scholarly journals PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Wayan Wesna Astara
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Other ◽  
Equal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The World ◽  
Insolvency Proceedings ◽  
Debt Payment

The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency

scholarly journals Legal Protection of Resigning Workers' Right Over Separation Pay Compensation in Justice Perspective

2020 ◽  
Vol 7 (8) ◽  
pp. 713
Author(s):  
Atmari Atmari ◽  
Budiarsih Budiarsih ◽  
Slamet Suhartono
Keyword(s):  
Research Method ◽  
Labor Law ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Historical Approach

Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Eksistensi Perjanjian Ditengah Pandemi Covid-19

2020 ◽  
Vol 1 (1) ◽  
pp. 33
Author(s):  
Kunarso Kunarso ◽  
A Djoko Sumaryanto
Keyword(s):  
Research Method ◽  
Virus Disease ◽  
Human Life ◽  
Large Population ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Corona Virus ◽  
Force Majeure ◽  
The World

Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.

scholarly journals PERLINDUNGAN HUKUM TERHADAP WINE SALAK DESA ADAT SIBETAN KABUPATEN KARANGASEM

2020 ◽  
Vol 8 (11) ◽  
pp. 1751
Author(s):  
I Made Sudirga
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Local Economy ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Research ◽  
Conceptual Approach ◽  
Wine Production

Tujuan penelitian ini untuk menganalisis perlindungan hukum terhadap produk wine salak desa sibetan berdasarkan Peraturan Pemerintah No 51 tahun 2007 tentang Indikasi Geogerafis. Tulisan ini menggunakan metode penelitian hukum empiris. Pendekatan yang digunakan dalam penelitian ini yakni pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Hasil penelitian menunjukan bahwa perlindungan hukum terhadap wine salak produksi desa Sibetan, kecamatan Bebandem kabupaten karangasem ditinjau dari Peraturan Pemerintah Nomor 51 Tahun 2007 tentang Indikasi-Geografis belum mampu meningkatkan perekonomian masyarakat setempat terbukti belum terdaftarnya sebagai indikasi geografis dan hal ini berdampak pada nilai jual wine tersebut yang terbilang murah seukuran produksi wine serta pemasarannya belum luas hanya sebatas wisatawan yang berkunjung saja. The purpose of this study was to analyze the legal protection of salak wine products in the Sibetan village based on Government Regulation No. 51 of 2007 concerning Geographical Indications. This paper uses an empirical legal research method. The approach used in this research is the statute approach and the conceptual approach. The results showed that the legal protection of salak wine produced in Sibetan village, Bebandem sub-district, Karangasem district in terms of Government Regulation Number 51 of 2007 concerning Geographical Indications has not been able to improve the local economy, it is proven that it has not been registered as a geographical indication and this has an impact on the selling value of the wine. which is relatively inexpensive about the size of wine production and its marketing is not extensive, only limited to visiting tourists.

scholarly journals Perlindungan Hukum Atas Kriminalisasi Terhadap Notaris Karena Terjadinya Pembatalan Perjanjian Jual Beli Hak Atas Tanah

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 514
Author(s):  
I Gusti Ngurah Bagus Pramana ◽  
Gde Made Swardhana
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Future ◽  
Problem Formulations

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

scholarly journals LEGAL PROTECTION IN RESTITUTION TO THE VICTIMS OF HUMAN TRAFFICKING

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
GIOFANNI DIAN NOVIKA
Keyword(s):  
Human Trafficking ◽  
Social Factors ◽  
Research Method ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
The World

The modus operandi offered by traffickers makes victims often deceived by these enticements. This phenomenon is caused by various social factors such as poverty. Reality like this is what makes them easily trapped in the world of slavery. The research method used in this paper is normative juridical research, using the statutory approach and the conceptual approach. Research shows an increase in cases of human trafficking is a serious problem that requires a quick reaction in handling. Legal protection for victims can be specifically protected by restitution or compensation given to the victim or family by the perpetrator.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Legal Protection for Online Transportation Service Providers in Transporting Passengers

2021 ◽  
Vol 8 (2) ◽  
pp. 70-77
Author(s):  
Desak Nyoman Oxsi Selina ◽  
I Made Wirya Darma
Keyword(s):  
Research Method ◽  
Service Providers ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Transportation Services ◽  
Legal Subject ◽  
Transportation Service ◽  
Legal Consequence ◽  
The Republic

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.

scholarly journals Penerapan Pasal 1320 Kuh Perdata Terhadap Tanggung Jawab Penjual Dalam Perjanjian Jual Beli Barang Melalui Media Internet

