scholarly journals The Dispute Settlement over the Ownership of a Double Certificates in Cirebon District Land Office

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 567
Author(s):  
Bayu Nuraulia ◽  
Djauhari Djauhari
Keyword(s):  
Dispute Settlement ◽  
External Factors ◽  
Internal Factors ◽  
Meeting Point ◽  
The World ◽  
The Law ◽  
The Republic

Birth of the Law of the Republic of Indonesia Number 5 of 1960 on Basic Regulation of Agrarian (BAL) has brought about significant changes in the world Indonesian land. BAL and a set of implementation regulations are expected to provide legal guarantees for the rights holders on the ground. But in fact the land can not be separated from problems, one of which occurred in Cirebon is the emergence of multiple certificate which led to the dispute. Here will be explained the factors that led to the emergence of a double and a certificate of completion method of dispute. To the authors do research with sociological juridical approach that combines literary and legal material facts obtained in the field through interviews. From these studies obtained answers that the emergence of double certificates can occur due to external factors and internal factors. For that matter, BPN trying to find a way out with the mediation. But if it does not receive the meeting point, the parties can file a lawsuit in court.Keywords: Dispute; Double certificates.

Pengaruh Inflasi, BI Rate, NPF, dan BOPO terhadap Profitabilitas Bank Umum Syariah di Indonesia

2018 ◽  
Vol 6 (1) ◽  
pp. 133-153
Author(s):  
Toufan Aldian Syah
Keyword(s):  
Banking Industry ◽  
External Factors ◽  
Coefficient Of Determination ◽  
Muslim Country ◽  
Internal Factors ◽  
Slowing Down ◽  
The World ◽  
Negative Effect ◽  
Test Correlation ◽  
The Ideal

Banking industry has a very important role in economic development in a country. Indonesia, which is the largest Muslim country in the world, certainly has the prospect of the development of Sharia Banking Industry is very good in the future. However, the development of Sharia Bank has been slowing down in recent years and the profitability of sharia comercial banking is still below the ideal value. This study aims to determine the internal factors and external factors that affect the profitability of Sharia Bank in the year of January 2012 until August 2017. The variables used in this study are ROA, Inflation, NPF, and BOPO. The data used is aggregate data of all Sharia Commercial Banks recorded at Bank Indonesia. Measurement of Statistic Description, F-Test, T-Test, Correlation Coefficient, Coefficient of Determination and Multiple Linear Regression using IBM SPSS 21 software. The results showed that significant negative effect of BI rate, NPF and BOPO was found, while Inflation variable showed negative but not significant. Overall, the above variables affect the ROA of 87.7%, while 12.3% is likely to be influenced by other factors.

scholarly journals Transformation Lebanon`s foreign policy vector 2011–2017 y.

2019 ◽  
Vol 21 (92) ◽  
pp. 186-189
Author(s):  
M. M. Dzera ◽  
R. Y. Pasichnyy ◽  
A. M. Ostapchuk
Keyword(s):  
Foreign Policy ◽  
Prime Minister ◽  
Democratic Regime ◽  
Political Arena ◽  
Islamic World ◽  
Conservative Nature ◽  
The World ◽  
Long Time ◽  
The Law ◽  
The Republic

The place and international position of Lebanon in the world political arena today is changing and transforming under the influence of globalization. Thus, this is not deprive, but changes the vector on the international arena and does not exclude the already acquired conservative character. Prime Minister Tamam Salam, who is the executive of the President of the Republic of Lebanon, is reforming and liberalizing the law and changing the vector of foreign policy. He doing this without leaving the traditions and religious views, also without rejecting the conservative nature of foreign and domestic policies. Although Lebanon is part of the League of Arab States, which is accused of non-democracies, it has a democratic regime for a long time. Balancing the policy of the Lebanese Republic between conservatism, traditionalism, democracy and liberalization makes Lebanon a great country for analysis, since it provides an opportunity to reflect the coexistence of democracy with the stereotyped vision of the “Islamic world”.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

Looking to the Future: Towards a Common Sense of Purpose

2005 ◽  
Vol 29 (2) ◽  
pp. 182-186 ◽  
Author(s):  
Mel Ainscow
Keyword(s):  
Secondary Schools ◽  
Common Sense ◽  
Parental Choice ◽  
External Factors ◽  
School Systems ◽  
Internal Factors ◽  
Sense Of Purpose ◽  
The World ◽  
The Future ◽  
Educational Inclusion

