEGALITAS PERJANJIAN JUAL BELI MELALUI E-COMMERCE SECARA ONLINE MELALUI FITUR TAWAR MENAWAR YANG MERUGIKAN PIHAK PENJUAL
The act of buying and selling is a common thing in society, in its development buying and selling can not only be carried out face-to-face, but with the development of technology and information, these activities can be carried out through online market applications. With this development, to attract public interest in the application, various features were added with a hope that these features could attach the community interest in online buying and selling activities. One of the features provided is the bargaining feature, where the seller and buyer can negotiate the price until a certain point that has been agreed by both parties. However, in practice, many irresponsible parties misused this feature by taking advantage of the negligence of one other party, in this case the seller was the victim and by this action the seller was aggrieved in economic terms. Therefore, this journal will discuss the legality of the sale and purchase agreement which occurred based on the negligence of a party that aggrieves the seller in the online market by using the bargaining feature.
Hak Cipta (c) 2022 Era Hukum - Jurnal Ilmiah Ilmu Hukum https://creativecommons.org/licenses/by-nc-sa/4.0
CRYPTO ASSET TRENDS IN INDONESIA: NEW CHALLENGES TO INDONESIAN REGULATIONS
Cryptocurrency started its boom in Indonesia in 2013 and ever since, its popularity has soared in the community, especially among younger generations. Most enthusiasts agree that it is a captivating investment instrument due to its high return in the past years. The covid-19 pandemic strike, which led to series of lockdowns, plays a major role in echoing the digital asset’s popularity. The rapid growth of the asset’s adoption invites questions of regulation necessity and the role of related regulators. This writing addresses those questions and, in the end, this paper finds that the regulators need to identify the economic problems rise with the existence of the crypto assets and regulate sufficiently to ensure the innovation is not halted due to overregulation. This writing uses a juridical-normative research method with a case approach. Regulations made by the Government as the regulator are needed in order to realize protection, legal certainty and harmony in regulating investment activities and payments with cryptocurrency.
TELAAH KRITIS TERHADAP PERLINDUNGAN FREEDOM OF SPEECH DALAM HONGKONG SECURITY LAW DITINJAU BERDASARKAN DEKLARASI BERSAMA TIONGKOK – INGGRIS 1984 (SINO-BRITISH JOINT DECLARATION 1984)
The Sino-British Joint Declaration was a declaration that was signed by Great Britain and China in 1984 in other to discusses about Hongkong which was under British control at that time where British gave Hongkong to China as the part of 99 year lease, but it ended up in disaster after the Hongkong's 2020 National Security Law.The type of research that the author uses is normative where this research refers to international regulations that apply in international relations, court decisions, and norms that apply in international relations.Based on the studies that have been carried out and based on expert opinions and theories that have been put forward, it can be concluded that China violated the contents of the Sino-British Joint Declaration which protects the principle of Freedom of Speech in Hongkong with the ratification of the Hongkong National Security Law.Based on the conclusions above, the authors provide the following suggestions, the Chinese government must carry out International Responsibility by revising the Hong Kong National Security Law both in substance (to avoid rubber articles such as Article 29 point 5) and the process of making the law to follow the law-making procedures in force in Hong Kong.
KAJIAN YURIDIS MENGENAI LEGALITAS ABORSI DALAM KASUS PEMERKOSAAN SERTA KAITANNYA DENGAN PENGATURAN ABORSI DALAM RUU KUHP (PERBANDINGAN ANTARA TINDAK PIDANA ABORSI DALAM SISTEM HUKUM INDONESIA DAN ABORSI DALAM SISTEM HUKUM SINGAPURA)
Abortion has been a controversial topic throughout history due to a variety of perspectives. There are pros and there are cons. Including the regulation of abortion in the Draft Law (RUU) of the Criminal Code, where there are provisions and/or Articles on abortion and/or abortion. In the Criminal Code, abortion is regulated in Articles 251, 415, 469, 470, and 471. Then when we look at the act of abortion that is legalized according to the provisions in his country, the real example is in Singapore which is in the Termination of Pregnancy Act Cap. 324 the implementation of abortion is not prohibited. Meanwhile, in the ius constitutum of Indonesia, abortion is a criminal act or crime against life regulated in Articles 229, 346-349, and 535 of the Criminal Code, and regarding the exemption of abortion in Indonesia itself is regulated in Law No. 36 of 2009 on Health. Therefore, this writing, the author intends to legally examine the legalization of abortion in rape cases in Indonesia, which should be in the Criminal Code as a constituent can contain the rules, with a comparison between abortion in Indonesia and abortion in Singapore.
