bluuebunny/crossref_metadata_2025 huggingface dataset:
Eksistensi Pengurus Terkait Dengan Proses Pemberesan Kekayaan Yayasan Oleh Likuidator Dalam Mewujudkan Kepastian Hukum
Authors: Sumandag Fensky Readel , Yuhelson Yuhelson , Nainggolan Bernard
Published: November 2022

This study investigates the existence of a court-appointed board that serves as a liquidator. When the liquidator conducts the process of settling assets, problems occur if the Foundation's management is unwilling to work with the liquidator. The approach employed in this study is normative legal research, which is conducted in an effort to acquire the pertinent information regarding the issue. The qualitative juridical analysis method is utilized for data analysis. On the basis of Article 63 of the Foundation Law, the results of the study were obtained on the existence of the Management in the process of settling the assets of the Foundation by the liquidator. If the Foundation is dissolved because its time period and objectives have been met or not met, the Trustees appoint a liquidator; if the Trustees do not appoint a liquidator, the management acts as a liquidator; and if the Foundation is dissolved because of a court order, the court also appoints a liquidator. The court-appointed liquidator is authorized to dispose of the Foundation's assets. The nomination of the Management as Liquidator is inappropriate due to the fact that the liquidator is essentially a former member of the Foundation's management, which might cause conflict and impede the process of settling the Foundation's assets.
TANGGUNG JAWAB HUKUM PENERBIT UANG ELEKTRONIK TERHADAP KERUGIAN NASABAH PENGGUNA UANG ELEKTRONIK DI BANK MANDIRI
Authors: Wahri Salsabila Sekar , Safitri Ria , Alam Faris Satria
Published: November 2022

This study seeks to explain the topic of the legal liability of e-money card issuers for losses incurred by their clients. Due to imprecise compensation procedures for the issuer, the issuer's legal responsibility is legally deficient, which frequently produces legal doubt for the protection of customers. It renders the e-money issuer legally immune from liability. In particular, this research attempts to create legal comparisons to demonstrate that the compensation and liability mechanism is not exhaustive, using UU No. 8, 1999 on Consumer Protection as an example. This research also discusses compensation for losses incurred by Bank Mandiri customers as a result of the incomplete compensation process outlined in Bank Indonesia Regulation Number 20/6 / PBI / 2018. This study is a legal normative study using a statutory approach (statute approach) and a case study approach (case approach). This research uses literary studies as its method of data collection. Through his or her review of the relevant literature, the researcher gathered and examined several documents using content analysis. The findings of this study demonstrate that the issuer of electronic money cannot be held liable for losses caused by client error. This compensation mechanism can only be used if the error was committed by the electronic money issuer and was determined to be incompatible with the Consumer Protection Law, which prioritizes consumer rights.
Dampak Over Kapasitas Di Lembaga Pemasyarakatan Kelas I Cipinang Bagi Narapidana
Authors: Bimantoro Utomo , Irfan Muhammad Nurul , Rambe Mara Sutan
Published: November 2022

The overcapacity of convicts resulted in the adoption of negative living procedures at Cipinang Class I Prison, which has the ability to impede the reintegration efforts of inmates, who are feared to be able to thwart the prison's original purpose. This thesis seeks to understand the preventive and resolution efforts against the repetition of crimes in Cipinang Class I Prison as a result of the prison's overcrowding by determining in advance the impact of the prison's overcrowding on inmates' rights. This study employs a type of empirical juridical research by conducting field interviews with the Class I Cipinang Prison, followed by studies on literary materials by reading, examining, and analyzing literature to generate studies linked to the theme of this thesis. The results indicated that the overpopulation of Cipinang Class I Prison led to a lack of supervision of detainees, which disrupted the rights of inmates. In prisons when the number of inmates exceeds the capacity, the function and purpose of prisons are impeded, and jails may become criminal academies. To prevent this from occurring, Cipinang Class I Prison conducts preventative measures consisting of unannounced searches of inmate dormitories and interactions with convicts. In addition, as a kind of countermeasures, Cipinang Class I Prison administers sanctions based on the category broken by convicts.
Penyalahgunaan Posisi Dominan Market Leader Dalam Konteks Hukum Persaingan Usaha Di Indonesia
Authors: Ichsan Ammar , Nurhasanah Nurhasanah , Rahmatullah Indra
Published: November 2022

This research is motivated by the government's efforts to enforce business competition law by issuing Law Number 5 of 1999 concerning in Prohibition of Monopolistic Practices and Unfair Business Competition. he existence of Law Number 5 of 1999 on the existing facts still raises several legal problems one of them is the extraterritorial framework. This research uses a normative -juridical approach where this research puts law as a norm building system. The norm system used in this research is based on the law regulation by Law Number 5 of 1999 and the Business Competition Supervisory Commission (KPPU) case. The conclusion of this research indicates the description of the implementation of business competition law by the Business Competition Supervisory Commission (KPPU) based on the law regulation by Law Number 5 of 1999.
Penyelesaian Sengketa Pengadaan Tanah Pada Pembangunan New Yogyakarta International Airport Berdasarkan Undang-Undang tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum
Authors: Wardani Millati Hanifah , Maggalatung Andi Salman
Published: November 2022

Resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out provisions for land acquisition for development in the public interest and implementation of Law Number 2 of 2012 concerning Land Procurement in the construction of New Yogyakarta International Airport. The process of land acquisition for development in the public interest is carried out in the stages of planning, preparation, implementation, and submission of results. The implementation of land acquisition is intended as an instrument for infrastructure development programs for community welfare as mandated by Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest.
The Practice of Buying and Selling Online Using the Cash On Delivery Method on the Shopee Application in the Perspective of Islamic Law: A Case Study of Students of the Az-Zaytun Islamic Institute of Indonesia
Authors: Khoiriyah Intan , Maulana Rizal
Published: November 2022

The mechanism of buying and selling carried out online has advantages for Shopee application users who do not have an e-wallet and can minimize the occurrence of fraud. However, Cash on Delivery payment transactions on the Shopee application lately often cause problems made by buyers because buyers are not responsible for making payments that result in cancellations in their transactions. The factors behind the cancellation of the contract in the Cash on Delivery transaction on the Shopee application are that the goods do not match the product description, the buyer does not have money to pay, the goods are damaged when received, the buyer cannot be contacted, and the buyer changes his mind to buy. The practice of buying and selling using the Cash on Delivery method on the Shopee application is in accordance with Islamic law. Where buying and selling in Islam is given the freedom to choose to cancel the trade contract or continue the trade contract.
Medical and Sports Equipment Online Business Practice in the Perspective of Positive Law and Islamic Law: Case Study at Desmira Medika Store, South Jakarta
Authors: Ashiri Yahya A , Iswandi Irvan
Published: November 2022

The purpose of this thesis was to find out the perspective of positive law and Islamic law on the online business practice of medical and sports equipment stores carried out by Desmira Medika Stores. The research method used by the researcher was a qualitative approach and the type of research was a case study (case upproach). The data collection techniques used in this study were observations, interviews, and case study documentation on the implementation of the business that occurred. Meanwhile, the data analysis technique was carried out through interviews, then verification, and drawing conclusions obtained.Based on the research that has been conducted by the writer, the following results are obtained: When associated with positive law, the online business is a legally valid transaction according to Article 1338 paragraph (1) of the Civil Code concerning the Principle of Freedom of Contract. According to Islamic law, online business is also a legitimate transaction because nothing contradicts or violates the pillars and conditions of the legality of buying and selling.
Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Who Rules the World by Noam Chomsky
Authors: Yunus Nur Rohim
Published: November 2022

In Who Rules the World?, Chomsky’s target audience and methods differ somewhat from traditional academic treatments of US foreign policy. His analyses are concise but brief vignettes on a relatively broad range of issues relating to American power, including the Israel-Palestine conflict, the threat of nuclear war and relations with Iran. Nonetheless, a handful of common themes thread the essays together, providing answers to the question posed by the title of the book.Perhaps the most provocative theme is Chomsky’s view on the motives behind the exertion of state power at home and abroad. It is often argued that the behaviour of democratic state actors is strongly informed—if not determined—by security considerations; in other words, states’ first priority is to guarantee the protection of the nation and its citizens from external or domestic threats. This, it is assumed, gives state behaviour an aspect of democratic accountability, since citizens have the ability to withdraw their consent for being ruled by a government that cannot make those guarantees. But Chomsky notes that this is unlikely to be the primary motive behind state behaviour, not least because in the American context as well as elsewhere it has been so unsuccessful. For example, since the beginning of the global “war on terror” there has been a sharp increase in the number of terrorist attacks in both the West and the Middle East, thereby making the world a less safe and secure place than it was before. If the United States’ priority was to eradicate terrorism, Chomsky’s argues, there are considerably more effective and rational ways of doing so than the strategies adopted in the wake of 9/11.
Perlindungan Hukum Terhadap Barang atau Merek KW Di Indonesia
Authors: Taufik Luthfi Al Qarani Muhammad , Mustafa Marni Emmy , Farhana Farhana
Published: November 2022

