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Santoso Budi Nursal Umar; Doris Rahmat

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the process of canceling a land sale and purchase by the seller because the buyer defaulted, the legal consequences of canceling the land sale and purchase agreement by the seller because the buyer defaulted. The research method used in this research is descriptive analytical. The research results of the sale and purchase agreement process are valid and have binding force since an agreement is reached between the seller and the buyer. The sale and purchase agreement is based on the validity of the contract and other agreement principles. An agreement can be null and void (van rechtswege neiting) or can be canceled (vernietigbaar), if an agreement does not meet the requirements specified in accordance with Article 1320 of the Civil Code, namely if it does not fulfill subjective requirements (they agree to bind themselves, are competent to make an agreement) and objective conditions (a certain thing, a lawful cause). The legal consequences that arise for the buyer if they default, the buyer is required to pay compensation for losses suffered by the seller, pay court costs if sued in court, and fulfill the agreement if it continues.

Kuntonugroho Adnan

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The necessity of law in upholding the principles of the constitution, particularly in governing various aspects of people’s lives, notably its enforcement and impact on economic advancement, holds significant importance. Economic law emerged in response to the rapid expansion and progress of both domestic and global economies. Across nations, legal frameworks are utilized to regulate and supervise economic and socio-technical activities, ensuring that economic progression does not compromise individuals’ rights and welfare. The introduction of the Business Competition Law was aimed at fostering a competitive market economy, allowing for fair competition between economic entities and society. The primary objective of this legislation is to forestall monopolistic practices and unfair business competition. Through the enforcement of business competition law, the aspiration is to attain economic efficiency, leading to the enhancement of public welfare. Monopolistic activities contribute to economic disparities, adversely impacting societal harmony. For instance, collusion among businesses to dictate prices can harm consumers significantly. Essentially, a select few enterprises can engage in agreements to segment markets, control prices, regulate the quality and quantity of goods and services (through cartels), all geared towards maximizing profits swiftly. Such anti-competitive practices are unjust and disadvantageous to consumers. In the global context, fostering healthy business competition is crucial to preventing detrimental business practices and promoting fair economic competition.

Begi Aryes; Herri Fariadi; Evi Andriani

Mikroba : Jurnal Ilmu Tanaman, Sains Dan Teknologi Pertanian 2024 Asosiasi Riset Ilmu Tanaman Dan Hewani Indonesia

This research aims to analyze the palm oil agribusiness partnership pattern implemented by PT. Bengkulu Sustainable Palm Oil in Kedurang Ilir District, South Bengkulu, along with its impact on farmer partners. The research method was carried out descriptively with a qualitative approach, using primary data through in-depth interviews and secondary data from related documents. Respondents consisted of 440 partner farmers and 2 companies selected purposively. The research results show that the partnership pattern implemented is the Plasma Core Pattern (IP), where PT. Bengkulu Sawit Lestari acts as the core that guides and purchases the results of plasma farmers. The conflicts that occurred were relatively low, with the majority of partner farmers stating that there were no physical or significant conflicts. From an economic aspect, partner farmers produce an average of 4,038 kg of FFB per month, with a selling price of Rp. 1,948 per kilogram, resulting in net income of Rp. 5,512,443 per month after deducting costs. In conclusion, this agribusiness partnership succeeded in increasing farmer productivity and income, despite deficiencies in training and financial reporting by the company. It is recommended that companies and farmers jointly write written sanctions in agreements, increase training, and provide monthly financial reports to strengthen partnership relations.

Riko Andreas Simbolon; Syarifur Ridho; Suratni Ginting

Jurnal Bisnis Kreatif dan Inovatif 2024 Asosiasi Riset Ilmu Manajemen dan Bisnis Indonesia

PT. Pelayaran Cahaya Papua Dumai Branch is one of the companies operating as a Shipping Agency (ship agency) which provides domestic and international services. PT. Pelayaran Cahaya Papua also provides ship services such as ship needs (reflagging, fresh water, bunker), and also provides services for processing ship certificates that are entering their expiry date. The discussion presented in this paper is the Ship Sanitation Control Exemption Certificate (SSCEC) Certificate Extension Procedure at the Class I Port Health Office (KKP) by PT. Dumai branch of the Papua Light Cruise. In the Ship Sanitation Control Exemption Certificate (SSCEC) Certificate Extension Procedure, the company deals directly with relevant agencies, both government and private (companies). By having a good relationship with the shipowner (ship owner) who has been given the authority to make a Letter of Appointment (LOA) agreement to agent their ships, the Company can more freely convey information regarding ship certificates because information regarding ship certificates has a very important role in managing the arrival and departure of ships. To obtain data, the author used 2 (two) types of observation methods in collecting data, namely direct observation of field study and library study. Thus the author can conclude that the procedure for extending the Ship Sanitation Control Exemption Certificate (SSCEC) at the Class I Port Health Office (KKP) has been running smoothly.

