scholarly journals ANALISIS ACTIO PAULIANA DALAM KEPAILITAN TERKAIT PEMBERIAN FASILITAS KREDIT TERHADAP PERUSAHAAN DENGAN JAMINAN ATAS NAMA DIREKSI

2019 ◽  
Vol 1 (2) ◽  
pp. 749
Author(s):  
Salvian Salmon ◽  
Christine S.T. Kansil
Keyword(s):  
Law Enforcement ◽  
Case Studies ◽  
Research Methods ◽  
Strong Evidence ◽  
Formal Proof ◽  
Legal Institution ◽  
Legal Certainty ◽  
Legal Relationship ◽  
Analytical Research

The Actio Pauliana legal institution was formed in Article 41 and Article 42 of Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt with the aim of avoiding legal actions that could harm creditors in their legal relationship with bankrupt debtors. The case of actio pauliana also occurred in the bankruptcy of PT Sumber Urip Sejati Utama, so this study uses normative descriptive analytical research methods with case studies. Actio pauliana's law enforcement is very difficult to do, in the case of the author, Actio Pauliana is actually in accordance with the relevant law, but requires strong evidence because the judge prioritizes formal proof. Regarding differences in decisions, this occurs because of the consideration of a judge who is lacking in the first level court so that it is canceled at the appellate level, whereas this occurs because the curator's evidence is still lacking. The author concludes that at this time, proof of actio pauliana in the case that the author adopted was in accordance with the relevant law but the verification by the curator must be done formally. While the differences in decisions at the first level court and cassation occur because the judge prioritizes legal certainty.

scholarly journals Pembatalan Perjanjian Sewa Gedung Pernikahan Akibat Pandemi Covid-19

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 38
Author(s):  
Septini Anriwati ◽  
Dwi Aryanti Ramadhani
Keyword(s):  
Research Methods ◽  
Large Scale ◽  
Business World ◽  
Legal Principles ◽  
Legal Relationship ◽  
Force Majeure ◽  
Presidential Decree ◽  
Social Restriction ◽  
Analytical Research ◽  
National Disaster

Agreement / contract is a legal relationship that is often carried out in the business world / community in Indonesia. With the issuance of the Presidential Decree which stipulates the Corona Virus (COVID19) as a national disaster it has had an impact on all aspects of community life then the local government issued a large-scale social restriction (PSBB) regional regulation. With the decision of Covid-19 as a national disaster emergency, restrictions and / or restrictions on activities in the community were imposed, which resulted in the cancellation of the building lease agreement for wedding receptions which could result in default in fulfilling the rights of the Parties. The research was conducted by using the normative juridical method and the specification using descriptive analytical. research methods that are research methods that use an approach based on the main legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The results of the research and discussion show that Covid-19 can be categorized as a force majeure which can be a reason for the cancellation of an agreement to rent a building. So that a renegotiation is needed in order to fulfill the obligations of the Parties in leasing a building.

scholarly journals TINJAUAN HUKUM PERJANJIAN YANG TELAH DALUWARSA TERHADAP UTANG-PIUTANG YANG DILAKUKAN DI BAWAH TANGAN BERDASARKAN HUKUM POSITF DI INDONESIA(Contoh Kasus Putusan Pengadilan Negeri Jakarta Pusat Nomor 538/Pdt.G/2014/PN.JKT.PST)

2019 ◽  
Vol 1 (2) ◽  
pp. 646
Author(s):  
Imelda Septy Febrian ◽  
Hanafi Tanawijaya
Keyword(s):  
Research Methods ◽  
Strong Evidence ◽  
Word Of Mouth ◽  
Islamic Law ◽  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Time Period ◽  
Made In