The period of global trade, in accordance with Indonesia's ratification of international accords. As the role of the brand becomes increasingly significant, particularly in ensuring healthy business rivalry, adequate brand regulation is required to deliver community services. Trademark is a subset of Intellectual Property Rights, in which the brand provides a specific amount of value to the circulation of goods. In tandem with a rise in market demand, the development of the circulation of items with in-demand brands will increase, as will the requirements and lifestyles of the community. Frequently, business actors infringe the mark in order to meet the price and quality requirements of the community with counterfeit or KW goods. So that the establishment of unhealthy companies conducted by unlicensed business actors of counterfeit goods. The existence of infractions in the society necessitates legal protection for brand owners. The author employs a qualitative research approach and normative research in this study. Legal protection against counterfeit goods or KW and consumer protection has been regulated in Indonesian laws and regulations, according to the study's findings.
Kepastian Hukum Akta Jual Beli Hak Atas Tanah Bersertifikat Atas Hutang Piutang Yang Didasarkan Kuasa Mutlak
Authors: Oktavina Erny , Sinaulan Ramlani Lina , Karya I Wayan
Published: November 2022

The sale and buy agreement is a consensual agreement, meaning that the existence of an agreement between the parties is sufficient to constitute the contract. However, the land sale and purchase agreement stipulated by Law No. 5 of 1960 on Agrarian Principles is a valid contract because it is founded on customary law, which is cash, real, and unambiguous. The agreement between the seller and buyer of land rights, although the sale and purchase cannot be performed before the PPAT, must be stated in a contract, which in general, such legal activities are carried out in the presence of a notary. This research employs a normative legal methodology that is supplemented by interviews. According to the findings of the study, the position of absolute power serves as the basis for the sale and purchase of recognized land rights. Absolute power as the basis for the deed of sale and purchase of land rights can be exercised so long as it is an integral component of the sales agreement. Absolute authority results from the emergence of wants based on the principle of contract freedom, whose restrictions are outlined in Articles 1320 and 1338 of the Civil Code.
Kepastian Hukum Terhadap Akta Hak Tanggungan Atas Harta Bersama Yang Belum Dibagi Paska Perceraian Tanpa Persetujuan Mantan Suami/Istri
Authors: Karundeng Janthy Prisilya , Nasseri Jelly , Marniati Felicitas Sri
Published: November 2022

In the banking industry, it is a well-known fact that there are frequently issues with joint assets that have not been divided after a divorce and that are used as collateral for mortgage rights. The case of court decision number 177/Pdt. G/2019/PN Bks is illustrative. In this study, the problem to be addressed is the legal consequences of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent wife's and the legal certainty of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent, wife's using Soeroso's theory of legal consequences and Jan Michelle Otto's Legal Certainty theory. In this work, the author employs a normative legal methodology supported by an empirical methodology. The results of the study indicate that the legal consequences of the mortgage deed on joint assets that have not been divided after the divorce without the consent of the ex-husband or ex-wife can result in the mortgage being made and a cancellation lawsuit being filed because it violates the ex-rights. spouse's Based on Jan Michel Otto's legal certainty theory, a mortgage deed formed on joint assets that have not been divided after divorce without the approval of the ex-husband/wife has no legal certainty value because the mortgage is made without the consent of the ex-husband/wife.
Kepastian Hukum Atas Pemecahan Sertifikat Induk Tanah Terkait Developer Perumahan Yang Dinyatakan Pailit
Authors: Fernedy Fernedy , Yuhelson Yuhelson , Tondy Cicilia Julyani
Published: November 2022

Real estate and housing remain persistent issues for many neighborhoods. There are still issues with the application of law in the realm of land ownership, and these issues frequently lead to disputes and conflicts. This study is a form of normative, doctrinal, or dogmatic legal inquiry. The study found that the buyer/consumer who has paid in full and made a deed of sale and purchase at the PPAT needs to look at the legal repercussions of the developer's failure to solve the certificate from two different angles: the developer's and the court's. While waiting for the certificate split process carried out by the curator as the responsible developer for the developer who has been declared bankrupt, and for consumers who have not yet completed payment on the house purchased from the developer, and only have PPJB, buyers can apply for a name transfer process at the land office. The consumer or buyer of the house whose solution has not been taken care of by the developer who is declared bankrupt can apply as a concurrent creditor so that the curator takes care of it and receives full compensation from the developer as represented by the curator or continues to manage the house. the homebuyer's or consumer's best interests. Since the house has not yet been completely paid off, the consumer/buyer of the house must also fulfill their commitments to pay off the remaining mortgage installments. Additional unfulfilled commitments include finishing the down payment on the developer-purchased home.
Effectiveness of Murabaha Financing Dispute Settlement Through Mediation at Indonesian Islamic Banks
Authors: Safilah Dea , Syafii Moch. , Syahril Syahril
Published: November 2022

