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Vita Meylani Susanti; Sigit Irianto

Notary Law Research 2023 Program Studi Magister Kenotariatan Fakultas Hukum UNTAG Semarang

Nominee agreement sebagai salah satu perkembangan hukum kontrak atau perjanjian di luar KUHPerdata merupakan suatu praktik yang sering terjadi Di Indonesia. Mengenai hak milik atas tanah terhadap Warga negara asing tidak diatur lengkap dalam UUPA.Tujuan penelitian: 1. Untuk mengetahui, menganalisis factor-faktor yang menyebabkan terjadinya Pembatalan Perjanjian Pengikatan Jual Beli dengan Pembeli Warga Negara Asing serta 2. Pertimbangan Hukum bagi Hakim dalam memutus suatu perkara pada putusan Nomor489/PK/Pdt/2021 dan 3. Akibat hukum yang ditimbulkan.  Metode penelitian yang digunakan tipe penelitian yuridis normatif. Spesifikasi penelitian deskriptif analisis, sumber data sekunder dan metode analisis datanya kualitatif. Hasil penelitian sebagai berikut: 1. Faktor-Faktor yang menyebabkan terjadinya pembatalan Perjanjian Pengikatan Jual Beli Dengan Pembeli Warga Negara Asing yaitu adanya wanprestasi yang dilakukan oleh salah satu pihak dalam perjanjian. 2. Pertimbangan hukum bagi hakim dalam memutus suatu perkara pada Putusan Nomor 489 PK/Pdt/2021 yaitu menolak permohonan Peninjauan Kembali dari pemohon NICHOLAS JOHN HYAM dan menghukum pemohon untuk membayar biaya perkara dan 3. Akibat hukum yang ditimbulkan yaitu tanggung jawab secara perdata oleh Notaris yakni dengan tanggung gugat berupa ganti rugi yang didasarkan pada suatu hubungan hukum antara Notaris dengan penghadap. Notaris yang membuat perjanjian nominee yang akibatnya akta tersebut batal demi hukum Pasal 1320 KUHperdata, Sanksi terhadap pelanggaran kode etik yaitu dapat berupa: teguran, peringatan, pemecatan sementara, pemecatan dari keanggotaan dan pemberhentian dengan tidak hormat.

Endang Setyowati

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Cooperation between economic actors such as financial institutions is an embodiment of the concept of the rule of law in economic development. Financial institutions such as banks provide credit to the public but there are also credit risks. So Bank Indonesia issued Guidelines for Preparing Credit Policies (PPKPB) for Commercial Banks, on March 31 1995, through Bank Indonesia Directors' Decree No.27/162/KEP/DIR which contains credit agreements in standard form. The existence of standard clauses in bank credit agreements containing the debtor's obligations, which aim to protect the creditor's interests, is unfair to the debtor. For this reason, it is necessary to study the weaknesses in the regulation of default on agreements with guarantees of mortgage rights. This research is based on John Rawls's Theory of Justice and Lawrence M. Friedman's Legal System Theory. The research specifications are analytical descriptive, with a sociological juridical research type. Regulations on default on agreements with guaranteed mortgage rights have weaknesses in the legal structure aspect, namely the lack of synergy between law enforcement officials. Apart from that, there are weaknesses in the legal substance aspect, namely related to the provisions contained in Article 15 UUHT, as well as weaknesses in the legal culture aspect which can be seen from the public's lack of knowledge about credit agreements and the lack of socialization regarding legal regulations related to the basic principles of agreement law.

Farah Fadiyah; Wahyu Eko Pujianto

Riset Ilmu Manajemen Bisnis dan Akuntansi 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This research aims to analyze the Remas Organization (Riyadhul Jannah Mosque Youth) KD Kampil Village, which was founded at the end of 2020. The problems that are the focus of the research include the lack of involvement of members, especially female members, lack of initiative from youth, and internal problems in monthly deliberations. The research methods used were participatory observation, interviews with the Head of the Organization, Ahmad Syafi'udin, and analysis of documentation related to organizational activities. The research results show that the lack of involvement of female members is influenced by the large number of female members who are married, while the lack of youth initiative is caused by the workload of young people who are already working. Internal problems in monthly deliberations involve disagreements between members and inconsistent attendance. Proposed improvement efforts include increasing the involvement of female members through special programs, encouraging youth initiative through leadership training activities, and improvements in the deliberation process to increase the effectiveness of meetings and minimize conflict. It is hoped that this research can contribute to improving the performance and involvement of members in the KD Kampil Village Remas Organization.

