scholarly journals Lembaga Jaminan Fidusia: Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

2020 ◽  
Vol 3 (2) ◽  
pp. 84
Author(s):  
Ari Wirya Dinata
Keyword(s):  
Qualitative Methods ◽  
Power Relations ◽  
Primary Data ◽  
Constitutional Court ◽  
Power Relationship ◽  
Analysis Method ◽  
Breach Of Contract ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences

Fiduciary is one of the guarantees where the debtor has the right to control and take advantage of the goods that are used as fiduciary security objects. Article 15 paragraphs (1), (2), and (3) of Law Number 42 Year 1999 concerning Fiduciary Guarantee regulates the execution mechanism for fiduciary security objects when the fiduciary giver (debtor) experiences breach of promise to the fiduciary recipient (creditor). So far, the execution mechanism for fiduciary security objects regulated in the Act creates legal uncertainty and harms the debtor's rights. Because it gives too much power to the creditor. The imbalance of power relations between debtors and creditors towards the handling of the problem of breach of contract actually causes an injustice in existing fiduciary institutions. The Constitutional Court, through decision number 18 / PUU-XVII / 2019, tries to return the fiduciary institution to the spirit of equilibrium relations between debtors, creditors, and fair fiduciary guarantees. After the decision of the Constitutional Court Number 18 / PUU-XVII / 2019. Has there been a harmonious power relationship between two legal subjects in fiduciary guarantees. This paper examines the pre and post fiduciary guarantee institutions of the Constitutional Court and analyzes the legal consequences that occur. This paper uses a type of juridical-normative research using primary data and primary, secondary and tertiary legal material. While the analysis method uses qualitative methods

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

scholarly journals PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN)

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Agus Sudiarawan
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Industrial Relations ◽  
Secondary Data ◽  
Empirical Method ◽  
Primary Data ◽  
Constitutional Court ◽  
Inhibiting Factors ◽  
The Government ◽  
The Right

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

scholarly journals The right to dispose of an item of property acquired in marriage

SEEU Review ◽  
2015 ◽  
Vol 11 (2) ◽  
pp. 81-93
Author(s):  
Emine Zendeli
Keyword(s):  
Republic Of Macedonia ◽  
Normative Framework ◽  
Research Article ◽  
Marital Property ◽  
Joint Ownership ◽  
The Republic ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences ◽  
Joint Property

Abstract This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint property and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things (alienation or assignment of things from joint ownership), through legal activities (sale, donation, exchange, etc.). In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage.

scholarly journals TANGGUNG JAWAB HUKUM BADAN USAHA PELABUHAN TERHADAP KLAIM ATAS KELALAIAN PELAYANAN JASA BONGKAR MUAT BARANG KEPADA EKSPEDITUR

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Muhammad Rafiq Abdillah Duyo
Keyword(s):  
Qualitative Methods ◽  
Research Result ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Library Research ◽  
Litigation Process ◽  
Legal Consequences

This research is aimed to analyse legal consequences of port enterprise regarding claim over negligence in loading and uploading services to expeditor to investigate how the responsibility is performed by PT. Pelabuhan Indonesia IV regarding the claim over negligence in loading and uploading services to the expeditor and what measures are taken by the port enterprise to settle the dispute. This is an empirical legal research that employed socio-juridical approach. Primary data was obtained by conducting interviews and observation, while the secondary data from library research that relevantly supports the issue observed. All those types of data will be analysed with descriptive and qualitative methods. The research result reveals that the implementation of the responsibility of PT. Pelabuhan Indonesia IV is restricted by law. As implied in Article 468 Paragraph (2), if the port enterprise could provide proof of being not guilty, in which the goods are damaged when shipped or forwarding, this damage is not the responsibility of PT. Pelabuhan Indonesia IV. The claim can be responded through non-litigation process in which negotiation may take place between two involved parties.

scholarly journals Talak di Luar Pengadilan Perspektif Fikih dan Hukum Positif

2021 ◽  
Vol 3 (1) ◽  
pp. 67-84
Author(s):  
M Muhsin ◽  
Soleh Hasan Wahid
Keyword(s):  
Qualitative Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Method ◽  
Marriage Law ◽  
Positive Law ◽  
The Status ◽  
Legal Consequences ◽  
Husband And Wife