This study assesses the effectiveness of mediation in murabahah funding dispute resolution at Bank Syariah Indonesia KC Asia Afrika Bandung City. This study aims to discover and comprehend how Indonesian Islamic Banks manage contentious disputes, with an emphasis on murabahah financing, as well as the effectiveness of murabahah financing dispute resolution through mediation at Indonesian Islamic Banks. The employed research method is qualitative research with a qualitative descriptive approach that depicts a scenario in the agency and community through observation, interviews, and recording. The primary source of data for this study is the results of interviews with the Bank and its customers. While secondary sources are collected from library sources such as books, journals, and other relevant library materials to the topic of research. According to the findings of the study, Bank Syariah Indonesia's strategies for resolving non-performing financing for clients with murabahah financing disputes are simple and clear. The effectiveness of the resolution of murabahah funds through mediation is believed to be effective because it may be measured by the Bank's success in carrying out its mediation-related tasks. A proportion between 80% and 90% would be adequate for the effectiveness of murabahah financial dispute resolution.
Perlindungan Hukum Terhadap Pembeli Atas Peralihan Saham Yang Tidak Mendapatkan Persetujuan Dari Menteri Energi Dan Sumber Daya Mineral Republik Indonesia
Authors: Marbun Elida , Sinaulan Ramlani Lina , Martanti Yurisa
Published: November 2022

Article 64 paragraph (1) of the Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 7 of 2020 states that if the holder of an IUP or IUPK wishes to make changes to its shares, it must first obtain the approval of the Minister or the Governor in accordance with their authority before registering with the Indonesian ministry in charge of government administration. the practice of law In actuality, however, the buyer has paid the seller in full for the shares under the Sale and Purchase of Shares Agreement, and it turns out that the seller cannot obtain approval from the Minister of Energy and Mineral Resources of the Republic of Indonesia. This is a normative legal study employing a statute, case, conceptual, and analytic method. According to the results of the study, the transfer of shares that does not receive approval from the Minister of Energy and Mineral Resources of the Republic of Indonesia cannot be continued with the signing of the transfer of rights to shares because the objective requirements cannot be met. This is due to the fact that shareholders of a limited liability company holding an IUP are required to get prior approval from the Minister of Energy and Mineral Resources of the Republic of Indonesia. In order for the disapproval of the change in shares to render the Sale and Purchase of Shares invalid.
Ketentuan Hukum Positif Indonesia Dalam Mengatur Perkawinan Beda Agama dan Akibat Hukumnya
Authors: Megawati Megawati
Published: November 2022

Compilation of Islamic Law discussion of interfaith marriage is regulated in the chapter on marriage prohibition which is described in articles 40 to 44. This study aims to determine the provisions of positive Indonesian law in regulating interfaith marriages. In addition to knowing the law of interfaith marriage according to positive Indonesian law. This study uses a qualitative research method with a statutory approach. The results of the study stated that there were negative consequences of interfaith marriages, both from the psychological and juridical aspects. The psychological aspect is indicated by the waning and not achieving the goals of domestic life. This interfaith marriage slowly destroys the happiness in the household. In addition to fighting over the influence of children to follow the teachings of their respective religions which causes children to be mentally disturbed.
Kewenangan Hakim Untuk Menetapkan Penangguhan Penahanan Sementara Terhadap Terdakwa Dalam Pemeriksaan Perkara Pidana Berdasarkan Kuhap
Authors: Putra Muclas Ade
Published: November 2022

In order for the judge to be able to investigate the defendant's case, the judge has the authority to detain the defendant. In addition, the judge is in the best position to determine whether or not the defendant should have his or her detention suspended before the case is decided by the court. This authority comes from the judge's intimate familiarity with the case. The suspension of the detention of the suspect or defendant from his or her family, the existence of guarantees against the suspect or defendant in the form of money or people in the suspension of detention, and the judge's belief that, according to Article 21 paragraph (1) of the Criminal Procedure Code, the suspect or defendant will not flee, will not damage evidence, and will not commit the crime again are all factors that can lead to a judge granting a suspension of detention.
Analysis of the Practice of Istishna Contracts in Online Buying and Selling Based on Islamic Law
Authors: Balqis Hana Fauziah , Iswandi Irvan , Syafii Moch.
Published: November 2022

This study analyzes the practice of istishna' contract in online buying and selling based on Islamic law. The purpose of this study is to find out and understand the practice of Istishna' contract in buying and selling online at the Headway Leather store and analysis of the practice of Istishna' contract in buying and selling online at the Headway Leather store based on Islamic law. The research method uses a qualitative approach with in-depth interviews with sellers and buyers at the Headway Leather store, totaling 5 informants. The results of the study stated that the Headway Leather online store markets the goods it sells online using Instagram social media, consumers order goods to sellers via DM Instagram and Whatsapp, sellers and buyers make transactions and submit specifications of goods from buyers to sellers. Then the seller asks the manufacturer to make the goods, and the manufacturer makes the goods according to specifications. When the goods are finished, the goods are delivered to the buyer. The practice of istishna' contract in online buying and selling applied at the Headway Leather online store is in accordance with the provisions of the istishna' contract according to the perspective of Islamic law.
Pemutusan Hubungan Kerja Lokal Dipekerjakan Oleh Perwakilan Negara Asing Di Indonesia
Authors: Fachri Ferinda Khairunissa , Fitria Fitria , Habibaty Diana Mutia
Published: November 2022

