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Nurul Syazwani Sabang; Mutia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to find out what the legal consequences are of bad credit agreements where mortgage rights are not registered at the Gorontalo City National Land Agency office and to find out the factors that cause mortgage rights not to be registered. The type of research used is Normative Empirical research, using data types consisting of primary data, secondary data and tertiary data. Data collection techniques were carried out using interview, observation and literature techniques. Then the data is analyzed descriptively or provides an overview or explanation of the research subjects and objects as the results of the research conducted. The results of this research show that cases of bad credit agreements where mortgage rights were not registered at the national land agency office have occurred in the city of Gorontalo. So the legal consequence obtained from this case is that the bank as the creditor cannot prosecute in court because the mortgage which is used as collateral is not registered. Clearly this is detrimental and does not provide legal certainty for both parties concerned, especially because registration of mortgage rights determines the birth of mortgage rights. Then there are several factors that cause the mortgage rights not to be registered, namely, negligence on the part of the land owner, administrative obstacles, financial difficulties, approval from related parties and so on.

Desya Natalia P. Wulungo; Mutia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The aim of this research is to discuss defaults in rental agreements for flats for low-income communities in the city of Gorontalo in light of law number 20 of 2011 concerning flats. By reviewing the issues regarding the form of implementation of the rental agreement and the legal consequences of non-performance in the agreement, this research can benefit from this. The method used in this research is an empirical legal research method. The results of this research suggest that it is necessary to provide legal education to flat tenants by implementing the contents of the rental agreement as well as the responsibility of the government as the manager of the flat, then carrying out good coordination between the relevant and authorized parties in resolving a case/case.

Devinda Diana Valentina; Suraji Suraji

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

This research examines the validity of agreements regarding the inclusion of exoneration clauses in e-commerce transactions. Agreements between marketplace companies and their users are packaged in the form of standard agreements. This allows for the inclusion of eksonerasi clauses containing exoneration elements that may harm users. The research method used by the Author is normative legal research with a prescriptive nature. The types and sources of research data include primary data consisting of legislation, basic principles, jurisprudence, and other fundamental regulations, as well as secondary data obtained through literature review. Based on the research findings, the use of standard agreements is generally allowed as long as it does not violate Article 18 paragraph (1) of the Consumer Protection Law. Such violation constitutes a breach of the conditions for the validity of the agreement in terms of a lawful cause, thus rendering the use of exoneration clauses legally void.

Mhd. Aziz Alfarisi Hasibuan

Jurnal Ekonomi dan Keuangan 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The implementation of the Murabahah agreement at Bank Syariah Indonesia (BSI) KCP Medan Sukaramai is the focus of this research. The aim of the research is to analyze the process of implementing the Murabahah contract, identify the obstacles faced, and initiate efforts to overcome these obstacles. The research method used is a qualitative descriptive method with data collection techniques through in-depth interviews. Respondents consisted of bank managers, bank employees and customers involved in transactions using Murabahah contracts. Data analysis was carried out taking into account relevant sharia principles. The research results show that the implementation of the Murabahah contract at BSI KCP Medan Sukaramai has been carried out carefully and structured in accordance with sharia principles. However, the obstacles faced include a lack of customer understanding of sharia principles as well as differences in understanding between customers and bank officers. Efforts made by banks to overcome these obstacles include increasing education for customers and regular training for bank officers. This research contributes to the understanding of Murabahah contract practices in the sharia banking sector, as well as offering recommendations for banks to increase the effectiveness and efficiency of implementing Murabahah contracts. In addition, it is hoped that this research can provide customers with a better understanding of sharia principles in financial transactions.

Erwin Wahyu Saputra; Diana Tantri Cahyaningsih

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to examine the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars due to production defects. This research is a prescriptive and applied normative legal research with a statue approach and case approach. The sources of legal materials used are primary and secondary legal materials, by means of literature study of documents or library materials, and syllogism and interpretation techniques using deduction thinking. The results of this study are the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars can choose two forms of legal protection described by Moch Isnaeni, namely internal legal protection and external legal protection. In internal legal protection in the form of an agreement made in the agreement to purchase a third generation Toyota Avanza car. While external legal protection is protected by laws and regulations, government regulations, and ministerial regulations. 

