Perlawanan Pihak Ketiga Sebagai Pemilik Benda Terhadap Benda Yang Dijadikan Jaminan Fidusia Tanpa Persetujuan Pemilik Benda (Studi Kasus: Putusan Mahkamah Agung 1012 K/Pdt/2021), Aditya Nabilah Lubis

Lex Patrimonium

Property rights that have been specifically and comprehensively regulated in the Civil Code in Indonesia give the impression that the principle of property rights has been perfectly regulated, but in practice there are still gaps in the owner's rights to objects that are guaranteed not being protected properly. This thesis will discuss the problems caused by objects that are used as fiduciary guarantees in a credit agreement without the knowledge of the owner of the object (by committing fraud) as well as legal protection that can be given to the owner of the object and creditors who receive fiduciary guarantees …

Analisis Terhadap Kesepakatan Lisan Untuk Menjalankan Waralaba Sesuai Dengan Perjanjian Waralaba Yang Telah Berakhir (Studi Kasus Putusan Nomor 52/Pdt.G/2019 Jo. Putusan Nomor 396/Pdt/2021/Pt Dki, Fahira Zahara Ghassani

Lex Patrimonium

Franchising is a business system that makes it easy for entrepreneurs to expand their marketing. Therefore, before running a franchise business, the parties must make a franchise agreement that aims to protect the interests of the parties properly. A franchise agreement made in written form can be the basis or evidence if one of the parties defaults. However, there are still franchise businesses that make agreements in the form of unwritten or verbal actors, even though PP 42/2007 and Permendag 71/2019 require written agreements. This is what becomes between the franchisor and the franchisees involved in the franchise business as …

"Pemanfaatan Barang Milik Daerah Kabupaten Penajam Paser Utara (Studi Kasus Penyerahan Pengelolaan Sisi Darat Pelabuhan Buluminung)", Melindya Santoso Putri

Lex Patrimonium

The Regent as the Regional Head in the North Penajam Paser Regency should carry out Regional Property Management (BMD). With the existence of five forms of utilization in the form of rental, borrowing, utilization cooperation, building to handover or building handover, and cooperation in providing infrastructure based on PP 27/2014, PP 28/2020, Permendagri 19/2016, Pemda Penajam Paser North 11/2018. A port is a place consisting of land and or waters with certain boundaries as a place for government and company activities. There is a legal problem, namely in the transition of the Management of the Land Side of the Buluminung …

Perbandingan Hukum Pemutusan Surat Kuasa Secara Sepihak Antara Indonesia Dan Belanda Sebagai Bentuk Wanprestasi (Studi Putusan Nomor 704/Pdt.G2017/Pn.Mdn), Karsten Maruli Rogate Hutauruk

Lex Patrimonium

The power of attorney agreement is commonly found in dealing with a legal problem that carried out by the community, both in Indonesia and the Netherlands. In Indonesia the Power of Attorney Agreement, is regulated in Articles 1823 and 1814 of the Book of Civil Law which states that the Principal could revoke power of attorney at any time, but turns out that in practice there is Power of Attorney that can not be revoked called Irrevocable Power of Attorney. Regulated in the Instruction of the Internal Affairs Minister No. 14/1982 and Government Regulation No. 24 of 1997 that regulate …

Analisis Pencantuman Klausul Kompensasi Dalam Perjanjian Perkawinan Sebagai Implementasi Asas Kebebasan Berkontrak, Dinda Ramadhani

Lex Patrimonium

Marriage agreement is commonly recognized by the society nowadays. Article 29 Subsection (2) of Indonesian Marriage Act only regulate a limitation that the content of marriage agreement can not violate the law, religion, and ethics. There are different kind of opinions regarding whether marriage agreement can only regulate regarding matrimonial assets in accordance with Indonesian civil code or it can regulate in every aspect as long as it does not cross the limitation set by Article 29 Subsection (2). This research analyses about the inclusion of compensation clause in marriage agreement as an implementation of freedom of contract principle. Method …