This thesis focuses on employment termination conflicts between Indonesians and FCRs. Foreign Country Representatives argued that the Indonesia Industrial Relations Court lacks the authority to decide a quo issue since it has diplomatic and state immunity. This study uses normative legal approach and international and domestic law as sources. The 1961 Vienna Convention and the 1963 Vienna Convention, the International Labor Organization's Termination of Employment Convention 1982, and the United Nations Convention on Jurisdictional Immunities of States and Their Property 2005 are the primary sources of international law, while Indonesia's national laws are the Code of Civil Law, Act Number 2 of 2004 on Settlement of Industrial Relations (PPHI), Act Number 11 of 2020 on Job Creation, and a few others. The research also reviews three court decisions on Foreign Country Representatives' termination of employment with Indonesians and compares them to the aforementioned laws. This study found that terminated local employees can sue in Industrial Relations Court. Due to the defendants being foreign state representatives, the case must also comply with the employees' and Foreign Country representations' agreement (e.g. Embassy, Consulate). The Agreement between the two nations controls the Industrial Relations Court's authority in disputes involving Indonesian (local) workers and foreign country representations in Indonesia, as well as court judgements.
Pembatalan Kewenangan Dewan Pengawas Komisi Pemberantasan Korupsi Dalam Hal Pemberian Izin Penyadapan, Penggeledahan Dan Penyitaan Pada Putusan Mahkamah Konstitusi Nomor 70/ PUU-XVII/2019 Dalam Perspektif Efektifitas Hukum
Authors: Aldianto Sony , Burhanudin Burhanudin , Elda Tresia
Published: November 2022

The main problem in this study is that, the position of the Supervisory Board of the Corruption Eradication Commission after the authority in granting wiretapping, search and seizure permits was canceled by the Constitutional Court in the perspective of the effectiveness of the law and the criminal justice system. This study aims to make everyone understand the position and urgency of the KPK Supervisory Board after the Constitutional Court Decision Number 70/PUU-XVII/2019 in the concept of legal effectiveness and the criminal justice system in Indonesia. The results of this study indicate that regarding the judge's considerations, that the Supervisory Board of the Corruption Eradication commission in granting wiretapping, search and confiscation permits is a real form of overlapping authority of pro justitia.  The KPK Supervisory Board is not a law enforcement officer, so it is not in accordance with the effectiveness of the law in terms of law enforcement factors, community factors and legal factors, therefore is not included in the components of the criminal justice system and violates the concept of the criminal justice system.
The Role of the Sharia Supervisory Board in Protecting Member Rights on Murabahah Financing Products
Authors: Regita Via , Iswandi Irvan
Published: November 2022

The Sharia Supervisory Board's primary responsibility is to monitor and ensure that all business operations at BMT BEST are conducted in accordance with sharia principles as outlined by the National Sharia Council. Qualitative, descriptive methods were employed for this study. The study's findings led to the conclusion that BMT BEST's Sharia Supervisory Board serves primarily as a meeting venue for outside consultants who advise on matters pertaining to the regulation of financial institutions. Policy guidance for BMT BEST's initiatives was contributed by DPS. Because it is simpler to put into reality than other products with similar characteristics, murabaha finance has seen a surge in popularity in recent years. This money can be used for any number of things, including making purchases, investments, etc. To fulfill its duty to safeguard its members against usury transactions on murabahah financing products, BMT works to verify that contracts for murabahah financing implemented at BMT BEST adhere to sharia regulations. To prevent usury transactions, sharia-compliant contracts for murabahah finance are implemented.
Pawn Paddy Practices According to Islamic Law and Positive Law
Authors: Muhtarom Muhtarom , Iswandi Irvan , Aminulloh Ali
Published: November 2022

This study examines Pawn Paddy Practices according to Islamic Law and Positive Law. The purpose of this study was to determine the practice of pawning rice fields in Sukajaya Village, Jonggol District, Bogor Regency, to analyze the practice of pawning rice fields by the people of Sukajaya Village, according to Islamic Law, to analyze the practice of pawning rice fields by the community of Sukajaya Village, Jonggol District, Bogor Regency according to positive law. This research method uses a qualitative approach with the type of case study research with structured and in-depth interviews with the residents of Sukajaya Village, Jonggol District, Bogor Regency, totaling 12 residents of Sukajaya Village. The results of this study indicate that the practice of pawning rice fields in Sukajaya Village, Jonggol sub-district has been going on for a long time. In the implementation of pawning, it is carried out on the basis of mutual trust, where the recipient of the pawn works on the pawned fields of the pawner. There are pawnees who manage themselves and some are managed by third parties, with an unspecified time limit. The practice of pawning rice fields in Sukajaya Village is not yet in accordance with Islamic law, where the murtahin manages the pawned fields. This contains usury and muzaroah, namely agricultural product sharing, so there is one contract of two transactions.
The Practice of Financial Data Collection in the “Talitihan/Gantangan” Tradition in Wedding Receptions in Gantar District According to Islamic Law
Authors: Kurnia Fajar , Prawoto Imam , Maulana Rizal
Published: November 2022

