scholarly journals Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 of Consumer Protection

2018 ◽  
Author(s):  
Substantive Justice ◽  
Dian Eka Pusvita Azis
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Legal Power ◽  
The Law ◽  
Consumer Demands ◽  
Made In

PUBLISHED ON www.substantivejustice.id Vol.1 (1) March 2018 The Covenant under Article 1313 of the Civil Code is an act by which one or more persons bind themselves to one or more persons. Unconsciously, verbal agreements are often made in social life and often the parties who make oral agreements reject the existence of the agreement. This research is a normative descriptive juridical research. Based on this study it can be concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is rejected/not recognized by the accused, the oral agreement has no legal power to declare the person to default, there, depending on the evidence from the parties. but verbal agreements that have been rejected / unrecognized may regain their legal power if it can be proven that an oral agreement exists or has been made. Based on Law no 8 of Consumer Protection Consumer law is defined as all legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services in the aspects of life. Based on Article 163 of HIR and Article 1865 of the Civil Code, any party that argues for right, then the business actor must prove it. So if the consumer demands his right to the business that endangers it, then the consumer must prove it.

scholarly journals Juridical Review The Implementation of Oral Agreement is associated with the Law of Treaties and Law Number 8 Year 1999 concerning Consumer Protection

2018 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Dian Eka Pusvita Azis ◽  
Nurhaedah Nurhaedah
Keyword(s):  
Consumer Protection ◽  
Social Life ◽  
Legal Protection ◽  
Civil Code ◽  
Legal Principles ◽  
Consumer Law ◽  
Consumer Protection Act ◽  
Legal Power ◽  
Material Sources ◽  
The Law

The covenant is one of the most common legal relationships in the community. The Covenant under Article 1313 of the Civil Code is an act by which a person or more binds himself to one or more persons. Unconsciously, oral agreements are often done in social life and often the parties who make the oral agreement deny the existence of the agreement. This research is descriptive normative juridical research. This study uses primary legal material sources consisting of laws and regulations bound by research. Sources of secondary legal materials in the form of materials or related materials and explain the problem, and the source of tertiary legal materials are materials that provide information about primary legal materials and secondary legal materials related to the research. Against the form of the exercise of the agreement in the oral form declared unilaterally by the party that offers the agreement inevitably the interested party in this case the second party is pressed with the interest of agreeing the contents of the agreement. Not to mention the possibilities that occur in the future that is wanprestasi with large losses so that the court to face, and what if the party who did the default is negligent, broken promise, do not acknowledge or deny having oral agreement Based on the background and problems that have been described above so it is necessary to examine the extent to which the legal protection of oral agreements, if one of the parties making the alleged infringement of the oral agreement is associated with the Law of Contract and the Consumer Protection Number Act. Based on this research it is concluded that the oral agreement is legal and has the legal power to declare a person to default, but if the oral agreement is denied / not recognized by the alleged defendant, the oral agreement has no legal power to declare a person to default, can be true and may not exist, depending on the proof of the parties. but verbal agreements that have been denied / unrecognized may regain their legal power if it can be proven that the oral agreement actually exists or has been made.Based on Law No. 8 Consumer Protection Consumer law is defined as the whole legal principles and rules governing relationships and problems between various parties or each other in relation to goods and / or services within the association of life. Based on Article 163 HIR and Article 1865 of the Civil Code, any party that argues for a right, then the party must prove it. So if the consumer demands his right to the business actor that harms him, then the consumer must prove. However, in Law Number 8 Year 1999 concerning Consumer Protection Article 22 and Article 28, the evidentiary obligation is "reversed" (reversed proof) to be the full responsibility and responsibility of the business actor. So the provisions on responsibility and redress in the Consumer Protection Act are lex specialists against the general provisions contained in the Civil Code.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

scholarly journals Autentikasi Akad Pembiayaan pada Perbankan Syariah dalam Penggunaan Lafadz Basmallah

2020 ◽  
Vol 3 (1) ◽  
pp. 85-105
Author(s):  
Indah Parmitasari
Keyword(s):  
Civil Code ◽  
Islamic Banking ◽  
Public Official ◽  
The Status ◽  
The Law ◽  
Made In

