scholarly journals Desain Advokasi Pembiayaan Bermasalah Pada Baitul Maal Wa Tamwil

2021 ◽  
Vol 9 (2) ◽  
pp. 445
Author(s):  
Supriyadi Supriyadi ◽  
Kharis Fadlullah Hana
Keyword(s):  
Problem Solving ◽  
Research Method ◽  
Preventive Measures ◽  
Third Party ◽  
Legal Aid ◽  
Legal Research ◽  
Study Results ◽  
Problem Solving Model ◽  
The Right

<p><em>This study aims to determine the appropriate problem-solving model of financing. The research method used is socio-legal research. Researchers follow the activities of BMT practitioners and accommodate input from problems that occur. The object of this research is KSPPS Fastabiq Khoiru Ummah in the Kudus district. The study results show that in handling non-performing financing, preventive measures, monitoring, and handling are needed. This is related to the sustainability of KSPPS because the main objective is to channel the right financing and minimize non-performing financing. The recommendation of this research is to use a third party as an intermediary for the settlement. The closeness of employees with initially not problematic members makes members less responsive when resolved by the KSPPS. A third party in a legal aid institution is needed if the financing is difficult to resolve.</em></p>

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

scholarly journals Implementasi Peraturan Daerah Kabupaten Badung Nomor 10 Tahun 2017 tentang Kawasan tanpa Rokok pada Tempat Wisata

2020 ◽  
Vol 1 (1) ◽  
pp. 55-59
Author(s):  
Karinka ◽  
I Ketut Sukadana ◽  
I Nyoman Sutama
Keyword(s):  
Human Rights ◽  
Cigarette Smoke ◽  
Research Method ◽  
Civil Service ◽  
Public Knowledge ◽  
Legal Research ◽  
Tourist Attractions ◽  
Inhibiting Factor ◽  
The Right

Smoking belongs to the right of all people, but smoking can interfere with Human Rights because the distribution of cigarette smoke produced by smokers can interfere with the health of people around. In Bali, tourist attractions are one of the non-smoking areas. This is stated in the Regional Regulation of Badung No. 10 of 2017 concerning Non-Smoking Areas. Related to this, the study examines two things, that is, the regulation of No-Smoking Areas in the tourist attractions in Badung Regency and the implementation of the Regional Regulation of Badung No. 10 of 2017 on the tourist attractions. The research method used is empirical legal research that is conducting a direct research followed by analyzing data and presented in qualitative manner. In its regulation, Civil Service Police Unit (Satpol PP) as the enforcer of the regional regulation has conducted supervision on tourist attractions and sanctions given in accordance with the Article 21 Number (10) of 2017 of the Badung Regency Regional Regulation. Its application has been done through socialization to the manager of tourist attractions, but the lack of public knowledge about the non-smoking areas in tourist attractions has been appearing as an inhibiting factor.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem

2021 ◽  
Vol 2 (1) ◽  
pp. 121-125
Author(s):  
Putu Aditya Palguna Yoga ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Mutual Cooperation ◽  
Interview Techniques ◽  
The Right ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals TINJAUAN YURIDIS TENTANG PARALEGAL DALAM PEMBERIAN BANTUAN HUKUM

2019 ◽  
Vol 11 (1) ◽  
pp. 103
Author(s):  
Afif Khalid ◽  
Dadin Eka Saputra
Keyword(s):  
Critical Analysis ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Research ◽  
Short Term ◽  
Qualitative Descriptive

AbstractThis research will discuss a juridical review of paralegals in the provision of legal assistance where there is an overlap of authority between Advocates and paralegals who through Regulation of the Minister of Law and Human Rights Permenkumham Number 01 Year 2018 are authorized to obtain proceedings both in non-litigation and litigation. The short-term goal expected from this research is to provide a critical analysis of paralegals in the provision of legal assistance in a justice system in Indonesia. The long-term goal of this research can be an appropriate and effective framework in solving problems regarding the provision of legal assistance as efforts to provide legal protection for justice seekers. This research uses a normative juridical research method. This normative legal research was conducted in a qualitative descriptive, normative descriptive means that the material or legal materials are collected, sorted and subsequently studied and analyzed for content, so that it can know the level of synchronization, the feasibility of norms, and the submission of new normative ideas. Keynote: Paralegals, Advocate, Legal Aid, Justice. AbstrakPenelitian ini akan membahas tentang tinjauan yuridis tentang paralegal dalam pemberian bantuan hukum dimana terdapat tumpang tindih kewenangan antara Advokat dengan paralegal yang melalui Permenkumham Nomor 01 Tahun 2018 diberikan wewenang untuk dapat beracara baik secara non litigasi maupun litigasi. Tujuan jangka pendek yang diharapkan dari penelitian ini adalah untuk memberikan analisa kritis terhadap paralegal dalam pemberian bantuan hukum dalam sebuah sistem peradilan di Indonesia. Tujuan jangka panjang dari penelitian ini dapat menjadi kerangka kerja yang tepat dan efektif dalam menyelesaikan permasalahan tentang pemberian bantuan hukum sebagai upaya-upaya pemberian perlindungan hukum para pencari keadilan. Penelitian ini menggunakan metode penelitian yuridis normatif. Penelitian hukum normatif ini dilakukan secara deskriptif kualitatif, yaitu materi atau bahan-bahan hukum tersebut dikumpulkan, dipilah-pilah untuk selanjutnya dipelajari dan dianalisis muatannya, sehingga dapat diketahui taraf sinkronisasinya, kelayakan norma, dan pengajuan gagasan-gagasan normatif baru. Kata Kunci: Paralegal, Advokat, Pemberian Bantuan Hukum, Peradilan

