Legal Protection Workers in The Agreement in Photography Studio WHC Purwokerto

Authentica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 62-78
Author(s):  
Dwimo Gogy Prabowo
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Employment Relationship ◽  
Primary Data ◽  
Legal Certainty

Labor has a very important role in national development. Labor (man power) are residents who have or are working, looking for work and carry out other activities such as schools and care of the household. Thus the workers have their own rights and obligations that must be fulfilled, with the rules governing the employment and the employer to ensure that workers in the work. In addition, the worker and the employer must also have a working agreement that binds them. The basic working agreement should also contain provisions relating to the employment relationship, the rights and obligations of workers and the rights and obligations of employers. In the pre-study in WHC Studio Purwokerto I get the primary data that employees working agreement with his employer orally or in writing. In the execution of the workers in the WHC photography studio doing a lot of work outside of his agreement. Viewed from pre-study in WHC Studio orally there is agreement that ultimately there is no legal certainty in work and in remuneration, and therefore need further study.Keywords: legal protection; the Agreement; Employment

scholarly journals PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean
Keyword(s):  
Task Force ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
City District ◽  
The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

scholarly journals Jual Beli Di Bawah Tangan Terhadap Lahan Tempat Tinggal Transmigran Di Nagari Ranah Palabi Kecamatan Timpeh Kabupaten Dharmasraya Provinsi Sumatera Barat (Studi Pada Kantor Pertanahan Kabupaten Dharmasraya Provinsi Sumatera Barat)

2020 ◽  
Vol 2 (2) ◽  
pp. 39-56
Author(s):  
Randa Iolanda Putra
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Title ◽  
Legal Standing ◽  
The People ◽  
Land Transaction ◽  
The Right

ABSTRACT The registration of land rights concerning title status, right subject, and right object is intended to guarantee legal certainty, legal protection, utility. According to UUPA, PP on Land Registration, and its derivation, it is one of the activities of safeguarding the land. The change in physical data and/or juridical data include the coverage of land registration data by transaction which can be proved with PPAT certificate. In reality, in Nagari Ranah Palabi, the transaction is done underhendedly on land title of the transmigrant settlement. The research problem is how about the cause, legal standing, and registration of the transfer of underhanded land transaction on the land right of transmigrant settlement. The research theories are the theory of legal certainty, theory of legal protection, and theory of utility. The research used juridical empirical and descriptive analytic method by analyzing primary data obtained directly from the people in the field. It wa done in Nagari Ranah Palabi, Timpeh Sub-district, Dharmasraya Regency, West Sumatera Province. The result of the reseacrh shows that underhanded transaction of the land of transmigrant settlement includes inexpensive cost, quick process, and easy to do. Legal standing of the transactiondoes not meet material requiment since it is not a certificate made before a PPAT even thougt it is allowed materially. Consequently, it cannot be registered in the Land Office and filing the claim to Court cannot do the proceeding because there is no dispute in it. Therefore, the request for the right for the land cannot be accepted by the Court. It is recommended thet legal counseling about legal consequense of underhanded transaction of the land for residence be provided. Accurate regulation for the people on land right for residence concerning formal preprequisite should be made – certificate made before a PPAT for registering land title transfer. Concerning the absence of the seller or ‘afwezigheid’ the buyer has the right to lodge a request the land right in the transmigrant land. Keywords : Land Transaction;Land for Residence;Transmigrant.

Settlement of Loans in Arrears by Using Parate Execution of Collateral Bearing Mortgage Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 159-167
Author(s):  
Rr. Dijan Widijowati ◽  
Mulyono
Keyword(s):  
Qualitative Research ◽  
Legal Protection ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Primary Data ◽  
Legal Certainty ◽  
Banking Services ◽  
Sense Of Security ◽  
The Government ◽  
Credit Agreement

Various fields related to business always require banking services. Then the government created Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. Lending by a bank as a creditor to a customer as a debtor must be carried out with an agreement in a compact form. The important thing in a credit agreement is collateral or guarantee. Collateral in banking practice can be bound by Law Number 4 of 1996 concerning Mortgage Rights for objects related to land. The Bank believes that material collateral in the form of land will provide a greater sense of security and legal certainty execution if the debtor fails to fulfil his promises to his obligations. Different implementations can execute objects that are the object of Guarantee Rights. The main problem is implementing bad debts by para the execution of collateral things saddled with mortgages. How is the implementation of legal protection for creditors if there is resistance from the debtor due to the execution part's performance? This research uses a descriptive qualitative approach. The main sources in qualitative research are primary data and secondary data. Researchers collect data through observation and documentation. Data analysis was performed using qualitative juridical analysis methods. The conclusion obtained is that the implementation of the settlement of lousy credit through separate execution of the collateral object that is burdened with mortgage rights is to sell the bank guarantee object as a creditor in the event of bad credit. This is done to cover the debtor's obligations, Then the implementation of legal protection for creditors if there is resistance from the debtor due to the execution of the execution Parate is to apply the provisions in Article 6 of the Mortgage Rights Law.

