scholarly journals HALAL CHARACTERISTICS OF MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) PRODUCTS IN PATEMON VILLAGE, KREJENGAN DISTRICT, PROBOLINGGO REGENCY

2021 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Small And Medium Enterprises ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Product Certification ◽  
The Public ◽  
The Government ◽  
Medium Enterprises

This research is motivated by the fact that there are still products of Micro, Small and Medium Enterprises (MSMEs) in Patemon Village, Krejengan District, Probolinggo Regency, which do not yet have a halal certificate, because the product does not meet the halal criteria and the public does not understand about the characteristics of halal. This study aims to analyze and provide an understanding about the characteristics of halal, especially on MSME products in Patemon Village, Krejengan District, Probolinggo Regency. The method used in this research is normative legal research with the statute approach, conceptual approach, and comparative approach. The result of this research showed that halal characteristics of MSME products in Patemon Village can be seen from 2 (two) aspects, namely the material and the process of making it or the event to get it. Therefore, it is suggested that the MSME product producers in Patemon Village to immediately take care of their halal product certification and to the government to disseminate information to the public regarding about characteristics of halal on MSME products.  

scholarly journals Regulation A+ Sebagai Alternatif Penghimpun Dana Untuk UMKM Dan Start-Up

2021 ◽  
Vol 24 (01) ◽  
pp. 37-48
Author(s):  
Dinda Silviana Putri
Keyword(s):  
Initial Public Offering ◽  
Financial Services ◽  
Small And Medium Enterprises ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Start Up ◽  
Research Problems ◽  
The Government ◽  
Public Offering ◽  
Medium Enterprises

Capital is a problem that is often faced by start-up companies and Micro, Small and Medium Enterprises (MSMEs). On the other hand, these activities are often the choice of Indonesia's lower and middle class as an effort to improve their economy. For this reason, the Government through the Financial Services Authority (OJK) provides steps to raise capital through a crowdfunding method using information technology (equity crowdfunding / ECF). ECF activities are a solution for start-ups and MSMEs to raise capital in ways that are almost similar to Initial Public Offering (IPO) activities by involving publishers, organizers, and investors. Unfortunately, even though it has been going on since 2018, business activities using the ECF as a real effort to provide additional capital have not been maximally implemented. This is because there are several records that can hinder the optimization of the ECF itself, such as the Investors criteria, shares Flexibility, and maximum securities ownership. This research is normative legal research using a conceptual approach, a statutory approach, and a comparative approach and the development of ECF regulations in Indonesia and reformation on investor limitation law in the ECF in Indonesia as research problems. The results of this study indicate that the application and regulation of the ECF in Indonesia still have various deficiencies. Therefore, a solution is needed by adopting several provisions in Regulation A + in America as an effort to overcome these deficiencies.

scholarly journals NOTARY RESPONSIBILITY IN CHECKING HALAL CAUSA REQUIREMENTS ON OBJECTS PROMISED

2020 ◽  
Vol 5 (1) ◽  
pp. 24-32
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Legal Liability ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government

This research is motivated by there is a case of cancellation (null and void) of an authentic deed made by a notary because it does not meet the halal causa requirements. This study aims to analyze and find the form of liability of the Notary in halal causa requirements on the promised object. The results of the study using the normative legal research with the statute approach, conceptual approach, and comparative approach. The results of this study showed that the form of legal liability of the Notary in examining halal causa requirements on the agreed object, namely using the type of liability based on fault, because if halal causa requirements are not fulfilled in the authentic deed which results in the deed being null and void, then it is mistakes of Notaries as officials who are authorized to make and be responsible. At the end of this study, the researcher also provided advice to the government to updated Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position by adding clauses related to the Notary's obligation to check the legal terms of the agreement; as well as advice to the Notary to be more careful, thorough, careful, not taking sides in checking halal causa requirements in the object of the agreement.