Pewarisan Akun Digital, Nicolas Mario Gunawan

Lex Patrimonium

The rise of digital growth in this era of globalization has shown the need for adjustments in existing law in society, in relation to problems that may arise from said digital growth. One growth that can be said to have happened rampantly can be seen in the law of property, which has to face a lot of new additions that came due to digital growth, for example in bitcoins, MP3 Files, among many other things. Within said property, there is an item that are of interests due to the uniqueness of it, which is an account. Such uniqueness comes from …

Analisis Perbandingan Hukum Mengenai Tunjangan Pasca Perceraian Di Indonesia, Richard Daniel

Lex Patrimonium

Divorce, one of the many causes of the end of a marital relationship, brings an impact towards the parties bound in the marital relationship, specifically in the economic conditions.Of the many divorce cases present, the wife in the relationship more often experiences economic hardships, due to the fact that their livelihood during the marriage was provided by the husband. Hence, to prevent condition whereas one of the former spouses being burdened because of divorce, it is necesarry to have defined law regarding spousal maintance after divorce. This thesis discusses the law of spousal maintance in Indonesia and compares it with …

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Implementasi Pemusnahan Polychlorinated Biphenyls (Pcbs) Di Indonesia, Florentinus Binsar Tumindi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

This thesis discusses the Implementation of Polychlorinated Biphenyls Elimination in Indonesia. PCBs have a harmful impact on human health and the environment. PCBs are found in many transformers and capacitors. In 2028, PCBs must be destroyed by Indonesian Government. International trade allows the export-import of PCBs based on the General Agreement on Tariffs and Trade (GATT) with the aim of destroying PCBs between countries, with due respect of Article 20 letter ‘b’ of the GATT or what is called environmental exception. The destruction of PCBs can be done through 2 (two) methods or technologies, …

Analisis Wechat Pay & Alipay Sebagai Financial Technology (Fintech) Dari China Yang Telah Resmi Beroperasi Di Indonesia, Farisa Alifah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The development of technology innovation has played a major role in the implementation of payment system services. The rapid development of the industry and increasing public adoption of smartphones in Indonesia encourage technology and financial companies to use technology as a payment intermediary. This makes mobile payment services as a new payment alternative for the community. Electronic Money is one of the non-cash instruments that is steadily increasing because of its small, fast, and massive value characteristics that make it the preferred payment instrument for the public.This also encourages the development of the electronic trading business (e-commerce) and financial …

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia – Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

In 2014, Indonesia implemented measures relating to the importation of horticultural products, animals and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyze whether the panel and appellate body decision in the case of Indonesia - Importation of Horticultural Products, Animals and Animal Products is in accordance with the provisions contained in the WTO legal framework. Indonesia’s policies cannot be justified under WTO legal framework, though there are some exceptions of the quantitative restriction provision.

Keywords: Indonesia, WTO, Import, Licencing, Quantitative Restriction

Analisis Yuridis Pembukaan Rahasia Bank Untuk Kepentingan Penegakan Hukum Tindak Pidana Korupsi Yang Ditangani Oleh Komisi Pemberantasan Korupsi, Erwin Sasmita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Bank is a financial intermediary institution that collects funds from the public and distributes them. So that a relationship of trust arises between the public and banking institutions called bank secrecy where everything that is known to the bank about its customers will be kept confidential and not disclosed to anyone except for the applicable laws and regulations. Corruption is an extraordinary crime where the perpetrator usually aims to obtain assets, one of which is money deposited in a bank either on behalf of the perpetrator of corruption or close people who are trusted to deposit the treasure. When …

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

Abstract

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 …

Konsep Pemberian Hak-Hak Anak Hasil Pernikahan Beda Agama] (Studi Kasus Di Kecamatan Tebet Dan Kecamatan Cilandak Tahun 2021), Diaz Satya Admiral