2020 ◽  
Vol 2 (1) ◽  
pp. 73-77
Author(s):  
I Komang Mahesa Putra ◽  
Ni Luh Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Electronic Commerce ◽  
Public Interest ◽  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
The Internet ◽  
Legal Research ◽  
Conceptual Approach ◽  
Internet Media ◽  
The Government

Abstract-This trade activity by utilizing internet media is known as electronic commerce, or abbreviated as e-commerce. Regarding the relevance of existing legislation with the need for regulations in buying and selling transactions through internet media, especially the seller's responsibility. The formulation of the problem in this writing is how the legal protection for the parties in the sale and purchase agreement through the internet media and how the seller's responsibility in the sale and purchase agreement based on article 1320 of the Civil Code. The author uses the type of normative legal research and the problem approach used is the basis of the conceptual approach and legislation. The agreement needed to give birth to an agreement mandated in Article 1320 of the Civil Code is considered to have been reached if the statement of one party was received by the other party. In summary, an agreement is considered to have taken place when one of the parties agreed. The government should provide more stringent supervision for the parties who carry out this electronic transaction, namely by conducting a registration of all activities involving public interest in electronic traffic. Keywords: Sale and Purchase Agreement, Seller responsibilities, e-commerce Abstrak-Kegiatan yang menggunakan elektronik komersil sudah digandrungi beberapa orang dengan penggunaan yang semakin meningkat dengan pesat setiap tahunnya atau disingkat e-commerce. Berkaitan dengan relevansi peraturan perundang–undangan yang sudah ada dengan kebutuhan akan peraturan dalam transaksi jual beli melalui media internet terutama pertanggungjawaban penjual. Rumusan masalah dalam penulisan ini adalah bagaimana perlindungan hukum bagi para pihak dalam perjanjian jual beli melalui media internet dan Bagaimana tanggung jawab penjual dalam perjanjian jual beli barang berdasarkan pasal 1320 KUH Perdata. Penulis menggunakan tipe penelitian hukum normative dan pendekatan masalah yang digunakan adalah dasar pendekatan konseptual dan Peraturan perundang-undangan. Persetujuan antara kedua orang yang menjalin suatu hubungan keperdataan di anggap telah sah apabila keduanya setuju. Ringkasnya, suatu perjanjian dianggap telah terjadi pada saat salah satu pihak menyatakan sepakat. Pemerintah seyogyanya memberikan pengawasan yang lebih ketat lagi bagi para pihak yang melakukan transaksi elektronik ini yaitu dengan jalan melakukan suatu pendaftaran terhadap segala kegiatan yang menyangkut kepentingan umum didalam lalu lintas elektronik. Kata Kunci: Perjanjian jual beli, tanggung jawab penjual, e-commerce

scholarly journals Perlindungan Hukum Pekerja yang Terkena Pemutusan Hubungan Kerja di Masa Pandemi Covid-19

2021 ◽  
Vol 21 (3) ◽  
pp. 1112
Author(s):  
Nazifah Nazifah ◽  
Syarifa Mahila
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
Job Creation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Legal Method ◽  
Force Majeure ◽  
Unilateral Termination ◽  
The World ◽  
Materials Used

The Covid-19 pandemic that has hit all countries in the world,including Indonesia, has had a negative impact on Indonesia’s economic growth. The negative impact of this pandemic is that many companies cannot operate properly so that many company suffer losses and not a few are forced to close their companies which  in the end has an impacts on umilateral termination of employment in many companies. The purpose of this study is to analyze the legal protection for workers who experience termination of employment unilaterally during this pandemic, in terms of the perspective of the Manpower Act. The research method used in this research is normative legal method by prioritizing a statutory approach, conceptual approach, and the legal materials used are all laws and regulations related to this research, especially the Manpower Act.Terminations of employment by many companies has a negative impact on workers. Moreover, Article 151Paragraph 1 of Law Number 13 Year 2013 concerning Manpower has emphasized that employers, workers. The Goverment must make every effort to prevent termination of employment, but in Law Number 11 Year 2020 about Job Creation Article 154 Paragraph (1) letter d states that the termination of employment can be carried out in a condition where the company is closed due to force majeure, and this covid-19 pandemic used as a reason for the company’s force majeure to unilaterally lay off workers.  The results of the research are expected to provide legal protection for workers affected by the covid-19 pandemic in the form of unilateral termination of employment.

Sign in / Sign up

Export Citation Format

Share Document