Private Law

Kedudukan Perkawinan Beda Agama Yang Telah Di Catatkan Ditinjau Dari Undang-Undang Nomor 1 Tahun 1974 Dan Kompilasi Hukum Islam

Annisa Nailis Saadah, Sahruddin Sahruddin , M. Yazid Fathoni — Tue, 27 Jun 2023 00:00:00 +0000

This study aims to analyze the position of registered interfaith marriages in terms of Law Number 1 of 1974 and the Compilation of Islamic Law. The type of this research is normative legal research. Then the approach used is a statutory, conceptual, and an analytical approach. Sources of legal materials are obtained from existing legal materials, which are legislations and court decisions. Based on the results of the research, the position of interfaith marriage that has been registered in terms of Law Number 1 of 1974 and the Compilation of Islamic Law is illegitimate because it does not meet the provisions of Article 2 paragraph (1) of the Marriage Law as a criterion for the validity of marriage. The interfaith marriage has consequences on (1) the status and position of the child, which is illegitimate, (2) the religious status of the child is the responsibility of both parents, (3) non-Muslim heirs are entitled to inheritance property given through mandatory wills, (4) joint property of interfaith marriages is divided based on the consent of husband and wife, and (5) the breakup of interfaith marriages is carried out by filing a marriage annulment application through the district court.

Hak Waris Transgender Menurut Hukum Positif Di Indonesia

Aurelia Lulu Heny Salsabila, Fatahullah Fatahullah, Diangsa Wagian — Tue, 27 Jun 2023 00:38:55 +0000

There will surely be new legal challenges as a result of the existence of transgender people in society who are granted judicial recognition of their gender identity, including inheritance law. In order to investigate how transgender people fit into Indonesia's inheritance system and examine the distribution system, this study on transgender inheritance rights according to positive legislation in Indonesia was conducted. This is due to the fact that Indonesian laws and regulations do not yet clearly address transsexual inheritance rights.In this study, legal research and conceptual analysis were combined as part of the research technique. The method of data collecting includes an examination of the literature. Qualitative analysis was the technique employed in this study to examine legal texts. The research's conclusions show that, following the local customary ceremony, a transgender person's inheritance rights and entitlements under customary law will be acknowledged. However, under Islamic law, transgender people are eligible for inheritance if their gender transition is founded on legitimate Islamic justifications. While under civil law, transgender people's inheritance rights are unaffected by their gender.

Pencatatan Perkawinan Beda Agama

Dewi Andriani, Sahruddin Sahruddin, M. Yazid Fathoni — Tue, 27 Jun 2023 00:39:44 +0000

This study's purpose is to determine the regulation of interfaith marriages, the judges' legal considerations determine, the position of children in interfaith marriages. This research is a normative legal research method. The results of this study: 1) The regulation for interfaith marriages, namely the Civil Code, HOCI, Staatsblad No.158/1898, Act Number 1 of 1974 concerning Marriage, Presidential Instruction No. 9 of 1991 concerning Islam Law Compilation, Supreme Court Decision Jurisprudence No.1400/K/Pdt/1986, Constitutional Court Decision No. 68/PUU-XII/2014. 2) The judge's legal consideration is that the applicant has married at the Nusantara Christian Church based on Article 2 Paragraph (2) of Act Number 1 of 1974 and Article 99 KHI. 3) The children resulting from interfaith marriages is an illegitimate children based on Article 42 of the Act Number 1 of 1974 and Article 99 KHI.

Tinjauan Yuridis Tentang Alasan Perceraian

Rindang Suci Amalia, Fatahullah Fatahullah, Eka Jaya Subadi — Tue, 27 Jun 2023 00:42:18 +0000

This research purposes are to know judge’s consideration of decision for case number 1258/Pdt.G/2020/PA.Pra whether has been in line with the applicable regulations and also to know the legal consequences of divorce towards “hadhanah” children rights. This research applied normative legal method. Results of the study show that judge granted the divorce request according to the Art 19 Law Number 1 of 1974 on Marriage jo. Art 19 Number 9 Government Regulation Number 1975 jo Art 11 letter (f) Islamic Compilation Law. Legal consequence of the divorce towards children rights are fall under the parents especially the father until the child is mature.