Nicholas Firman Rafael Napitupulu; Raden Muhammad Fadly Latief Ashshiddiq Prawirawinata; Nyulistiowati Suryanti; Deviana Yuanitasari

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Franchising is a business system carried out by two parties, namely the Franchisor and the Franchisee, in which the Franchisor grants license rights to the Franchisee based on the Agreement. This Franchise Agreement is a legal basis that is made in writing. In order for a business to be said to be a franchise, it must follow the criteria specified in the regulations, one of which is registering the prospectus of the franchise agreement and ownership of the Franchise Registration Certificate. However, in reality, in this case Neynis Food, has not registered its business with the state, but has claimed itself as a business that opens a franchise. Therefore, the author conducts research to obtain an overview of the legal consequences that occur if the Franchisor does not register its franchise and legal protection for Franchisees. This paper is made using the normative juridical research method. This research is conducted by investigating secondary data, which means that this research examines the laws that apply to society and their implementation in practice. The results of the research on this issue show how the implementation of Indonesian laws and regulations on franchising practices in Indonesia and it is known that the Neynis Food business cannot be qualified as a franchise, and if it continues to claim itself as a franchise, then the business can be said to be illegal because it does not fulfill the elements of franchising regulated in Permendag 71 of 2019.

Salsabila Salsabila; Nera Marinda Machdar

Riset Ilmu Manajemen Bisnis dan Akuntansi 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

In Indonesia, the effort to maximize tax revenue is not without obstacles. In the process of tax reform carried out by the government, differences in the interests of the government and the business world become apparent. The existence of these differences causes tax avoidance by the taxpayer. Researchers made this scientific article, aiming to examine and examine the effect of financial difficulties, debt agreements and transfer prices on tax avoidance moderated by foreign ownership. This study uses a qualitative descriptive method to examine a phenomenon by describing the data obtained from literature studies. The results of this study indicate that the variables of financial difficulties, debt agreements, and transfer prices affect tax avoidance. As well as financial difficulties, debt agreements, and transfer prices are able to be moderated by foreign ownership on tax avoidance.

Praxedis Ajeng Pradita; Eddy Damian; Tasya Safiranita

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Cinematographic work is protected by law under the Copyright Law No. 28 of 2014 in Indonesia. The fundamental principle is that the Creator is entitled to fair remuneration for the use of their work, in line with the alter-ego concept that gives the highest position to the Creator. In contrast to Indonesia, Germany has clearly regulated the procedures for the collection, management, and distribution of remuneration through the Urheberrechtsgesetz and the Collective Management Organization (CMO) operating with authorization from the Creator. The research method used is juridical-normative with a descriptive analysis approach. This study applies a comparative legal approach, utilizing data from both conventional and online literary sources, as well as interviews. The research findings indicate that Indonesia does not yet have specific regulations to protect the economic rights of digital cinematography. The absence of a Collective Management Organization (CMO) leads to an imbalance in licensing agreements between the Creator and digital platforms as users of cinematographic works.

Widya Elfareda Putri; Hamida Hamida; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

A limited liability company (hereinafter referred to as PT) is a capital partnership established under an agreement. This means that in the establishment of a PT there are two or more people in an establishment. In practice there are married couples who establish a joint PT. And in principle, the married couple has joint property after marriage, which means they are considered as one party or one property together. With these circumstances, it is considered not to meet the requirements for the establishment of PT. Law No. 40 of 2007 also does not regulate the exact provisions related to who can become shareholders. For this event, the author is interested in discussing about: (1) What is the validity of a Limited Liability Company established by husband and wife? (2) What are the legal consequences for a limited liability company established by husband and wife? The approach method used in this study is normative juridical, legislative research approach and literature study is carried out by studying literature books and scientific papers related to this issue. The implication is that if the husband and wife do not make a marriage agreement, it will make the husband and wife a subject of law, and be personally responsible for the engagement and losses incurred by the Company and make the liability of the PT unlimited.

