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Vehrial Vahzrianur; Samudra Farasi Putra; Rizky Bayu Pratama; Muhamad Revanza Solihin; Aditya Pangestu Halomoan Tampubolon +1 more

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

Juridical Review of the Digital Banking System for Customer Protection discusses legal certainty for customers in banking transactions via internet banking. The study highlights the protection of customers' personal data and the security of banking information regulated in related agreements including Law no. 10 of 1998 concerning banks and Law no. 11 of 2008, which was changed to Law no. 19 of 2016 concerning electronic information and transactions. Legal protection of online banking users from cybercrime also serves as a research focus. Several studies also highlight the importance of policy protection for victims of economic crime in the banking sector. Customer protection in digital banking systems is becoming increasingly important along with rapid technological developments

Mozarto Omar Vivaldi Hermanto; Achmad Farhan Aly

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.

Devina Natasyafira; Khamilatun Nisah

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

With the rapid development of globalization, there are people who have the desire to change their own gender or what is usually called transsexual. Transsexualism can happen to someone due to environmental factors and hormonal factors. This phenomenon raises problems in all legal dimensions, one of which concerns inheritance for transsexuals. In this writing, normative juridical research methods are used because this research examines library materials to find certainty about Minangkabau customs. In Indonesia itself, it still recognizes customs which are the inheritance of customs. As in Minangkabau custom, it is still motivated by the values and norms of the Islamic religion. It is known that the Islamic religion does not accept the existence of transsexuals, so Minangkabau customs also reject these transsexuals. This writing  to find out, explain and analyze transsexual inheritance in Minangkabau customs.

Fadel Afandi

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

This study aims to determine the position of the object of the fiduciary guarantee transferred by the debtor based on the agreement with PT. Pegadaian and to determine the efforts to settle the credit transferred by the debtor. This research was conducted at PT. Pegadaian Pasar Butung Makassar and used the Normative-Empirical research type method. The approach is carried out with literature in reality based on interviews and documentation. The results of the study indicate that to determine the legal position of the object of the fiduciary guarantee transferred by the debtor, registration is required. PT. Pegadaian does not register a fiduciary guarantee in its entirety with consideration of costs, so that the legal position of the object of the fiduciary guarantee has a legal weakness in the sense of lack of legal certainty for creditors, because the debtor has violated the provisions of Article 23 paragraph (2). In addition, to settle loans with fiduciary guarantees whose objects are transferred by the debtor, PT. Pegadaian takes a negotiation method with the debtor and the third party who receives the transfer of the object of the fiduciary guarantee, namely by replacing the object of the collateral transferred to the third party with the object belonging to the debtor whose value is equivalent to the object of the guarantee that has been transferred, because PT. Pegadaian has material rights over the object of collateral.

Apris Alexandro Bansele; Jhonanis G Tuba Helan; Detji K.E.R. Nuban

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The purpose of this research is to analyze the implementation of waste management in Oesapa Village in terms of Kupang City Regional Regulation No. 4/2011 on the implementation of reducing household waste and similar household waste. This research is an empirical juridical research where this research was conducted in Oesapa Village, Kelapa Lima Sub-district, Kupang City. This research uses interview guidelines for fifteen resource persons. The data was analyzed descriptively-qualitatively. Based on the results of the study that the reduction of household waste and similar household waste requires legal certainty, clarity of authority and responsibility of the government, as well as the participation of the community and business actors, so that the implementation of waste reduction can bring economic benefits, healthy for the community, and can change people's behavior that operationally, Article 9 of Law No. 18 of 2008 concerning Waste Management gives the authority to implement waste reduction to the Kupang City Government, especially Kelapa Lima District The implementation of reducing household waste and similar household waste in Kupang City is not in accordance with the methods and techniques for implementing environmentally sound waste reduction, resulting in negative impacts on public health and the environment.

Dian Priharyanti; Elisatris Gultom

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

Directors have a crucial role in the company, with the potential for actions that are not in accordance with corporate governance that can be detrimental and cause conflicts of interest, threatening the company's growth. In this context, Good Corporate Governance becomes crucial as a supervision to prevent detrimental actions. This article discusses Directors' Transactions involving Conflicts of Interest and legal certainty of director actions. The research uses normative juridical methods, with a statutory regulatory approach as the basis. Actions or transactions with a conflict of interest are considered not to be a legal problem if they are carried out in good faith, in accordance with KEP-412/BL/2009. However, a different view emerges from the principles of good corporate governance which suggest avoiding transactions with conflicts of interest. The research conclusion confirms that directors, as holders of trust, cannot be held responsible for losses if they act in good faith. Although the law allows transactions with conflicts of interest, the principles of good corporate governance emphasize the importance of avoiding actions that involve conflicts of interest in order to maintain the principles of good corporate governance.