Pelaksanaan Perjanjian Antara PT. Garda Lintas Sarana Dengan Pengguna Jasa

DIMAS WAHYU PUTRA, H. Zaenal Arifin Dilaga, Fatria Hikmatiar Al Qindy — Tue, 27 Jun 2023 00:44:46 +0000

This study aims to explain the implementation of the agreement between Garda Express Mataram and service users based on contract law and find out the responsibility of Garda Express Mataram for the loss of goods sent by service users. This study uses a type of normative and empirical research using the statutory approach (Statute Approach), conceptual approach (Conceptual Approach), and sociological approach (Sociological Approach). The data collection technique used was field research and library research. The results of research in the field indicate that there are legal issues that occur in the process of delivering goods to service users or consumers, while the company's efforts to resolve them are replacing lost consumer goods by replacing a maximum of 10 (ten) times the cost of shipping goods or the price of goods taken from the lowest value if the loss is caused by the negligence of the officer.

Pelaksanaan Perjanjian Kredit Dengan Jaminan Hak Tanggungan Pada PT. BPR Danayasa

Desak Made Widyaswari, H. Zaenal Arifin Dilaga, Allan Mustafa Umami — Tue, 27 Jun 2023 00:51:22 +0000

This study aims to determine the procedures for implementing a credit agreement guaranteed by Mortgage, and the obstacles in implementing a credit agreement guaranteed by Mortgage at BPR Danayasa Ltd. The method used in this study is Normative-Empirical, which is carried out by researching and processing existing facts with field observations and then studying them to solve problems. Based on this research, it is concluded that the procedure for implementing credit with Mortgage guarantees starts from filling out the credit application file by the prospective customer to the final process, namely the granting of a Mortgage, obstacles in implementing credit agreements with Mortgage guarantees including juridical and non-juridical obstacles, settlement of non-performing loans, namely approach to the debtor and sell debtor collateral.

Tinjauan Yuridis Pelaksanaan Perjanjian Jual Beli Bahan Bangunan Antara PT. Bale Citra Lestari (Depo Jaya Bangunan) Dengan Kontraktor

Ni Putu Wimas Lestari Dewi, Lalu Hadi Adha, M. Yazid Fathoni — Tue, 27 Jun 2023 00:56:14 +0000

The purpose of this study is to find out the implementation and obstacles of the sale and purchase agreement of building materials between PT Bale Citra Lestari (Depo Jaya Bangunan) and the contractor providing building materials. The type of his research is normative-empirical legal research. The results indicated that PT Bale Citra Lestari (Depo Jaya Bangunan) and the contractor conducted (made) a written non-standard sale and purchase agreement for building materials based on the trust of the parties and only had a note or invoice as proof of payment. The contractor bought some building materials using a term payment system, but until now the contractor has not paid the remaining terms due to several obstacles outside the agreement that has been contracted, so the contractor is in default.

Penyelesaian Hukum Kredit Macet Akibat Pandemi Covid-19 Di PT. Finansia Multi Finance (Kredit plus) Perspektif Hukum Perdata Indonesia

Didin Saprudin, Lalu Hadi Adha, Mohammad Irfan — Tue, 27 Jun 2023 00:57:50 +0000

This study aims to explain the legal settlement of bad loans due to the Covid-19 pandemic from the perspective of Indonesian civil law and efforts can be made by PT Finansia Multi Finance (Kredit plus) due to defaults. This research uses a type of normative research that uses a statutory approach and a conceptual approach. The results of the study determined that there are two ways of resolving disputes concerning bad loans, namely litigation, and non-litigation. If these methods cannot achieve a win-win solution or a solution that takes into account both parties, the judge must make a verdict to decide the winning party and the losing party. Dispute settlement has had a strong legal basis since the issuance of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.

Implikasi Hukum Hak Waris Anak Berkewarganegaraan Ganda Akibat Perkawinan Campuran

Arya Rizky Safitra, Aris Munandar, Hera Alvina Satriawan — Tue, 27 Jun 2023 01:00:44 +0000

The purposes of this study were to know whether double citizenship child has the rights to be heir of Indonesian citizenship parent who died according to Indonesian inheritance law, and to know whether foreign citizenship child has the rights to be the heir of Indonesian citizen. Type of study was normative legal approach which applied conceptual and statute approaches. Results of the study show that, are: (1) double citizenship heir remain hold their rights to inherit from Indonesian citizens who died, based on “adat” law, Islamic law and civil law. (2). However, foreign citizen children unable to get immovable object (land) due to the provision in Art 21 Law Number 5 of 1960 on Basic Agrarian.

