scholarly journals URGENSI PENGATURAN WARALABA DALAM UNDANG-UNDANG

2012 ◽  
Vol 1 (2) ◽  
Author(s):  
Moch Najib Imanullah
Keyword(s):  
Legal History ◽  
Secondary Data ◽  
The Other ◽  
Legal Interpretation ◽  
Legal Research ◽  
The Public ◽  
Indonesian Government ◽  
Fundamental Research

<p align="center"><em>Abstract</em></p><p><em>One of the characteristics of Fundamental Research is provide an explanation a phenomenon. The purpose of this research is to describe the phenomenon of demand for franchise regulation in Indonesia. It is a normative legal research in order to examine the principles of law, the synchronization of law, and legal history. The data used were secondary data came from the primary and secondary legal materials. Validity of data was done by triangulation of sources and sources criticism. Data were analyzed using legal interpretation. The result showed that the urgency of setting a franchise in an act is due to: 1) the content material of franchise have to regulate in an act; 2) to address the sinchronization issue with the other act; 3) to harmonize the Indonesian franchise act with the franchise act from the other countries; 4)  to fullfill the justice of franchisee and international franchisor. To realize the franchise act, the Indonesian government advised to make cooperation with academics, franchise business man, association, and the public to make academic legal drafting based on academic draft from BPHN with completion in accordance with the dinamics and development of franchise business in Indonesia.</em></p><ul><li><em>Keywords: urgency, act, franchise.</em><em></em><strong> <br /></strong></li></ul><p align="center"><strong>Abstrak</strong></p><p>Salah satu karakteristik Penelitian Fundamenatal adalah memberikan penjelasan terhadap sebuah fenomena, maka tujuan penelitian ini diarahkan untuk menjelaskan adanya fenomena permintaan pengaturan waralaba di Indonesia dalam sebuah undang-undang khusus waralaba. Untuk mencapai tujuan ini, maka dilakukan penelitian hukum normatif dalam ranah asas-asas hukum, sinkronisasi hukum, dan sejarah hukum. Data yang dipergunakan adalah data sekunder yang bersumber dari bahan hukum primer dan bahan sekunder. Kesahihan data dilakukan dengan kritik sumber. Data analisis dengan cara melakukan penafsiran hukum (gramatikal). Hasil penelitian menunjukkan bahwa urgensi pengaturan waralaba dalam sebuah undang-undang adalah karena : 1) muatan materinya harus diatur dalam undang-undang (seperti : asas-asas hukum, kewarganegaraan dan hak-haknya, kelembagaan negara, dan perpajakan); 2) untuk mengatasi persoalan sinkroniasi dengan undang-undang lain yang terkait; 3) untuk melakukan harmonisasi peraturan perundang-undangan waralaba Indonesia dengan undang-undang waralaba khusus negara lain; 4) untuk memenuhi rasa keadilan para pelaku usaha waralaba khususnya pelaku usaha waralaba internasional (asing maupun warga negara Indonesia). Untuk merealisasikan undang-undang waralaba, Pemerintah disarankan untuk bekerjasama dengan akedemisi, kalangan pengusaha waralaba, asosiasi, dan masyarakat luas untuk membuat naskah akademis undang-undang waralaba berbasis naskah akademis yang telah dihasilkan BPHN dengan penyempurnaan sesuai dengan dinamika dan perkembangan usaha waralaba di Indonesia.</p><ul><li>Kata kunci : urgensi, undang-undang, waralaba.</li></ul>

scholarly journals An Analysis on Farmer Rights in International Trade Under Indonesian Law

2020 ◽  
Vol 8 ◽  
pp. 200-204
Author(s):  
Imanullah Moch Najib
Keyword(s):  
International Trade ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Interpretation ◽  
Legal Research ◽  
Indonesian Government ◽  
Triangulation Method ◽  
Alternative Solutions

The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.

scholarly journals MENGUJI KEWENANGAN DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI DALAM PEMBERIAN IZIN PENGGELEDAHAN SEBAGAI TINDAKAN MERINTANGI PROSES PENYIDIKAN (OBSTRUCTION OF JUSTICE)

Esensi Hukum ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 48-63
Author(s):  
Arman Tjoneng ◽  
Christin Septina Basani ◽  
Novalita Sidabutar
Keyword(s):  
Research Method ◽  
Supervisory Board ◽  
Secondary Data ◽  
Criminal Code ◽  
The Other ◽  
Primary Data ◽  
Literature Study ◽  
Legal Research ◽  
The Public ◽  
The Government