This article seeks to discuss the authentication of financing contracts in Islamic banking in the use of lafadz basmallah. The problem discussed is how to authenticate the financing contract deed in Islamic banking in the use of lafadz basmallah. Every financing activity in Islamic banking is made in a contract, to get certainty and strength of perfect proof, the bank wants the contract to be made in an authentic deed. An authentic deed is a deed made by or in the presence of an authorized official for that purpose is made according to the provisions of the law. Notary as the official in charge of making the deed is guided by Article 38 of the Notary Position Law. A deed must fulfill the provisions of Article 1868 of the Civil Code, which is made by and or before an authorized official, and made a public official who has the authority. The notary is authorized as long as the certificate, person, place and time of the deed are made. This article concludes that the financing contract deed in Islamic banking that contains lafadz basmallah at the beginning of the deed does not meet the requirements of Article 1868 of the Civil Code, because it violates the provisions of Article 38 of the Notary Position Law so that the status of the act is degraded into a deed under the hand. Abstrak Artikel ini membahas tentang autentikasi akad pembiayaan pada perbankan syariah dalam penggunaan lafadz basmallah. Permasalahan yang dibahas adalah bagaimana keautentikan akta akad pembiayaan pada perbankan syariah dalam penggunaan lafadz basmallah. Setiap kegiatan pembiayaan dalam perbankan syariah dibuat dalam suatu akad, guna mendapatkan kepastian dan kekuatan pembuktian yang kuat, bank menghendaki akad dibuat dalam bentuk akta autentik. Akta autentik adalah akta yang dibuat oleh atau di hadapan pejabat yang berwenang untuk itu sesuai dengan ketentuan undang-undang. Notaris sebagai pejabat yang berwenang dalam membuat akta berpedoman pada Pasal 38 Undang-Undang Jabatan Notaris tentang bentuk akta. Suatu akta harus memenuhi ketentuan Pasal 1868 KUH Perdata, yaitu dibuat oleh dan atau di hadapan pejabat yang berwenang, dibuat menurut ketentuan undang-undang. Notaris berwenang sepanjang mengenai aktanya, orangnya, tempat dan waktunya akta dibuat. Artikel ini menyimpulkan bahwa akta akad pembiayaan pada perbankan syariah yang memuat lafadz basmallah pada awal akta kedudukannya bukan lagi sebagai akta autentik tetapi terdegradasi menjadi akta di bawah tangan, karena syarat otentisitas Pasal 1868 KUH Perdata tidak terpenuhi, yaitu syarat formalitas sesuai Pasal 38 Undang-Undang Jabatan Notaris Perubahan.

Mediation as a Final Settlement in Bankruptcy Disputes

2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Research Approach ◽  
Peace Agreement ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
The Right ◽  
Final Settlement ◽  
Made In

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

Did You Say ‘Theories of Choice’?

2021 ◽  
pp. 115-136
Author(s):  
Anne-Lise Sibony
Keyword(s):  
Consumer Protection ◽  
Consumer Choice ◽  
Legal Analysis ◽  
Legal Scholarship ◽  
Consumer Law ◽  
Legal Literature ◽  
The Law ◽  
Definition Of ◽  
Alternative Theories ◽  
Meta Theory

This chapter takes up two difficult questions: ‘does the law contain one or more theories of choice?’ and, if it does, ‘is there a meta-theory to tell us which theory of choice to use in which cases?’ Even if one retains a loose definition of what counts as a ‘theory of choice’, there are reasons to be sceptical about the enterprise of mapping out theories of choice underpinning the law. This is because the supply of such theories is both abundant and incomplete while the demand is generally weak. Consumer protection, which purports to protect ‘consumer choice’, would seem to be a designated area of law to look for theories of (consumer) choice. However, an enquiry into legislative work on consumer protection reveals paradoxical efforts to confirm the theory that consumers do well with information rather than investigate alternative theories. It also appears that consumer law embeds several different conflicting theories of consumer choice without any sign of a meta-theory indicating which theory applies to which cases. In addition, where there is a theory of consumer harm justifying legislative intervention, it seems to matter little that we do not have a theory for how consumer choice is distorted. In short, the legislative appetite for theories of choice seems limited. Legal scholarship offers a different picture. A space has emerged in which to discuss theories of choice within legal analysis, which is still in the process of being shaped. Tentatively, it is suggested that the legal literature offers a contrast between deep and narrow discussions of theories of choice, and wide and shallow ones.