The articles in this journal focus on what is, arguably, the biggest challenge facing school systems throughout the world, that of educational inclusion. It is hardly surprising that this is particularly challenging in secondary schools. Within such schools, internal factors, such as size and organisational complexity, clearly complicate attempts to foster more flexible and responsive arrangements. At the same time, external factors, not least the effects of competition between schools and parental choice, create particularly intensive pressures to achieve improved results in tests and examinations.

scholarly journals The Law on State Responsibility and the World Trade Organization

2021 ◽  
Vol 22 (5-6) ◽  
pp. 759-803
Author(s):  
Anna Ventouratou
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
State Responsibility ◽  
Vienna Convention ◽  
The World ◽  
The Law

Abstract This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.

scholarly journals The Right of People with Disabilities to Health: What Is Expressed by the Architectonics of Legislation?

2019 ◽  
Vol 2 (8) ◽  
pp. 40
Author(s):  
Ingrida Baranauskiene
Keyword(s):  
Health System ◽  
World Health Organization ◽  
People With Disabilities ◽  
Research Problem ◽  
World Health ◽  
Human Right ◽  
The World ◽  
The Law ◽  
The Republic ◽  
Health Organization

The article formulates <strong><em>the research problem</em></strong>: what ideas dominate in architectonics of two laws under scientific analysis (The Human Right to Health of the World Health Organization, Article 12, and parts of the Law on the Health System of the Republic of Lithuania related to the situation of people with disabilities in the healthcare system)? The research methodology is grounded on the ideas of postpositivism and ethnographic approach. The thematic analysis has been chosen as a method of data processing. The findings allow formulating a conclusion that architectonics of legislations of the World Health Organization has a clear jurisprudential foundation; whereas the Law on the Health System of the Republic of Lithuania provides preconditions for various stipulations, which results in people with disabilities facing manifestations of discrimination in Lithuanian system of health care.

scholarly journals Pelaksanaan Klausul Penyelesaian Sengketa Dalam Akad Perbankan Syariah Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Pada Bank Syariah Mandiri KCP Indramayu

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 147
Author(s):  
Mahpudin Mahpudin ◽  
Akhmad Khisni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Dispute Resolution Mechanism

ABSTRAKPutusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 telah membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah adalah soal kepastian hukum. Hal ini dikarenakan dalam Penjelasan pasal 55 ayat (2) menimbulkan ketidakpastian hukum antara pilihan hukum dalam lingkup peradilan umum dengan pilihan hukum dalam lingkup peradilan agama. Kepastian hukum secara normatif adalah ketika suatu peraturan dibuat dan diundangkan secara pasti karena dapat memberikan pengaturan secara jelas dan logis. Jelas dalam arti tidak menimbulkan keragu-raguan atau multi tafsir, dan logis dalam arti hukum tersebut menjadi suatu sistem norma dengan norma lain sehingga tidak berbenturan atau menimbulkan konflik norma ataupun adanya kekaburan dan kekosongan norma. Asas ini dapat dipergunakan untuk dapat mengatasi persoalan dalam hal konsep mekanisme dan pilihan hukum dalam penyelesaian sengketa perbankan syariah;Pilihan forum penyelesaian sengketa Perbankan Syariah berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 yang membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah harus dinyatakan secara tegas menyatakan dan menyepakati apakah memilih forum Arbitrase Syariah atau menentukan pilihan forum Pengadilan Agama dalam rumusan klausula Penyelesaian Perselisihan atau Sengketa dalam Akad Perbankan Syariahnya. Artinya memilih atau menentukan salah satu forum mekanisme penyelesaian sengketa syariah yaitu forum BASYARNAS atau Pengadilan Agama, bukan menggabungkan keduanya dalam satu rangkaian rumusan klausula penyelesaian sengketa.Kata kunci : klausul penyelesaian sengketa, akad perbankan syariah, putusan Mahkamah Konstitusi ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 has annulled the Elucidation of Article 55 paragraph (2) of Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking is a matter of legal certainty. This is because in the Elucidation of article 55 paragraph (2) raises legal uncertainty between the choice of law within the scope of general justice with the choice of law within the scope of religious court. Normative legal certainty is when a rule is created and enacted as it can provide clear and logical arrangements. Clearly in the sense that there is no doubt or multi-interpretation, and logical in the sense that the law becomes a system of norms with other norms so as not to clash or cause conflict of norms or the existence of vagueness and void norms. This principle can be used to solve the problem in terms of the concept of mechanism and choice of law in solving the dispute of sharia banking;The choice of dispute resolution forum of Sharia Banking pursuant to Decision of Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 which annul the Elucidation of Article 55 paragraph (2) of Law of Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking must be stated expressly declare and agree on whether to vote for a Shari'ah Arbitration Forum or to determine the choice of Religious Court forums in the formulation of a Clause or Dispute Settlement clause in its Sharia Banking Agreement. It means choosing or determining one of the forums of dispute resolution mechanism of sharia namely BASYARNAS or Religious Court, not merging the two in a series of dispute settlement clause formulas.Keywords: clause of dispute settlement, syariah banking contract, Constitutional Court decision