This article presents the findings of a study on the financial data gathering practiced by the gantangan people in rural Gantar District when hosting wedding festivities. This research was conducted utilizing a qualitative research method with a descriptive phenomenological approach that use life experience as a tool to better understand socio-culture by gathering data through observations, interviews, and recording, which is then evaluated to reach conclusions. The financial data collection mechanism has both advantages and disadvantages. An advantage is our willingness to help our fellow humans, while the disadvantages are what cause some individuals to complain about this talitihan/gantangan tradition, i.e. when the individual in question is not present but must still pay. The findings of the study indicate that people of Babakan Plasah Village, Gantar District, collect financial data on the talitihan/gantangan tradition as part of the celebrations' execution. No particular record exists for this record. The use of this custom is consistent with Islamic law, as the underlying principle promotes a spirit of assistance in conformity with Islamic principles.
Upaya G20 Dalam Mendorong Pemulihan Ekonomi Kawasan Southern Hemisphere Pasca Pandemi Covid-19
Authors: Nurjannah Siti , Noveri Aurelia Putri , Khalifah Nanda Putri , Susilowati Ida
Published: November 2022

Coronavirus Disease 2019 (COVID-19) has become a terrible pandemic and has an impact on the global economic crisis, including the southern hemisphere. Solidarity, collaboration and cooperation among southern countries are demands in fighting the economic crisis due to the Covid-19, one of which is through the G-20. This is shown by the G20 in the theme carried out in 2022, namely “Recover together, recover stronger” through strengthening global solidarity. This study aims to analyze the efforts of the G20 in encouraging the economic recovery of the southern hemisphere countries, during the Covid-19 pandemic. Descriptive-qualitative research method is used in analyzing the issue, accompanied by data collection techniques through literature study. The results of this study indicate that the G20 has attempted several ways to encourage post-pandemic economic recovery in the southern hemisphere, through: International Financial Architecture, Financial Sector Reform, Sustainable Finance. Infrastrukture, and International Taxation
Tinjauan Yuridis Terhadap Pemberian Kredit Tanpa Agunan Untuk Modal Usaha Dengan Prudential Principle dan The Five C of Credit Analysis
Authors: Rahmawati Wiwit , Sinaulan Ramlani Lina , Saputera Januar Agung
Published: November 2022

When extending credit to consumers, banks and financial institutions will always take precautions to protect themselves if the credit recipient (debtor) defaults or is unable to repay the credit. If the credit is followed by the binding of collateral, this prevention occurs. If the debtor defaults, the guarantee will serve as a replacement for credit payments made by banks and other financial institutions. In accordance with Article 2 letter b of Law No. 10 of 1998 pertaining to Banking, a violation of the precautionary principle in the provision of credit by banks carries legal repercussions, including the imposition of criminal punishment or fines. This study employs a qualitative descriptive methodology. According to the findings of this study, the granting of credit by banks needs cautious action on the part of the bank. The risk associated with extending credit is so large that it is necessary to evaluate whether the prospective debtor is deserving of credit. In banking practice, both persons and legal entities can apply for credit. Each candidate must satisfy the bank's predetermined criteria.
Efektivitas Protokol Kyoto Dalam Mereduksi Emisi Gas Rumah Kaca Di Indonesia
Authors: Susilowati Ida , Ahmad S.Thoriq Musthofa , Faturrahman Thoriq , Hidayat Regga Fajar
Published: November 2022

Global warming has become a global issue related to the environment, because of its impact on all countries today. The Kyoto Protocol is an international agreement that focuses on the environment, as an effort to reduce greenhouse gas emissions that have an impact on global warming. This study aims to analyze the effectiveness of the Kyoto Protocol as an effort to reduce greenhouse gas emissions in Indonesia. This research is a type of qualitative research with a case study method about the efforts to reduce greenhouse gas emissions in Indonesia through the Kyoto Protocol. The results of this study indicate that the Kyoto Protocol is considered ineffective in reducing greenhouse gas emissions in Indonesia, even though Indonesia has implemented it through technology transfer and coordination in the application of biofuels to reduce carbon emissions. This is indicated by the level of damage or loss of Indonesia’s forests to 2.8 million ha/year after the implementation of the Kyoto Protocol in 2006-2007. As an international treaty, the Kyoto Protocol does not have a compulsive enforcement mechanism. So that the implementation of the Kyoto Protocol as an international agreement will not be effective, f it is not accompanied by consistency and consequences for all member countries in its implementation.
The Practice of Buying and Selling Used Clothing Imports on Perspective of Islamic Law and Positive Law: A Case Study of the Bang Jack Haurgeulis Store
Authors: Fitri Cholisa , Iswandi Irvan
Published: November 2022