The Belgian Law of Affiliation

1988 ◽  
Vol 16 (1) ◽  
pp. 1-15
Author(s):  
George E. Glos
Keyword(s):  
Criminal Code ◽  
Civil Code ◽  
Parent Child Relationship ◽  
Legal Provisions ◽  
Child Relationship ◽  
New Concepts ◽  
Civil Status ◽  
Minor Children ◽  
The Law ◽  
Made In

Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifications were made in the Judiciary Code, the Criminal Code, and in some other existing legislative texts. The new legislation also has extensive transitory provisions. In addition, the pertinent modifications affecting adoption were made in the Law of April 27, 1987, Modifying Several Legal Provisions Concerning Adoption, and a new law, the Law of May 20, 1987, Concerning the Abandonment of Minor Children, further improved the standing of children.

scholarly journals ANALYSIS OF CIVIL PARTNERSHIP OF NOTARY BASED ON THE LAW OF NOTARY POSITION

2018 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Fonni Fonni
Keyword(s):  
Profit Sharing ◽  
Civil Code ◽  
The State ◽  
Legal Problem ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Civil Partnership ◽  
The Law ◽  
Code Civil

This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required

scholarly journals Analysis of Civil Partnership of Notary Based on the Law of Notary Position

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Fonni Tahir
Keyword(s):  
Profit Sharing ◽  
Civil Code ◽  
The State ◽  
Legal Problem ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Civil Partnership ◽  
The Law ◽  
Code Civil

Analysis of Civil Partnership of Notary Based on the Law of Notary Position. The Law of Notary Position provides an opportunity for notaries to establish a Civil Partnership of notaries in the performance of their position. This is contrary to the notary profession, since the purpose of the formation of Civil Partnership is to seek the benefit to be distributed to allies as stipulated in the Civil Code. This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required.Keywords: civil partnership, notary, joint office, maatschap

scholarly journals KECAKAPAN HUKUM DAN LEGALITAS TANDATANGAN SEORANG TERPIDANA DALAM MENANDATANGANI AKTA OTENTIK

2018 ◽  
Vol 47 (2) ◽  
pp. 118
Author(s):  
Danang Wirahutama
Keyword(s):  
Legal Theory ◽  
Civil Code ◽  
Theory And Practice ◽  
Correctional Institution ◽  
Criminal Sanction ◽  
Criminal Cases ◽  
Legal Principles ◽  
Positive Law ◽  
Legal Power ◽  
Approach Method

This article aims to find out and analyze the legal and legal skills of a convicted person in signing an authentic deed. Research methods used to achieve the objectives of this legal research using normative juridical approach method. The nature of the research used is a descriptive study in this study to provide arguments from the results of research conducted, because trying to find the rules of law, legal principles, and legal doctrines to further analyzed by guiding and describing the legislation that applies relating to legal theory and practice of the implementation of positive law concerning the problem in this research. The result of this research is that the legal skills of a convicted person in a penitentiary sign a notarial deed, that the convicted person undergoing punishment in a correctional institution is capable of acting in law by signing or becoming a deed before a notary. The convict is different from the suspect, even though both are involved in criminal cases. The convicted person undergo a criminal sanction after receiving a court decision that has permanent legal power. In the Notary's Office Law, the Notary is given the obligation that if the interlocutor can not affix a signature caused by paralysis, illness, or any other reason, inasmuch as a signature, the tamper may impose a fingerprint on a deed mine. This means that there is no reason for anyone in a penitentiary to undergo a criminal sanction that has a permanent legal power. If it is related to the acting skills of the law as provided in article 1330 of the Civil Code there is no mention that the person in the penal institution undergoing criminal sanction is declared incapable of acting in law, so long as he is 18 years old or has married and is not under if any person is capable of acting in law, as provided for in article 1 (3) of the Civil Code, that there is no punishment that results in civil death, or the loss of any citizenship rights.

Sign in / Sign up

Export Citation Format

Share Document