Contracts Commons^™

Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …

Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …

Tinjauan Resi Gudang Sebagai Lembaga Jaminan, Savitri Islamiana Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Warehouse Receipt System is expected as a solution to overcome the fall in commodity Warehouse Receipt System is expected as a solution to overcome the fall in commodity prices at harvest by storing farmers' harvests in the warehouse. The building manager will issue a Warehouse Receipt as proof of ownership of the goods stored as collateral for the debt that can be transferred by the inventory collateral. Therefore, the government Act No. 9 of 2011 concerning Amendment to Law No. 9 of 2006 concerning the Warehouse Receipt System (SRG Law). This research seeks to answer can the warehouse receipt provisions …

Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …

Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup, Puteri Amirillis

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The case of mangrove damage on the South Coast of West Sumatra in 2016-2017 where the defendant was a Deputy Regent who owned land in the Nagari Mandeh area, Pesisir Selatan, West Sumatra. The land was built without an environmental permit. The absence of an environmental permit has emerged because of the mangrove damage. This paper focuses on the absence of environmental permits because there is no stipulation on the types of businesses that are required to have UKL / UPL which should be stipulated by a regional regulation (Perda) by the Regional Government of the Pesisir Selatan Regency. This …

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …

Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia, Prima Anindya Kartika

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Social security system is made to actualize prosperity, welfare, and justice to Indonesian society. When Law No. 24 Year 2011 published, the existence of social security system cause discrimination, especially for government employee, because the healthcare security is merged. Moreover, the other insurance is also going to be merged with other sector such as private sector, businessman or investor, even an unemployment. It is stated in Article 65 Law No. 24 Year 2011, that PT ASABRI and PT TASPEN (PERSERO) which is now manage the pensions and retirement benefits of military and civil servants the transfer the program of Insurance …

Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara, Nur Ghenasyarifa Albany Tanjung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Corruption is an extraordinary crime because it touches various lines of life. One of the fundamental elements in corruption is the loss of the country's economy and finance. So far, various efforts have been made for criminal law enforcement, through various criminal sanctions, as well as the existence of an independent institution specifically tasked with conducting criminal law enforcement. However, corruption continues to be massive in Indonesia, which will also affect state losses. This article will discuss the causality of law enforcement on corruption against state financial stability. There is a causality between law enforcement of criminal acts which has …

Perlindungan Bagi Umkm Terhadap Persaingan Usaha Tidak Sehat, Nadia Feby Artharini

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal discusses the protection of Micro, Small and Medium Enterprises (MSMEs) against unfair business competition. This research uses literature study on secondary data. The result of the research is the identification of regulations regarding unfair business competition, especially for MSMEs. Regarding the protection for Micro, Small and Medium Enterprises or MSMEs against unfair business competition, there are several aspects, namely the reasons why protection for Micro, Small and Medium Enterprises or MSMEs should be held against unfair business competition and the form of protection provided by the KPPU to MSMEs in unfair business competition.

Keywords: UMKM, protection, unfair business …

Analisis Sistem Pemilihan Umum Noken Di Provinsi Papua Dalam Prinsip Demokrasi Dan Sistem Hukum Nasional, Muhammad Malikul Lubbi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Nokensis the name of a typical Papua bag. But in matters of elections or local elections, noken is a system. There are two patterns used in this system. The first pattern, the choice of votes of all members of the tribe, is represented by the respective chiefs. The second pattern, noken functions as a substitute for the ballot box. Where the voters' ballot papers are put in noken are hung according to the number of parties or pairs of candidates. This practice has received sharp criticism from many parties since it was implemented separately in a number of districts. The …

Penanganan Situs Internet Bermuatan Negatif Menurut Undang Undang Nomor 11 Tahun 2008 Dan Peraturan Menteri Komunikasi Dan Informasi Nomor 19 Tahun 2014, Muhammad Farhansyah Hamid

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discuss about the concept of a internet sites that is defined to be negative and how’s the Indonesian law regulates it, and about the mechanism of negative site handling based of peraturan menteri komunikasi dan informasi nomor 19 tahun 2014. Furthermore, it will be discussed about the human rights to have access to the information and how negative content handling related to it. This legal research uses normative juridical approach with secondary data from national, regulations, books, and interview with sources. The result of this research is that content handling is so related to limitation of human rights …

Tugas Dan Wewenang Lembaga Manajemen Kolektif Nasional Berdasarkan Undang-Undang Hak Cipta, Muhammad Faisal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright Law No. 28 Year 2014 is bringing hope for the Creator, Copyright Owner, and Related Right Owner because this law regulated about National Collective Management Organization and Collective Management Organization where with those organizations the process of collecting and distributing the Royalti is hoped to be better where finally the Creator, Copyright Owner, and Related Right Owner do not have to think over about their economical right (royalty) and they can more focus on their new works. This writing is discussing the task and authority of the National Collective Management Organization and Collective Management Organization, how to form a …