Abstract: Divorce is breaking the ties of marriage and ending the husband and wife relationship. According to Fiqh law, divorce is considered legally binding when a husband pronounces the word talaq to his wife clearly and figuratively. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out before the court after the court concerned tries and fails to reconcile the two parties. The focus of the problem in this study is: (1) What is the status of divorce outside the court according to fiqh law and positive law? (2) Which is used as a guideline between the two divorce proceedings on the termination of marriage? The type of research conducted by the author is field research using qualitative methods. The analysis used is the descriptive analysis method. The number of respondents in this study was five people with the category of divorce outside the court. Based on the method used in the study, it was concluded that the divorce handed down out of court was legal, according to fiqh, so that the marriage broke up by fiqh rules. However, the divorce is not legal according to positive law in Indonesia, so that in the eyes of positive law, the marriage has not been broken, and the positive law that applies in Indonesia is used as a guide to the dissolution of marriage because the legal consequences arising after the divorce are more clearly regulated so that obligations and rights that arise after the divorce is more secure.Abstract: Talak adalah melepaskan ikatan pernikahan dan mengakhiri hubungan suami istri. Menurut hukum Fikih perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada istrinya baik secara jelas maupun kiasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak. Fokus masalah dalam penelitian ini adalah: (1) Bagaimana status talak di luar pengadilan menurut hukum fikih dan hukum positif? (2) Manakah yang dijadikan pedoman antara dua proses perceraian terhadap putusnya perkawinan? Jenis penelitian yang dilakukan penulis merupakan penelitian lapangan (field research) yang menggunakan metode kualitatif. Analisis yang digunakan adalah metode analisis deskriptif. Jumlah responden dalam penelitian ini sebanyak lima orang dengan kategori melakukan penceraian di luar Pengadilan. Berdasarkan metode yang digunakan dalam penelitian dihasilkan kesimpulan bahwa, talak yang dijatuhkan di luar pengadilan adalah sah menurut fikih, sehingga perkawinannya putus sesuai dengan aturan fikih. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.

scholarly journals THE EFFECT OF RELIGIUSITY MODERATION ON THE EFFECT OF INCOME ON MUSLIM HOUSEHOLD CONSUMPTION EXPENDITURE

2020 ◽  
Vol 12 (1) ◽  
pp. 119-132
Author(s):  
Bayu Ananda Putra ◽  
Kusnendi ◽  
Aas Nusrasyiah
Keyword(s):  
Regression Analysis ◽  
Data Analysis ◽  
Social Values ◽  
Sampling Technique ◽  
Household Consumption ◽  
Primary Data ◽  
Consumption Expenditure ◽  
Analysis Method ◽  
Analysis Technique ◽  
The Right

Abstract : Islam regulates one's consumption to stay in the right corridor, such as not wasteful and also pay attention to social values. A good Muslim must be able to distinguish between needs and desires. But today, in reality, there are still many people who live consumptive and hedonism. This study aims to determine the effect of income on Muslim household consumption expenditure and the extent to which religiosity can moderate that influence. The population in this study were housewives in majelis taklim in Sukasari District. The sampling technique is purposive sampling-judgment sampling with a sample size of 97 respondents. The method used in this research is explanatory method with a quantitative approach. Data collection techniques using primary data through interviews and questionnaires to housewives in the Sukasari District taklim assembly. The data analysis technique used is the Moderated Regression Analysis method. The results showed that income significantly affected the consumption expenditure of Muslim households, and the level of religiosity significantly moderated the effect of income on Muslim household consumption expenditure. Keywords: Muslim Household Consumption Expenditure, Income, Religiosity

scholarly journals Dekonstruksi Narasi Subaltern Siti Walidah dalam Naskah Drama Nyai Ahmad Dahlan (2017) Karya Dyah Kalsitorini: Pendekatan Subaltern Gayatri Spivak

ATAVISME ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 33-43
Author(s):  
Budi Tri Santosa ◽  
Yesika Maya Ocktarani
Keyword(s):  
Cultural Capital ◽  
Political Identity ◽  
Primary Data ◽  
Analysis Method ◽  
Analysis Technique ◽  
Gayatri Spivak ◽  
Independence Era ◽  
The Right