Sumriya Sumriya; Riesta Yoga Hastama; Linda uril khofifah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

the purpose of this study is to analyze the management of village property. Village property in the form of land and buildings that have been handed over for the economic progress of the village community which is invested in BUMDes on the basis of the season can be used optimally. So that it does not burden the village budget and expenditure. This study examines agreements by analyzing the application of legal principles of agreements in cooperation contracts for the management of village property leased to BUMDes and community management. The principles of treaty law which is a civil law concept applied in the concept of state administrative law become an interesting one because the agreement is in the regulation of private law and public law. Goverment contracts are routine goverment legal acts,to ensure legal certainty for the parties involved, legislation is needed that speciffcally regulates commercial contracts by the government both regarding procedures and limits of authorty.

Humairah Hasan Sabaya; Weny Almoravid Dungga; Iulius T.Mandjo

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The aims of this research are: to know and understand the juridical analysis of the cancellation of land certificates by judges in the city of Gorontalo and to know and understand the judge's considerations regarding the cancellation of land certificates from an administrative perspective. The method used in this research is normative legal research obtained through literature study and primary data obtained in the field. This research took place at the Gorontalo City District Court. The results obtained from this research are that land is a requirement to achieve legal certainty and legal protection of land rights. Conditions for achieving legal certainty and legal protection of land rights. Land registration not only functions to protect the owner, but also functions to find out the status of the land plot, who the owner is, what rights they have, how big it is, what it is used for and so on. In this different legal position, the legal assessment by the judge becomes different, where the sale and purchase deed has the position of assessing the law of the agreement and is subject to the terms of the validity of the agreement, and if it is made illegally the sale and purchase deed can be canceled by the district court. 

Muliati, Ethi; Muliati, Ethi; Noferianto Sitompul; Vanie Wijaya

JURNAL ILMIAH KOMPUTER GRAFIS 2023 UNIVERSITAS STEKOM

ABSTRACT The community's life in Sambas has long been known for its handicrafts, specifically bamboo and rattan crafts, which boast unique diversities. The art of weaving bamboo and rattan has been a source of livelihood and an integral part of Malay culture that needs to be preserved. Therefore, media is required as a means of preservation, and one of the approaches is by creating a documentary film. This research aims to produce a documentary film as a cultural preservation medium. The making of this documentary film employs the cyclic strategy method and applies cinematography techniques in video recording.Based on the results of testing by two media experts, the film received a score of 90%, while two subject matter experts gave it a score of 88%. Furthermore, from 30 respondents, 91.73% expressed their strong agreement with the content, indicating that the documentary film is suitable for publication. It has a duration of 19 minutes and 22 seconds, with an H.264 1080p format, specifically MP4.

Rustam Soewandi; Agustinus Hedewata; Orpa J. Nubatonis

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The purpose of this research is to analyse the liability of farmers who make defaults on savings and loan agreements at KSP Kopdit Pintu Air Lembor branch. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary and secondary data. The results of this study are that the reasons for the default of farmers on savings and loan agreements at KSP Kopdit Pintu Air Lembor Branch as follows are reduced rice yields and crop failure. The existence of traditional events such as marriage, death and school parties. Income is divided due to financing the education of their children and financing sick families. Farmers borrow from local businesses and communities. Farmers are members of other cooperatives and make loans. Government programmes to improve irrigation have caused farmers not to plant rice. Liability for default by Farmers on savings and loan agreements, namely continuing to pay principal + interest + dues every month and Farmers can repay loans in the form of as much as the member or Farmer can pay or repay the loan and Farmers continue to pay monthly even though only to cover the interest.

Aninditha Azka Safanah; Muhammad Lathief Ilhamy Nasution

Jurnal Ekonomi dan Keuangan Islam 2023 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research was carried out at PT. BPRS Washliyah Medan. The aim of this research is to understand the murabahah financing system and process implemented by PT. BPRS Al-Washliyah Medan. Murabahah financing is a sale and purchase agreement for goods stating the acquisition price and profit agreed upon by the seller whose role in this case is the Bank and the buyer whose role is the customer/prospective customer for the customer's needs, with the flavone given Rp. 25,000,000 to Rp. 250,000,000. The principles of Murabahah financing are based on Islamic sharia and established legal provisions. Murabahah financing has apparently received a lot of responses from the public and business entities, but not many people and business entities understand the procedures for obtaining murabahah financing, even though marketing has been carried out by PT. SRB Washliya.