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 Prequalification and Classification System for Enterprises in Public Sector of Jordanian E-government

2020 ◽  
Vol 9 (2) ◽  
pp. 249
Author(s):  
Dima Alrwashdeh ◽  
Heba Alrawashdeh ◽  
Issam Hamad Alhadid ◽  
Sufian Khwaldeh
Keyword(s):  
Public Sector ◽  
Information And Communication Technology ◽  
Communication Technology ◽  
Small And Medium Enterprises ◽  
Business Community ◽  
Business Sector ◽  
The Public ◽  
Information And Communication ◽  
The Government ◽  
Medium Enterprises

The use of information and communication technology( ICTs) in the public sector is one of the most important effects were caused by IT .Nowadays, with the development of e-government, set of information are available about the public sector in electronic databases Significantly, that may be agree with each other . Public sector information is considered the most important thing in e-government environment   ,it has a great value. (Shao & Wang, 2010). Moreover, The government environment become is using the Internet and information technology, mainly on their interactions with businesses and citizens, and among themselves. One of the e-Government initiatives is the development of the government-to-business (G2B) system, which is an agenda sets to promote a higher service quality between government entities and the business sector (Dong, Xiong & Han, 2010).This paper aims to discover the importance of the government's small and medium enterprises under the umbrella of e-services G2B. G2B transactions include various services exchanged between the government and the business community, including the deployment of policies and memos, rules and regulations. It includes commercial services provided access to current business information, application forms are loaded, renewal of licenses, registration of companies, to obtain permits, pay taxes, e-Procurement service ERAs (slaves and Abu Shanab, 2010).

scholarly journals Paradigma Keadilan Restoratif Dalam Putusan Hakim

2020 ◽  
Vol 42 (2) ◽  
pp. 180
Author(s):  
Diah Ratna Sari Hariyanto ◽  
Dewa Gede Pradnya Yustiawan
Keyword(s):  
Restorative Justice ◽  
Criminal Procedure ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Cases ◽  
Legal Decisions ◽  
Historical Approach ◽  
The Public ◽  
Procedure Code

Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.   Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.    

scholarly journals Analisis Hukum Pemberian Kredit kepada Usaha Kecil di Provinsi Sumatera Utara

2015 ◽  
Vol 8 (1) ◽  
pp. 125
Author(s):  
Abi Jumroh Harahap
Keyword(s):  
Industrial Development ◽  
Small And Medium Enterprises ◽  
Scientific Publication ◽  
Small Enterprises ◽  
The Public ◽  
The North ◽  
The People ◽  
The Government ◽  
Medium Enterprises ◽  
North Sumatra

For empowering economic of the people (small enterprises), the government has enacted some regulations to provide facilities including credit for enterpreneur even resolving the marketing problem such as Law No. 20 of 2008 on Micro, Small, and Medium Enterprises. This is a legal research of normative with the empirical approach based on the phenomenon in social field, then all of data is displayed systematically to be analyzed deductively. The population consists of 32 regency/city located in the North Sumatra Province, but sample is selected purposively namely five regency/city of them. Duration of the research is 2 years which is oriented on: to improve the policy of government considering small enterprises empowerment in Indonesia spesifically in North Sumatra, scientific publication in a local journal having international serial number (ISSN) or national acredited journal and textbook or handbook. Financial limitedness for developing micro, small and medium enterprises (UMKM) is the clasical problem found frequently in the developing countries. This effects to level of production and its development. The public grants provided by government for developing UMKM is distributed through the special financial agencies such as the bank for industrial development and agribusiness. The commercial banks are hoped to be able to participate in the sector by quota of credit, subsidy, tax income, and guarantee for failure.

scholarly journals ASPEK KEPASTIAN HUKUM PENDIRIAN PERSEROAN UMK MENURUT UU NO.11 TAHUN 2020 TENTANG CIPTA KERJA

2021 ◽  
pp. 1497
Author(s):  
Marcelino Dennis Lesmana ◽  
Nelssen Alessandro ◽  
Sancarlous Sancarlous ◽  
Yuwono Prianto
Keyword(s):  
Small And Medium Enterprises ◽  
Job Creation ◽  
Limited Liability ◽  
Small Companies ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Public ◽  
Research Journal ◽  
The Difference ◽  
Medium Enterprises