Perjanjian Kerjasama Antara Masyarakat Pengelola Wisata Dengan Pemerintah Desa Bonjeruk Kecamatan Jonggat Kabupaten Lombok Tengah

Indah Pratiwi, H. Zaenal Arifin Dilaga, Eka Jaya Subadi — Tue, 27 Jun 2023 01:02:15 +0000

This study analyzes 2 problems, namely how to implement the cooperation agreement between the tourism management agency and the Bonjeruk village government, then what are the legal consequences if there is a default in the cooperation agreement between the tourism management agency and the Bonjeruk village government. The type of research used is the normative-empirical legal research method. The legal data approach uses a statute approach, a conceptual approach, and a sociological approach. The results of the study and analysis are that the village government provides financial assistance in cash in the amount of Rp. 78,000,000, - to the managing community in 2020 to develop a tourism business, especially in the Bonjeruk bamboo market. The tourism manager is obliged to pay a sum of money as a contribution to the village government of Rp. 6,000,000 per year for village development. The legal consequence that occurs in the implementation of this agreement is that the agreement does not need to be a lawsuit for null and void the agreement to the judge, but by itself, it is null and void by law, in this case, default is a requirement for cancellation.

Analisis Yuridis Pengesahan Perkawinan Beda Agama Dalam Putusan Nomor 916/PDT.P/2022/PN.SBY

Detto Kharisma Rovanno, Aris Munandar, Diangsa Wagian — Tue, 27 Jun 2023 01:03:50 +0000

Indonesian society has diversity in terms of religious beliefs. an inter religious marriage in unavoidable. National law level law on marriage is Law on Marriage, but the law does not accommodate and recognize inter religious marriage thus according to the law. Currently, Surabaya District Court in their verdict granted the request of inter religious marriage in which according to the Indonesian legal sources, jurisprudence is one of the recognized legal sources. Therefore, aims of this study were to analyse Surabaya District Court’s verdict, and also to examine the legal standing of inter religious marriage in the Law on Marriage. This research was normative legal study, which used conceptual, statute and case approaches. The results have shown that inter religious marriage has juridical legality to be registered by Civil Registration Body through court ruling according to the provisions of Art 21 Marriage Law and Art 35 letter a Law on People Administration.

Penyelesaian Wanprestasi Dalam Perjanjian Pembiayaan Haji Melalui Finance

Prastiwi Handani, H. Zaenal Arifin Dilaga, Rahmawati Kusuma — Tue, 27 Jun 2023 01:05:25 +0000

This study aims to look at the contractual relationships surrounding hajj financing at PT. Federal International Finance (FIF Group) Branch Praya, as well as how those agreements are resolved when there is a breach of contract, and what causes consumer breaches of contract. The study uses a normative-empirical legal research methodology and draws on three perspectives: conceptual, legal, and sociological. This study uses qualitative and descriptive analysis to examine legal texts. According to the study's findings, PT. Federal International Finance (FIF Group) Branch Praya’s consumer financing agreement governs the hajj financing, which is a component of a brand-named religious travel program. The study's findings suggest that PT. Federal International Finance (FIF Group) Branch Praya's consumer financing agreement governs the legal relationship for hajj financing, which is a component of a religious travel program offered by PT. Federal International Finance (FIF Group) with the brand name "AMITRA." In hajj financing agreements, the resolution of a breach of contract is accomplished using out-of-court procedures such discussion or mutual consultation between the parties. customers' poor economic conditions, deteriorating payment capacity, their death with recalcitrant heirs, their having several lending facilities, and the failure of consumer-owned firms are among the factors that contribute to contract breaches by customers.