Darda Daraba; Sumiyati B; Asdar Arti

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research aims to analyze risk mitigation between parties in contracts for the procurement of government goods/services and analyze the consequences of default between the parties in contracts for the procurement of government goods/services. The research method used is normative juridical. There are 2 (two) conclusions as a result of the research, first: Mitigation of risks between Parties in Contracts for the procurement of Government Goods/Services. The PPK expects the PPK to pay attention to critical points based on the results of identification in each stage of contract management for the procurement of government goods/services. Second, by mitigating risks, legal certainty and justice can be achieved which provides clarity in carrying out legal actions when implementing contracts in the form of performance even when the contract is in default.  

Tri Bowo Hersandy Febrianto

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

The legal problems currently developing are of various forms and types, so legal codification must be adapted to these developments. Since the decade of Indonesia's independence, civil law has been used as the axis of the national legal system which aims to create legal certainty. Certainty and justice are not something new in the Indonesian legal system, this is the role of judges to create laws based on applicable laws and regulations. This research aims to explain the role of civil law as a national legal system applied by Indonesia to create law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The results of the research show that civil law still has an important role in the legal system in Indonesia, but legal codification needs to be adapted to increasingly advanced developments so that legal events that occur are still contained in statutory regulations.

Putri Sari Perdani; Christina Tabita Sitanggang; Sumriyah Sumriyah

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The increasing public interest in using the paylater feature on the Shopee application is still increasing and quite a few people do not understand their rights and obligations in using this feature. In order to provide certainty and protection for users and business actors, regulations are needed for paylater service providers. This research was created to analyze the form of agreement that arises in the implementation of sales and purchases using the Shopee Paylater feature, including the legal relationship between the parties to the transaction. The panel research method used is normative juridical which examines only library data or secondary data, which includes primary, secondary and tertiary legal materials. According to existing research results, the agreements that occur in Shopee Paylater transactions with users based on the analysis of Article 1313 of the Civil Code do not conflict and this agreement is valid as explained in Article 1320 of the Civil Code. This agreement can occur in transactions which are standard agreements, namely agreements where the existing terms and conditions have been regulated unilaterally by the agreement provider. The standard agreement contained in the agreement in this paylater feature is regulated in Article 1319 of the Civil Code. The legal relationship between the parties concerned is PT. Commerce Finance as a creditor with Shopee Paylater consumers as a debtor based on a loan agreement as stated in Article 1754 of the Civil Code. The legal relationship that exists between PT. Commerce Finance with PT. LDN which is the giver of power of attorney and recipient of power of attorney. This of course makes PT. LDN has the right to distribute funds to the relevant Shopee Paylater users.

Endro Satoto; Zainal Arifin Hoesein

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

To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.

Ester Senov Fitriani Simanjuntak; Ikhsanul Fadly Butar Butar; Lina Adinda Krisma Suci Hutabarat; Muhammad Rifai; Ramsul Nababan

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research aims to analyze legal protection for holders of certified land rights. The research method used is the library study research method by utilizing sources related to the research title through books, journals, notes, previous research, and the like. The research results show factors that cause double certificates, such as inaccuracy and carelessness in the process of issuing certificates by the National Land Agency. The emergence of multiple certificates creates legal uncertainty for the owner and has the potential to cause disputes and losses for both parties. The legal protection obtained by land rights owners who are disadvantaged due to double certificates in the form of cancellation and revocation of related documents which are considered detrimental. From this research, it can be concluded that legal protection for certified land rights holders is important to ensure legal certainty and prevent the occurrence of disputes that harm the owners of land rights

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. 