Law number 11 of 2020 concerning Job Creation has been inaugurated by the DPR together with the President, after the Law on Job Creation was enacted it caused a lot of controversy in the community where changes to Law number 40 of 2007 concerning Limited Liability Companies and Law number 20 of 2020 2008 concerning Micro, Small, and Medium Enterprises as well as regulations regarding the establishment of New Companies, namely Micro and Small Companies. The object of this research is the legal certainty of Micro, Small and Medium Enterprises Companies established under Law number 11 of 2020 concerning Job Creation. In this study using a normative type of research with a Legislation approach and a conceptual approach, this research shows the legal certainty of Micro and Small Companies established based on a statement in Indonesian based on Law number 11 of 2020 concerning Job Creation. One-sided legal actions are legal actions carried out by one party only and give rise to rights and obligations by one party, while two-party legal actions are legal actions carried out by two parties and give rise to rights and obligations for both parties involved. In this research journal aims to inform the public about the difference between a MSE company and a limited liability company. To establish a business, it does not have to be established by two people, but only one person can establish a UMK company but the legal certainty of a MSE company is still weak compared to other limited liability companies.Undang-Undang nomor 11 Tahun 2020 tentang Cipta Kerja telah diresmikan oleh DPR bersama Presiden, setelah Undang-Undang Cipta Kerja ini diresmikan banyak menimbulkan kontraversi di masyarakat dimana perubahan terhadap Undang-Undang nomor 40 Tahun 2007 tentang Perseroan Terbatas dan Undang-Undang nomor 20 tahun 2008 membahas tentang Usaha Mikro, kecil, dan menengah serta pengaturan tentang pendirian Perseroan Baru yaitu Perseroan Mikro Dan Kecil objek penelitian ini adalah kepastian hukum Perseroan Usaha Mikro Kecil yang didirikan berdasarkan Undang-Undang nomor 11 Tahun 2020 tentang Cipta Kerja. Dalam penelitian ini menggunakan jenis penelitian normatif dengan pendekatan Peraturan Perundang-Undangan dan pendekataan konseptual, penelitian ini menunjukkan kepastian hukum Peseroan Mikro dan Kecil yang didirikan berdasarkan surat pernyataan dalam Bahasa Indonesia berdasarkan Undang-Undang  nomor 11 Tahun 2020 tentang Cipta Kerja. Perbuatan hukum sepihak, adalah perbuatan hukum yang dilakukan oleh satu pihak saja dan menimbulkan hak dan kewajiban oleh satu pihak pula, sedangkan Perbuatan hukum dua pihak, adalah perbuatan hukum yang dilakukan oleh dua pihak dan menimbulkan hak-hak dan kewajiban-kewajiban bagi kedua pihak yang menimbulkan hubungan (timbal-balik).Dalam jurnal penelitian ini bertujuan untuk  memberitahukan kepada masyarakat tentang perbedaan perseroan UMK dan perseroan terbatas untuk mendirikan suatu usaha tidak harus didirikan oleh dua orang melainkan satu orang saja sudah bisa mendirikan perseroan UMK tetapi perseroan UMK kepastian hukumnya masih lemah dibandingkan dengan perseroan terbatas lainnya.

scholarly journals Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi

2021 ◽  
Vol 2 (3) ◽  
pp. 573-579
Author(s):  
Sandi Herintus Kabba ◽  
I Made Arjaya ◽  
I Made Minggu Widyantara
Keyword(s):  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Secondary Sources ◽  
The Law ◽  
The Government

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.

scholarly journals Urgensi Kewaspadaan Dini dalam Rangka Memperkuat Persatuan dan Kesatuan Bangsa