KETENTUAN PEMENUHAN HAK ANAK LUAR KAWIN ATAS PENERIMAAN HARTA WARISAN DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1594K/PDT/2018)
Regarding the legal position of illegitimate child in terms of inheritance which is different from legitimate child, it quite often found errors occur. The incident where an error occurred in the distribution of inheritance was also found in the case of the Supreme Court's Decision Number: 1594K/Pdt/2018. Based on this case, a problem arises regarding the equal distribution of inheritance between legitimate child and illegitimate child. Then, problems arise, namely how the legal position of illegitimate children in receiving inheritance and what form of legal protection for illegitimate children who do not fulfil Article 272 of the Civil Code in receiving inheritance. The author uses normative legal research methods. the legal position of an illegitimate child who fulfills Article 272 of the Civil Code with a legitimate child is only the same for the ownership of saisine, heriditatis petitio, and legitieme portie rights, but the share of inheritance is different. Meanwhile, illegitimate children who do not fulfil Article 272 of the Civil Code can obtain legal protection like receiving grants or testaments. So, the author can conclude that the portion of illegitimate children who fulfill Article 272 of the Civil Code gets a smaller share than legitimate children. For illegitimate children who do not fulfil Article 272 of the Civil Code, they are still entitled to legal protection like receiving grants or testaments. It is better for people who will become heirs to be able to distribute inheritance to their heirs fairly and equitably based on the provisions stipulated in the Civil Code.
ILMU FORENSIK SEBAGAI LANGKAH PENYELESAIAN KASUS PIDANA MUTILASI DALAM PERANAN PEMBUKTIAN DI HADAPAN HUKUM
Proof of murder and other crimes related to forensic science to reveal the perpetrators of crimes and their evidence, the purpose of this study was to determine the important role that forensic science has in solving crimes and the strength of the evidence of Visum et Repertum in court, the research method taken at This writing is a normative legal method in which Primary legal material contains premeditated murder as regulated in 340 of the Criminal Code, legislation Number 8 of 1981 concerning the Criminal Procedure Code, Number 29 of 2004 concerning Medical Practice, to solve this criminal case requires various types of knowledge. forensics, which is stated in the National Police Chief Number 10 of 2009 concerning Procedures and Requirements for Technical Requests for Criminal Cases at Case Incidents and Criminal Laboratory for State Evidence of the Republic of Indonesia. The case that was brought to the mutilation criminal case was focused on the decision Number 1036/Pid.B/2008/PN.DPK, the element of deliberate intentional killing of lives has been proven by fulfilling the implementation of Article 340 of the Criminal Code with this decision.Keywords: Criminal Acts, Forensic Science, Visum et Repertum, Premeditated murder
AUDITOR HUKUM DI ERA DIGITALISASI DALAM UPAYA MENCEGAH TRANSAKSI TINDAK PIDANA PENCUCIAN UANG
One of the legal auditors in Indonesia is the Center for Financial Transaction Reports and Analysis. In Law 8 of 2010 concerning the Prevention and Eradication of the Crime of Laundering, it expressly mandates the establishment of the Financial Transaction Reports and Analysis Center (PPATK) as a central institution (focal point) which Numbers the Implementation of the Act in order to prevent and criminal actor money laundering. in Indonesia. The problem is how are legal auditors in the digitalization era in an effort to prevent money laundering. The research method used is normative juridical research. The results of the research are that the existence of a legal auditor is one of the efforts to prevent money laundering crimes, where it is necessary to search for assets resulting from criminal acts, which are generally carried out by financial institutions through mechanisms regulated in laws and regulations. PPATK may cooperate in exchanging information in the form of requesting, giving, and receiving information with parties, both nationally and internationally.
Hak Cipta (c) 2021 Era Hukum - Jurnal Ilmiah Ilmu Hukum
DAMPAK PERALIHAN KEBIJAKAN PERIZINAN USAHA TAMBANG GALIAN C DI KABUPATEN INDRAMAYU
Excavated material C is part of Indonesia's abundant natural resources. Its utilization is used for the greatest prosperity of the people. Excavation mining C is required to obtain a mining business permit, but many entrepreneurs in the Indramayu Regency do not have a mining business permit. On the other hand, there has been a shift in the mining permit policy for excavation C. The problem is what is the impact of the policy shift on the issue of licensing for mining mining C in Indramayu Regency? Through empirical legal research, the research results show that initially the mining business licensing policy in the Indramayu Regency was the authority of the Indramayu Regency Government. Since 2017, the mining business licensing policy for C excavation located in Indramayu Regency has changed to the authority of the West Java Provincial Government. This has an impact on the procedure for obtaining a mining business permit for C-mining, which is getting longer and more difficult, the cost of obtaining a C-mining business permit is getting bigger, C-mining activities are increasingly without a permit, and the Indramayu Regency Government does not have the authority to regulate C-excavation mining activities. unlicensed.
