scholarly journals An Analysis of Major Provisions of Nepalese Law of Contract (Part-V of Muluki Civil Code, 2074)

2020 ◽  
Vol 23 (1) ◽  
pp. 153-162
Author(s):  
Satya Narayan Kalika
Keyword(s):  
Analytical Methods ◽  
Secondary Data ◽  
Civil Code ◽  
Point Of View ◽  
Primary Sources ◽  
Judicial Decisions ◽  
The Law ◽  
The Given

This doctrinal study has adopted exploratory, descriptive and analytical methods. The analysis is based on primary sources of law drawn from statutes and judicial decisions, and some secondary data drawn from articles, books and treatises on the given issue. The nascent Muluki Civil Code, 2074 contains various provisions which are important from the jurisprudential point of view of the law of contract. This paper thrives to explore the major provisions of the current law of contract in Nepal, analyse the major provisions and jurisprudence of the law of contract, while also highlighting the differences between the new and old laws regulating contract in Nepal.

scholarly journals The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
. Yuhelson ◽  
. Maryano
Keyword(s):  
Civil Law ◽  
Secondary Data ◽  
Civil Code ◽  
Bankruptcy Law ◽  
Community Life ◽  
Legal Research ◽  
Distribution Of Wealth ◽  
Colonial Legacy ◽  
The Law ◽  
Principles Of Justice

<p>Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.</p><p>Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors <br /> <br /> <br /> <br /> <br /> <br /> </p>

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

Anti-money laundering obligations and dismissal of bankers: evidence from Malaysia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Aspalella A. Rahman ◽  
Harlida Abdul Wahab
Keyword(s):  
Money Laundering ◽  
Secondary Data ◽  
Primary Sources ◽  
Court Cases ◽  
Sources Of Information ◽  
Content Type ◽  
Legal Risks ◽  
Significant Burden ◽  
The Law ◽  
The Right

Purpose This paper aims to analyse the anti-money laundering (AML) obligations imposed on bankers as the main reporting entities under the AML regime in Malaysia. Apart from discussing the relevant provisions, several court cases were also examined to identify the problems which arise in the implementation of the law and the risk of dismissal that bankers may face. Design/methodology/approach This paper mainly relies on statutes and court cases as its primary sources of information. It is supported by secondary data to justify the analysis. This paper also uses an analytical descriptive approach to analyse relevant provisions from statutes and to examine current court cases regarding the implementation of the AML obligations on bankers. Findings It is submitted that the AML legislation imposes a significant burden of reporting requirements on the bankers, failure of which may justify the dismissal or termination of their services. In other words, the law has not only altered the way bankers deal with their customers but also poses substantial legal risks to their security of tenure. Indeed, getting the right balance between the need to combat money laundering and the interests of bankers is a difficult exercise. Originality/value This paper provides an analysis of the liability of bankers under Malaysian AML laws. It is hoped that the content of this paper can provide some insight into this particular area for bankers, enforcement authorities, practitioners, academics, policymakers and legal advisers, not only in Malaysia but also elsewhere. The findings of this paper also highlight the risks that bankers may face for non-compliance with the reporting obligations under the AML laws.

Aspek Hukum Pengikatan Jual Beli Tanah Petok D Menurut Kuhperdata

2021 ◽  
Vol 8 (5) ◽  
Author(s):  
Alur Anzarwati Sekoningtias ◽  
Nynda Fatmawati Octarina
Keyword(s):  
Government Regulation ◽  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
Civil Code ◽  
Judicial Decision ◽  
Land Registration ◽  
The Status ◽  
The Law ◽  
Land Sale