Nabil Hukama Zulhaiba Arjani; Dominick Hoki Pinky; Adisty Puji Nurjayanti; Hanifah Hafshoh; Wismanto Wismanto

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Marriage in Islam is a sacred agreement, with the aim of worshiping Allah, but also a concept that embraces religious, moral and social values. And it is valid if it meets the terms and conditions. Where there are 5 laws in marriage, namely obligatory, sunnah, makruh, permissible and haram. The aim of this research aims to discuss marriage as well as the promise of purity carried out by men and women who want to continue a halal relationship, and perfect part of their faith. This research uses a qualitative method with a literature study approach, analyzing various sources such as books, magazines, offline and online articles or the latest journals, all data found from reading sources is then expressed in qualitative descriptive form. The results of this research show the problem of marriage in Islam in building a family that is sakinah mawaddah and rahmah. One of Allah's instructions in Islamic law is that He commands marriage and forbids adultery. Isalam has provided a clear concept regarding the procedure or process of a marriage which is based on the Al-Quran and the authentic Sunnah. Therefore, in this journal the author explores the meaning of marriage, the legal basis, conditions, harmony and wisdom of the law of marriage.

Boy Dippu Tua Simbolon; Kezia Thasa Emteta Karina Bangun; Reh Bungana Br PA; Maulana Ibrahim

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The concept of criminal responsibility in national criminal law is the main basis for determining sanctions or punishment for violations of criminal law. In the future era, criminal responsibility is expected to continue to develop and adapt to developments in society, technology and existing legal values. In facing the future, the concept of criminal responsibility is expected to become more progressive, fair and in line with the demands of social justice. Improving the quality of punishment and the effectiveness of the criminal justice system needs to be the main focus, taking into account the principles of human rights, protection of minorities and restorative justice. In addition, the importance of a preventive approach in national criminal law will be increasingly emphasized. Efforts to prevent criminal acts through education, rehabilitation and community empowerment are expected to reduce crime rates and create a safer environment. In the context of globalization, collaboration between countries in tackling cross-border crime needs to be strengthened. International agreements on extradition, exchange of information, and harmonization of criminal law can be strategic steps to increase the effectiveness of law enforcement. By updating the concept of criminal responsibility in national criminal law, it is hoped that a legal system that is adaptive, responsive and can better respond to future challenges can be created. In this way, security and justice in society can be more optimally maintained, in line with the main objective of criminal law to create order and protection for all citizens.  

Nur Endah, Dian; Duwi Purwandari, Junita; Abduh Almanar, Muhammad

Publikasi Para ahli Bahasa dan Sastra Inggris 2024 Asosiasi Periset Bahasa Sastra Indonesia

This study explores the factors influencing attendance among employees enrolled in English language courses, with a focus on understanding attendance patterns and proposing interventions to improve participation. English proficiency is a critical asset in the global era, and many companies in Indonesia offer English courses as part of their professional development programs. Despite their importance, these programs face attendance challenges due to factors such as professional commitments and schedule conflicts. The research employs a quantitative method, utilizing surveys to gather data from 15 employees participating in English courses at two institutions in Indonesia, one in Jakarta (called Bravo – pseudonym) and another one in Bandung (called Delta – pseudonym). Results highlight two primary factors affecting attendance: (1) professional development as a key motivator and (2) schedule conflicts as a major barrier. To address these challenges, the study proposes actionable interventions, by implementing a blended learning model and integrating mutual agreements between companies and course providers including creating supportive environment such as implementing blended learning model, designating learning hours and providing reward or incentive.

Eko Sugianto; Wahyu Prawesthi; Siti Marwiyah

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred agreement in human life, although some marriages also fail and end in divorce. However, this divorce does not only stop at the end of the relationship between the two parties. But more than that, the problem of separation of joint property also often becomes a new problem after divorce. This study then aimed to review the implementation of divorce and division of property arising from marriage according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The research method used is normative, with a statutory approach and a conceptual approach. The results of the study showed that the legal basis for joint property is contained in Chapter VII Article 35 to Article 37 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Based on this law, the path to division of joint property is divided through several mechanisms, namely based on religious law, based on customary law, and based on other laws. Compared to Law Number 1 of 1974, Law Number 16 of 2019 provides more detailed and modern regulations regarding joint property compared to previous provisions. Overall, according to Law Number 16 of 2019, the authority to settle the division of joint property arising from marriage involves the court in deciding fairly based on applicable law. The court has the responsibility to ensure that the division of property is carried out with the principle of justice, taking into account the contribution of each party and their needs and economic circumstances. In the case of mediation or agreements outside the court, the court still has the authority to assess and ensure that the decisions taken are in accordance with applicable legal provisions.  