ANALISA HUKUM ATAS TRANSAKSI GADAI SAHAM PERUSAHAAN PENANAMAN MODAL ASING DISERTAI PEMBERIAN KUASA ATAS SAHAM SEHUBUNGAN DENGAN LARANGAN PERJANJIAN PINJAM NAMA ATAU NOMINEE AGREEMENT DALAM UNDANG-UNDANG PENANAMAN MODAL
Foreign investors as foriegn shareholders who plan to conduct a foreign direct investment in Indonesia often face the legal facts that there is a limitation of percentage of shares ownership in the joint venture company which will be established with the Indonesian shareholders. Foreign investors aim to manage or control the joint venture company since the foreign investor deemed as the party who knows the best of the management of the factory and the Indonesian shareholders only serve as legal formality in order to fulfill the requirement of establishment of the joint venture company. In the framework of complying with the said restriction of percentage of shares ownership then the foreign investor shall utilize the legal instrument such as nominee agreements in order to achieve the goals to control the joint venture company. Law Number 25 Year 2007 concerning Investment as amended by Law Number 11 Year 2020 concerning Works Creator has stipulated the restriction to foreign investors to make agreement or statement which states the shares ownership in the joint venture company is and on behalf of other persons. The objective of the said restriction is to eliminate the ownership of joint venture companies by the form of “de yure'' to be owned by a person but by the form of “de facto'' to be owned or at least to be possessed by another party.
PENYELESAIAN SENGKETA LINGKUNGAN HIDUP DI LUAR PENGADILAN BERDASARKAN UNDANG UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (STUDI KASUS: PUTUSAN NOMOR 178/Pdt.G/LH/2019/PN Blb)
The Indonesian state is rich in natural resources which are managed for the welfare of the people. However, there are times when the use of natural resources is carried out inefficiently and is only oriented towards short-term interests carried out by irresponsible human behavior which results in uncontrolled damage and pollution to natural resources. Environmental damage and pollution can lead to potential environmental disputes.The purpose of this paper is to find out how to resolve environmental disputes outside the court based on undang-undang nomor 32 tahun 2009 tentang perlindungan dan pengelolaan lingkungan hidup (studi kasus: putusan nomor 178/Pdt.G/LH/2019/PN Blb).The method used is a normative legal research method with qualitative normative analysis techniques and is subject to statutory research. The conclusion of this paper is undang-undang nomor 32 tahun 2009 tentang perlindungan dan pengolaan lingkungan hidup.a way to settle environmental disputes outside the court is provided in order to reach an agreement on the form and amount of compensation and/or on certain actions to ensure that negative impacts on the environment will not be repeated.
PERLINDUNGAN KONSUMEN TERKAIT PEREDARAN PRODUK IMPOR TANPA LABEL HALAL DI INDONESIA
Along with the globalization of trade that leads to a free market, resulting in more and more variations of products being sold, both in the form of products and services. This, on the other hand, has benefits for consumers, but on the other hand, it has the potential to harm consumers due to the actions of business actors in producing goods and services often not paying attention to consumer rights related to existing legal provisions, in this case the inclusion of labels. Halal for imported products Law Number 8 of 1999 and Government Regulation No. 69 of 1999 as a legal umbrella for consumers in Indonesia, has clearly regulated the obligation of business actors to include a label as proof of halal. The formulation of the problem in this study is about consumer protection efforts related to imported products without halal labels and Indonesian language labels according to the Consumer Protection Act. The research used is a normative juridical approach. The discussion materials used consist of primary legal materials and secondary legal materials. Furthermore, the analysis is carried out using the deduction method. Liability against importers can be requested civilly, criminally, and administratively. Based on the conclusion, it is recommended to provide legal certainty for consumers in Indonesia above, it is hoped that the government can increase supervision on the circulation of imported products in Indonesia.