scholarly journals PERLINDUNGAN HUKUM PELAUT DI KAPAL INDONESIA BERBASIS NILAI KEADILAN

2017 ◽  
Vol 4 (1) ◽  
pp. 97
Author(s):  
Tri Cahyadi
Keyword(s):  
Industrial Relation ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Work Place ◽  
Legal Certainty ◽  
Secondary Data Sources ◽  
The Many

This paper discusses the legal protection for sailors on Indonesian Ships amid the many problems experienced by Indonesian sailors. The belence between what has been done with the wages received by Indonesian sailors should be felt by Indonesian sailors has not been releazed, where in case of industrial relation disputes so far can not be resolved fairly, especially about the work place that is on the ship with the location always nomaden. Primary data sources were obtained from interviewers with several Indonesia sailors, as well as the secondary data sources of reference related legislation. The results show that many Indonesian sailors who are unaware of the legal certainty/lack of awarness and understanding of sailors about the relevant law or regulation are factors inhibiting implementation in the field. In addition, low discipline inthe management of income to ensure life on the old days.

scholarly journals PERALIHAN HAK ATAS TANAH ABSENTE KARENA WARIS (STUDI KASUS DI KANTOR ATR/BPN KABUPATEN KENDAL YANG DOMISILI AHLI WARIS BERADA DILUAR WILAYAH KECAMATAN )

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Ika Rahma Wanti ◽  
Munsyarif Abdul Chalim
Keyword(s):  
Agricultural Land ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Owners ◽  
The Right ◽  
Rights Transfer ◽  
District Work

The law states that if a person has an excess of absent land then the land must be released or the sanction will be imposed. In fact, although this prohibition applies, the ownership or control of agricultural land in absente or drags is found in many sub-districts in kendal district, in the kendal district, there are many owners of agricultural land owned by persons or legal entities that are not only outside the kecamatan but sometimes Outside areas such as, Semarang city, and even those who are domiciled outside the province.The problems studied in this study are as follows: (1) how the concept of transition of absente land rights due to the heirs whose domicile heirs are outside the district area, (2) how the legal protection for the heirs of absente land owners who live outside District area.This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate the following: (1) The ownership of Asbsentee land rights due to inheritance issues the right to the heirs to obtain the rights to the absentee land, and for the transition of absentee land to legal certainty, (2) Protection for the heirs of land owners Absentees residing outside the sub-district may occur if the inheritance has been in accordance with the legislation in the true sense of being the heir of the absentee landowner and the heirs residing outside the sub-district work on their own farmland.Keywords: Absente Land / Guntai, Heirs, Land Rights Transfer.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN TRANSPORTASI BERBASIS ONLINE YANG MENGGUNAKAN DRIVER CADANGAN

2018 ◽  
Vol 1 (2) ◽  
pp. 324
Author(s):  
Stefani Erlina Halim ◽  
Siti Nurbaiti
Keyword(s):  
Public Transport ◽  
Legal Protection ◽  
Secondary Data ◽  
Business Owners ◽  
Primary Data ◽  
Legal Certainty ◽  
Technology Advancement ◽  
Integrated Regulation ◽  
The Government ◽  
Transportation Company

Logistic or transportation, including online transportation is an essential aspect in every day’s life. Technology advancement has promoted the introduction of online transportation in Indonesia. However, there is no clear integrated regulation of online transportation including reserve driver. This research also to look at how online transportation company will be responsible on the consumer who used the service of ‘backup’ driver; and what is the legal protection of the consumer in order to protect consumer who had used the service of reserve driver. The method used in this research is normative research specifications, using secondary data and primary data as supporting data with the law approach. The result shows that online transportation customers with reserve driver cannot hold accountability to the online transportation company based on Article 19 of the UUPK and Article 192 UULLAJ, because the business owners are not public transport companies but are the application-based companies. In addition, online transportation also does not provide legal protection to passengers, including of reserve driver, consumers cannot sue the company under UUPK or UULLAJ, but consumers can sue the company under Article 1365 of the Civil Code. Hence, author suggests the government should issue a government-controlled regulation regarding online transportation including reserve driver which could result in the provisions usage of the carrier responsibility in accordance to the UULLAJ by online transportation. Furthermore, online transportation company must provide legal protection to ensure legal certainty for consumers by releasing regulations and sanctions for drivers who lend their account to other driver.

scholarly journals The Registration of Land Ownership Transfer Due to Inheritance for Foreigners in West Sumatera

2019 ◽  
Vol 6 (2) ◽  
pp. 412
Author(s):  
Ridha Iclasia Irawan ◽  
Daulay Zainul ◽  
Kurnia Warman
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Land Ownership ◽  
Primary Data ◽  
Legal Certainty ◽  
Study Approach ◽  
Ownership Transfer ◽  
Protection Theory ◽  
One Year ◽  
Ownership Rights