Emanuel De Jesus; Yohanes G.Tuba Helan; Norani Asnawi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State Civil Apparatus or commonly referred to as ASN has been in the spotlight lately, where the changes in the new laws and regulations greatly affect the two (2) management of ASN, which includes Civil Servants (PNS) and Employees Government with Work Agreement (PPPK). This study aims to find, examine and discuss in more detail related to the Amendment of Law Number 20 of 2023 concerning Civil Servants, more specifically related to the Rights of Civil Servants and PPPK which have been regulated in this Law. The research method used is the cutative descriptive method. This type of research is normative legal research, the source of data obtained by researchers is sourced from legal materials, journals, and literature that supports this research. The legal materials used are primary, secondary and tertiary legal materials, while the literature includes contemporary and classical books. Data obtained by researchers through legal materials, then read, examined, analyzed, and explained quantitatively using scientific logic. The results showed that the granting of rights to Civil Servants and Government Employees with Work Agreements, was in accordance with their respective positions in the field of employment. However, the rights of the two management are dynamic and uncertain, because they are very dependent on changes in the laws and regulations ratified, so that there is a need for permanent regulations related to the rights of the two management, in order to fulfill the rights of each employee, which is in accordance with the Laws and Regulations.

Muthia Azzahra; Lara Dwi Alma; Intan Nuraini Azzahra; Wismanto Wismanto

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The concept of gharar in Islamic jurisprudence refers to uncertainty and speculation in transactions, which is prohibited due to its potential to cause loss and injustice. This study aims to examine the definitions, forms, and implications of gharar in modern economic transactions. Using a qualitative method with a literature review approach, data were collected from fiqh texts, books, and scholarly articlesThe findings indicate that gharar can be categorized into minor gharar, which may be tolerated, and major gharar, which is prohibited. Transactions such as conventional insurance and futures trading often involve gharar, but contemporary scholars provide boundaries to distinguish permissible uncertainty from prohibited uncertainty. Therefore, principles of openness, transparency, and clear agreements should be applied to avoid gharar in transactions.

Moch. Virgi Arivandi; Nadia Dwi Ramadani; Nur Rohma; Rafela Yumaning Putri; Emma Yunika Puspasari

Jurnal Ekonomi dan Pembangunan Indonesia 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The case of alleged violation of company secrets of PT Chiyoda Kogyo Indonesia, involving PT Maruka Indonesia, Hiroo Yoshida, and PT Unique Solutions Indonesia, who allegedly conspired to obtain confidential information in accordance with Article 23 of Law No. 5 Year 1999. This alleged violation caused potential financial losses of up to Rp 63 billion for PT Chiyoda Kogyo Indonesia and threatened its reputation. The protection of company secrets is crucial in maintaining a competitive advantage in an innovation-laden industry. This research explores the legal aspects and business impact of leaking sensitive information, focusing on the Trade Secrets Act (UURD) and the Antimonopoly Act, and its implications for fair business competition. The analysis is conducted through a normative legal approach, assessing the relevance of contract and property rights theories in the context of trade secret protection. In addition, it is recommended that companies implement stricter information security strategies, such as Non-Disclosure Agreement (NDA) contracts and confidentiality agreement renewals, to prevent future leaks.

Selfiana Dewi; Rayyan Firdaus

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

According to current trends, there is a need for Islamic banks both in quantity and quality. Customers will think about and choose Islamic banks more often as quality improves. The quality of Islamic banks can be improved by looking at their performance and sustainability capabilities which are influenced by the quality of funding or investment. This sharia bank, which was founded by considering these two types of financing, uses sharia banking as its financing fund distribution product. These banks finance transactions with the aim of making money. based on the results of collaborative projects implemented based on musyarakah agreements and profit sharing principles. Musyarakah financing is a collaborative effort between capital owners to run a particular business in accordance with sharia principles, with both parties participating in the success of the business. parties according to predetermined ratios, and losses are allocated according to capital advice. In the financial industry, bank performance is one of the main indicators of health. One method for evaluating bank operations is to use metrics to measure profitability, which is usually called ROA or profit assets. ROA is a capability metric; a business makes money by using all its resources and skills. A bank will make more money and have a better asset utilization position if its return on assets (ROA) is higher. In other words, ROA can show how effectively managers allocate resources to generate profits.