During the development of the times, buying and selling is not merely undertaken between regions, but can also be undertaken between countries. This has become a separate business area for some middle to lower classes of society who want to open a business but with a capital that is not too large, namely by building stores with various types of imported used clothes. This study aims to find out how the practice between sellers and buyers of imported used clothing at Bang Jack store. This store is located on Jalan Raya Sumurwedi-Sumbermulya, Haurgeulis Sub District. The practice will be reviewed from the perspective of Islamic law using descriptive qualitative methods. Dealing with the results of research and discussion conducted by the researcher, it can be concluded that the practice of buying and selling at Bang Jack Haurgeuli’s store is based on the pillars and conditions that were in accordance with Islamic law. Then, based on the positive law, the sale and purchase of imported used clothing have violated state regulations as regulated in the Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015 and Law Number 7 of 2014 due to it is detrimental to customs duties on the state.
Kepastian Hukum Prosedur Penggantian Kerugian Pemegang Hak Atas Tanah Yang Terdampak Proyek Jalan Tol
Authors: Andriyanto Roni , Rivandi W Dhody Ananta , Ismail Ismail
Published: November 2022

Affected by a Toll Road Project. This study employs the Legal Certainty Theory of Jan Michiel Otto and the Development Law Theory of Mochtar Kusumaatmadja as its legal theories. This research employs a normative-juridical methodology in an endeavor to collect pertinent information regarding the issue at hand. The philosophical approach and the case approach are utilized in the study process. According to the findings of the study, proper and equitable compensation was provided to the rightful parties in the land acquisition process. The Compensation Procedure consists of the phases of planning, preparation, implementation, and results in submission. In the supply of compensation, every effort should be made to achieve an agreement so that those entitled receive the compensation immediately.
Scientific Evidence of a Clash between Das Sollen and Das Sein in the book The Clash of Civilizations and the Remaking of World Order by Samuel P Huntington
Authors: Yunus Nur Rohim
Published: November 2022

Conflicts between nations that adhere to distinct worldviews will continue to shape the course of world politics in the foreseeable future. Culture, not politics or economics, will drive future wars on a global scale; these two factors are becoming increasingly irrelevant. This battle, in turn, will be the most significant symptom that replaces the polarization of world ideology into communist and capitalism, together with the collapse of the governmental system in the vast majority of Eastern European countries. The following are some of the factors that, according to Huntington, would cause conflicts between different civilizations in the future of world politics: 1). Differences in culture, tradition, and ethnicity, as well as differences in people's perspectives on how humans should relate to God, are all part of what distinguishes one civilization from another. These philosophical differences are at the root of the fact that people of different civilizations have different perspectives on how humans should relate to God. 2). In the sense that the interaction between various peoples and civilizations is continuing to rise, we might say that the world is continuing to become a smaller place. When people connect with one another on a deeper level, their knowledge of their own civilization grows, and they become more attuned to the distinctions that exist between their culture and those of other civilizations. 3). People all across the world have been uprooted from their deep-seated roots of local identity as a consequence of the process of economic modernization and social development. This has occurred as a result of globalization. 4). The Western world has played a dual role, which has contributed to the development of civilization consciousness. This may be understood as a stronger sense of love for a belief in the identity of civilization that has been going on for a long time.
Analisis Pelaksanaan Peraturan Daerah Berbasis Syariah Provinsi Aceh dalam Perspektif Hak Asasi Manusia
Authors: Listianingsih Dessy Marliani
Published: November 2022

AbstractThe issuance of Law No. 18/2001 gave the authority for the Aceh Regional Government to exercise special autonomy. The presence of this law also confirms the authority of the Aceh Regional Government to make regional regulations, establish policies, conduct supervision, and foster the administration of governance in Aceh based on Islamic law. However, the administration of government in Aceh as a special autonomy from special regions does not always work well. One that still reaps the pros and cons is the issue of sharia-based regional regulations made and enforced in Aceh. The various regional regulations that have sprung up in Aceh are seen as not paying enough attention to aspects of human rights. Some of them include regional regulations on prohibition of piggybacking between men and women, restrictions on curfew hours, separation of public space between men and women. The latest is the emergence of a circular in the form of an appeal about the standardization of coffee shops, cafes, and restaurants that must be in accordance with Islamic law. This study uses a descriptive qualitative analysis method with a literature review approach. The results of the study stated that the application of regional regulations in Aceh is still a polemic and is reaping the pros and cons in the community.Keywords: Sharia, Local Regulations, Human Rights, Aceh, Discrimination
Kedudukan Hak Konstitusional Warga Negara Terkait Gagasan Calon Perseorangan/Independen Di Dalam Pemilihan Umum Presiden dan Wakil Presiden
Authors: Fariza Siti
Published: November 2022