Siti Muhana; Hansen Rusliani

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Leasing is one of the muamalah practices carried out by humans in everyday life. In Islam itself, it is highly recommended for humans to help each other, cooperate, because in reality humans cannot live well without the help of other humans. Rentals are also carried out by the people of Kuala Keritang village to fulfill their living needs. This type of research is a research method using qualitative research which is based on the research process by producing descriptive data in the form of writing and expressions obtained directly in the field. Data collection techniques use observation, interviews and documentation methods. To obtain valid data, researchers used primary data sources and secondary data. The results of this research are that the god-rental agreement in Kuala Keritang Village was carried out verbally, there was no written or other evidence that it was made directly between the rice field owner and the rice field tenant. The rental agreement is carried out when the rice field owner and tenant know each other and there are still family ties. Leasing is done because the tenants do not have land to manage and the rice field owners are no longer able to work on their own fields.

Tsania Nurul Azkia; Arief Suryono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Humans are essentially social creatures who need help from other people in meeting their daily needs, especially those related to economic problems. The economy is fundamentally related to agreements, as these agreements are created to ensure that both parties comply with and fulfill their obligations. However, in fact, currently there are still many default disputes due to debtor negligence so that the legal consequences are cancellation of previously agreed agreements, transfer of risk, as well as compensation for costs, losses and interest. Apart from that, resolving default disputes can also be done by filing a lawsuit by creditors in district court as in case number 59/Pdt.G/2022/PN Mkd. After going through considerations, the case was decided by the judge and granted in part because there was one of the arguments of the lawsuit which was not in accordance with positive law in Indonesia.

Harum Tri Nugraheni; Suraji Suraji

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to examine the form of legal protection for buyers due to the implementation of legal regulations in Indonesia regarding cases of hidden defects in e-commerce transactions. This research is normative legal research with primary, secondary and tertiary legal materials. This research uses a legislative approach which will then be analyzed using the syllogism method with a deductive mindset. The results of this research show that internal legal protection is created by the parties themselves, if the business actor commits a breach of contract in the form of selling goods that are not in accordance with the agreement, this can result in internal protection not being fulfilled. Meanwhile, the UUPK and PP PSTE are a form of external legal protection because they are regulations that have been made by authorized officials to provide protection to weak parties from injustice.

Beryl Alfarez Hertanto; Adi Sulistiyono

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

This article aims to explore the urgency of applying the principle of proportionality in online loan agreements. The research results are expected to be utilized by all parties involved, especially prospective recipients of online loans, in crafting a standardized online loan agreement. The research methodology employs normative legal research, utilizing both primary and secondary legal materials through a literature review data collection technique. The approaches used in this research are the legislative approach (statute approach) and the conceptual approach. The data analysis technique employed is deductive analysis using the syllogism method. The application of the proportionality principle is examined through a guiding theory to identify the proportionality principles in contracts, including the principles of equality of rights, freedom, proportional distribution, and an elegant resolution with a win-win solution. Applying the proportionality principle in online loan electronic contracts is expected to minimize the risk of disputes during the execution of online loan agreements.

Tiara Iga Mandera; Suraji Suraji

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the validity of the agreement between Gopay Later according to the Indonesian Civil Code. This research is a normative juridical legal study with a legislative approach. Based on this research, it is found that the electronic agreement of Gopay Later between consumers and PT. Multifinance Anak Bangsa (Gojek) can be considered valid according to Indonesian contract law and does not contradict the Indonesian Civil Code.

