scholarly journals Penyelesaian Wanprestasi simpan Pinjam pada Koperasi danu Artha

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Ida Bagus Gede Krismantara Manuaba ◽  
Anak Agung Sagung Laksmi Dewim ◽  
Ni Made Puspasutari Ujianti

Cooperatives as pillars of the national economy are not only expected to be equal to other economic actors, namely BUMN and private sectors but also have a greater role in running an economy characterized by democracy. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. APS is the designation given to the grouping of dispute resolution through the process of negotiation, mediation, conciliation, and expert rights. This study aimed to examine the legal protections for the parties in the event of a default in the Danu Artha Cooperative and reveal how to resolve the parties who enter into an agreement if there is a default in the Danu Artha Cooperative. This study was designed using empirical research with a sociological approach, regulations, conceptual problems, and cases. The data sources used were primary and secondary data. The results of the study revealed that legal protection in the agreement in cooperatives is important and is the basis for cooperatives in running the cooperative business, and dispute resolution against parties who default is carried out through non-litigation and litigation channels. The non-litigation route did not find a common ground so that the dispute was brought and resolved at the State Receivables and Auctions Agency.

2017 ◽  
Vol 1 (1) ◽  
pp. 81
Author(s):  
Muhammad Erwin Munthe

Abstract Constitution mandates that the national economy should be run by promoting people's welfare. This study intends to analyze the mechanisms and criteria for state intervention in order to provide legal protection to consumers and other businesseman in creating healthy business competition. This study uses doctrinal method research in the form of evaluative research. The approach which is used is the approach of legislation with secondary data sources in the form of primary, secondary and tertiary legal materials. From the discussion and showed that the mechanism of state intervention is likethe delimitation of the price tolerance 10 % for rice, granting subsidies (BLT), market operations, tariff Arrangement of Impor Tax, Price Determination of Government Purchase (HPP), Restrictions of food exports. While the criteria for state intervention is the production branches which are important for the country and dominate the life of many people, the production branches are arranged legislation, organized by the state or body or institution established or designated by the government.AbstrakUndang-Undang Dasar 1945 mengamanatkan bahwa perekonomian nasional harus dijalankan dengan mengedepankan kesejahteraan rakyat. Penelitian ini bertujuan untuk menganalisis mekanisme dan kriteria intervensi negaradalam rangka memberikan perlindungan hukum kepada konsumen dan pelaku usaha lainnya dalam mewujudkan persaingan usaha sehat. Penelitian ini menggunakan metode penelitian doktrinal dalam bentuk penelitian evaluatif. Pendekatan yang digunakan adalah pendekatan perundang-undangan dengan sumber data sekunder berupa bahan hukum primer, sekunder dan tersier. Dari hasil pembahasan dan penelitian diperoleh bahwa mekanisme inrevensi harga adalahseperti penetapan batas toleransi harga 10% untuk beras, Pemberian Subsidi (Harga/BLT), Operasi Pasar, Pengaturan Tarif Bea Masuk Impor, Penetapan Harga Pembelian Pemerintah (HPP), Pembatasan Ekspor Pangan. Sedangkan kriteria intervensi negara yaitu pada cabang-cabang produksi yang penting bagi negara dan menguasai hajat hidup orang banyak, cabang-cabang produksi tersebut diatur undang-undang, diselenggarakan oleh BUMN atau badan atau lembaga yang dibentuk atau ditunjuk oleh pemerintah.


2020 ◽  
Vol 1 (2) ◽  
pp. 113-119
Author(s):  
Harisman Harisman

Legal protection is one form of human rights that must be obtained by everyone, especially with regard to the application of criminal law that can have the impact of violations and restrictions on the freedom of others as a form of human rights. It is not uncommon for people's rights to be questioned or even contested when dealing with criminal law. To answer this problem, a study was conducted using the legal research method through a normative jurudical approach which was intended to collect secondary data obtained from the literature in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were analyzed qualitatively descriptive. Based on the analysis conducted, it is clearly seen that people's rights in criminal law are part of human rights that must get respect and protection in order to maintain human dignity through efforts that include: equality before the law, presumption of innocent, non-retroactive and legal assistance, and not tortured, punishment or cruel, inhumane treatment, degrading human dignity and dignity, and not treated arbitrarily.


2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.


Author(s):  
Pujiyono ◽  
Sufmi Dasco Ahmad

This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.


2021 ◽  
Vol 2 (2) ◽  
pp. 281-286
Author(s):  
I Made Aswin Ksamawantara ◽  
Johannes Ibrahim Kosasih ◽  
I Made Minggu Widyantara

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.


