scholarly journals CUSTOMARY COURT AS ALTERNATIVE TO SETTLEMENT OF DISPUTE IN SOUTH SULAWESI

2018 ◽  
Vol 3 (2) ◽  
pp. 154
Author(s):  
Andika Prawira Buana ◽  
Hardianto Djanggih
Keyword(s):  
Research Results ◽  
South Sulawesi ◽  
Legal Method ◽  
Customary Court ◽  
Settlement Of Disputes ◽  
Settlement Of Dispute

Customary court is a process conducted in connection with the duty to examine, to adjudicate and to decide a case in the community, which has long ago become a means to seek for justice. Customary court aims at returning broken order resulted from existing dispute. This research mainly focuses on how the essence of customary court in South Sulawesi is and how customary court serves to settle dispute in South Sulawesi. Employing socio-legal method, the research results explain that the Customary court in South Sulawesi has no longer been relied on in settlement of disputes existing in the community as the result of modern court domination.

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

scholarly journals Fintech Indonesia User Legal Protection in Balance Borrowing Money Based on Information Technology

2018 ◽  
Vol 54 ◽  
pp. 06003 ◽  
Author(s):  
Sulistyandari
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Service Provider ◽  
Financial Services ◽  
Legal Protection ◽  
Financial Service ◽  
Financial Service Provider ◽  
Settlement Of Disputes ◽  
Settlement Of Dispute

The growth of FinTech companies in Indonesia is very rapid, currently, there are 142 FinTech Companies in Indonesia. The Financial Services Authority (OJK) continues to encourage the development of information technology-based financial service provider company (FinTech). OJK considers that the more number of FinTech companies, the better it would be. It is important to pay attention to legal protection for FinTech Users, because lending and borrowing services-based information technology has the potential to cause harm to FinTech users, besides being done online, the lender and recipient of the loan do not know each other, and there is no collateral in information technology-based lending and borrowing services. This paper discusses the legal protection of FinTech Users in information technology-based lending and borrowing services, and settlement of dispute in the event of a dispute between FinTech Companies and FinTech Indonesia Users. Legal protection for FinTech Users is provided in agreements made between FinTech Indonesia Companies and FinTech Users and law enforcement OJK Regulation No. 77/POJK.01/2016 The settlement of disputes by complaining to the FinTech Company, to the Financial Services Authority (OJK) or claiming through the General Court.

scholarly journals Penyelesaian Sengketa Pelaksanaan Perjanjian Lelang Sungai di Bidang Perikanan di Kecamatan Tanjung Lago Kabupaten Banyuasin

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 106
Author(s):  
Indrajaya Indrajaya
Keyword(s):  
Natural Resources ◽  
Research Method ◽  
Local Population ◽  
Civil Code ◽  
Legal Action ◽  
Research Results ◽  
Long Time ◽  
Settlement Of Disputes ◽  
The Village

In the Civil Code regulates agreement, one type of agreement is an auction, however the object of this auction agreement is not an object or animal, but a river. In areas that have natural resources in the form of rivers, these agreements are often carried out, in practice adapted to local local wisdom. The river auction tradition in Tanjung Lago District, Banyuasin Regency, South Sumatra Province has been going on for a long time and has become a tradition for the local population. However, in practice there are often defaults committed by the parties. The purpose of this study is to determine the settlement of disputes in case of default by the parties. The research method is to look at direct facts that happen in real terms but still by using legal materials in the form of existing regulations and other sources. From the research results it is known that if one of the parties (the village administration and the winner of the auction) defaults, a deliberation between both parties but if it cannot be resolved then legal action can be taken. Meanwhile, if there is a default between the auction winner and the fisherman, the settlement will only be in the form of a warning and loss of trust without any sanctions.

scholarly journals Growth and Production of Corn in Various Planting Distances Systems

2020 ◽  
Vol 5 (2) ◽  
pp. 89-93
Author(s):  
Rusnadi Padjung ◽  
Muh Farid Bdr ◽  
N. Nasaruddin ◽  
Ifayanti Ridwan ◽  
Muhammad Fuad Anshori ◽  
...  
Keyword(s):  
Experimental Design ◽  
Important Food ◽  
Research Results ◽  
South Sulawesi ◽  
Maize Varieties ◽  
Main Plot ◽  
Food Commodities ◽  
Experimental Garden ◽  
Planting System ◽  
Research Institute