Verina Dhiva Azzahra

Jurnal Penelitian Manajemen dan Inovasi Riset 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

The study aims to find out the impact on compensation, motivation, and the working environment in creating job satisfaction which in turn is expected to have a positive impact on employee performance. The method used in this research is a quantitative method with a descriptive analysis approach. The data was collected through the distribution of online questionnaires using the Microsoft Forms platform. The survey respondents consisted of 101 employees of different age ranges in one company. The data obtained from the questionnaire is measured using a Likert scale from one to five, which allows respondents to give the level of agreement or disagreement with statements related to compensation, motivation, work environment, job satisfaction, and employee performance. Data analysis is done using several steps, including the Outer Model and the Inner Model. Outer Models involve calculations of Convergent Reliability, Discriminant Validity, Composite Reliability, and Cronbach's Alpha. This aims to ensure the validity and reliability of the data used in the research. Meanwhile, the Inner Model involves statistical T, R-Square, f-square and VIF calculations using the SmartPLS (Partial Least Square) analysis tool version 4.0.9.3. Research results show that compensation, motivation, and the working environment have a positive and significant influence on employee job satisfaction.

Riska Komalasari; Darul Arqom; Fharizal Prakasa Suhaimi; Rasidah Novita Sari

Jurnal Ekonomi dan Keuangan Islam 2023 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research was conducted with the aim of analyzing the guarantees contained in profit sharing agreements such as mudharabah agreements contained in sharia banking. In this research, a normative approach is used. A normative approach is used to examine the provision of guarantees in production sharing agreements from the perspective of Muamalat jurisprudence. This research shows that profit sharing contracts such as mudarabah essentially have no guarantees, except for guarantees against the possibility of moral hazard on the part of the contracting parties. In practice, Islamic financial institutions, especially Islamic banks, remove mandatory guarantees from the profit sharing agreements they make with their partners (customers). However, keep in mind that the guarantee of absolute rights will only end if the loss arises due to your fault, negligence or breach of contract. If the loss is caused by negligence, or a breach of customer contract, then warranty coverage should not be addressed.

Dewi, Putri Maha; Kurniawan, Itok Dwi; Septiningsih, Ismawati

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2023 Prodi PPKn Universitas Slamet Riyadi

This article discusses the civil aspect in contract cases, which are used by many people in various business collaborations. This article uses a normative research method, and uses a statutory approach. The provisions limiting the authority to make this exoneration clause have not been explicitly regulated. The only provision is the UUPK, although it uses the term standard clause which turns out to be different in meaning from the exoneration clause. In this case the standard clause is defined as a clause made unilaterally by the business actor, but its contents may not lead to an exoneration clause. Meanwhile, the exoneration clause as explained earlier is a clause that contains an attempt to limit, or even completely eliminate, the responsibility that should be borne by one of the parties, in this case the business actor. Legal protection is to provide protection for human rights that are harmed by others and this protection is given to the community so that they can enjoy all the rights granted by law so that the achievement of business/economic development goals in Indonesia is achieved in accordance with the values ​​of justice of the Indonesian people.

Nadia Ardine; Mey Lia Sari; Aisyah Resta Melati; Arifa Kurnia Suci; Asti Giri Anjani

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Land ownership rights are one of the fundamental human rights. However, land ownership rights for Indonesian citizens who marry foreigners are specifically regulated in Indonesian laws and regulations. These provisions aim to maintain state sovereignty and prevent land control by foreign parties. Based on Indonesian laws and regulations, Indonesian citizens who marry foreigners can only have rights to certain land, namely use rights, rental rights for buildings, ownership rights to apartment units, and ownership rights to residential or residential houses. Ownership rights to land can only be owned by Indonesian citizens. This research aims to examine the regulation of land ownership rights for Indonesian citizens who marry foreigners in Indonesian legislation. The law regarding mixed marriages is regulated in Article 57 of Law Number 1 of 1974 concerning Marriage. In essence, mixed marriages allow Indonesian citizens to choose the citizenship they will follow, whether the citizenship of the husband or wife, in line with the provisions of Article 26 of Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. Indonesian citizens who undergo mixed marriages have the possibility to create a marriage agreement that allows the separation of property between spouses during the marriage period, while maintaining their citizenship status..    