2021 ◽  
Vol 4 (2) ◽  
pp. 193-203
Author(s):  
Riska Natagina Putri ◽  
Siti Nurul Intan Sari Dalimunthe

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.


Agrologia ◽  
2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Metius Wonda ◽  
Evawani Tomayahu

Kakao is one of important estate commodity for the national economy, since kakao plantation provide a significant number of employment which is support national income and foreign exchange. This study aims to determine  farm  incomes of kakao farmers in  Hinekombein Village,  Waibu Subistrict of Jayapura District. Primary data was collected by used of interview and observation guided by a questionnaire. The primary data obtained through interviews with farmers using a questionnaire. Secondary data has been obtained from secondary data sources associated with the research. Sampling was done by simple random sampling for cocoa farmers in Hinekombe Village, number of respondents was 30 farmers cocoa farmers This study showed that annual revenue of cocoa of farmers which has 0.5 of cultivated area  was Rp 1,150,556. The revenue of farmer which has 1 ha of cultivated area was Rp. 2.662.500.


2019 ◽  
Vol 7 (2) ◽  
pp. 204
Author(s):  
Dinaselina Chintya Kosasih ◽  
Ambar Budhisulistyawati

<p>Abstract<br />This articles aims to  find out about the mechanism of transactions and profit sharing at PT Sukses  Integritas Perkasa  and legal protection towards Multi-Level Marketing business members in case  settlement during the Multi-Level Marketing business activities in the case study of PT Sukses  Integritas Perkasa. This research is categorized as a descriptive empirical study. It is using a qualitative approach and primary data support and secondary data. According to the research finding, the legal protection of PT Sukses Integritas Perkasa members in case if a dispute occurs has been stated in the company code of ethics based on applicable regulations in Indonesia. The company code of ethics has elaborated the dispute resolution if a dispute occurs, whereby deliberation and consensus are prioritized prior to other resolution alternatives. In case of the deliberation and consensus failure, dispute resolution alternatives would refer to attend the third party that is arbitration based on Indonesia National Arbitrage Organization (BANI).<br />Keywords : Multi-Level Marketing; Legal Protection; Dispute Resolution.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui mekanisme transaksi beserta pembagian reward dalam  PT Sukses Integritas Perkasa dan perlindungan hukum bagi para anggota Multi Level Marketing tersebut beserta cara penyelesaiannya khususnya pada perusahaan MLM PT Sukses Integritas Perkasa. Penulisan hukum ini merupakan jenis penelitian hukum empiris yang bersifat deksriptif. Pendekatan penelitian menggunakan pendekatan data kualitatif dan jenis data berupa data primer serta data sekunder. Berdasarkan hasil penelitian dapat diketahui, bahwa perlindungan Hukum terhadap anggota PT Sukses Integritas Perkasa apabila terjadi perselisihan sudah tertuang dalam kode etik perusahaan yang berpedoman pada peraturan-peraturan yang sudah ada terlebih dahulu dan berlaku di Indonesia. Kode etik perusahaan juga telah menguraikan mengenai penyelesaian sengketa apabila terjadi perselisihan dimana diselesaikan secara damai terleboh dahulu yaitu dengan musyawarah dan mufakat. Pelaksanaan musyawarah dan mufakat apabila tidak menemui titik temu maka akan penyelesaian akan menggunakan alternatif penyelesaian sengketa dengan cara menghadirkan pihak ke tiga yaitu arbitrase yang berpedoman pada peraturan yang ada di  Badan Arbitrase Nasional Indonesia (BANI).<br />Kata Kunci: Multi Level Marketing; Perlindungan Hukum; Penyelesaian Sengketa.</p>


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity


2021 ◽  
Vol 2 (3) ◽  
pp. 542-546
Author(s):  
I Putu Gede Fajar Riski Andika ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani

Child neglect is a phenomenon that often occurs in society which means that adults fail to take responsibility for providing various needs or adequate needs for the child. This can be seen from the needs such as clothing, food, shelter, education to the health of the child himself. This study aims to examine the legal protection of children who are victims of neglect and uncover criminal sanctions against perpetrators of neglect of children. This study uses a normative method considering that there is still a lack of legal norms, with a legislative approach. The data sources used are primary and secondary data obtained through library or recording techniques. After the data is collected, it is then processed descriptively qualitatively. Legal protection for neglected children is a right for every citizen, especially children, which can be divided into preventive and repressive protection. Law Number 35 of 2014, regulates various matters relating to the protection of children about what is prohibited until the sanctions in Article 76B contain that all forms of exploitation such as neglect and involving children in bad or wrong conditions can be subject to the threat of punishment as stated in Article 77B sentenced to imprisonment for 5 years or a fine of up to IDR 100,000,000.


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