Diah Ayu Lestari; Kasih Simbolon; Septi Melani Putri Tambunan

Jurnal Riset Rumpun Matematika dan Ilmu Pengetahuan Alam 2024 Pusat riset dan Inovasi Nasional

Life insurance is an agreement made by the insurance company as the party responsible for providing the guarantee in the form of providing money as risk compensation if an event occurs, such as the death of an insurance participant. As compensation, the insurance participant has the obligation to pay a certain amount of premium to the insurance company. Single premium is a premium payment method that is made once at the beginning. Single premium is a way of paying insurance premiums that are paid all at once at the beginning. Sum Insured is funds that will be given the insurance company to the heirs as a replacement if the insurance participant dies. The purpose of this research is to determine the premium value and compare the premium value if various sums insured are given. And it was found that the greater the sum insured, the greater the premium value that must be paid, and the older a person is when taking out life insurance, the greater the premium value that must be paid.

Yulia Paramita Rusady; Rohilah Rohilah

Jurnal Pengabdian Kepada Masyarakat 2024 Pusat Riset dan Inovasi Nasional

The use of a computerized system to determine the number of children and the severity of their illness is called a family plan. Allowed family planning is an effort to regulate or thin out births or an effort to prevent pregnancy temporarily with the agreement of husband and wife due to certain situations and conditions for the benefit of the family, society, and the state, thus family planning here has the same meaning as regulation of offspring. The goal after a brief coaching is expected to increase knowledge and understanding in choosing contraceptives according to needs and as an effort to make the government's program to have 2 children better. The activities carried out in the form of coaching and brief socialization using Manikin and leaflets. The results of fostering family planning acceptors are able to increase mother's knowledge in choosing types of contraception and understand the advantages and disadvantages of each contraceptive. The conclusion in this community service is that the mother's knowledge of contraceptives increases so that she can choose the right contraceptive.

Denis Yusuf Mercury; Agustin Widjiastuti; Paula Paula

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The company as a place for providing employment, requires accepting workers the detention of the employee's original diploma as a guarantee so that employees cannot violate the rules in the company. Withholding of diplomas is a form of human rights violations that are often ignored by job providers. The purpose of writing this study is to determine the role of the government in handling cases of withholding original diplomas carried out by employers and protecting the human rights of employees to recover original diplomas withheld. The need for legal protection for employees who experience diploma withholding. The research method used by the author in this thesis is using normative research methods with literature research which is research on laws and regulations (Statute Approach) and literature or reading materials and obtained experts and scholars (Conceptual Approach) related to the material discussed. Based on research conducted in the results of the study, there are still many entrepreneurs holding diplomas. Although employers and workers enter into an employment agreement that does not include a clause withholding diplomas, but the original diplomas are still withheld on the basis of mutual trust between employers and employees. The actions of employers have been included in human rights violations, this results in employees not being able to apply for jobs elsewhere that are better in accordance with their abilities. There is a conclusion that there is a legal vacuum, there is no specific law prohibiting the withholding of diplomas.

Trianda Lestari; Syahrando Muhti; Muhamad Fatur Rahman Bey Husdi

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

A broken promise or default is a situation where a debtor is unable to fulfill his obligations in accordance with the debt and receivable agreement he made, for example not making installments or repayment on time. As in article 13138 of the Civil Code which states "All agreements made in accordance with law apply as law for those who make them. This agreement cannot be withdrawn other than by agreement of both parties, or for reasons determined by law, the agreement must be carried out in good faith. In this paper, the problem is regarding the bank credit payment agreement made between the debtor and the creditor in the contents of the agreement that has been given by agreement between the parties given a period of time by the creditor to the debtor, but the debtor is negligent and does not pay compensation even though it has been billed and a summons has been given. or a warning, so that the debtor files a lawsuit. The theory in this research uses contract law theory which regulates agreements and methods using normative legal research methods which refer to court decisions and statutory regulations. So the title that the researcher will discuss is the analysis of cases of default between debtors and creditors regarding bank credit loan agreements, case study decision number 51/PDT.G.S/2023/PN.BTG

Welda Aulia Putri; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the indicators of the principle of abuse of circumstances in the consideration of judges who give rise to legal consequences of the existence of abuse of circumstances in economic excellence in an agreement. The research method in this journal is normative legal research. The nature of research in this journal is prescriptive. The research approach used is the legislation approach and case approach. Primary legal materials in this journal, namely the Civil Code, jurisprudence, and court decisions. As for secondary legal materials, namely book literature, legal journals, and other relevant literature. The results of the study indicate that the case in Supreme Court Decision Number 1395 K/Pdt/2017 has proven that there is an abuse of circumstances in economic excellence.