Corn is one of the most important food commodities consumed by most people in various parts of the country. There is a real interaction between spacing varieties on the observed characters. There are one or more production chatacters that have a significant correlation with production. This research will be carried out at the Experimental Garden of the Bajeng Cereal Research Institute, Bajeng District, Gowa Regency, South Sulawesi, with a coordinate point of 5o18'21.5 "LS, 119o28'38.6" BT. The research was conducted from August to November 2020. This study used a separate plot experimental design. The main plot is a planting system legowo (S) which consists of 3 planting systems, namely the spacing of 75 x 20 cm = 66,667 pop / ha (J1), Legowo (50 + 100) x 20 cm = 66,667 population / ha (J2), and Legowo (50 + 100) x 18 cm = 74,074 population / ha (J3). Meanwhile, the subplots were maize varieties (V), namely NASA 29 (V1), Bisi 2 (V2), and Sinhas 1 (V3). From the research results, it can be concluded that the spacing has no effect on the character of the observation. the variety has a very significant effect on the observed character, except for rod diameter. As for the correlation, the observed characters that had an effect on production were ear length and weight of 1000 seeds

scholarly journals Efektivitas Penerapan Peraturan Komisi Pemilihan Umum Nomor 15 Tahun 2018 Pada Pemilihan Umum Serentak Tahun 2019: Studi Sulawesi Selatan

2020 ◽  
Vol 1 (1) ◽  
pp. 73-83
Author(s):  
Muhammad Hajir Salam ◽  
Syahruddin Nawi ◽  
Hamza Baharuddin
Keyword(s):  
Legal Culture ◽  
Legal Research ◽  
Research Results ◽  
Legal Structure ◽  
South Sulawesi ◽  
Commission Regulation ◽  
General Elections ◽  
Research Types ◽  
Election Commission ◽  
Concurrent Elections

Penelitian bertujuan untuk mengathui Efektivitas Peraturan Komisi Pemilihan Umum Nomor 15 Tahun 2018 Tentang Norma, Standar, Prosedur, Kebutuhan Pengadaan Dan Pendistribusian, Perlengkapan Penyelenggaraan Pemilihan Umum, pada Pemilu Serentak Tahun 2019 di Provinsi Sulawesi Selatan. Tipe penelitian yang digunakan yakni perpaduan tipe penelitian hukum normatif (doktrinal) dan tipe penelitian hukum empiris (nondoktrinal). Hasil Penelitian yakni: Bahwa pelaksanaan Peraturan Komisi Pemilihan Umum Nomor 15 Tahun 2018  Tentang Norma, Standar, Prosedur, Kebutuhan Pengadaan Dan Pendistribusian, Perlengkapan Penyelenggaraan Pemilihan Umum, pada Pemilu Serentak Tahun 2019 di Provinsi Sulawesi Selatan, belum terlaksana secara efektif. Adapun faktor-faktor yang berpengaruh terhadap pelaksanaan Peraturan Komisi Pemilihan Umum Nomor 15 Tahun 2018, yakni faktor substansi Hukum, struktur hukum, budaya hukum, kesadaran hukum masyarakat dan faktor sarana dan prasarana. This study aims to determine the effectiveness of Election Commission Regulation Number 15 of 2018 concerning Norms, Standards, Procedures, Procurement and Distribution Needs, Equipment for Conducting General Elections, in 2019 Concurrent Elections in South Sulawesi Province. The type of research used is a combination of normative (doctrinal) legal research and empirical (nondoctrinal) legal research types. Research Results namely: That the implementation of Election Commission Regulation Number 15 of 2018 Concerning Norms, Standards, Procedures, Procurement and Distribution Needs, Equipment for Conducting General Elections, in the 2019 Concurrent Elections in South Sulawesi Province, has not been implemented effectively. The factors that influence the implementation of the Election Commission Regulation Number 15 Year 2018, namely the substance of the Law, legal structure, legal culture, legal awareness of the community and factors of facilities and infrastructure.

scholarly journals Perlindungan Hukum terhadap Investor dalam Perjanjian Jual Beli Saham Dengan Hak Membeli Kembali (Repurchase Agreement) Yang Diperjualbelikan PT. OSO Securities Cabang Medan