Isti Puspitasari; Erviyanti Rosmaida; Taufiqurrohman Syahruri

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Decision Number 2205 K/Pd/Sus/2022 The Supreme Court again upheld the acquittal decision of Samin Tan as the owner of PT Beneficial Ownershiprneo Lumbung Energi & Metal (PT BLEM). The panel is of the opinion that the giver of gratification cannot be punished because the Corruption Eradication Law is not designed to punish the giver of gratification even though Samin Tan's position as the giver of gratification is the ultimate beneficiary owner of PT BLEM. The research method used in this research is using normative juridical research methods and using literature study techniques to answer the problems in this research. The result of the discussion of the first problem formulation is that Samin Tan cannot be held criminally responsible because the person giving the gratification is not criminalized under the law even though Samin Tan is the ultimate beneficiary owner who has the potential to commit this act because it is in the interests of his company. The result of the discussion on the formulation of the second problem is that the judge's considerations in the decision did not prioritize a sense of justice and expediency because they only prioritized legal certainty which resulted in Samin Tan being able to escape the demands of the public prosecutor.

Muh Nizar Zulmi; Nur Mohamad Kasim; Dolot Alhasni Bakung

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

The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage  

Faradistia Nur Aviva

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The influence of the theory or understanding of legal positivism and legal utilitarianism affects law enforcement, especially in Indonesia, so that it is known as positive law.  The view of legal positivism in law enforcement is limited to enforcing the sound of laws that emphasize justice in it. Benefit and legal certainty should not be abandoned so that it gives rise to a utilitarianisme view that is more on benefit and legal certainty which is part of law enforcement in Indonesia. That way the author will examine the paradigm between the theory of legal positivism and the theory of legal utilitarianism and how the theory affects law enforcement in Indonesia. These two theories have an influence on law enforcement in Indonesia where legal positivism theory emphasizes justice and legal utilitarianism theory emphasizes legal certainty and expediency. In addition to the benefits of these two theories have weaknesses where the theory of legal positivism is more focused on existing rules while the theory of legal utilitarianism views a psychological approach. So that both of them certainly need the right pull so that the composition of the application in law enforcement in Indonesia can fulfill the principles of law.

Akhsal Rico Faldy; Hariyo Sulistiyantoro

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Every business actor is basically obliged to act in good faith, one of which is as a manifestation of consumer protection. Case in Decision No. 90/Pdt.Sus-BPSK/2021/Pn.Mdn) shows that there are business actors who do not carry out their obligations as they should, namely not having good intentions and not providing information to their consumers. The aim of this research is to explore legal certainty regarding the fulfillment of good faith by business actors in providing information to consumers of postpaid services based on Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. This research method uses normative juridical approaches to statutory, conceptual and case regulations. The research results found that the fulfillment of good faith in this case showed that legal certainty had not been realized. This is because of the legal provisions regarding this matter as regulated in Law no. 8 of 1999 concerning Consumer Protection has not been enforced properly. According to Sudikno Mertokusumo, legal certainty should be realized by implementing legal provisions as they should.

Endang Setyowati; Ana Kadarningsih

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

MSMEs are one of the strengths in economic development in Semarang City, especially in the food sector. However, food MSMEs are the first rank that have not registered a brand. The current rise in imitation and counterfeiting of brands has made legal protection of brands an important requirement in business development. The problem in this research is how to legally protect brand rights for food MSMEs in Semarang City. This research aims to provide knowledge to food MSMEs about legal protection of brand rights so that food MSME businesses can develop with legal certainty. This research uses an empirical normative juridical approach and is descriptive analysis. The results of the research were that the Department of Cooperatives and Micro Enterprises of Semarang City provided free brand registration facilities for MSMEs that were only supported, and many problems were found related to the legal protection of brand rights in the City of Semarang..

Andika Dwi Amrianto

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

The role of judges in forming laws and interpreting statutory texts is important to realize the value of legal certainty. Evidence in criminal justice is an important focus. Especially if there are judges who have different views and apply dissenting opinions in assessing concrete cases, especially criminal acts of corruption. The aim of this research is to analyze the views of two different panels of judges in achieving legal certainty and substantive justice received by the defendant during the criminal justice process. The research method used in this research is normative-empirical research which in collecting data uses literature and observation methods to observe and record the situation and conditions of legal events that occur. The results of this research are that judges' freedom in making decisions often ignores legal certainty due to differences in interpretation, resulting in clear laws becoming unclear and the value of legal certainty not being achieved optimally

Fawaid Fawaid

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

the types of buying and selling transactions and their implementation continue to change and certain types have become a habit of society and are very difficult to avoid without knowing the law. One type of buying and selling transaction that is often practiced is buying and selling sengon wood using a delayed logging system. In this transaction, it appears that one of the parties suffered a loss due to the delay in logging, but this was carried out voluntarily. In this case, the researcher examines the practice of these transactions from the perspective of Islamic law in order to provide legal certainty.