Land is an important thing in the life of the Indonesian nation. One way to obtain land is through buying and selling. Sale and purchase of land rights as set forth in Government Regulation Number 24 of 1997 concerning Land Registration. the fulfillment of all requirements relating to the sale and purchase in the presence of a notary then found a legal breakthrough and up to now still be done in the practice of buying and selling land that is made with the deed of binding sale and purchase agreement (PPJB) although the contents have been set about the sale and purchase of land but the new format limited binding of sale and purchase is a form of agreement which is or can be regarded as preliminary agreement. This study is a type of normative legal research ie research where in which researchers review the study documents that use various secondary data such as judicial decision legislation, legal theory. Based on the results of research First Characteristics of land sale and purchase agreement with the status of petok D following the general provisions of the law of agreement as set forth in Article 1457 of the Civil Code. It's just that the object of sale and purchase of land with the status of petok D, then apply the procedure agreement by using provisions that are more specific that is based on Government Regulation No. 24 of 1997 on land registration. Second The effect of the law on the parties if one party has defaulted in the binding of the land sale and purchase agreement with the status of petok D according to the Civil Code is canceled so that it is made based on Government Regulation Number 24 of 1997 due to the seller can not fulfill its obligation.  Keywords : Sale and purchase land of petok D, binding sale and purchase agreement.          ABSTRAK Tanah adalah hal yang penting dalam kehidupan bangsa Indonesia. Salah  satu cara memperoleh tanah adalah melalui jual beli. Jual beli hak atas tanah seperti yang telah diatur dalam Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah.pemenuhan terhadap semua persyaratan yang berkaitan dengan pelaksanaan jual beli di hadapan notaris maka ditemukan suatu terobosan hukum dan hingga kini masih dilakukan dalam praktek jual beli tanah yaitu dengan dibuatnya akta pengikatan perjanjian jual beli (PPJB) meskipun isinya sudah mengatur tentang jual beli tanah namun formatnya baru sebatas pengikatan jual beli yaitu suatu bentuk perjanjian yang merupakan atau dapat dikatakan sebagai perjanjian pendahuluan. Penelitian ini merupakan jenis penelitian hukum normatif yakni penelitian dimana didalamnya peneliti mengkaji studi dokumen yakni menggunakan berbagai data sekunder seperti perundang-undangan keputusan pengadilan, teori hukum. Berdasarkan hasil penelitian PertamaKarakteristik perjanjian jual beli tanah yang berstatus petok D mengikuti ketentuan umum hukum perjanjian sebagaimana yang telah diatur didalam Pasal 1457 KUHPerdata. Hanya saja obyek jual beli tanah berstatus petok D maka diberlakukan tata cara perjanjian dengan menggunakan ketentuan yang sifatnya lebih khusus yaitu berpedoman pada Peraturan Pemerintah Nomor 24 tahun 1997 tentang pendaftaran tanah.Kedua Akibat hukum terhadap para pihak apabila salah satu pihak melakukan wanprestasi dalam pengikatan perjanjian jual beli tanah yang berstatus petok D menurut KUHPerdata dibatalkan sehingga yang dibuat berdasarkan Peraturan Pemerintah Nomor 24 tahun 1997 akibat penjual tidak dapat memenuhi kewajibannya.Kata Kunci : Jual beli tanah petok D, Perjanjian Pengikatan jual beli.

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018)

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 21
Author(s):  
Fathalya Laksana
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Civil Code ◽  
Court Decision ◽  
Analysis Method ◽  
The Supreme Court ◽  
Analytical Research ◽  
The Law

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property

scholarly journals Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 433
Author(s):  
Arif Bahtiar Jefry ◽  
Lathifah Hanim
Keyword(s):  
Code Of Conduct ◽  
Civil Code ◽  
Strength Of Evidence ◽  
Criminal Sanctions ◽  
Judicial Decisions ◽  
Subjective Element ◽  
Injured Party ◽  
The Law ◽  
Article 50 ◽  
Administrative Sanctions

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.

scholarly journals ANALISIS YURIDIS PENGATURAN PEMBAGIAN WILAYAH ZEE DAN LANDAS KONTINEN DI SELAT MALAKA MENURUT UNITED NATION CONVENTION ON THE LAW OF (UNCLOS) 1982 DAN HUKUM NASIONAL

2019 ◽  
Vol 7 (2) ◽  
pp. 302
Author(s):  
Ahmad Iffan ◽  
Raihana ◽  
Asrizal
Keyword(s):  
Continental Shelf ◽  
Secondary Data ◽  
Point Of View ◽  
United Nation Convention ◽  
Descriptive Research ◽  
Bilateral Relations ◽  
The Law ◽  
The Republic ◽  
The Times ◽  
Malacca Strait