2019 ◽  
Vol 1 (2) ◽  
pp. 109-116
Author(s):  
Erna Sandrawati ◽  
Mahmul Siregar ◽  
Isnaini Isnaini
Keyword(s):  
Qualitative Analysis ◽  
Capital Market ◽  
Civil Code ◽  
Legal Certainty ◽  
Legal Method ◽  
Settlement Of Disputes ◽  
Laws And Regulations ◽  
The Capital Market

The purpose of this study is to find out how the position of the agreement in the sale and purchase of shares with repurchase rights (REPO) in law in Indonesia, whether the sale and purchase agreement of shares with repurchase rights (REPO) has protected the interests of investors, as well as how the settlement of disputes in the sale and purchase agreement shares with repurchase rights (REPO) between issuers and investors by PT. OSO Medan Branch Securities. The method in this research is a normative juridical legal method with qualitative analysis. From the results of the study, it was found that the sale and purchase agreement of shares brokered by PT. OSO Sekuritas is a form of agreement or contract which must comply with the provisions in the Civil Code in general and specifically must comply with the laws and regulations relating to REPO. In the share sale and purchase agreement brokered by PT. OSO Sekuritas has provided legal certainty and protection to investors because in the agreement clause the form of protection has been explained. Settlement of disputes that occur between the parties in the REPO share-purchase agreement brokered by PT. OSO Sekuritas, contained in the agreement clause, which is an agreement for mediation and deliberation as well as resolving issues through the capital market arbitration body, if deliberation is not reached.

scholarly journals Perlindungan Hukum Bagi Pihak yang Beritikad Baik Dalam Perjanjian Jual Beli (Studi Putusan Nomor 15/pdt.G/2018/PN.Sby)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 185
Author(s):  
Syifa Miftahuljannah ◽  
Taun Taun
Keyword(s):  
Everyday Life ◽  
Dispute Resolution ◽  
Legal Protection ◽  
Research Results ◽  
Legal Principles ◽  
Legal Method ◽  
Common Activity ◽  
The Law

Buying and selling is a common activity that is carried out in everyday life. The sale and purchase transaction is deemed to have occurred when the parties have reached an agreement on the goods sold and the price offered which is then standardized into an agreement. However, often the making and implementation of agreements does not heed the terms and legal principles contained in the KUHPer which should be used as guidelines both at the time of making and implementing the agreement. One of these cases is contained in Decision Number 15 / pdt.G / 2018 / PN.Sby. This study aims to determine the criteria in determining whether a party has good intentions in carrying out a sale and purchase agreement and legal protection against parties with good intentions. In writing this study using the normative legal method, namely by examining the contents of the decision which is then analyzed by interpretation of the law. Based on the research results, to see that one of the parties has good intentions is in two ways, the first is subjectively or at the time of negotiation and contract preparation and objectively by seeing how he can obey the contents of the contract agreement as long as the agreement is implemented. Legal protection that can be provided is by resolving disputes by making legal suits either through non-litigation through the Consumer Dispute Resolution Agency with all its powers or by litigation by filing a lawsuit through a public court.

scholarly journals Administrative justice as a deterrent to the implementation of tasks within criminal proceedings

2021 ◽  
Vol 10 (40) ◽  
pp. 93-99
Author(s):  
Ihor Paryzkyi ◽  
Serhii Matvieiev ◽  
Serhii Bratel ◽  
Pavlo Komirchyi ◽  
Artem Zubko
Keyword(s):  
Structural Method ◽  
Criminal Proceedings ◽  
Synthesis System ◽  
Dialectical Method ◽  
Research Results ◽  
Methodological Basis ◽  
Legal Method ◽  
The Subject ◽  
Practical Implications ◽  
Administrative Justice

The purpose of the article is to clarify the problems of the institution of administrative justice of Ukraine in the context of the implementation of tasks within criminal proceedings. Subject of research: The subject of the research is the shortcomings in the administrative justice of Ukraine that can create obstacles to achieving the objectives within criminal proceedings. Methodology: The methodological basis of the article are general and special methods of legal science, in particular: dialectical method, logical and semantic method, methods of analyses and synthesis, system and structural method, formal and legal method, method of generalization. Research results: The bases for administrative justice in Ukraine are characterized, its value and main shortcomings are determined. Practical implications: The problems of administrative justice, which are a deterrent to solving problems in criminal proceedings, are analyzed. Value / originality: The consequences of the considered legal incompatibilies are determined and the ways to overcome them are suggested.

scholarly journals ANALISIS PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI

2021 ◽  
Vol 3 (2) ◽  
pp. 68-78
Author(s):  
A. Ardiansyah Akbar ◽  
Zulkifli Makkawaru ◽  
Baso Madiong
Keyword(s):  
Human Rights ◽  
Class I ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Research ◽  
Legal Process ◽  
Regional Office ◽  
Research Results ◽  
South Sulawesi ◽  
The Poor

Penelitian ini bertujuan untuk mengkaji dan menganalisis dan memahami mengenai Pelaksanaan Kerjasama kemitraan antara Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan dengan Organisasi Bantuan Hukum dalam pemberian bantuan hukum bagi masyarakat miskin atau tidak mampu  di wilayah provinsi Sulawesi Selatan. Untuk mengetahui kendala yang dihadapi Organisasi Bantuan Hukum dalam Pelaksanaan bantuan hukum bagi masyarakat miskin atau tidak mampu. Penelitian hukum ini adalah penelitian hukum empiris, yang mengkaji mengenai bantuan hukum bagi masyarakat miskin demi terselenggaranya proses hukum yang adil di Makassar. Untuk mendapatkan hasil penelitian yang dapat dipertanggung jawabkan maka penelitian ini mengambil data dari Kantor Kanwil Wilayah Kementerian Hukum dan HAM Sulawesi Selatan, Rutan Kelas I Makassar dan LBH Makassar merupakan lokasi penelitian yang akan digunakan peneliti untuk mandapatkan bebrapa data terkait bantuan hukum di makassar pada khususnya. Pelaksanaan Program Kerjasama antara Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Sulawesi Selatan dengan Organisasi Bantuan Hukum dalam pemberian bantuan hukum bagi masyarakat miskin di wilayah Sulawesi Selatan sudah berjalan dengan baik namun masih kurang efektif karena dalam pelaksanaannya masih ditemukan Organisasi Bantuan Hukum yang melaksanakan tugasnya namun tidak sesuai standar pemberian bantuan hukum. This research aims to study, analyze, and understand the implementation of partnership cooperation between the Regional Office of the Ministry of Law and Human Rights of South Sulawesi and the Legal Aid Organization in providing legal assistance for the poor or underprivileged in the province of South Sulawesi. This is to find out the obstacles faced by legal aid organizations in implementing legal aid for the poor or underprivileged. This legal research is an empirical legal research, which examines legal assistance for the poor for the sake of implementing a fair legal process in Makassar. To obtain accountable research results, this study collects data from the Regional Office of the Ministry of Law and Human Rights of South Sulawesi, Prison Class I Makassar and LBH Makassar as research locations to obtain some data related to legal aid in Makassar particularly. The implementation of the Cooperation Program between the Regional Office of the Ministry of Law and Human Rights of South Sulawesi and the Legal Aid Organization in providing legal assistance to the poor in the South Sulawesi region has been running well but this is still ineffective because in its implementation there are still legal aid organizations that do not comply with the standards of legal assistance when carrying out their duties.

scholarly journals Model of operational search prediction of intentional homicide by criminal police

2021 ◽  
Vol 10 (40) ◽  
pp. 37-44
Author(s):  
Yevhen Khyzhniak ◽  
Andrii Khankevych ◽  
Ihor Nazarenko ◽  
Oleh Pleskach ◽  
Oleksandr Tretiak
Keyword(s):  
Scientific Knowledge ◽  
International Experience ◽  
Modeling Method ◽  
Search Model ◽  
Research Results ◽  
Methodological Basis ◽  
Legal Method ◽  
Methods And Techniques ◽  
The Subject ◽  
National Police

The purpose of the article is to determine the model of operational search prediction of intentional homicide by criminal police of Ukraine. Subject of research: The subject of research is a model of operational search prediction of intentional homicides by criminal police of Ukraine. Methodology: The methodological basis for the article is general and special methods and techniques of scientific knowledge, in particular: normative and dogmatic method, epistemological method, monographic method, comparative and legal method, modeling method, method of grouping, logical and legal method, method of generalization. Research results: The characteristic of the method of prediction and its use by the bodies of criminal police is given. Practical consequences: The features of the process of construction of operational search model of a situation are considered. International experience of regulating the issue under consideration is studied. Value / originality: Based on the examination of international experience, it is proposed to apply appropriate measures to combat intentional homicide in the activities of the National Police of Ukraine.

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