KEDUDUKAN KREDITUR DALAM PEMBIAYAAN MOBIL PENUMPANG OLEH PERUSAHAAN PEMBIAYAAN DENGAN JAMINAN FIDUSIA SETELAH BERLAKUNYA PUTUSAN MAHKAMAH KONSTITUSI (MK) No 18/PUU XVII/2019
‘An agreement with a fiduciary guarantee’is an additional agreement’or assesoir of0a basic0agreement that creates an obligation for the parties to fulfill an achievement in the form of giving something, doing something0or’not doing something0that can be valued0in money.”Fiduciary must be registered and generate a fiduciary certificate (Article 11 to Article 18 Law of The Republic of Indonesia on Fiduciary). Theregistration of this0fiduciary guarantee itself gives preference. A fiduciary certificate has executorial power like a court decision. After the ‘Constitutional Court’Decision ‘No. 18 / PUU-XVII / 2019’which interpreted Article 15 section (2) and (3) of Law 42 of 1999 Law of The Republic of Indonesia on Fiduciary, had a significant impact on financing institutions as creditors where they could no longer carry out executions using The executorial title for the movable property guarantee is based on the fiduciary deed if ‘the debtor does not agree to submit the collateral object.’So the authors raised several problems, namely: how was the influence after the Constitutional Court Decision ‘No. 18 / PUU-XVII / 2019 on Article 15 section (2) and (3) Law No. execution of fiduciary guarantees; and what is the balance of the position of debtors and creditors in the agreement ‘after the Constitutional Court Decision No.18 / PUU-XVII / 2019.’After analyzes with the normative legal research method, a legal research, both pure and applied is carried out by a legal researcher to examine a norm, then after the Constitutional Court decision, if the debtor refuses to accept the breach, the default and execution must be proven through the court. As well as the balance of position still cannot be said to be balanced but the position of the debtor has increased compared to before the Constitutional Court Decision.
PENYELESAIAN SENGKETA DENGAN ARBITRASE SECARA ONLINE DI BANI PADA MASA PANDEMI COVID-19
Globalization is something that cannot be avoided by humans in the world, including Indonesia. It can be said that because in fact, people's life in Indonesia has entered the digital era. This is due to technological advances and the use of the internet that make it easier for people to carry out their activities in any field. However, it is likely that a problem or dispute will occur due to the legal relationship that occurs online. With the existence of these disputes, the number of disputes that must be resolved becomes large and still must obtain a good resolution legally as well as face-to-face between the parties and the third party or the judge. Given the increasingly sophisticated technology, it does not rule out that technology or social media can be used to resolve a dispute or what is often referred to as Online Dispute Resolution (ODR) and online arbitration is included in it. Online arbitration was indeed carried out during the current Covid-19 pandemic. Therefore, the author wants to examine how certainty or legal basis and how to proceed online arbitration
PELAKSANAAN PELEPASAN HAK ATAS TANAH ADAT SUKU WORIASI DI KABUPATEN KEPULAUAN YAPEN PROVINSI PAPUA SEBAGAI SYARAT PEMBERIAN HAK GUNA BANGUNAN PADA BADAN HUKUM PT. SINAR WIJAYA PLYWOOD INDUSTRIES DALAM KONTEKS KEPASTIAN HUKUM
Land registration is regulated by the Basic Agrarian Law Article 29 (UUPA) also Government Regulation Number 24 of 1997 about land registration that has a purpose to give guarantee of legal certainty of land. Alongs with the use of Indonesia land increasingly to remote areas, the businessmen that need land as the business facility such as PT. Sinar Wijaya Plywood Industries did a request of Building Right to the land that was occupied by the community of Woriasi tribe. How the application procedure of the customary land Woriasi tribe relinquishment as the grants of Building Right to legal agency that is PT. Sinar Wijaya Plywood Industries already gives the legal certainty.The data collected from the field was analyzed descriptively qualitative where the primer and secondary data. The conclusion from the customary land Woriasi tribe relinquishment happened before between custom society with legal agency was agreed because discussion and fulfilment of the application of regulatory requirements Building Right. The state that holds the highest power could regulate the use of land also could be considered the aspects of the proposal that delivered and could be responsible by the applicant so appointed Decree of the Ministry of Agrarian and Spatial Planning / Head of the National Land Agency Number 34 / HGB / KEM / ATR / BPN / VI / 2019 is legality of the process of Building Right application.
on the legal agency in the context of legal certainty
TINJAUAN HUKUM PENGUASAAN TANAH OLEH WARGA DI KECAMATAN TANJUNGSARI KABUPATEN SUMEDANG TERHADAP JALUR KERETA API NONAKTIF
Development in the transportation sector raises various land problems. One of them is the problem of land tenure without rights that occurs on the non active railroad. This problem arises because the residents live on the land of the former railroad track that has been inactive for a long time, such as what happened in Tanjungsari District, Sumedang Regency. The plan to reactivate the Rancaekek-Tanjungsari railway line is the beginning of problems related to land tenure. This study aims to determine how the legal status of the railroad tracks non active in Tanjungsari District, Sumedang Regency and how to solve the land problems. The research method used is juridical normative, the research specification is descriptive analysis. The method used is normative juridical analytical descriptive research. Based on secondary data and data collection using literature studies and interviews. The data analysis method used in this research is qualitative juridical. Based on the results of this study, it can be concluded that the legal status of land controlled by residents is assets belonging to PT KAI, which is state land controlled by PT KAI on the basis of mastery in the form of grondkaart. The residents occupied the land without rights. Therefore, in an effort to resolve the land issue, deliberation / mediation is necessary to find the best solution by taking into account the interests of the related parties, or it can be resolved by public consultation.