Abstract The Corruption Eradication Commission (KPK) has become a super institution with extraordinary restraint. With the new Corruption Eradication Commission Law, some people think that the KPK has been weakened, which has been an institution loved by the public, even though the government denies that the new KPK Law has not weakened the KPK at all. One of the new things is the formation of the KPK Supervisory Body, one of which has the authority to grant permission to the KPK to conduct searches, which in fact has an impact on the problems at hand. The method used is a normative legal research method. The approach used is a statutory approach. The data used are secondary data obtained by literature study and primary data obtained by conducting interviews with related party respondents. There has been a shift in the meaning of Barriers to Justice as stated in Article 221 of the Criminal Code with Article 221 of the Corruption Eradication Law where Article 221 of the Criminal Code views Obstruction of Justice as a material offense while for Article 21 of the Corruption Eradication Law, Judicial Obstruction is seen as a formal offense. On the other hand, the actions of the Supervisory Board in granting licenses for searches, confiscation, etc. are not automatically considered a disturbance of justice unless it can be proven that the elements of wrongdoing committed by the Supervisory Board can be proven.   Keywords : Corruption, Authority, Obstruction Of Justice.   ABSTRAK Komisi Pemberantasan Korupsi (KPK) telah menjadi lembaga super dengan pengekangan yang luar biasa. Dengan adanya Undang-Undang KPK yang baru, sebagian orang menilai telah terjadi pelemahan KPK yang selama ini menjadi institusi yang dicintai masyarakat, padahal pemerintah membantah bahwa Undang-Undang KPK yang baru sama sekali tidak melemahkan KPK. Salah satu hal baru yaitu adalah pembentukan Badan Pengawas KPK yang salah satunya memiliki kewenangan untuk memberikan izin kepada KPK untuk melakukan penggeledahan, yang ternyata berdampak pada permasalahan yang sedang dihadapi. Metode yang digunakan adalah metode penelitian hukum normatif. Pendekatan yang digunakan adalah pendekatan statutori. Data yang digunakan adalah data sekunder yang diperoleh dengan studi pustaka dan data primer diperoleh dengan melakukan wawancara dengan responden pihak terkait. Telah terjadi pergeseran makna Hambatan Keadilan sebagaimana tertuang dalam Pasal 221 KUHP dengan Pasal 221 Undang-Undang Pemberantasan Korupsi dimana Pasal 221 KUHP memandang Obstruksi Keadilan sebagai delik material sedangkan untuk Pasal 21 Undang-Undang Pemberantasan Korupsi, Obstruksi Peradilan dipandang sebagai delik formal. Di sisi lain, tindakan Dewan Pengawas dalam pemberian izin penggeledahan, penyitaan, dan lain-lain tidak serta merta dianggap sebagai gangguan keadilan kecuali dapat dibuktikan bahwa unsur-unsur perbuatan salah yang dilakukan Dewan Pengawas dapat dibuktikan. Kata Kunci: Korupsi, Otoritas, Obstruksi Keadilan.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Dewa Ayu Dwi Mayasari
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Literature ◽  
Legal Interpretation ◽  
Legal Research ◽  
Accounts Receivable ◽  
Analysis Techniques ◽  
Legal Position ◽  
The Law

Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the company’s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection. This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws. The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full. The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles

scholarly journals Problem Faced by The Public Due to The Improper Waste Disposal and Behaviour of Waste Disposal

2020 ◽  
Vol 7 (2) ◽  
pp. 70-77
Author(s):  
R. Geetha ◽  
S. Rajalakshmi
Keyword(s):  
Waste Management ◽  
Solid Waste ◽  
Waste Disposal ◽  
Management Practices ◽  
Solid Waste Management ◽  
Secondary Data ◽  
The Other ◽  
The Public ◽  
Human Wellbeing ◽  
Waste Management Practices

The solid waste management is not only necessary for maintaining the hygienic environment but in reducing the probable health hazards. The current study deals with the problems faced by the public due to improper waste management and the behaviour in waste disposal. The data used in our study is both primary and the secondary data. Waste cannot be simply thrown away anymore, now it must be managed. Many materials thrown away could be saved by simple things like reusing glass, the municipal landfill could be reduced by almost 10 percent and there are still many advantages to waste management. Today, more people are in favour of companies who invest in “green products”. As a result, companies have removed phosphates, bleaches, and have made their paper products out of recycled papers. The objective of writing this paper is to study the current practices related to the various waste management initiatives taken in India for human wellbeing. The other purpose is to provide some suggestions and recommendations to improve the waste management practices in Indian towns. Int. J. Soc. Sc. Manage. Vol. 7, Issue-2: 70-77  

scholarly journals Identifying ‘Illat through Munasabah in Islamic Law: A Perspective of Imam Al-Ghazali