Agus Subhan Muzaki; Basuki Rekso Wibowo

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Government Goods and Services Provider Contract is a type of contract that is routinely carried out by the Government to meet various needs in organizing government activities. Transactions for the procurement of goods and services, namely the Ministry of Tourism and Creative Economy. The research method used is normative research using a statutory, conceptual and field approach. The results of the study are that the work contract between the commitment-making official and the goods and services provider at the Ministry of Tourism and Creative Economy still finds contract clauses that are not fully implemented and not understood by both parties. The impacts that will occur if the contract is not fully implemented and not understood by both parties include triggering contract disputes, even a greater impact is an indication of corruption because the source of funds for the procurement of goods and services is from the APBN. The purpose of this study is to provide education to both parties that the work contract is a guideline that must be understood and obeyed like the law. The ideal concept of direct procurement work contracts in the Ministry of Tourism and Creative Economy includes strengthening the role of APIP in the procurement of goods and services through direct procurement methods through audits, evaluations, reviews, monitoring and other supervision, the creation of standard contracts by including the substance of clauses that generally occur, and the use of sectoral e-catalogs provided by LKPP.

Emanuel De Jesus; Yohanes G.Tuba Helan; Norani Asnawi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State Civil Apparatus or commonly referred to as ASN has been in the spotlight lately, where the changes in the new laws and regulations greatly affect the two (2) management of ASN, which includes Civil Servants (PNS) and Employees Government with Work Agreement (PPPK). This study aims to find, examine and discuss in more detail related to the Amendment of Law Number 20 of 2023 concerning Civil Servants, more specifically related to the Rights of Civil Servants and PPPK which have been regulated in this Law. The research method used is the cutative descriptive method. This type of research is normative legal research, the source of data obtained by researchers is sourced from legal materials, journals, and literature that supports this research. The legal materials used are primary, secondary and tertiary legal materials, while the literature includes contemporary and classical books. Data obtained by researchers through legal materials, then read, examined, analyzed, and explained quantitatively using scientific logic.         The results showed that the granting of rights to Civil Servants and Government Employees with Work Agreements, was in accordance with their respective positions in the field of employment. However, the rights of the two management are dynamic and uncertain, because they are very dependent on changes in the laws and regulations ratified, so that there is a need for permanent regulations related to the rights of the two management, in order to fulfill the rights of each employee, which is in accordance with the Laws and Regulations.      

Noh Chang Dong; Ramlani Lina Sinaulan; Joko Sriwidodo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Analyzing the implications of business law on business ethics practices in Indonesia using library research methods. Data was collected from various literature sources relevant to the research topic. The results show that business law has an important role in shaping business ethics in Indonesia. Business law regulates the rights and obligations that arise from agreements and agreements in business practices. Factors underlying business law such as developments in national development, business ethics, internal and external factors and legal awareness influence the implementation of business law in ethical and responsible business practices. Solutions that can be provided to improve the implementation of business law and ethical business practices in Indonesia are by strengthening regulations, effective law enforcement, education, government collaboration with business, accountability, and the formation of an independent supervisory body. In improving the implementation of business law, it is hoped that it can create a fair, transparent and integrity business environment and make a positive contribution to economic development and social welfare in Indonesia.

Sulfah Sahratus Syabrinah; Sri Wigati

Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Restructuring is a step in overcoming financing problems that arise because debtors experience difficulties in fulfilling their obligations, which is known as default. The government, through the Financial Services Authority, asks banking institutions to identify debtors and provide financing restructuring policies with the aim of providing relief to the public, especially debtors, in financing payments. This research aims to find out how restructuring is implemented as an effort to manage problematic financing at KB Bank Syariah KC Surabaya. The research method used is a descriptive qualitative approach in the nature of library research, namely by using books and literature related to this research. The results of this research are that implementing restructuring of problematic financing in banks will benefit in the form of reducing Non-Performing Finance (NPF), which will ultimately have a positive impact on the overall health of the bank. Apart from that, from an economic perspective, the Bank will receive installment payments from debtors in accordance with the restructuring agreement that has been agreed between the bank and the debtor. The success of implementing financing restructuring depends on the intention and willingness of both parties, namely the debtor and financing, to work together in resolving financing problems that arise.  