PERTANGGUNG JAWABAN PT. GRAB INDONESIA TERHADAP PENGEMUDI YANG MENDAPAT ORDER FIKTIF
Currently in Indonesia, one of the businesses is a rapidly growing business that is using the utilization of technology as a container. Entrepreneurs began to develop as well as compete to improve their business in innovation and creativity by the way of the utilization of technology as a means of business in accordance with the increasing needs of the community and ease in daily activitiesOne of the businesses that uses the utilization of technology is the application Grab, Grab is one of the platform services on demand, which is headquartered in Singapore. This app offers many choices of transport services ranging from taxis, private cars, motorcycles, food ordering, to delivery packages to meet the needs of passengers. But with financing through the cash there is one of the consequences of the transaction GrabFood where the occurrence order is fictitiousThe author using a case study approach which includes accountability for the PT. Grab Indonesia against the driver Grab that become victims to orders fictitious according to the law of consumer protection and the law a civil contract and using the theory of accountability
TINDAK PIDANA EKSPLOITASI ANAK UNTUK KEPENTINGAN EKONOMI (Studi Kasus Putusan No.1608/PID.Sus/2016/PN.Tng)
Child exploitation is arbitrary action and discriminatory treatment against children by the community or their own families with the aim of forcing the child to do something without regard to children's rights, for example cases of child exploitation by Tajudin who employ children as mortar sellers on the street. general by placing the child on the side of the highway by hoping that someone feels sorry for him to be given money. In this case, the issue raised is whether the act of the defendant in decision number: 1608 / Pid.Sus / 2016 / PN.Tng is a criminal act of child exploitation and whether the judge's consideration in deciding to release the case of child exploitation is in accordance with the statutory regulations. applicable. This research is a descriptive analysis so that the data obtained are analyzed qualitatively. The theoretical basis refers to article 1 number 7 of the Republic of Indonesia Law number 21 of 2007 concerning the crime of combating trafficking in persons. The results of the research conducted by the author in this case is that the exploitation of children is a criminal act, this is clearly stated in article 1 number 7 of the Republic of Indonesia Law number 21 of 2007 concerning the eradication of the crime of trafficking in persons. The judge stated that the defendant's actions were proven but the act did not constitute a criminal act and the judge released the defendant from all legal charges. In this case the act committed by the defendant had been approved by both parents to sell mortar, therefore the elements contained in the article were not a crime.
KONFLIK NORMA KEWAJIBAN NOTARIS MERAHASIAKAN AKTA DENGAN KEWAJIBAN MELAPORKAN TRANSAKSI KEUANGAN YANG MENCURIGAKAN
The formulation of the problem in this study is how to resolve the conflict of norms of the obligation of notaries to keep the deed secret with the obligation to report suspicious financial transactions? The research method is carried out in literature with the type of normative legal research, according to dogmatic issues related to norm conflicts. The results showed that the conflict resolution of the norms of the obligation of notaries to keep the deed secret with the obligation to report suspicious financial transactions is a conflict of norms that can be resolved using legal principles as legal treatment, including: First, “lex superiori derogat legi inferiori”; Second, “lex specialis derogate legi generali”; Third, l”ex posteriori derogat legi priori”. Analysis of norm conflict resolution using legal preference techniques, the notary's obligation to keep the deed secret based on Article 4 paragraph (2), Article 16 paragraph (1) letter f and Article 54 paragraph (1) UUJN has legal force that cannot be defeated by the strength of Article 3 PP ML Reporters. Thus, a notary who does not report suspicious financial transactions cannot be said to have acted against the law. On the other hand, a notary is against the law if he leaks the secret of his position or opens the confidentiality of a deed based on the norms of “Article 4 paragraph (2), Article 16 paragraph (1) letter f and Article 54 paragraph (1) UUJN”.