In practice, borrowing money is one of the means to get funds needed by humans. However, with the development of the era of borrowing and borrowing, there must be strong evidence to prove that there has been a loan lending event. in practice the agreement is carried out either in writing or by word of mouth or written under the hand, in accordance with the demand for it must be made in the presence of good faith and legal certainty. In making an agreement usually given a predetermined period of time based on the agreement of the parties. And if the agreement has expired the time period has been set then in the agreement the debt is past its term. But in this case the agreement was expired and the creditor had only collected the debt to the debtor for 34 years. What if the creditor collects the debt that has passed this time and in the Islamic law the debt must be paid even though the person who has the debt has died. The author examines this problem by using normative legal research methods supported by interviews with people who are experts in the field of Islamic law and law. In this agreement, it can cause losses to the creditor. As a result, in Article 1362 of the Civil Code, it is said that if a default occurs, there is a compensation.

scholarly journals Fulfillment Of Restitution Rights In The Level Of Investigation In The Semarang Big City Resort Police In Beating Criminal Case

2020 ◽  
Vol 3 (2) ◽  
pp. 299
Author(s):  
Aris Sophian ◽  
Umar Ma'ruf ◽  
Aryani Witasari
Keyword(s):  
Law Enforcement ◽  
Field Research ◽  
Secondary Data ◽  
Police Department ◽  
Primary Data ◽  
Legal Certainty ◽  
Criminal Offenses ◽  
Big City ◽  
Analytical Research ◽  
Theory Of Law

The purpose of this study was to determine and analyze the granting of restitution rights in the handling of beatings, the implementation of restitution rights in the handling of beatings in the Semarang Big City Resort Police Department, as well as the obstacles faced and solutions in granting restitution rights in the handling of beatings in the Semarang Big City Resort Police.This study uses empirical juridical research methods, with descriptive analytical research specifications, the data used in this study are secondary data, obtained through literature studies and primary data obtained through field research which are then analyzed qualitatively using the theory of legal certainty, theory of law enforcement .The results of this study are: (1). The implementation of restitution rights at the level of investigation in the handling of beatings in the Semarang Big City Resort Police Department. Efforts to grant restitution rights at the investigation level should investigators choose and sort out which cases can be given restitution rights at the investigation level so that victims of criminal offenses receive compensation accordingly with what has been suffered by the victims of the crime and the case can be completed in the level of investigation with peace between the victim and the suspect. (2). Obstacles and solutions in granting restitution rights in the handling of beatings at the level of investigation in the Semarang Big City Resort Police Department,Keywords: Restitution Rights; Beating Crime; Semarang Big City Resort Police.

scholarly journals Young children’s language-based agency in multilingual contexts in Luxembourg and Israel

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Mila Schwartz ◽  
Claudine Kirsch ◽  
Simone Mortini
Keyword(s):  
Learning Environment ◽  
Case Studies ◽  
Research Methods ◽  
Language Policies ◽  
Educational Settings ◽  
Structured Interviews ◽  
Self Monitoring ◽  
Teachers And Parents ◽  
Linguistic Backgrounds ◽  
Longitudinal Case Studies

AbstractDrawing on two longitudinal case-studies, this study aimed to identify some salient characteristics of the agentic behaviour of two young emergent multilinguals in two different multilingual contexts: Luxembourg and Israel. Despite the fact that the studies were conducted independently, the two cases were analysed together owing to the similarities in the research methods such as video-recorded observations, and semi-structured interviews with teachers and parents. The data were analysed through thematic and conversational analyses. Findings showed that a boy who learned Luxembourgish in Luxembourg and a girl who learned Hebrew in Israel, were outgoing and active learners who influenced their learning environment. We identified 10 types of agentic behaviour, including engaging in repetition after peers and the teacher, creatively producing language, translanguaging, and self-monitoring. Despite differences of the children’s sociocultural and linguistic backgrounds, and the language policies of their educational settings, we found a striking overlap in their language-based agentic behaviours. We suggest that the identified types can encourage further research in this field. Although our study with talkative children allowed us to observe many types of agentic behaviours, we cannot claim that less outgoing children or children who do not show the same behaviours do not have ways of expressing their agency.