Dispensasi Nikah Dalam Penetapan No. 1234/Pdt.P/2020/Pa.Pra Ditinjau Dari UU No. 16 Tahun 2019 Tentang Perubahan Atas UU No. 1 Tahun 1974 Tentang Perkawinan

Siska Wilia Sapitri, Aris Munandar, Lalu Hadi Adha — Tue, 27 Jun 2023 01:06:36 +0000

This research’ aim was to analyses judge’s consideration on marital dispensation as accommodated in the Determination Number 1234/Pdt.P/2020/PA.Pra viewed from the perspective of Law Number 16 of 2019 on the Amendment of Law Number 1 of 1974 on Marriage and to analyze what is the “urgent reason” in the determination. This research applied normative juridical approach. Result of the study shows that in principle judge’s consideration if the child applicant was not married will cause negative impact in the future. This urgent reason as judge’s consideration are: readiness to settle down, have established long-standing relationships, and have the ability to do so.

Implementasi Mengenai Perjanjian Kredit Dengan Jaminan Bpkb Di PT. International Finance

I Kadek Tisna, Aris Munandar, Wiwiek Wahyuningsih — Tue, 27 Jun 2023 01:08:01 +0000

Purpose of this research is to know the implementation of credit agreement with proof of vehicle ownership (Bukti Pemilikan Kendaraan Bermotor-BPKB) as guarantee and also to know the obstacles in its implementation at PT. International Finance. Method of this study was normative empirical legal research, which applied statute, conceptual and sociological approaches. Implementation of credit agreement with BPKB is started with the debtor comes to the FIF Office and bring some required documents and until the signature of credit agreement phase. Obstacles in the implementation of credit agreement is the breach of contract, consumer data, vehicle tax and guarantee execution. The method to overcome the problem is “Collection Management or Account Receivable (AR) Management”.

Implementasi Pencegahan Pernikahan Dini Menurut Peraturan Daerah NTB Nomor 5 Tahun 2021 Di Kabupaten Bima

Junaidin Junaidin, Lalu Hadi Adha, Allan Mustafa Umami — Tue, 27 Jun 2023 01:10:41 +0000

The purpose of the research is to find out the NTB Regional Regulation Number 5 of 2011 implementation in society, especially regarding minor marriage in the Bima Regency. This study uses the empirical legal research method. The approach method uses the statute approach, the conceptual approach, and the sociological approach. However, the factors that affected minor marriage consist of: parents, promiscuity, customs, education, and economy. The result of this study showed the implementation of NTB Regional Regulation Number 5 of 2021 in the prevention of minor marriage in Bima Regency and the factor that affected minor marriage prevention in Bima Regency. The local government and KUA work together with the district government and village government, they socialized the negative effect of minor marriage.

Ahli Waris Pengganti Di Tinjau Dari Kuhperdata Dan Kompilasi Hukum Islam

Sekar Dita Utari, Diangsa Wagian, Fatria Hikmatiar Al Qindy — Tue, 27 Jun 2023 01:49:54 +0000

This study aims to examine the position and system of distribution of substitute heirs under the Civil Code and Islamic Law Compilation (KHI). This research adopts a normative research approach. The results of this study indicate that the position of substitute heirs under the Civil Code occurs when an heir predeceases the testator, resulting in the children of the deceased heir replacing their father's position to inherit the ancestral property and receive a share of the inheritance according to their degree of relationship and rightful portion. On the other hand, according to the KHI, the position of substitute heirs is applicable to grandchildren who are entitled to replace their predeceased parents. However, their share is not equal to that of their parents.

Tanggung Jawab PDAM Tirta Ardhia Rinjani Terhadap Konsumen Yang Dirugikan Dalam Suplai Air Bersih Di Kecamatan Batukliang

Nisa Suriani, H. Djumardin Djumardin, Wahyuddin Wahyuddin — Tue, 27 Jun 2023 01:52:04 +0000

This study aims to determine the form of PDAM Tirta Ardhia Rinjani's responsibility to consumers who are disadvantaged in the supply of clean water in Batukliang District, to find out what efforts are made by the customer when a default occurs by PDAM Tirta Ardhia Rinjani. The type of research used is empirical normative, which examines the application of laws and regulations based on legal concepts and theories to see firsthand the reality on the ground by conducting interviews to obtain field data. The research location is PDAM Tirta Ardhia Rinjani (Central Lombok). Based on the results of the study that: First, the form of PDAM Tirta Ardhia Rinjani's responsibility to consumers who are harmed by direct review of complaints experienced by customers but there is no further action to resolve these complaints and without providing information or explanations given to customers who suffer a loss. Second, the settlement of disputes carried out by the PDAM with customers by seeking and prioritizing the deliberation route or through non-litigation, even if the efforts made cannot be carried out, then proceed to court.