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

An interfaith marriage is a rare case that happens in Indonesia. However, the case comes about based on love and affection. In this case, the researcher wants to discuss how Islam views the fulfillment of children's rights as an interfaith marriage result. Besides, the researcher also wants to reveal how the point of view of the Indonesian statute guarantees all the children's needs. A researcher is also inclined to know how the reality in the field is especially in fulfilling the children's rights whether it runs appropriately. Meanwhile, this study uses a narrative descriptive qualitative approach. In this case, …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime …

Penerapan Doktrin Piercing The Corporate Veil Terhadap Negara Pada Holding Badan Usaha Milik Negara, Deny Adi Pratama

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The lack of norm in which created to specifically regulate in regards to group company's conception in Indonesia provoke several problems. The policy on establishing holding BUMN in Indonesia only supervised by Government Regulation Number 72 Year 2016 concerning Change of Government Regulation Number 44 Year 2005 regarding Procedure of Participation and Administration Funds upon State-Owned Enterprises and Limited Liability Company. However, the provision which becomes the legal basis underlying BUMN and Limited Liability Company are supervised upon regulation equals to act. Those of which cause a contradiction amongst both provisions of laws and regulation. The rights and obligations …

Analisis Peraturan Dalam Bidang Penyiaran Televisi Konvensional Dan Penyediaan Layanan Aplikasi Dan/Atau Konten Melalui Internet Over The Top Dalam Perpektif Persaingan Usaha Yang Adil, Billy Nikolas Simanjuntak

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The use of the internet has shifted society habits. Broadcasts that are usually enjoyed through conventional TV are slowly shifting to private broadcasting services based on digital applications or Over the top (“OTT”). This change in habits also changes the market share of Conventional TV service providers and OTT broadcasters. The number of users of OTT services has increased significantly. Despite having the same function, OTT service in principle has a different character from conventional TV. Differences in regulations are a logical consequence of differences in principles and characters even though they have the same function. The difference in …

Analisis Sewa Rahim (Surrogate Mother) Menurut Hukum Perdata Dan Hukum Islam, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Uterus rent (Surrogate Mother) appeared due to the process of modernization, But due to the process of renting the uterus then problems arose in the field of law and religion. From the problems that arise due to the practice of renting the uterus, it is necessary to study that discusses the rental of the uterus according to Islamic law. Problems in this study are the reasons that are allowed or not allowed to perform uterine lease as well as the legal status of children born through uterine lease according to Islamic law. The results of research and discussion show …

Perbandingan Tanggung Jawab Dewan Pengawas Syariah Di Bank Syariah Indonesia Dengan Bank Syariah Di Malaysia, Adhitya K Poundrianagari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The completion of sharia principles and compliance on Sharia Bank are important in running and operating a business of sharia banks. Therefore, roles and responsibilities of Sharia Supervisory Board on Sharia Banks (Dewan Pengawas Syariah, DPS) shall be regulated and well implemented considering every business activity of Sharia Banks must comply with Sharia principles. Currently, supervision duty performed by DPS already well regulated and performed by DPS on Indonesian Sharia Banks, however, it needs to be improved compared to the other country. This journal focused on the study regarding the comparison of responsibilities between DPS on Indonesian Sharia Banks …

Menakar Sistem Online Single Submission Dalam Pp Nomor 24 Tahun 2018 Sebagai Perwujudan Perlindungan Lingkungan, Ade Juang Nirboyo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

License is an instrument of environmental resource management. Law No. 32 of 2009 on Environmental Protection and Management (UU-PPLH) states that environmental permits are integration of various previously separate permits. In order to accelerate licensing including the environmental sector, the government issued PP Number 24 Year 2018 on Electronically Integrated Business Licensing Service (PP OSS). The PP is published in the frame of reorganization of the One Door Integrated Service (PTSP) system through the Online Single Submission (OSS) system. However, with the presence of PP OSS does not transfer the authority and responsibility of issuance to OSS Institutions because …

Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi

Jurnal Hukum & Pembangunan

Share waqf is holding one or more shares owned by wakif in a company that is engaged in a field that is permitted under sharia, the profits of which are used according to the purpose of waqf both for public and private in the framework of worshiping Allah SWT. The regulation of share waqf in Indonesia is still incorporated in the provisions of waqf in general. The existence of this regulation is the result of ijtihad by Indonesian ulama who adjusts to the needs and current social conditions. Shares in Islamic law are categorized as a form of Syirkah. The …

Pemenuhan Hak Konstitusional Untuk Warga Negara Indonesia Melalui Program Perhutanan Sosial, Yusuf Adiwinata Damanhuri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Social Forestry as a forest management system based on the independence and participation of local communities, ensuring the participation of the community's direct role in forest development can provide maximum benefits to local communities and indigenous peoples. Indonesia, as one of the countries that began to initiate social forestry programe, through the ministry of Environment and Forestry of the Republic of Indonesia, has provided legal certainty for the local community and indigenous people to obtain forest access as requested. Various types of social forestry schemes, namely Village Forests, Customary Forests, Community Plantation Forests, Community Forests, Community Forests, and Forestry Partnerships …

Tinjauan Yuridis Perbuatan Melawan Hukum Terhadap Cacat Badan Di Indonesia, Yulianto Manurung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the categories of acts against the law stipulated in Article 1365 to 1380 of the Civil Code is an unlawful act that causes bodily defects as stipulated in Article 1371 of the Civil Code What often causes problems in practice is the calculation of the amount of material compensation that must be given to victims who have disabilities as a result of unlawful acts because the Civil Code does not provide clear and complete benchmarks regarding this matter. Arrangements regarding compensation to victims of acts against the law especially those that cause bodily disabilities for the victim have …

Indikasi Predatory Pricing Pada Praktik Perang Harga Antara Pelaku Usaha Financial Technology (Fintech) Ditinjau Berdasarkan Hukum Persaingan Usaha Di Indonesia, Yohanna Ameilya Panjaitan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The rapid development of the digital world has opened wider networks for the formation of the global economy, which has also led to the emergence of various business transactions involving many financial technology-based financial companies (Fintech), which provide services similar to banking functions. Fintech is expected to drive the industrial revolution in the form of online digital technology, which is based on new technology that will change the entire production and management chain in each branch of industry. The Fintech company is growing rapidly and significantly in Indonesia, where the Fintech sub-sector is seen to flourish, namely lending and e-wallet …

Tinjauan Yuridis Peran Pt Kliring Penjaminan Efek Indonesia Sebagai Central Counter Party Untuk Transaksi Derivatif Suku Bunga Dan Nilai Tukar Over The Counter, Yofi Satriya Wijaya

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The role of the Central Counter Party (CCP) in financial transactions, especially in the derivatives market, is the concern and commitment of G20 member countries including Indonesia to be implemented due to the global crisis in 2008-2010. Derivatives have an important role as an alternative investment and funding as well as hedging for investors against the risk of changes in the price of financial assets that can’t be predicted so that puts investors in a loss position. However, derivatives can also have a negative impact if the implementation is done improperly so that it has an impact on financial stability …

Penanganan Dan Penyelesaian Unclaimed Assets Di Pasar Modal Indonesia, Yanu Suwandika Menoadji

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In other countries, the handling and settlement of Unclaimed Assets has been regulated separately in an Act. In Indonesia, the handling and settlement of Unclaimed Assets has been regulated in the Civil Code (KUHPerd), including the regulation regarding Afwezigheid, namely the handling of property of someone who has left his domicile and whose existence is unknown and does not give power to any party to take care of the treasure. However, the provisions in the KUHPerd do not have economic value for related parties if applied in the Capital Market industry. One of the things that takes precedence in handling …