Kegiatan Hubungan Internal Melalui Human Relations

2020 ◽  
Vol 2 (4) ◽  
pp. 381-400
Author(s):  
Saeful Rahman ◽  
Saeful Rahman
Keyword(s):  
Qualitative Research ◽  
Public Relations ◽  
Case Studies ◽  
Research Methods ◽  
Qualitative Research Methods ◽  
Human Relations ◽  
Internal Relations ◽  
Family Gathering

ABSTRAK Tujuan penlitian kegiatan hubungan internal melalui human relations pada PT. Dias Design Consult adalah untuk mengetahui bagaimana pimpinan perusahaan menjalankan prinsip-prinsip human relations dalam hubungan internal, agar terciptanya hubungan yang harmonis dalam perusahaan secara efektif dan efisien. Penelitian ini menggunakan metode penelitian kualitatif dengan pendeketan studi kasus dan paradigma konstruktivstik. Hasil penelitian dengan menggunakan konsep POAC (Planning, Organizing, Actuating, Controling) pimpinan perusahaan dalam melakukan kegiatan hubungan internal melalui human relations dalam menjaga, meningkatkan, memelihara dan membangun hubungan harmonis dalam publik internal menerapkan prinsip-prinsip hubungan antar manusia dengan kegiatan hubungan antar mansuia yang bersifat memberikan kenyamanan dan kepuasan hati melalui perkumpulan keluarga, bonus tahunan, pujian dan konseling. Kata Kunci : Hubungan Internal; Human Relations; Public Relations ABSTRACT The purpose of researching internal relations activities through human relations at PT. Dias Design Consult is to find out how company leaders carry out the principles of human relations in internal relations, in order to create harmonious relationships within the company effectively and efficiently. This study uses qualitative research methods with a series of case studies and constructive paradigms. The results of the study using the concept of POAC (Planning, Organizing, Actuating, Controling) company leaders in carrying out internal relations activities through human relations in maintaining, improving, maintaining and building harmonious relationships in the internal public apply the principles of human relations with activities between human relations which is to provide comfort and satisfaction through family gathering, annual bonuses, praise and counseling. Keywords : Internal Relations: Human Relations; Public Relations

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals A Critical Analysis of Legal Aid in Bangladesh

2014 ◽  
Vol 2 (1) ◽  
pp. 139
Author(s):  
Md. Nannu Mian ◽  
Md. Mamunur Rashid
Keyword(s):  
Financial Crisis ◽  
Research Methods ◽  
Critical Analysis ◽  
Poverty Line ◽  
Legal Rights ◽  
Legal Knowledge ◽  
Legal Aid ◽  
The Poor ◽  
Analytical Research ◽  
The Government

Legal aid is essentially a mechanism that enables the poor and the vulnerable sectors of the society to be able to enforce their legal rights in order to access a fair and equitable justice in the society. Nowadays, a legal aid can be justifiably said as a crying need to ensure social and legal justice in Bangladesh because most of the citizens are illiterate and they live below the poverty line which incidentally makes matters worse. Due to their financial crisis or lack of legal knowledge they are often precluded to access justice. In recognizing the legal aid as a right, the government has enacted some laws. However, unfortunately those laws are full of weaknesses, loopholes, and procedural complexities which have to be judiciously addressed in the proper legal perspectives. As a matter of fact, legally speaking, much has been said and done, but ironically not much has been practiced. Due to these ever unsettling defects, the ultimate objectives of those laws have frequently failed to ensure enjoyment of the legal aid services among the vulnerable sectors of the society. In this research, an attempt has been made to analyze and find out numerous legal the gaps, loopholes and complexities of the existing laws relating to legal aid services in Bangladesh and frame out a comprehensive solution for ensuring the aid program by adopting the qualitative and the analytical research methods.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

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