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Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Since ennacted of Law Number 10 Year 1998 concerning Amendment of Law Number 7 Year 1992 concerning Banking, which regulates banking activities based on sharia principles, the new era of growth of regulations in the financial services sector, not just in the banking sector, but also in the field of non-bank financial services. The enactment of Islamic financial laws and regulations takes place rapidly from year to year. The legal policy of establishment laws and regulations in the field of Islamic financial services is to make Islamic law in the field of financial services become a positive norm so that …

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …

Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …

Efektivitas Alat Bukti Dalam Pembuktian Suatu Perjanjian Lisan, Aaron Pietter

Lex Patrimonium

Verbal agreement is something that cannot be separated in our daily life. It is confirmed that in every moment we always make a verbal agreement consciously or unconsciously. Within the scope of the court, verbal agreement is also used by the parties to prove their arguments so they can earn their rights and fullfill the other party obligations. Compared to the other type of evidence, verbal agreement have its own power and effectiveness level when being used as a legitive evidence before the court. To observe about the application and effectiveness of a verbal agreement as a legitive evidence before …

Perlindungan Hukum Bagi Kreditur Dalam Eksekusi Perjanjian Kredit Dengan Jaminan Hak Tanggungan, Muhammad Affandi

Lex Patrimonium

One of the guarantees in the credit agreement is a mortgage guarantee, where in the mortgage guarantee agreement, the assets guaranteed by the debtor to be used as collateral are land rights which can be in the form of buildings, plants, and works that already exist or will exist which are one unit with the land, and which belongs to the holder of the land rights whose burden is expressly stated in the Deed of Granting Mortgage concerned. From this study, the author aims to examine how legal protection for creditors in the execution of credit agreements with collateral rights …

Perlindungan Hukum Kreditur Terhadap Peralihan Jaminan Hak Tanggungan Dalam Jual Beli Piutang Melalui Cessie (Studi Kasus: Putusan Pengadilan Negeri Nomor 79/Pdt.G/2019 Pn Tab Dan Putusan Peninjauan Kembali Nomor 754 Pk/Pdt/2011), Vanessa Maurizkha

Lex Patrimonium

Banks act as creditors for selling receivables through a cessie to credit. Problems that arise after the transfer of receivables are identical to the relevance of the validity of the cessie to the mortgage guarantee transfer stipulated in the main agreement. There are differences in the legal concequences in each conditions. The problems discussed in this research are the mechanism through a cessie in conventional banks according to Indonesian law, the development of the regulation on registration of transfer of mortgage, and the legal consequences of the act (cessie) on objects of mortgage guarantee based on the District Court Decision …

Tinjauan Yuridis Pengesahan Anak Luar Kawin Yang Dicatatkan Setelah Ayah Dari Anak Meninggal Dunia (Studi Kasus: Penetapan Pengadilan Negeri Jakarta Pusat Nomor: 36/Pdt.P/2020/Pn.Jkt.Pst.), Devina Delfian

Lex Patrimonium

The birth of a child from an unregistered polygamous marriage according to the prevailing laws is a juridical phenomenon that cannot be denied. As the part of legal events, unregistered polygamous marriages can bring further legal consequences to children born out of wedlock, which in law children born out of wedlock have a lower position than children born from legal marriages. Because of these differences, the law provides a solution for children born out of wedlock to have the same legal status as children born from legal marriages, namely through child legalization. This research will be continued by focusing on …

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 …

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 …

2021 Surveys Of Rhode Island Law

Roger Williams University Law Review

No abstract provided.

Sexual Agreements, Susan Frelich Appleton, Albertina Antognini

Scholarship@WashULaw

Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution—defined as an exchange of sex for money—has long been a crime, a point that courts often make in declining to enforce agreements between unmarried partners. In fact, courts routinely invalidate contracts when sex forms the basis of a couple’s bargain, whether married or not, and whether the sex is explicit or inferred from the relationship itself. A closer look at the legal treatment of sexual agreements, however, tells a more complicated story. Although courts reject sex as consideration for being “meretricious” or …

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell

Child and Family Law Journal

No abstract provided.

Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett

Child and Family Law Journal

No abstract provided.

Perjanjian Kawin Selain Mengenai Harta Perkawinan Berdasarkan Asas Kebebasan Berkontrak (Studi Banding Dengan Negara Amerika Serikat), Raisa Fatnisary

Indonesian Notary

Penelitian ini membahas mengenai perjanjian kawin berdasarkan asas kebebasan berkontrak dengan pembanding negara Amerika Serikat. Pada dasarnya perjanjian perkawinan dapat merupakan sebuah solusi dari permasalahan yang mungkin dihadapi oleh suami atau isteri dalam menjalankan kehidupan perkawinan, terutama mengenai harta benda mereka. Kondisi masyarakat yang makin demokratis dan kritis membuat perjanjian kawin mengalami perkembangan. Isi yang diatur di dalam perjanjian kawin tidak hanya mengenai harta benda perkawinan, namun dapat juga seperti pembagian biaya keluarga, penyelesaian perselisihan dalam rumah tangga, kebiasaan mengoleksi barang langka yang tergolong mahal, hingga mengatur terhadap profesi masing-masing calon suami istri selama perkawinan berlangsung. Negara Amerika Serikat merupakan …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell

FIU Law Review

No abstract provided.

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh

Pepperdine Law Review

When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest is couched …