2021 ◽  
Vol 5 (2) ◽  
pp. 598
Author(s):  
Khairuddin Hasballah ◽  
Andi Darna ◽  
Wardana Said ◽  
Hajarul Akbar ◽  
Ihdi Karim Makinara ◽  
...  
Keyword(s):  
Legal History ◽  
Islamic Law ◽  
Analytical Tool ◽  
The Other ◽  
Legal Research ◽  
Other Hand ◽  
History Approach ◽  
The Way

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines. 

scholarly journals Analisis Penentuan Lokasi Pengembangan Kawasan Pemakaman Umum di Kota Banjarbaru Kalimantan Selatan

2021 ◽  
Vol 5 (1) ◽  
pp. 1-14
Author(s):  
Wiyoga Triharto
Keyword(s):  
Secondary Data ◽  
Land Suitability ◽  
The Other ◽  
Suitability Analysis ◽  
City Development ◽  
The Public ◽  
Location Determination ◽  
New Locations ◽  
The City ◽  
New Location

The need for burial land in the City of Banjarbaru is increasing along with the population growth every year. On the other hand, the availability of land for public cemeteries that does not increase is a problem. The way to overcome this problem is to develop a cemetery in a suitable new location. In achieving the objectives, the authors first collect and summarize primary and secondary data and conduct a literature review and applicable laws and regulations, followed by collecting data on the physical condition / environmental baseline. Second, determine the location of the public cemetery based on the land suitability score. The analysis on this target uses land suitability analysis using GIS. Third, analysis of population and mortality predictions. The analysis uses an analysis of the number of occupations and the size of the area. From the analysis, it is known that several new locations for burial development are still possible. Namely located in Sungai Tiung Village and Cempaka Village, Cempaka District and Gantung Manggis Village and East Landasan Ulin Village, Landasan Ulin District.   Keywords : Banjarbaru City, Development of Public Cemeteries, Location Determination Analysis min.

scholarly journals Fintech Lending: Challenge and Opportunities of the Indonesia’s Loan Unbanked to Develop the Inclusive Financial Industry

2019 ◽  
Vol 3 (2) ◽  
pp. 105
Author(s):  
Pranoto Pranoto ◽  
Munawar Kholil ◽  
Kukuh Tejomurti
Keyword(s):  
Financial Services ◽  
Secondary Data ◽  
Peer To Peer ◽  
Financial Service ◽  
Financial Industry ◽  
Legal Research ◽  
Indonesian Government ◽  
Start Up ◽  
Business Area ◽  
P2p Lending

<p>The aim of this study is to explore and analyze the development of fintech peer to peer lending (fintech) regulation in Indonesia and Indonesia's readiness in facing the fintech industry, especially fintech loans. This study is important since the Indonesian government has begun to ratify fintech as one of the legal financial services in Indonesia. This is a normative legal research, by collecting secondary data including primary, secondary, and tertiary legal materials. The results show that after the Indonesian government approved Fintech as a legitimate financial service in Indonesia, many Fintech Start up companies begin registering their companies, the Indonesian government separate the granting of fintech licenses to the financial services authorities and Indonesian banks according to the types of the fintech, specifically for fintech peer to peer licensing is granted by the financial services authority. Although Fintech P2P Lending can be a prospective business area, there is not infrequently the risk of default by borrowers. The Fintech Provider does not guarantee ongoing loans if they fail to pay. Because the organizer is not a party to a loan agreement made by the lender and the recipient of the loan. there is not infrequently the risk of default by borrowers. The Fintech Provider does not guarantee ongoing loans if they fail to pay. Because the organizer is not a party to a loan agreement made by the lender and the recipient of the loan</p>

Forensic Hypnotism

1894 ◽  
Vol 40 (168) ◽  
pp. 61-62
Keyword(s):  
Legal History ◽  
Criminal Responsibility ◽  
The Other ◽  
The Public ◽  
Legal Evidence ◽  
Hypnotic Suggestion ◽  
Violent Attack ◽  
The Law ◽  
Legal Professions ◽  
Practical Question