Perempuan Jawa Islam masih dinilai tidak memiliki hak berbicara di era prakemerdekaan Indonesia. Hal tersebut dikarenakan mereka tidak memiliki modal kultural, kapital, dan bahkan modal teologi. Penelitian ini mengkaji tokoh Siti Walidah sebagai perempuan Jawa Islam yang dinarasikan oleh pengarang drama sebagai tokoh yang menyuarakan identitas perempuan Jawa Islam. Penelitian ini menggunakan sumber data primer berupa naskah drama Nyai Ahmad Dahlan (2017) dengan metode analisis dekonstruksi dari Spivak mengenai subaltern. Teknik analisisnya adalah dengan mencermati narasi suara subaltern perempuan Jawa Islam oleh pengarang, kemudian narasi tersebut ditunda pemaknaannya. Penelitian ini menemukan bahwa narasi Siti Walidah untuk mengangkat suara subaltern perempuan Jawa Islam terjebak pada ideologi kolonialisme. Secara kolonialisme, perempuan Jawa Islam secara keseluruhan menjadi komoditas Siti Walidah untuk membangun narasinya.[The Deconstruction of Siti Walidah's Subaltern Narration in DyahKalsitorini's Drama Script of Nyai AhmadDahlan (2017):Gayatri Spivak's Subaltern Approach] Islamic Javanese women were still deemed not to have the right to speak in Indonesia's pre-independence era. That was because they did not have cultural capital, capital, and theological capital. This research examines Siti Walidah as an Islamic Javanese woman narrated by a drama author as a character voicing the identity of an Islamic Javanese woman. This research used drama script of Nyai Ahmad Dahlan (2017) as the primary data with a deconstruction analysis method from Spivak on subaltern. The analysis technique was done by examining the subaltern voice narration of Islamic Javanese woman by the author which was then postponed the meaning of the narration. This research found that the narration of Siti Walidah to raise the subaltern voice of Islamic Javanese women who trapped in the patriarchal hegemony and colonialism. In colonialism, Islamic Javanese women as a whole became a commodity of Siti Walidah to build her narration.Keywords: subaltern; nationalis, political identity; Islam

scholarly journals Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 871
Author(s):  
Pulung Jati Kusuma ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Analysis Method ◽  
Estate Property ◽  
The Law ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.

scholarly journals Strategi dalam Mengembangkan Potensi Wisata Situ Lembang Dano di Desa Cipada

2021 ◽  
pp. 411
Author(s):  
Tita Juwita ◽  
Reiza D. Dienaputra ◽  
Awaludin Nugraha ◽  
Evi Novianti ◽  
Rusdin Tahir
Keyword(s):  
Development Strategy ◽  
Swot Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Internal Environment ◽  
Analysis Method ◽  
Tourist Attractions ◽  
The Development Strategy ◽  
The Right ◽  
Research Show

This study aims to find out how the development strategy of Lembang Dano situ in Village of Cipada, and to get the right strategy for the development of Lembang Dano tourist attractions. The data has taken of primary data and secondary data, where primary data is obtained from questionnaires and interviews to predetermined sources and secondary data obtained from agencies and agencies related to this study. The analytical tool used the SWOT analysis method the results of the research show that the development strategy needs to first determine the factors that are strengths and weaknesses (internal environment) ourism potential in Lembang Dano Cipada Village, then combines with the opportunities and threats from outside (external environment). Keywords: development strategy, Tourism, Situ lembang Dano, Village of Cipada

scholarly journals Symbolic Meaning in Traditional Badudus Pangantin Banjar

2020 ◽  
Vol 1 (1) ◽  
pp. 40-51
Author(s):  
Kamariah ◽  
Nanda Saputra
Keyword(s):  
Descriptive Analysis ◽  
Primary Data ◽  
Analysis Method ◽  
Cultural Symbols ◽  
Primary Data Source ◽  
Analysis Technique ◽  
Living Together ◽  
Symbolic Meanings ◽  
Data Source ◽  
The Right

This research examines the cultural symbols used in the badudus pangantin Banjar custom. The approach used is a cultural semiotics approach. namely studies that emphasize the symbols of a culture. The method used is descriptive analysis method. The primary data source was obtained from four resource persons in the Peat District, aged 60-75 years. Data collection techniques are in the form of (1) observation, (2) interviews, (3) recording, (4) recording. The data analysis technique used is descriptive qualitative. The results of this study show that the symbolic meanings of the Banjar bridal shower custom are as follows: a. symbol of baras longitude, banana, spray three times, tapih, mayang, banyu prayer, candle, carmin, bamantra oil, white porridge, black porridge and pupur with the meaning of a blessed life bride, b. palm symbol, starting with the right, and kambang malati, meaning good behavior. c. symbol of baras lakatan, habang sugar and hintalu with the meaning of living together.

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