PENGURUSAN DAN PENGELOLAAN HARTA KEKAYAAN SUAMI ISTRI KE DALAM SUATU LEMBAGA “ TRUST” DAN AKIBAT HUKUMNYA TERHADAP HAK AHLI WARIS BERDASARKAN HUKUM WARIS PERDATA BARAT
This thesis discusses theagreement on the management of the husband-wife’s assets under Trusts, as acknowledged in Anglo Saxon countries, in order to protect the family assets for future generations. The issues focus on how the enforcement of such an agreement is basedon Indonesia'slaws which, in general, do not acknowledge the trustsconcept (i.e., separation between legal ownership and beneficial ownership). In addition, the provisions under such agreement can potentially infringe the inheritance laws under the Indonesian Civil Code and in this case, whether the inheritance disposition will be subject to the inheritance laws or the said agreement. This thesis’ research methodology is legal normative. The research result has shown that the agreement on the establishment of a Trust for the purpose of managing the husband-wife’s assets cannot be made and enforced under Indonesia'slaws, rather it should be made and governed based on the foreign law where the Trust is established. However, such agreement will still be subject to the forced heirship laws under the Indonesian Civil Code (including the heir’s mandatory portion protected under the law or known as legitieme portie) and must be supported by a testament, being the stipulation acknowledged under the law to waive the applicability of the inheritance provisions under the law (to the extent permitted). Without a testament, the inheritance disposition will be determined by the law regardless of such agreement. Considering that setting up a Trust in other countries will be more beneficial to those assets located outside Indonesia, the Indonesian Civil Code also acknowledges several institutions having characteristics similar to Trust which may be used as mechanism for managing the inheritance estate (excluding legitieme portie) so as to protect those portion of estate for future generations.
protection of assets or estate for future generations.
AKIBAT HUKUM TERHADAP PENOLAKAN EKSEKUSI PUTUSAN ARBITRASE (STUDI KASUS DANNY SIHANOUK DE MITA VS SALVAGE B.V.)
Arbitration is an alternative dispute resolution outside the court. arbitration generally has the nature of a final award. Arbitration is carried out by the disputing parties based on an arbitration agreement, so there has been an agreement regarding the dispute settlement route they will face. Even so, we are also often presented by several individuals who reject the arbitration award, which in essence is final. Therefore, in this journal the author wants to examine juridically the implications of rejecting the execution of an arbitration award. The author also wants to examine the legal consequences of refusing to execute the arbitration award. Therefore, in this article, the author will elaborate the implementations of an arbitration award that deviates from the legal provisions and conduct a more in-depth study, author tries to elaborate the legal consequences between them.
PELAKSANAAN PENERAPAN RAPID TEST DAN PCR DALAM PENERBANGAN: BERDASARKAN SURAT EDARAN GUGUS TUGAS PERCEPATAN PENANGANAN COVID 19 NOMOR 9 TAHUN 2020.
The government represented by the COVID-19 Response Acceleration Task Force began to loosen regulations for people who want to travel using aircraft by issuing the Circular Letter of COVID-19 Response Acceleration Task Force Number 9 of 2020. According to the Circular Letter, prospective passengers are required to attach a rapid test result or negative PCR test result which is valid for 14 days. Passengers have objections to this requirement because of the high cost and this requirement is deemed to be inaccurate in detecting Covid-19 virus, moreover circular letters released during the pandemic often contradict with each other or with higher regulations. The purpose of this research is to find out if rapid tests and PCR tests carried out by aviation service users are able to prevent the COVID-19 transmission in the aviation sector and if the Circular Letter of COVID-19 Response Acceleration Task Force Number 9 of 2020 can be applied for the general public. The aim of this research hopefully can be useful for the public, law enforcers and law practitioners. This research uses normative legal research, with statute approach. Based on the interview result with 50 passengers, it shows that some of them object to this requirement. However, a circular may be applied for the public as long as the implementation of regulations is required and is in accordance with the field, and the previous regulations have not regulated nor covered the general public.
PERLINDUNGAN HUKUM PERUSAHAAN ASURANSI SEBAGAI KREDITUR TERHADAP DEBITUR PERORANGAN YANG WANPRESTASI DENGAN JAMINAN HAK TANGGUNGAN MELALUI AKTA PEMBERIAN HAK TANGGUNGAN (APHT)
In this case the debtor commits a default making the insurance company as a creditor feel harmed. The rule of law is required in the implementation of the burden of Dependent Rights in order to protect creditors against debtors who default by using the Deed of Granting Of Dependent Rights (APHT). The formulation of the problem is how legal protection to the Insurance Company as a creditor when the individual debtor defaults with the guarantee of dependent rights through APHT in accordance with the provisions of Law No. 4 of 1996 on Dependent Rights (UUHT), and how the execution of Dependent Rights in accordance with the provisions of the UUHT and the interpretation of provisions in the UUHT with the Deed of Granting of Dependent Rights. The approach method is juridical normative, the research specification is descriptive analysis and data collection techniques using interviews and literature studies.The implementation of binding agreement with the guarantee of Dependent Rights in PT XXX is carried out in accordance with the agreement of both parties contained in the Deed of Borrowing, Power of Attorney To Impose Dependent Rights (SKMHT) and APHT before a Notary/PPAT. Settlement of Default by Using Dependent Rights in PT XXX is carried out using notification letter, warning letter and somasi letter. In UUHT that provide legal protection to creditors as holders of dependent rights when the debtor defaults, namely Article 1 number 1, Article 6, Article 14 paragraph (1), (2), (30), Article 20 paragraph (2), (3), Article 11 paragraph (2), and Article 7. In this research, the creditor has carried out the execution of the object of dependent rights in accordance with Article 20 UUHT is the creditor will conduct a public auction of the object of dependent rights as the repayment of his receivables...