Maria Suryaningsih; Susi Susilawati; Moch Rizal; Viniyati Maftuchach; Sahrul Ramadhan

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2024 Fakultas Teknik Universitas Maritim AMNI Semarang

This community service aims to provide an understanding of financial literacy and training and guidance related to the use of social media to disseminate their products online to students of Muhammadiyah Wanaraja Garut High School. The problem faced by partners in this programme is the lack of understanding of students of Muhammadiyah Wanaraja Garut High School regarding financial literacy. The method of implementing this activity using the Participatory Action Research (PAR) method is carried out starting from the socialisation stage at the beginning of the service activity, in the form of providing information to partners / communities about community service activities to be carried out, the objectives of the activity, the stages of implementing the activity, and the schedule for implementing the activity based on an agreement between the proposing team and partners, the next stage of training and mentoring and evaluation of activities. The results of the activity showed an increase in the literacy knowledge of students of Muhammadiyah Wanaraja Garut High School (SMA) related to financial literacy before and after training.

Tiur Herlina Yanti Hutagalung; Rayyan Firdaus

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

There are various types of financing in Islamic banking or financial institutions, one of which is mudharabah financing. This financing is a cooperation agreement between the capital owner (shohibul mal) and the fund manager (mudharib) for a business, where the profit is shared according to the agreed percentage based on the profit obtained. Mudharabah financing is closely related to UMKM, where UMKM owners, especially housewives, play an important role in managing family finances. This study aims to examine what are the challenges for UMKM in using the mudharabah contract and what are the advantages of using the mudharabah contract. The method used in this study is qualitative research with a descriptive approach, as well as descriptive data analysis through literature studies from scientific journals and books. The results of this study indicate that mudharabah financing can help the community in improving UMKM.

Arie Herawati; Ramlani Lina Sinaulan; Joko Sriwidodo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The involvement of a third party in a debt agreement as the owner of the collateral object is a legal act that often occurs in society. Not a few third parties feel disadvantaged due to the debt agreement between the debtor and the creditor because there are still no regulations that clearly regulate their legal protection, one of the cases is Decision Number 808 / Pdt.G / 2021 / PA CN This study aims to examine problems related to legal protection for third parties as owners of collateral according to applicable laws and regulations. This research method uses a normative legal approach by approaching the laws in force in Indonesia, then a normative analysis is carried out using data sources in the form of laws and regulations, court decisions, opinions of legal experts, along with existing legal concepts. This study will later focus on legal protection for third parties as collateral owners based on applicable regulations and legal settlements if third parties feel disadvantaged by the collateral object they own. From the results of the study, it can be concluded that there is no prohibition on the involvement of third parties as guarantors of land rights in the debt agreement process, however, legal regulations regarding the role of third parties are only explained implicitly in Law No. 4/1996, resulting in third parties being vulnerable to being harmed. As a form of legal protection for third parties, it can be done through a preventive process by issuing APHT and SKMHT by authorized officials, in addition, if the third party's rights have been harmed, it can be taken through litigation and non-litigation.

Ninin Eva Andika Rada; I Wayan Sukadana

International Journal of Economics and Management Sciences 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Competitiveness is the economic ability of a country to innovate, increase productivity, and maintain its position in the global market. Competitiveness is one of the most important activities for the development of the Indonesian economy, high competitiveness helps countries to adapt to global changes, improve the welfare of their people, and achieve sustainable economic growth. International trade is a trading activity carried out by the people of a country with the people of another country on the basis of mutual agreement. Trading activities are activities related to transactions of goods and services domestically and between countries with the aim of gaining profit. With the advancement and development of technology, in the future, international economic and trade activities will also increase. This international trade occurs because a country is unable to meet its needs, this encourages a country to trade. International trade consists of export and import activities. Export is the activity of removing goods from the Indonesian customs area and services from the territory of the Republic of Indonesia. The customs area is the territory of the Republic of Indonesia which includes land, waters, airspace above it, and certain places in the exclusive economic zone and continental shelf. Cocoa is one of Indonesia's leading export commodities. Cocoa commodities consistently act as a source of foreign exchange that contributes to the structure of the Indonesian economy. This study aims to analyze competitiveness, the influence of production, and international prices on the competitiveness of Indonesian cocoa exports. The data used in the study are secondary time series data from 1990 to 2023. The analysis used in this study is Relevant Comparative Advantage (RCA) and multiple linear regression. Based on the results of the Relevant Comparative Advantage (RCA) analysis, the RCA value is greater than 1, indicating that Indonesian cocoa exports have strong competitiveness. Based on the results of multiple linear analysis, it shows that production does not have a significant effect on the competitiveness of cocoa exports, international prices have a positive and significant effect on the competitiveness of cocoa.