Implikasi Hukum Tentang Penambahan Dan Perubahan Nama Pada Passport

Rizqi Maulana Ibrata, Salim HS, Diangsa Wagian — Tue, 27 Jun 2023 01:54:15 +0000

This study aims to determine the procedure for the name change mechanism based on the Court's decision Number: 13/Pdt.P/2022/PN Mtr and the legal implications of the name change in the decision Number: 13/Pdt.P/2022/PN Mtr. This type of research is normative law, with The approach method used is the statutory approach, the conceptual approach, and the analytical approach. The procedure for the name change mechanism is carried out based on the determination of the district court where the applicant is located. The legal implications of a name change are regulated in the provisions of Article 52 of Law Number 23 of 2006 concerning Population Administration which stipulates that a name change is carried out based on the determination of the district court where the applicant is located and Article 24 paragraph 2 of the Minister of Law and Human Rights Number 8 of 2014 concerning the procedure for changing normal passport data.

Tanggung Jawab Hukum Keimigrasian Dalampengawasan Tenaga Kerja Asing Menurut Hukum Positif Indonesia

Fitria Wulandari, Lalu Husni, Rahmawati Kusuma — Tue, 27 Jun 2023 01:55:59 +0000

This research aims are to analyse and to understand how is the arrangement of Immigration office supervisory on foreign manpower according to Indonesian positive laws. Applied method in this study was normative legal research which primarily conducted through library research and assessing related statutes. Result of this study shows that, regulations on the supervisory office conducted by the immigration office are based on the Law Number 11 of 2011 on Immigration and its implementing regulation, Presidential Regulation Number 34 of 2021 on the Employment of Foreign Manpower and completed with Law Number 13 of 2003 on Manpower. Immigration responsibility in conducting immigration actions is carried out by administrative and criminal actions. In order to guarantee legal certainty and justice for foreigners who are subject to immigration measures, the decision shall be stipulated in written form, which contains the identity of the person affected by the immigration action, the reasons for the action and the type of action, and may submit an objection to the said immigration action. The purpose of this immigration action is to carry out supervisory policies in the field of immigration and assist the implementation of law enforcement in the territory of the Republic of Indonesia, both preventive and repressive in nature.

Tanggung Jawab Notaris Akibat Adanya Pemalsuan Data Perjanjian Jual Beli Tanah Di Hadapan Notaris

Khusnul Khotimah, Arief Rahman, Shinta Andriyani — Tue, 27 Jun 2023 01:57:12 +0000

The aims of this research are to know notary’s responsibility in data fraud in the making of land sale and purchase before notary by the parties, and also to know legal consequences of data fraud in notary office in Mataram City. Method of this work was empirical legal research which applied statute, conceptual and sociological approaches. The data was collected through library study and interview. Result of this work shows that notary does not responsible on the deed which made from fake data which brought to them by the parties. Legal consequences of the date which made based on fake data which brought by one party, it can be requested for revocation by the aggrieved party.

Pelaksanaan Perjanjian Peminjaman Uang Antara Bumdes Dengan Masyarakat Desa Pandan Indah

Ahmad Jayadi, Shinta Andriyani, Mohammad Irfan — Tue, 27 Jun 2023 01:59:21 +0000

This study's purpose is to determine the implementation of loan agreements between BUMDes and the community and to find out the causes of bad loans at BUMDes Pandan Indah, Praya Barat Daya District, Central Lombok Regency. This research is a normative-empirical legal research and uses the statute approach, the conceptual approach, and the sociological approach. The results of this study that the implementation of the loan agreement is divided into 2 stages, namely the first stage, submit an application by the customers and completing the requirements set by BUMDes Pandan Indah, and the second stage is the signing of the loan agreement which before the applicant or customer receives the money. The causes of bad loans at BUMDes Pandan Indah consist of internal causes and external causes.