REKONSTRUKSI IZIN PINJAM PAKAI KAWASAN HUTAN UNTUK KEGIATAN PERTAMBANGAN DI INDONESIA
The potential wealth of mineral and coal resources in Indonesia provides room for conflicts of interest. Alignment in the overall implementation of regulations should minimize conflicts of interest. In 1989-2019 there were 457 conflicts of interest between forestry and mining in Indonesia. This research is intended to provide information on violations due to borrowing and using forest areas for mining in Indonesia. This study uses a juridical normative method. The final results of this study conclude that there is a need for firm legal materials and laws for resolving mining and forestry conflicts in Indonesia by using a licensing system. So that in terms of conflict resolution between mining and forestry jurisdictions, it does not delegate too much technical regulatory authority in its resolution. This research further examines the impact of conflicts between mining law areas and forest areas in Indonesia.
PENYELESAIAN KREDIT MACET MELALUI FORUM NON LITIGASI PADA PROSES KEPEMILIKAN RUMAH DI PT BANK TABUNGAN NEGARA CABANG PEKANBARU
Houses are a primary need for some families, both those living in rural areas and in urban areas, which is a primary need. The fulfillment of these primary needs cannot be met by everyone to buy in cash. Therefore, a financial institution is needed to provide financial assistance in the form of credit distribution, especially in housing loans (KPR).This research examines two problems, namely the obstacles in solving bad credit at PT Bank Tabungan Negara Pekanbaru Branch and how to solve bad credit through non-litigation forums on the home ownership process carried out by PT BanK Tabungan Negara Pekanbaru Branch. This research uses observational research, which is a field research that is attempted to provide a descriptive description of the reality that occurs in society, where the author in conducting observational research uses qualitative methods. Broadly speaking, the factors that can hinder the occurrence of non-performing loans can be classified into internal and external factors, where the non-litigation settlement of bad loans at PT Bank Tabungan Negara Pekanbaru Branch takes several steps recommended by creditors, namely pre-negotiation, negotiation implementation. , post negotiation. From the research results, it can be concluded that the obstacles in settlement through non-litigation are incomplete documents / debtor credit data, and can take the form of difficulties in collecting debts because the debtor has a poor character. Bad faith from the debtor, lack of awareness of the debtor in completing his loan facility, timeliness because the debtor's improperly repaying his debt results in a protracted settlement, so that the burden borne by the debtor is getting bigger, non-litigation settlement is Rescheduling, Restructuring, and Reconditioning, the factor that causes PT Bank Tabungan Negara Pekanbaru Branch to choose to settle non-performing loans through non-litigation channels is time, the results achieved if through non-litigation channels the settlement of bad credit in home ownership loans (KPR) can get maximum results, good faith reason The non-litigation route was chosen, because there is still a willingness from the debtor to settle the credit.
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA YANG TIDAK DIBERI UPAH/GAJI DITINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (Studio PT. Bakrie Construction Sumuranja Banten)
The rapid development of the business world today has created many problems for companies to face. One of the problems faced by most companies is human resources as the executor of the company's production activities. Due to this legal relationship and to avoid arbitrariness, the government has formulated regulations governing interpersonal relationships in the world of work. PT Bakrie Construction is a subsidiary of Bakrie Metal Industries, a subsidiary of Bakrie and Brothers, focuses on the EPC business and its steel factory facilities are located in Sumuranja Bojonegara, PT. Bakrie Construction found a case of not paying salaries to its workers hence violating Indonesia’s labor law where economical work protection is required to be fulfilled by the companies to the labourers in exchange of their labour to the company. Labour laws are needed to help the labourers so they would not be discriminated against by any means like social, economical and technically by the companies that hire them.
TINDAK PIDANA PENIPUAN PADA TRANSAKSI E-COMMERCE DI MASA PANDEMI COVID-19
There are many businesses that divert their business using e-commerce media. E-commerce media is intended to be a digital platform that can directly connect between businesses and consumers without having to face-to-face. In the business world, the proliferation of e-commerce does lead to rapid economic growth. But the number of transactions through e-commerce also acts to close the possibility of criminal acts of online fraud and in this case the victims are consumers. This research uses juridical-normative methods, with a legal approach, conceptual approach, and case approach. Consumers who experience criminal acts of online fraud can take legal action as the first is to make a complaint to law enforcement, the complaint must attach evidence and can convince that he/she has been victimized. So that law enforcement can take the next step that will usually be searched for the identity of the business. The role of digital proofing greatly influences the results of investigations. Not all online crimes can be solved due to limited law enforcement capabilities. So that the accountability of business actors has been explained in Article 28 paragraph (1) jo. Article 45 paragraph (2) of the ITE Act.