scholarly journals AKIBAT HUKUM KRIMINALISASI PENGURUS SERIKAT PEKERJA ATAS TINDAK PIDANA PENCEMARAN NAMA BAIK TERHADAP KEDUDUKAN SERIKAT PEKERJA DI DALAM PERUSAHAAN (STUDI PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR: 95/PID/2018/PT.DKI)

2019 ◽  
Vol 2 (1) ◽  
pp. 719
Author(s):  
Jefahnia Octaviani ◽  
Andari Yurikosari
Keyword(s):  
Labor Unions ◽  
Research Method ◽  
Labor Union ◽  
Industrial Relations ◽  
Third Party ◽  
Legal Research ◽  
High Court ◽  
Employment Sector ◽  
Legal Subjects ◽  
The Impact

One of the legal subjects in the employment sector is labor unions. Labor unions are considered as organizations that able to help workers fight for their rights. When there is an industrial relations dispute between employers and workers, labor unions can represent their members in the process of resolutions that includes three steps, which are Bipartite, Tripartite, and Court of Industrial Relations. Based on the applicable laws, in order to carry out their main duties and functions, labor unions must be independent and democratic. Referring to DKI Jakarta High Court Judgement No. 95/Pid/2018/PT.DKI, two of labor union officials in PT Damira are prosecuted by third party outside of Bipartite for criminal acts of defamation, and the prosecution itself build upon their statements on Bipartite. This kind of prosecution can be categorized as a form of criminalization of labor union officials, thus raises issues of how legal protections for labor union officials who are prosecuted by third party and the impact of the criminalization of labor unions officials to the standing of labor unions. The author analyzes both issues comprehensively using the normative legal research method. According to the research, can be councluded that the legal protections of labor union officials is not carried out as stipulated in the applicable laws. Furthermore, criminalization of labor union officials has important impact which includes two things, namely the legal uncertainty of labor union officials regarding their status as workers and the standing of labor unions within the company after the criminalization.

scholarly journals Position of Tax Debt and Labour Right: Legal Review

2020 ◽  
Vol 1 (4) ◽  
pp. 1-8
Author(s):  
Sonya Liani Ramadayanti
Keyword(s):  
Research Method ◽  
Special Treatment ◽  
Tax Law ◽  
Bankruptcy Law ◽  
Constitutional Court ◽  
Legal Research ◽  
Labour Law ◽  
Legal Principles ◽  
Legal Rules ◽  
The Right

This study aims to explain the position of tax debt and labour right in bankruptcy. The legal research method used in this research using normative research, the legal rules and legal principles used related to bankruptcy law, tax law and labour law will be a reference in describing the problem of the position of tax debt and labour right in bankruptcy cases. The Taxation Law gives a special treatment and higher position on which the tax debt is first to be paid by the debtor and followed by the right borne by the separatist creditor. On the other hand, Law Number 13 of 2003 concerning Employment also regulates that the labour of the wages and other rights of the labour and positioned the labour as preferred creditor on which the privilege is given by the law. However, there are no statements in the Employment Law that stated the position of labour as a preferred creditor is higher than separatist creditor in the matter of bankrupt as what the Taxation Kaw expressed creditor is higher than the separatist creditor within the matter of tax payment. That distinction seems positioned the preferred creditor status of labour is lower than the position of separatist creditor on the matter of right fulfillment in bankruptcy. It is certainty that the statement which stated that the collection of tax debts have the right to preceded than other debts does not fit in this matter. Eventually, there is a decision of Constitutional Court Number 67/PUU-XI/2013 that provides a change within the position labour’s right on the matter of bankruptcy.

Sign in / Sign up

Export Citation Format

Share Document