Fara Shaliza; Hildawati Hildawati; Egi Miranda Yuri; Fanisa Fanisa

FUNDAMENTUM : Jurnal Pengabdian Multidisiplin 2023 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This community service program was motivated by the suboptimal development of agribusiness partnership patterns among farmer groups assisted by the Agricultural Extension Center (BPP) of East Dumai District, Dumai City, which has resulted in low productivity, limited value added, and weak bargaining power of farmers. The program aimed to enhance farmers’ understanding, capacity, and readiness to develop sustainable agribusiness partnership strategies. The method applied was a community organizing approach through counseling, participatory discussions, and mentoring involving five farmer groups with a total of 15 farmers. The results indicate an improvement in farmers’ understanding of agribusiness partnership concepts and models, a shift in mindset from individual to collective group-based farming, and the emergence of initial agreements to develop simple partnership schemes with local agribusiness actors. In addition, farmers showed increased readiness in managerial aspects, product quality improvement, and communication with potential partners. This program contributes to strengthening farmer group institutions and provides a foundation for developing more structured and sustainable agribusiness partnerships.

Ratu Habibah; Sri Astuti; Hilman Haetami; Abu Bakar; Fitri Raya

Jurnal Riset dan Publikasi Ilmu Ekonomi 2023 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Investing in economic development is an important aspect because investment is one of the driving forces in the process of strengthening a country's economy. Several countries have made efforts to increase investment within the framework of their economic policies, as one way to encourage the process of strengthening the economy (Jati, 2012). Over the last decade, investment has not only become an important need for a country to advance its economic development but is also the most important means of developing industry. The research method used in this journal is qualitative. This research uses a qualitative approach to understand the factors influencing traditional markets and their impact on society and the economy. In this research, the author uses descriptive analysis to explain the conditions of traditional markets and the impact of changes in consumer preferences and the shift in people's shopping places to modern shopping centers. Indonesia has decided to become a member of both regional and world trade, such as: GATT (General Agreement on Tariffs and Trade), AFTA (Asean Free Trade Area), APEC (Asia-Pacific Economic Cooperation) and WTO (Word Trade Organization). Indonesia has become a member of regional and world trade, so at the same time, Indonesia has become part of the global community and trade liberalization. Basically, liberalization creates an era of global trade that is free of borders, protection and barriers. This also increases trade competition between economic actors. The challenges of traditional markets in facing the impact of globalization and trade liberalization are characterized by the flow of investment into Indonesia from one most profitable region to another in all investment sectors. This phenomenon makes capital investment or investment a demand to meet the needs of a country, company and society, for example by investing in the modern retail industry (modern markets), such as: supermarkets, hypermarkets, minimarkets.

Mohamad Djovan Kurniawan Mokodompit; Muthia Cherawaty Thalib; Dolot Alhasni Bakung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

This research discusses the application of the Pacta Sunt Servanda principle to unwritten agreements related to fisheries product sharing. The aim of this research is to find out how the Pacta Sunt Servanda Principle is applied to unwritten agreements and to find out what are the obstacles to the application of the Pacta Sunt Servanda Principle to unwritten agreements regarding fishery product sharing. This research uses a normative juridical type of research. By using several approaches, namely: legislation (statute approach), conceptual approach (conceptual approach).The results of this research show that the principle of pacta sunt servanda indeed requires parties to mutually fulfill their obligations in accordance with Article 1338 of the Civil Code. The agreement will be implemented if it meets the requirements in Article 1320 of the Civil Code and the parties mutually agree as per the meaning of Article 1313 of the Civil Code. When the agreement is ratified by the parties, the principle of pacta sunt servanda will apply. Apart from that, the results of this research also show that there are obstacles to the application of the principle of pacta sunt servanda in unwritten agreements regarding fishery product sharing, profit sharing agreements are general or not specific to a sector, so that we know about marine fisheries product sharing agreements as the author's research object. referring to law number 16 of 1964 concerning fishery product sharing agreements.  

Diana Ayu Mardiani; Muhammad Eko Prasetiyo; Nyulistiowati Suryanti; Deviana Yuanitasari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The parties can determine the content of the agreement, including regarding dispute resolution, which includes the choice of domicile jurisdiction agreed upon and binding for the parties. However, a conflict arises when the Commercial Court, which lacks authority, grants a PKPU petition due to the jurisdiction choice stipulated in the agreement. The research method used in this legal study is a normative juridical research method. The purpose is to understand the position of the Bankruptcy and PKPU Law with the clauses binding for the parties. The result of this research is that Law Number 37 of 2004 concerning Bankruptcy and PKPU is a lex specialis, so the law also does not provide a choice of law in bankruptcy and PKPU petitions. In PKPU cases, the Commercial Court is not subject to the choice of law and authority regulated in the agreement.