AbstractGeneral elections are held with the aim of electing people's representatives, as well as to form a government that is democratic, strong, and obtains popular support. Besides aiming to realize national goals as the 1945 Constitution. In general elections there are candidates who are not proposed by political parties or a combination of political parties called individual candidates or independent candidates. This research uses normative juridical and library research by evaluating the laws and regulations, books, journals, and related internet sources. The results of the study showed that there were still no legitimate or independent candidates being approved, thus indicating the blockage of citizens' constitutional rights to be elected in a general election.Keywords: General Election, Presidential and Vice-Presidential Candidates, Individual or Independent Candidates
Perlindungan Hukum Terhadap Perempuan Korban Kekerasan Dalam Rumah Tangga di Kota Tangerang Selatan
Authors: Amanda Sylvia , Simatupang Dian Puji
Published: November 2022

AbstractViolence against women is an act that is contrary to human rights. That is why the act of violence against women is one of the acts that violates human rights, so we need a national legal instrument regarding the elimination of violence against women in Indonesia. The purpose of this research is to find out what are the factors of women becoming victims of domestic violence, and to find out legal protection efforts for women victims of domestic violence. The analysis used in this research is descriptive which uses qualitative research types with the aim of revealing facts, circumstances, phenomena and circumstances when researching. The results of this study indicate factors that cause women to become victims of domestic violence, such as individual factors, partner factors, socio-cultural factors, and economic factors, and efforts to protect the law of women victims of domestic violence are regulated in the Criminal Code, Law Number 23 of 2004 concerning Elimination of Domestic Violence. Forms of legal protection directly through institutions such as Integrated Service Centers and Legal Aid Institutions.Keywords: Violence, Household, Legal Protection
Eksistensi Calon Perseorangan Dalam Pemilukada di Indonesia
Authors: Perdana Ronaldo Adhi , Maggalatung A Salman
Published: November 2022

Abstract.Every citizen has the right to get the same opportunity in government. Therefore, the state must facilitate the rights of its citizens, because it is regulated in the constitution. This study uses normative legal research methods and literature studies. The results showed that the existence of individual candidates in the political and democratic system occurred because Law No. 32/2004 on Regional Government only limited and facilitated candidates for regional heads who came from political parties only. Individual candidates in the post-conflict local election in Indonesia are insignificant because one of them is the regulation governing individual candidates considered burdensome for individual candidates, even though the individual candidates have been regulated in the 1945 Constitution and strengthened by the Constitutional Court Decision Number 5/PUU-V/2007 which is the political right of the community to be chosen as a form of democracy and human rights. Deparpolization is caused by a decrease in public trust in political parties, so that people look for other political channels and provide space for people who do not have political vehicles, which are expected to be able to answer the deadlock of political parties so that their political rights can run well.Keywords: Individual Candidates, Democracy, Political Parties, General Election.
Nilai-Nilai Yang Hidup Dalam Masyarakat (Living Constitution) Dalam Putusan Mahkamah Konstitusi Pada Perkara Pengujian Undang-Undang Nomor 7 Tahun 2004 Tentang Sumber Daya Air
Authors: Bulan Bening Setara , Tamrin Abu , Sodikin Sodikin
Published: November 2022

Abstract.The Constitutional Court is an institution that has the role of the guardian of the constitution. The Constitutional Court must ensure the supremacy of the constitution, and the constitution is carried out consistently in society. As the guardian of the constitusion, the constitutional court is attached to the authority of judicial review. The decision on testing the Law on Natural Resources has two different decisions which are caused by the interpretation of the Constitutional Court judges on Article 33 Paragraph (2), Paragraph (3), and Paragraph (4) of the 1945 Constitution of the Republic of Indonesia. The judge relies on his interpretation of the value of community development, especially to the value of water resources. This on the one hand has resulted in legal uncertainty, but on the other hand it includes the efforts of judges to harmonize the rules of constitutional law as living constitution to be in accordance with the development of society.Keywords: The Living Constitution, RI Constitutional Court
Tinjauan Terhadap Peraturan Digital Economy Dan Hukum Pajak Dalam Undang-Undang Pajak Pertambahan Nilai
Authors: Putri Bella Andika
Published: November 2022

AbstractThe philosophy of Value-Added Tax (VAT) is a tax on consumption which is severely influenced by the development of business transaction and consumption pattern of society. In order to be the tool of social engineering and give legality of justice, Law Number 42 of 2009 should give certainty of law related to VAT imposition on transaction influenced intensely by business model growing in line with social development. Information technology development endorses the digital economy. Despite the fast growth of the digital economy in Indonesia, in line with the consistent growth of public and government consumption, the VAT revenue does not grow for consecutive three years. Law Number 42of 2009 does not prescribe explicit imposition VAT. Provision of VAT imposition on the digital economy makes VAT Law does not give justice legality and does not function as a tool of social engineering.Keywords: Value-Added Tax (VAT), Digital Economy, Justice Legality.