If the Dutch judicial authorities ever seriously proposed to hypnotize De Jong, in order to extract from him a clue, which they believed him to be able to give, as to the whereabouts of his alleged victims, the proposal was very promptly extinguished by public and professional criticism both in Holland and in this country. Even the inquisitorial jurisprudence of the continent surely cannot sanction so flagrant an injustice as to convert a prisoner into his own accuser and judge by the aid of hypnotic suggestion. For this and none other would be the result of the hypnotization of persons accused of crime. We are not unmindful of the subtle distinction which the Dutch law is said to draw between the use of statements made by hypnotized subjects as a medium for further inquiry and the acceptance of such statements as legal proofs; the former, we are told by some authorities (although their opinion is disputed), the law of Holland permits, the latter it prohibits. In point of fact, however, this distinction is worthless. Once let an acute juge d'instruction compel a prisoner to supply him with “clues,” and he will soon both turn them into legal evidence (how far such evidence is reliable we shall consider immediately), and let the jury understand that the case for the prosecution is corroborated by the testimony of the prisoner himself. If the hypnotization of prisoners should ever again become a practical question on the continent, we trust that the fact to which we have here called attention will be kept in view, and that a form of inquisition, which is morally as unjustifiable as the rack, will not be introduced under the cover of a distinction without a difference. The case against the hypnotization of prisoners becomes all the stronger when we consider how unreliable the testimony of hypnotic subjects has been proved to be. It is unnecessary to sum up the evidence on this point in any detail. Every student of hypnotic science is familiar with the story of how Lombroso endeavoured to obtain from a criminal, convicted on the clearest evidence, a confession of his guilt, only to find that the convict repeated the same tissue of falsehoods which he had told at his trial; and this case is corroborated by the incident recorded by Moll, of a subject who resisted suggestions to confess the commission of some crime so strenuously as to induce a violent attack of tetanus. It is true that, on the other side, we have the instance of the hypnotists who were obliged to waken a patient lest he should make them the repositories of inconvenient secrets; but there is apparently nothing to show that these incipient confessions were true, and in any event an isolated case of this kind cannot out-weigh the evidence in support of the contrary conclusion. It is not only because of its repulsiveness and probable uselessness that we rejoice that the proposal to hypnotize Do Jong was abandoned. There can be no doubt that if such an experiment had been tried it would have repelled both the public and the medical and legal professions from giving to the phenomena of hypnotism that respectful consideration to which they are justly entitled. How injuriously the prospects of hypnotic science in this country were affected by what transpired at the Eyraud and Gompard trial, no intelligent observer of contemporary medico-legal history needs to be told. We should have regarded a second contretemps of the same kind with deep regret. In a variety of forms the problem of hypnotism will soon be upon us. We may close our eyes to its approach. Pur si muove. How shall we determine the civil capacity and the criminal responsibility of hypnotized subjects? When is hypnotic influence “undue?” How shall we best protect the patient from the hypnotist, and the hypnotist from possible false charges on the part of the patient? With these and other questions of the same description we shall have ere long to deal. We earnestly hope that no untoward incidents in the meantime will deter the educated public from studying hypnotic phenomena in a spirit of calm and dispassionate inquiry. It would, indeed, be a misfortune if, when the problem of hypnotism comes up for solution, its intrinsic difficulties should be intensified by our want of familiarity with its terms.

scholarly journals PENGGUNAAN DAN BATAS DISKRESI DALAM PENGELOLAAN KEUANGAN DAERAH DI INDONESIA

2019 ◽  
Vol 1 (2) ◽  
pp. 176-187
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
Secondary Data ◽  
Comparative Approach ◽  
Regional Government ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Public ◽  
Regional Finance ◽  
Analysis Technique

Regional finance is the most important thing and becomes the pulse in carrying out all regional government affairs. Regulation in the financial sector is important because many regional heads carry out transportation for corruption because they are wrong in managing and making policies that have no legal basis. In this paper, we try to examine problems such as the changing room for discretion and the discretionary limitation in managing regional finances. This type of research used in this paper is normative legal research, that is research conducted or based on written regulations and other legal materials related to secondary data. In this legal research is used to discuss: statute approach, comparative approach, and conceptual approach. The data analysis technique in writing uses data management in essence the activities to make a system of written legal materials. The results of this paper describe how you should use discretion. This concept of discretion comes in the middle of a weak system of registration of invitations and legal vacuum. In essence, government officials take discretionary measures if they ask for various terms and discussion spaces from the discretion itself that has been regulated in government administration laws. These restrictions on the use of discretion indicate that not everything can be taken as a discretionary measure. Using ermessen freis or discretion basically covers the use of ermessen freis cannot replace with the prevailing legal system (positive legal rules) and the use of ermessen freis is only in the public interest.

scholarly journals ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI

2014 ◽  
Vol 1 (2) ◽  
pp. 169
Author(s):  
Andri Winjaya Laksana ◽  
Suratman Suratman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Research Library ◽  
Legal Research ◽  
The Public ◽  
Criminal Investigations ◽  
Library Research

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008

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