scholarly journals Hukum terhadap Konsumen dan Pelaku Usaha Lainnya melalui Intervensi Negara

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.

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 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.


2019 ◽  
Vol 7 (1) ◽  
pp. 140
Author(s):  
Dio Pratama ◽  
Saptono Nugroho

This research was conducted to find out the motivation of female tourist to visit Gay club, the perception of the tourist and local community towards the Gay Club. The methods used in this research id descriptive qualitative. The technique of determination of informants used is purposive sampling technique. Data sources used are primary and secondary data sources. Primary data in this research is sourced from direct observation to the research location by means of observation and interviews. While secondary data in this research are the data obtained from the documentation or studies library to complement the primary data. The result of the research shows that most tourist say curious to see Gay club as a motivation for a visit; most tourist plead happy after seeing the atrractions there; most neutral against Gay tourist; most local community already know about Gay club; most local community are not disturbed; most local people are not benefitting from the presence of the Gay club. Keywords : Tourist Motivation, Community Local Perception, Gay Club


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. 239
Author(s):  
Made Bagus Megawan ◽  
Ida Bagus Suryawan

This research was conducted to find out what kind of waste management is in the tourist attraction of Candikusuma Beach and how much participation and involvment of society in it. Garbage now becomes a crucial problem so it needs to be identified more about it’s management. Waste is a challenge in the implementation of tourism activities. Rubbish need to be addressed in maintaining Cleanliness (Kebersihan) and Beauty (Keindahan) of tourism attraction as an indicator in the Sapta Pesona. The methods used in this research is descriptive qualitative. The technique of determination of informants used is purposive sampling technique. Data sources used are primary and secondary data sources. Primary data in this research is sourced from direct observation to the research location by means of observation and interviews. While secondary data in this research are the data obtained from the documentation or studies library to complement the primary data from the Locus of the reserch. The results of research indicate that the existing waste management in coastal tourist attraction Candikusuma Beach is good, it’s just the involvement of the community in it has not been maximized and less care about coastal cleanliness, the identification process of this management using 3R process among others Reduce, Reuse Recycle. Origin of waste there is a large portion of it coming from the junk mail from upstream. Although there are still many things thet need to be addressed in order to make the management process better and maximum. Keyword : Waste, 3R Process, Society Participation.


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.


2013 ◽  
Vol 28 (1) ◽  
pp. 111-134
Author(s):  
Oarhe Osumah

Nigeria is mired in corruption although it has many anticorruption laws, commissions, and agencies. This article, based on secondary data sources, examines the effect of the state and neopatrimonialism on anticorruption efforts in Nigeria. It argues that the contradictions in the character of the Nigerian state and the logic of neopatrimonialism hinder Nigeria`s anticorruption efforts, and recommends a redesigning of the state and reorientation of the mindsets of Nigerians to better enable anticorruption efforts to succeed.


2017 ◽  
Vol 4 (1) ◽  
pp. 97
Author(s):  
Tri Cahyadi

This paper discusses the legal protection for sailors on Indonesian Ships amid the many problems experienced by Indonesian sailors. The belence between what has been done with the wages received by Indonesian sailors should be felt by Indonesian sailors has not been releazed, where in case of industrial relation disputes so far can not be resolved fairly, especially about the work place that is on the ship with the location always nomaden. Primary data sources were obtained from interviewers with several Indonesia sailors, as well as the secondary data sources of reference related legislation. The results show that many Indonesian sailors who are unaware of the legal certainty/lack of awarness and understanding of sailors about the relevant law or regulation are factors inhibiting implementation in the field. In addition, low discipline inthe management of income to ensure life on the old days.


Author(s):  
Suresh Chandra

Digital India, a prestigious programme of NDA led Government with a projected value of Rs.113000 Crore is aimed to transform India to Digital empowered society and knowledge economy and among the 9 concentrated areas of Digital India, the present study evaluates the Digital India programme as a tool of opportunistic and social welfare initiative to curb one of the most rising problems in the agricultural sector in the country. Though agriculture, still the major employment provider has been in the situation of crisis due to rising farmer suicides. Farmers have been facing problems including lack of agricultural infrastructural assistance from government, lack of financial assistance regularity from banks and most importantly, the sector has been facing the problem of providing marketable information of yield for farmers. All these resulted in depressed conditions to farmers both financially and mentally which have lead to rising suicide cases especially in the last five years. The state of Telangana has been taken as a case for the present study and the study focuses on how Digital India programme can act as a tool of information provider for farmers, remedial practices through Digital India programme for curbing the farmer suicides. The study further deals with the factors influencing Digital India programme and the areas in farming which require Digital India assistance. The study is based on both primary and secondary data sources. Primary data is collected from farmer families in select districts of Telangana State. Secondary data sources include the reports issued by the state government on farmer suicides, agricultural yield, reports from banks and other published sources from internet and news papers.


2014 ◽  
Vol 21 (4) ◽  
pp. 381-399 ◽  
Author(s):  
Norman Mugarura

Purpose – This purpose of this paper is to explore the dynamics of globalisation on the state’s ability to fight crimes. Given the complicated dynamics of the global market influence on crime control and prevention, the paper has analysed the theory of globalisation and how it manifests itself across or within different states. While, it is internationally acclaimed that globalisation has become a fact of life, it needs to be noted that not all countries have been able to harness its benefits. Therefore, globalization has manifested itself differently in different states. This paper examines the dynamics of globalization on sovereign states in the context of their ability to control and prevent crimes, the influence of open border controls, the new crimes typologies, articulating whether modern state approaches are adequate to caution them against contemporary global challenges. Design/methodology/approach – The paper is written drawing on experiences of the UK, the European Union and in other jurisdictions farther afield. I have used a range of secondary data sources such as analysing data in newspaper, journal papers, textbooks and online sources. The paper has also drawn on some of my earlier scholarly work but internalised to suit the purposes for writing it. Findings – This paper finds that unless states first position themselves properly to pervasive global changes and challenges, they risk being continuously sidelined (swamped). Globalisation and its offshoot effects on traditional states approaches have elicited a wide range debates and controversies. The conclusion one draws in the analysis of the global influence in fighting traditional and non-traditional crimes would usually depend on where one stands/leans in contemporary debate on these twin issues. Research limitations/implications – The study was undertaken using a qualitative research methodology, relying heavily on the analysis of secondary data sources. By the very nature of this methodology, it would have been better to carry out interviews and to gain a first hand experience on issues this paper was written on. This is because qualitative research methodology thrives in a natural setting where the researcher interacts with his/her constituent subjects directly. This would also have mitigated the potential for bias inherent in the use of secondary data sources. Practical implications – The paper is important in demonstrating that states need to be more proactive to benefit from globalisation and its influences. They cannot afford to be laid back lest they are submerged by pervasive global influences in its various manifestations. The paper has highlighted that relaxing border controls could be bad for states because it has the potential to send wrong signals to dangerous criminals. The state needs to reclaim some of its lost sovereign space to remain relevant in asserting its influence on what happens and does not happen inside its borders. Social implications – States have no choice but to come together and forge common interstate initiatives. This will enable them to deal with overlapping global exigences effectively. There is no state (whether it likes or not) that can afford to act unilaterally when it come to overlapping global exigences. Originality/value – The analysis of the paper is based on contemporary challenges and narratives of globalisation and its influence on crimes control. It is nevertheless written in a distinctive way to foster the objectives of writing it.


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