EFEKTIVITAS PASAL 27 PERATURAN PEMERINTAH NOMOR 40 TAHUN 1996 TENTANG HAK GUNA USAHA, HAK GUNA BANGUNAN DAN HAK PAKAI ATAS TANAH DALAM PERSOALAN PERPANJANGAN MASA BERLAKU HAK GUNA BANGUNAN
Holders of land in the form of Building Rights Title may be owned by Indonesian Citizens and legal entities established under Indonesian law and domiciled in Indonesia. The Term of Use of Building Rights Title is granted for the first time for 30 years and may extend to a maximum of 20 years. The extension of the Building Rights set forth in Art 27 paragraph (1) of Government Regulation Number 40 Year 1996 on the Right of Exploitation, the Right of Building and the Right of Use of Land/PP 40/1996 may be filed by the rights holder no later than 2 years before the expiry of the Building Rights Period and in Art 41 of Regulation of State Minister for Agrarian Affairs/Head of the National Land Affairs Agency Number 9 Year 1999 on Procedure for Granting and Nullifying Right to State Land and Management Right may be filed within a period of 2 years prior to the expiry of the Building Rights period. According to lex superior derogate the inferiori principle the application for extension of Building Rights should be made in accordance with Art 27 paragraph (1) of PP 40/1996. Type of research is empirical legal research with data collection techniques by literature study and interviews to the Land Office in Central Jakarta. The conclusion of this paper is that holders of Building Rights whenever can extend their rights and no consequences made to whom filed extensions over the time limit in Art 27 paragraph (1) PP 40/1996.
PELAKSANAAN EKSEKUSI PUTUSAN ARBITRASE SIAC DI INDONESIA TERKAIT SENGKETA PENGGUNAAN BAHASA DALAM KONTRAK
In the process of organizing an international business contract, the parties involved have the freedom to discuss the essence of said contract, which will then be agreed together. English, as the language known as lingua franca, is often used in conducting an international business contract. Not only language used in the contract, choice of law and choice of forum are also important elements to be included in an international business contract as an anticipative move to face the conflicts that might or might not happen in the future. Arbitration is business people’s popular choice nowadays as the forum to settle their conflicts, because it is thought to be more effective and efficient compared to the conventional solution (litigation). The parties who already agreed to the arbitration clause included in the contract should then follow the procedures. Nonetheless, reality—more often than not—doesn’t fulfill the expectation, just like what happened in the case between Blutether Limited v. PT. MNC Skyvision Tbk. How could such a thing happen? Writer did an extensive research on this case using the normative law research method. Results show that rules regarding the usage of foreign language along with the absence of good faith and fairness in conducting the international business contract played a vital role in the failure of achieving justice in that case. Some changes need to be made regarding those points to support international business contracts with foreign parties.
SEBUAH STUDI MENGENAI IMPLEMENTASI PERJANJIAN KERJA YANG MENYIMPANG DARI PERUNDANG-UNDANGAN DIKAITKAN DENGAN MORALITAS
The use of fixed-time employment agreements is commonplace in Indonesia. However, some companies use term employment agreements to make a profit. Many companies do not realize that taking profits by monopolizing workers on fixed-time employment agreements is a violation of the rights of workers who work in the company. The extension of the fixed-time work agreement must be in accordance with the applicable laws and regulations, particularly Law Number 13 of 2003 concerning Manpower. However, as mentioned by the author, many companies applying for work contract extensions still deviate from the law. The author uses the juridical normative research method, namely in the activities of describing legal norms, formulating legal norms, and implementing legal norms, they provide research on understanding the normative problems faced by normative law. Therefore, in this article, the author will analyze the implementations of the work agreement that deviates from the legal provisions and conduct a more in-depth study, if this happens, the company and workers will get the legal consequences. In this journal, the author tries to elaborate the relationship between the invalid fixed-term employee agreement and morality.
PERBANDINGAN KONSEP AKAD WAKALAH BIL UJRAH DAN AKAD QARD TERHADAP PERMASALAHAN AKAD PEMBELIAN BARANG DALAM KEHIDUPAN SEHARI-HARI
The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of each contract is to avoid haram income. This research is a normative juridical research with explanatory and prescriptive research types. The results of the study concluded that by using the wakalah bil ujrah contract in the safekeeping of the purchase of goods whose payment was not deferred to the representative, the representative can ask for a fee / ujrah from the muwakkil, as at the beginning of the agreement, and for the qard contract, where the representative is entrusted to buy the goods with a deferred payment to him, it is haraam to gain value added.