Penerapan Peraturan Menteri Agraria/Kepala Badan Pertanahan Nomor 21 Tahun 2020 Dalam Penyelesaian Sengketa Tanah Melalui Mediasi

Lalu Muhammad Wira Arizki, Arief Rahman, M. Yazid Fathoni — Tue, 27 Jun 2023 02:01:20 +0000

This study aims to determine the application of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020. Furthermore, this study analyzes the Supporting and Obstacle Factors in the Land Dispute Resolution Process through the Mediation Process. The research method used is the empirical legal research method. The results of this study reveal that the settlement of land disputes at the Central Lombok National Land Agency through mediation has been running well and optimally. There are many land disputes resolved through non-litigation channels, namely mediation. The supporting factor of the mediation is the regulations that facilitate and clarifies in resolving land disputes. The inhibiting factors in land dispute resolutions through mediation at the Central Lombok District Land Office include, first, the parties did not have good intentions, they instead take advantage of the mediation process to stall for time, pretending to forget or dishonesty in resolving disputes. Second, the parties in land disputes insisted to defend their respective rights.

Hak Pekerja Atas BPJS Ketenagakerjaan Berdasarkan Undang-Undang Nomor 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan Sosial

Imani Septianingsih, H. Zaeni Asyhadie, Rahmawati Kusuma — Tue, 27 Jun 2023 02:02:35 +0000

This research aims to understand the essential considerations for adding a pension security program with legal consequences for employers who do not include workers in the pension security program based on Law Number 24 of 2011. This study uses a normative research method using a statutory, conceptual, and case approach. The results are that the addition of a pension security program to Law Number 24 of 2011 is a representation of the international convention , the mandate of Article 28 letter h paragraph (3) of the 1945 Constitution, Articles 22 and 25 of the Universal Declaration of Human Rights. As for the legal consequences are criminal penalties and administrative sanctions.Keywords: Employee Rights, Pension Guarantee, Legal Consequences.

Analisis Yuridis Putusan Pengadilan Negeri Mataram Nomor 3/Pdt.G/2021/Pn Tentang Keabsahan Peralihan Hak Atas Tanah

Farah Sahirah, H. Arba Arba, Wiwiek Wahyuningsih — Tue, 27 Jun 2023 02:03:29 +0000

This research aims are to know the validity of unregistered sale and purchase agreement with the Title Certificate. Type of this research was normative legal research which applied conceptual, statute and case approaches. The used legal analysis of this study was legal interpretation. Result of this study shows that legal force in the verdict Number 3/PDT.G/2021/PN is valid and has legal force since there was witness statement in the court. The panel of Judges gave permission or power of attorney to the Plaintiff for and on behalf of the Defendant before the authorized Land Deed Making Officer (PPAT) to sign the Deed of Sale and Purchase/Transition of land rights with the ownership certificate. The transfer of land rights does not occur, while the agreement remains valid and has the same binding legal force as an authentic deed. It is better if every agreement is made by and before a Notary.

Tinjauan Hukum Pengesahan Perkawinan Melalui Isbat Nikah

Siti Khatija Hafsari, Sahruddin Sahruddin, Musakir Salat — Tue, 27 Jun 2023 02:04:40 +0000

This research aims to find out the factors causing unregistered marriages, the procedure for validating Isbat Nikah, and the basis for the judge's consideration in validating Isbat Nikah at the Dompu Religious Court. This research is an empirical study and data analysis used is a qualitative descriptive technique. the factors causing unregistered marriages are the difficulty of polygamy rules, unwed pregnancy and the low level of public education The procedures for validating Isbat Nikah at the Dompu Religious Court are as follows: submit an application, receive a case, examine the case in court, conclusions, and determine the judge with the judge's consideration in the application for Isbat Nikah referring to Compilation of Islamic Law Article 7 and Marriage Law Number 1 of 1974.

Penerapan Pasal 81 Poin 20 Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Dalam Kontrak Antara Perusahaan Dengan Buruh/Pekerja Alih Daya Di Kota Mataram

Wahyu Putra Romadhon, H. Zaeni Asyhadie, M. Yazid Fathoni — Tue, 27 Jun 2023 02:05:54 +0000

The purpose of this research is to determine how the contract is implemented between companies and outsourced workers/laborers in the city of Mataram. This research is based on Article 81 Point 20 of Law Number 11 of 2020 concerning Job Creation which amends Article 66 of Law Number 13 of 2003 concerning Employment. This research method is a normative legal research method. In implementing the work agreement made by PT.251 CSS (Cakra Samawa Sakti) with outsourced workers/laborers, they still need implement paragraph 3 of Law Number 11 of 2020, which amends Article 66 of Law Number 13 of 2003.