The transfer of land ownership as an inheritance is a legal process causing land ownership transfer from the testator to his heirs. To achieve legal certainty in every transfer of land ownership because of inheritance, land ownership transfer should be registered at National Land Agency. Based on Indonesia laws, it is forbidden for foreigners to own land since only Indonesian citizens can have full land ownership rights. The aim of this research is to find out the legal protection and certainty related to the registration of land ownership transfer due to inheritance for foreign heirs in West Sumatra and also the control of the National Land Agency on the length of land ownership rights of foreign heirs which is estimated to only one year. The theories used are legal protection theory by Philipus Hadjon and legal certainty theory by Utrecht.  In conducting this study, the method used is qualitative descriptive with normative law study approach. The primary data involved in this study is composed of interviews with staff from several offices of the West Sumatran National Land Agency and notarists. While secondary data consists of legal literature. This study focuses on identifying, determining, and analyzing the inheritance rights, the regulations of land ownership registration, and the control of the National Land Agency on land ownership for foreign heirs. The results show that: 1) the different of nationality between the testator and the foreign heirs does not prevent them from inheriting land ownership rights; 2) foreign heirs are only entitled to have land rights for a period of one year after which the land ownership rights must be transferred to Indonesians; 3) the control of the National Land Agency on foreign heirs’ land ownership rights is only related to the formal condition of the land ownership transfer as the inheritance.

scholarly journals Legal Protection to Creditors and Debtors in the Case of Withheld Fiducia Guarantee Object as Evidence of Criminal Case

2019 ◽  
Vol 6 (5) ◽  
pp. 163
Author(s):  
Andika Putra ◽  
Ismansyah Ismansyah ◽  
Yulfasni Yulfasni
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
Important Means ◽  
Notary Public ◽  
And Function ◽  
The City

Land is a very important means to carry out development, and the problem of land acquisition for these needs is not easy to solve because with the increasing development of land demand is also increasing while the land supply is very limited. Regarding the existence and function of land, there is a legal relationship between humans with land, including the act of transferring rights and release of land rights, in order to provide legal certainty for the act referred to, it is necessary to set forth in the form of a deed made before a Notary or before the District Head or before the Head of the National Land Agency. But today, the public is more entrusted to make this SPPHT before a Notary Public in order to ensure legal certainty, and also the Land Agency has suggested making a transitional deed through a Notary Deed to be more efficient. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the process of releasing land rights for development through a notarial deed in the city of Padang. The results showed that  1) the release of rights before the Notary Public through the Signing of the Deed of Relinquishment of Land Rights which first checked all the requirements by the Notary, then the deed is perfectly signed into an authentic deed and guarantees legal certainty. 2) The process of land registration is based on the deed of release of rights made by a Notary in the City of Padang by submitting an application along with the Deed of Relinquishment of Land Rights and other requirements, then reviewing the field and issuing maps by the Land Agency.

scholarly journals Legal Consequences on PPAT Deed Not Made in Accordance with the Provisions Case Study of Court Decision No.137 / PID.B / 2016 / PN.PBR

2019 ◽  
Vol 6 (5) ◽  
pp. 225
Author(s):  
Mhd. Mora Kamis Nst ◽  
Elwi Danil ◽  
Beatrix Benni
Keyword(s):  
Legal Protection ◽  
Field Studies ◽  
Court Decision ◽  
Primary Data ◽  
Legal Certainty ◽  
Legal Implications ◽  
One Year ◽  
Work Done ◽  
Legal Consequences

The notary profession that can concurrently serve as a PPAT is one of the professions that has taken part in the process of law enforcement in Indonesia by providing certainty, order and legal protection in the community, especially in terms of the need for a binding evidence in addition to witness evidence, which is in the form of making authentic evidence. The notary profession is also required to be able to provide legal certainty to the parties, which means that anyone who holds the position of a notary must comply with statutory provisions, as well as PPAT in carrying out his position. But in reality what happens is that there is still a lot of work done by notaries or PPAT which ultimately has legal implications for the authority carried out by notaries or PPAT, so that the public, especially the parties involved in the deed, become confused in seeking legal certainty and in a manner indirectly can cause huge material losses to people who need justice. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the legal consequences of the deed made not in accordance with the provisions of the case study court decision no.137 / pid.b / 2016 / pn.pbr. The results of the study showed that 1) PPAT which was proven to have committed a crime of counterfeiting was responsible for his sentence with a prison sentence of 1 (one) Year 8 (eight) Months. 2) The legal consequences of the deed made are not in accordance with the provisions of the legislation because it contains elements of forgery, the deed is null and void by law and for the certificate of transfer of land rights issued with the deed as the basis, then with the court's decision the judge has stated that the certificate the legal defect and cancellation can be requested to the local Office of the Land Agency.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

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