2018 ◽  
Vol 7 (2) ◽  
pp. 250
Author(s):  
I Ketut Rai Setiabudhi ◽  
I Gede Artha ◽  
I Putu Rasmadi Arsha Putra
Keyword(s):  
Early Detection ◽  
Preventive Measures ◽  
Public Awareness ◽  
Public Order ◽  
Security Threats ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Community Awareness ◽  
The Government

Crime Radicalism-terrorism occurs across nations, involves very large networks, making it very difficult to prevent.  Indonesia is one of country that vulnerable occur radicalism-terrorism. The purpose of this study is to analyze the urgency of the function of the Community Awareness Forum in an attempt to capture or observe emerging symptoms that tend to have indications of harm or damage and disturb public order and peace in society. In addition, it aims to make efforts in conducting early detection of threats that can damage the unity and unity of the Indonesian nation. This research was conducted by using normative legal research supported by empirical data, with statute approach, conceptual approach and historical approach. The result of the study shows that the Community Awareness Forum strived to work effectively to capture, collect, coordinate and communicate and inform the public about potential security threats, symptoms or catastrophes. The context of early preventive measures can provide recommendations to the government as a government consideration of policies related to public awareness Kejahatan Radikalisme-terorisme terjadi lintas negara, melibatkan jaringan yang sangat besar, sehingga sangat sulit dicegah. Indonesia adalah salah satu negara yang rentan terjadi radikalisme-terorisme. Tujuan studi ini untuk menganalisa urgensi fungsi Forum Kewaspadaan Dini Masyarakat dalam upaya menangkap atau mengamati gejala-gejala yang muncul yang cenderung ada indikasi membahayakan atau menimbulkan kerugian serta mengganggu ketertiban dan ketentraman dalam masyarakat. Selain itu bertujuan menyusun upaya dalam melakukan deteksi dini terhadap ancaman yang dapat merusak persatuan dan kesatuan bangsa Indonesia. Penelitian ini dilakukan dengan menggunakan jenis penelitian hukum normative yang ditunjang dengan data empirik, dengan pendekatan the statute approach, conceptual approach dan historis approach.  Hasil studi menunjukkan bahwa Forum Kewaspadaan Dini Masyarakat diupayakan berfungsi secara efektif untuk menangkap, mengumpulkan, mengkoordinasikan dan mengkomunikasikan dan memberi informasi kepada masyarakat tentang potensi ancaman keamanan, gejala atau kejadian bencana. Konteks tindakan pencegahan dini dapat memberikan rekomendasi kepada pemerintah sebagai pertimbangan pemerintah mengenai kebijakan yang berkaitan dengan kesadaran masyarakat.

scholarly journals FUNGSI HUKUM PARIWISATA DALAM PEMBERDAYAAN USAHA MIKRO KECIL DAN MENENGAH

2019 ◽  
Vol 4 (2) ◽  
pp. 108-126
Author(s):  
Dewa Gde Rudy
Keyword(s):  
Research Method ◽  
Small And Medium Enterprises ◽  
National Development ◽  
Legal Research ◽  
Conceptual Approach ◽  
Limited Access ◽  
Business Information ◽  
Business Opportunities ◽  
Strategic Role ◽  
Medium Enterprises

Micro, Small and Medium Enterprises (UMKM) have a very strategic role in national development, especially development in the field of tourism. The fact is that business activities carried out by UMKM often fail to compete with large businesses which are in a stronger position. Related to that, empowering UMKM in the field of tourism business is a very important thing to do. The discussion and research in this paper are focused on two things, First: how is the reality and empowerment of UMKM in the field of tourism business. Second: what is the function of tourism law in order to empower UMKM. In this paper, the normative legal research method is used, namely library legal research using a legislation approach (statue approach) and conceptual approach (conceptual approach). The results of the study show that the reality of UMKM in the field of tourism business is still in a marginalized position and still has limited access to capital, business information, marketing, and business opportunities which are important components in conducting business activities. The legal function of tourism in the context of empowering UMKM is ensuring certainty of the protection of UMKM, so that UMKM get various accesses related to businesses that are run to be able to develop and compete with large businesses.

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