Pembaharuan Hukum Atas Hak Cipta Di Indonesia, Lucky Adhandani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright in this era of globalization is an important commodity for international trade, but violation in copyright in Indonesia still very high, for the good legal guarantees for copyright holders and related rights holders, this legal reform is a matter the important thing is to be able to explain legal reform, The author in this case takes a review of sociological jurisprudence as a basis for researching legal reform. With interdisciplinary research methods, the sociological jurisprudence sees law not merely as a normative phenomenon but at the same time normative and sociological phenomena, because the reality of law in society …

Perlindungan Hukum Bagi Investor Dalam Pelaksanaan Transaksi Saham Dengan Sistem Perdagangan Online Trading, Indira Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper analyzes the mechanism of transactions with online trading systems and protection of investors in online trading transactions, specifically in stock trading. The growth of online trading shows us a method of stock trading that is suitable in the technology development era where technology is used as a vital point for financial transactions. Legal protection of investors in the implementation of online trading systems, specifically in stock trading has been regulated in some regulations but still not comprehensive. In addition to the OJK Law which regulates the protection of investors in a preventive and repressive manner, the Capital Market …

Komparasi Pengalihan Objek Jaminan Fidusia Dalam Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Dan Fatwa Dsn-Mui Nomor 68/Dsn-Mui/Iii/2008, Ibnu Iyadh

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Fiduciary institutions were born with the background of fulfilling the increasing and developing needs of the community and the many shortcomings of institutions that were previously the only institutions in fulfilling the needs of the community. which results in a person being unable to continue paying their debts, so that a debt transfer is carried out, among others, namely after paying a down payment of two or three installments in the first month, the debtor is not willing to pay the remaining installments on the grounds that he only wants to experience new goods and, due to frequent defaults committed …

Kewenangan Inspektorat Jenderal Kementerian Pendidikan, Kebudayaan, Riset, Dan Teknologi Dalam Melakukan Pengawasan Intern Terhadap Pengelolaan Dana Bantuan Pemerintah, Handoyo Priyadi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the goals of the state as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to educate the life of the nation. In the context of achieving the goals of the state, there are various programs in the field of education and culture which are implemented in various ways and mechanisms, one of which is through the government assistance mechanism allocated to the Ministry of Education, Culture, Research, and Technology. In order to ensure that the implementation of the program with the government assistance mechanism can run well in accordance with the predetermined …

Perlindungan Hukum Terhadap Virtual Model (Cad Files) Untuk 3d Printing Ditinjau Dari Perspektif Hak Cipta Dan Tentang Desain Industri, Gusti Karina Saraswati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The existence of 3D Printing and CAD Files has great potential to conflict with the protection of intellectual property rights, especially copyright and industrial design. It is undeniable that in the future this technology will flourish in Indonesia. 3D Printing can change the market ecosystem where people are not selling products but selling virtual models (CAD Files). This ecosystem will have an impact on designers and companies, so they will try to protect their CAD Files from modification and copying by other parties. The legal problem of this research is to answer the question of the form of protection for …

Perbandingan Bentuk Hukum Perusahaan Perseroan Negara Indonesia Dan Brunei Darussalam, Gilang Prabowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Limited Liability Company is a legal entity established under an agreement, carrying out business activities with authorized capital which is entirely divided into shares and fulfills the requirements stipulated in the law of limited liability companies and their implementing regulations. Research with a normative juridical approach that is descriptive begins with the regulation of limited liability companies, establishment, and organs contained in limited liability companies in Indonesia and comparison with the state of Brunei Darussalam. The purpose of this paper is to make Comparative Regulations governing the Indonesian state-owned companies with Brunei Darussalam.

Keywords: company; limited company; regulation; Indonesia; …

Percepatan Pelayanan Perizinan Berusaha Dalam Rangka Potensi Peningkatan Investasi Sektor Sumber Daya Alam: Pertanian, Farid Anfasa

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research discusses about licensing is a policy instrument of the government to control negative externalities that may be caused by social or economic activities. License is also an instrument for legal protection for the ownership or operation of activities. The Acceleration of Business Licensing Services in Indonesia is still far from ideal as expected by business people. Seeing this fact, there is a need to change the service paradigm, especially investment licensing services, so that investment licensing procedures can be created that can be categorized as cheap, fast and clear in accordance with predetermined public service standards. Therefore the …

Mengkaji Kepastian Hukum Dan Perlindungan Hukum Terhadap Investasi Di Indonesia Melalui Lembaga Perizinan Online Single Submission (Oss), Eldbert Christanto Anaya Marbun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

To drive the national economy, investment is one of the main driving factors that the Government of Indonesia continues to maintain and grow. Various efforts have been made by the Government so that investment can flow rapidly into Indonesia, both PMA and PMDN. One of these efforts is to build a new electronic-based licensing system. Based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services or often referred to as OSS, licensing services are made easier. Through the OSS system, licensing for undertaking and investing is simplified. The bureaucracy and lengthy licensing requirements that have been …