Aisyah Fitrah Az-Zahra Dira; Madian Muhammad Muchlis

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

The term affiliate activity refers to actions taken by two parties to establish a partnership and build a mutually beneficial relationship. Marketing tactics used by business people include Influencers who function as target audiences and segments that are targeted for product promotion and branding. The aim of this research is to understand how Influencer Tasya Farasya and the Shopee Affiliate Program work and explore the legal aspects of sharia business related to collaboration between Influencers and the Shopee Affiliate Program. Researchers use descriptive qualitative methods using internet searching research, namely the process of searching for data via internet media to obtain information based on references, journals, articles. In this research, it was concluded that if an Influencer promotes a product, the Influencer will direct potential buyers to the affiliate's URL address. When the affiliate URL is opened, potential buyers will be directed to the seller's product sales website. This affiliate cooperation practice uses a samsarah contract because it is a form of intermediary between the seller and the buyer. In view of Sharia Economic Law, the practice of collaboration between Influencers and the Shopee affiliate program is permitted because it meets the requirements and is in line with the Samsarah agreement.  

Adinda Vinka Maharani; Suraji Suraji

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the legal responsibilities of coal companies in fulfilling their achievements due to the export ban. This legal writing is included in the type of normative legal research using a legislative approach including primary legal materials and secondary legal materials collected through document study and analyzed using deductive legal material analysis using the syllogism method. This research examines the implementation of the Decree of the Minister of Energy and Mineral Resources Number 139.K/HK.02/MEM.B/2021 regarding the fulfillment and prioritization of domestic coal needs. The failure to fulfill the Domestic Market Obligation then gave rise to an export ban by the Ministry of Energy and Mineral Resources through the issuance of Circular Letter from the Directorate General of Minerals and Coal, Ministry of Energy and Mineral Resources Number B-605/MB.05/DJB.B/2021. The export ban then causes coal entrepreneurs to be unable to fulfill agreements with foreign companies. Non-fulfillment of achievements due to changes in Government policy in the form of an export ban is analyzed and categorized as force majeure so that non-performance, compensation or cancellation of the agreement cannot be sued. The legal responsibility that can be carried out by coal entrepreneurs in the event of an export ban is to submit a force majeure situation and prove that their party has been in good faith from the beginning until the agreement is in progress.

Nessya Mayla Faiza; Utari Mutiara Ayu; Noerma Kurniwa Fajarwati

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

Religious communities like Indonesia often discuss religious issues. Determining the Eid al-Adha holiday in 2022 is one of the issues that is receiving attention. As is known, the Indonesian government determines the Eid al-Adha holiday in two ways: rukyat and reckoning. On the Instagram account @kemenag_ri, the Ministry of Religion of the Republic of Indonesia held an Isbat Session Teleconference on June 29 2022, and the results showed that the date set on the calendar had to be changed from July 9 2022 to July 10 2022. Instagram users provided this decision directly. This shows that the religious community has participated and there is agreement in handling the results of the Isbat Session. As an effort to explore the interactions that exist within religious communities, this research uses netnography techniques.

Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar

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

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Indradewi, Astrid Athina; Sugianto, Fajar

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Every person experiences disagreements, conflicts, issues, and confrontations in their lifetime. Nobody wants to get into a disagreement with someone else. Each business actor, particularly in economic activities, should always be prepared for the possibility of disagreements that may arise at any point in the future. Here, the business actor will select the form of dispute resolution that best fits their requirements. This study employed a normative juridical research methodology that combines a doctrinal and statutory regulation approach. This study concludes that arbitration is a non-litigation dispute settlement mechanism. With its many benefits, arbitration plays a big part in settling business conflicts.