This study aims to determine the international and national arrangements regarding the division of the continental shelf and the ZEE region in the Malacca Strait and the agreement between Indonesia and Malaysia in the division of the EEZ region and the continental shelf in the Malacca Strait. The research method used is normative juridical research with this research is descriptive research that aims to determine the analysis and regulation of the United Nations Convention On The Law Of Sea (UNCLOS) 1982, National Law of the Republic of Indonesia and also cooperation between countries bordering the Malacca Strait in regulating the division of zee territories and continental shelf in the Malacca Strait and the data sources used are secondary data that is data obtained from library materials such as books, journals, articles and information from websites or data obtained by researchers indirectly from the object but from other sources both oral and written. The results of this study are known to have an initial measurement of the continental shelf that was agreed to harm Indonesia from the point of view of measurements drawn from the baseline and also the results of this study indicate an agreement on the continental shelf boundary in the Malacca Strait between Indonesia and Malaysia which is very long and needs to be done renewal in accordance with the times. and the facts show that the Indonesian state has never had bilateral relations or ZEE boundary agreements in the Malacca Strait between Malaysia and Indonesia.  

scholarly journals Does the Discourse on the Increase of Value Added Tax Have any legitimacy? Utilitarian Point of View

2021 ◽  
Vol 5 (3) ◽  
pp. 340
Author(s):  
M. Aufar Saputra Pratama Erawan ◽  
Zaid Zaid ◽  
Muhammad Oky Fauzi
Keyword(s):  
Value Added ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Sources ◽  
Value Added Tax ◽  
Conceptual Approach ◽  
Analytical Technique ◽  
Goods And Services ◽  
Analysis Technique ◽  
The Government

Recently, Indonesia has introduced and planned a tax imposition program, which was announced through the planned imposition of Value Added Tax (PPN) on Nine Basic Ingredients (sembako). Not only that, it turns out that the Government of Indonesia will also impose taxes on other services, such as; Education and Orphanages and Orphanages. As a result, there is a potential for rebellion resulting from some of these plans. This study aims to examine and examine the fifth KUP Bill, which increases tariffs and the imposition of VAT on goods and services that should be excluded. This type of research is normative legal research. This study uses a law application approach and a conceptual approach. The primary sources used are secondary data sources (library materials). The analytical technique used is a descriptive, prescriptive analysis technique, which is specifically given to provide arguments for the results of research that has been carried out. This study found that the VAT rate will reach 12% with a minimum of 5% and a maximum of 15%. Moreover, in general, this policy can violate the principle of utilitarianism because it will harm social welfare. However, if VAT is only imposed on certain goods and services that are more exclusive to subsidize goods and services consumed by the poor, it will gain legitimacy in utilitarianism.

Analysis of The Consideration of The Judges over A Suit Violating The Law in Palembang State Of Court (The Study Of Decision No. 166/Pdt.G/2016/PN.Plg)

Authentica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 96-111
Author(s):  
Efka Firsta
Keyword(s):  
Legal Reasoning ◽  
Secondary Data ◽  
Criminal Code ◽  
Civil Code ◽  
District Court ◽  
Court Judge ◽  
Loss Compensation ◽  
Illegal Acts ◽  
The Law ◽  
Legal Discovery

The doctrine of violating the law (onrechtmatige daad) is regulated in Article 1365 of the Civil Code from narrow teachings which interpret that the nature of illegal acts (onrechtmatige daad ) is similar to acts against laws or written law, has developed into a broad teaching. Violation of Article 1365 of the Criminal Code The person who commits a violation of the law and causes a loss shall be obliged to compensate the said loss. Compensation can be in the form of money, restored to its original state, the claimant is entitled to request that the judge stated that the act was an unlawful act atu su s ebagaimana lawsuit in Pu decision- No. 166/Pdt.G/2014/PN/Plg. The plaintiff's party has stated that the defendant's actions violated Article 1365 of the Civil Code but the judge refused as an illegal act. The court not only decides the case procedurally but needs to have a legal breakthrough as a step of legal discovery (rechtvinding) so that it covers the frame of mind as a legal reasoning about how the judge must decide on a case. The research using normative and based on secondary data to support success. Based on this, a problem was found on the basis of the judge's consideration so that the Plaintiff's Violating Action Act in the above case was rejected by the Palembang District Court Judge as in Decision No. 166/Pdt.G/ 2014/PN.Plg.Keywords:  violating the law; lawsuit; compensation

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