Tanggung Jawab Perusahaan Jasa Transportasi Online Terhadap Mitra Kerja Yang Terkena Risiko Ditinjau Dari Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Dan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja (Studi Di Kota Mataram)

Dian Sri Wahyuni, Any Suryani Hamzah, Rahmawati Kusuma — Tue, 27 Jun 2023 02:07:38 +0000

This study aims to determine the responsibilities of online transportation service companies to partners exposed to risk in terms of Law Number 13 of 2003 concerning Employment and Law Number 11 of 2020 concerning Job Creation and the factors that affect the responsibility of transportation service companies online to partners. This research uses conceptual, legislation, and sociological approaches to normative-empirical law. In contrast, the data collection techniques used in this study were library materials and interviews. The study results show that the company provides an alternative in the form of insurance to partners as a form of concern for the company. And the factors that affect the responsibility of the company with the driver are the non-fulfilment of the elements of the working relationship because the company's relationship with the driver is only a partnership relationship.

Pelaksanaan Perjanjian Penyedia Jasa Satuan Keamanan (SATPAM) Antara Bank Danamon Indonesia Dan PT. Bravo Satria Perkasa

Farah Savira, Lalu Hadi Adha, Wiwiek Wahyuningsih — Tue, 27 Jun 2023 02:10:04 +0000

This study aims to find out the implementation of the security guard service provider agreement at PT. Bank Danamon Indonesia and PT. Bravo Satria Perkasa and to find out the obstacles encountered in implementing the security service provider agreement at PT. Bank Danamon Indonesia and PT. Bravo Satria Perkasa. The method used is an empirical normative legal research method. The results of the study can be concluded that (1) The implementation and legal protection for contract workers at PT Bravo Satria Perkasa are in accordance with the PKWT Work Agreement and the Labor Law (2) Obstacles that arise in the implementation of work agreements for a certain time at PT Bravo Satria Perkasa in the form of contract changes every 5 years for workers (security guards) so that PT Danamon Indonesia needs to conduct training or retraining for new workers (security guards) related to knowledge about banking and with the replacement of new security guards they cannot adjust to work rhythms, therefore need to be given periodic explanations in order to meet the disciplinary standards set by Bank Danamon.

Eksistensi Bank Tanah Sebagai Lembaga Pengelolaan Tanah Negara

Bening Tyas Wijayanti, Arief Rahman, Wiwiek Wahyuningsih — Tue, 27 Jun 2023 02:10:39 +0000

This study aims to determine and analyze the existence of a land bank as a state land management agency and to find out how the land bank is regulated according to positive law in Indonesia. The method used is normative, and then the data is analyzed by descriptive analysis. The results of this study indicate that the land bank regulation according to positive law in Indonesia is in Government Regulation Number 64 of 2021 concerning the Land Bank Agency and the existence of the land bank as a state land management institution is that the land bank has the task of managing state land to become more valuable and beneficial following its designation. It is hoped that this land bank can become a helpful institution and run following favourable laws in Indonesia.

Kedudukan Hukum OJK Dalam Melakukan Pengawasan Terhadap Pinjaman Berbasis Online Melalui Aplikasi Maucash

Ni Kadek Putri Puspita Dewi, H. Djumardin Djumardin, Wahyuddin Wahyuddin — Tue, 27 Jun 2023 02:12:03 +0000

This study aims to determine the responsibility of the Financial Service Authority (OJK) in supervising online loans and to find out patterns of dispute resolution in the event of default in online loan agreements through the Maucash Application. This type of research is normative-empirical legal research using statutory approaches, conceptual approaches, and sociological approaches. Data collection techniques used library data and field data from interviews which were analyzed descriptively-qualitatively. The results of this study indicate that OJK supervision of MauCash based on POJK Number 77/POJK.01/2016 is divided into two stages, namely pre-operational business and during business operation. For the settlement of default disputes, MauCash forms a Field Collection Team for billing and within 180 days the data will automatically be included in the OJK SLIK.