scholarly journals Determination Factor Alumni and Student of Economic Faculty Lamongan Islamic University to Become Enterpreneur

2018 ◽  
Vol 14 (1) ◽  
pp. 19-25
Author(s):  
Nanto Purnomo ◽  
Abid Muhtarom
Keyword(s):  
Key Words ◽  
Significant Influence ◽  
Risk Tolerance ◽  
External Factors ◽  
Test Reliability ◽  
Internal Factors ◽  
Independent Variables ◽  
The People ◽  
The World ◽  
Made In

ABSTRAK The current condition of the world in a work becomes more difficult while the people that need the job continues to increase. One way to solve the current conditions with make the employment not seeking job namely entrepreneur. According to the data from the BPS the level of entrepreneurship in Indonesia have increased in the 2013/2014 and still 1.67 percent and now based on data BPS already rose to 3.1 percent. This was allegedly caused by an improvement in the motivation from both internal factors and external factors. The problems in the search is how the influence of the risk tolerance factor, freedom in working, success themselves in pushing the entrepreneurs decision either partially or simultaneously and which the dominant factors.This research uses the validity Test, Test reliability, classical assumptions, double linier Regression, double correlation, Determination Test, F and t tests. The results of the analysis showed that the questionnaire used in the collection of data is valid and reliable and does not have the problem of classical assumptions. Y = 3,790 + 0,246 X1 + 0,242 X2 + 0,313 X3, R = 0,705. F count ( 29,585) > F table (2.71). From t test, obtained : t count x1y t (2,624); x2y (3,083): x3y (3,569) > t table (1,987). From the explanation is deduced the existence of a significant influence of both simultaneously  and partially  between independent variables against the Decision of the Entrepreneurs at the Faculty Of Economics University of Islam Lamongan. The results of this study are expected, can be made in consideration in motivating and developing learning about entrepreneurship at Islamic University of Lamongan Key Words : Motivation risk tolerance, freedom in working, success themselves & the decision entrepreneurs.

scholarly journals Indonesia Constitutional Court Constitutional Interpretation Methodology (2003-2008)

2016 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Fritz Edwadr Siregar
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Constitutional Interpretation ◽  
Close Analysis ◽  
The World ◽  
Legal Arguments ◽  
The Law ◽  
The Republic ◽  
Formative Years

Nine Indonesian Constitutional Justices have the authority to annul a law drafted by 550 Parliament members and the President. The Constitutional  Court of the Republic of Indonesia (“the Court”), particularly in deciding cases  of judicial review, has the capability to declare words, sentences, paragraphs, articles or the law unconstitutional. Consequently, it is essential for the Court  to take into account legal arguments. The fundamental element of these legal arguments is constitutional interpretation, which serves as a parameter in determining constitutionality of the laws. However, in exercising its authority, the Court needs to interpret the Constitution as a  basis  for deciding  a case.  The standards for determining the constitutionality of a law must be the text of the Constitution, not what the judges would prefer the Constitution to mean. Constitutional supremacy necessarily assumes that a superior rule is what the Constitution says it is, not what the judges prefer it to be. [Craig R. Ducat: E3]. The Court period 2003–2008 were the Court’s the formative years, and as such are important to understand the methodology and interpretative approaches adopted by the Court. Many observers of the Court’s early decisions are still unsure of the overarching approach and methodology adopted by the Court. Thus, there is a need  for a close analysis and criticism of  the Court’s early decisions   to determine which methods and approaches it has adopted and whether these are appropriate in the Indonesian context. The Court has openly referred to the experiences of foreign jurisdiction in constitutional law, and therefore it would be appropriate to analyze the court’s decisions in a broader comparative context of constitutional interpretative approaches from around the  world.

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