scholarly journals Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Civil Code ◽  
Employment Relationships ◽  
Work Relations ◽  
Library Research ◽  
Work Relationship ◽  
Conducting Research ◽  
Laws And Regulations

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>

scholarly journals EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 114-121
Author(s):  
Budi Aspani
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Civil Code ◽  
The State ◽  
Grace Period ◽  
Existing Problems ◽  
Court Judge ◽  
Library Research ◽  
State Administration ◽  
Conducting Research

Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.

scholarly journals Perlindungan Hukum Terhadap Pekerja PT. Mara Jaya Dalam Hal Kebebasan Berserikat Menurut Undang-Undang RI Nomor 21 tahun 2000 Tentang serikat pekerja

2019 ◽  
Vol 19 (1) ◽  
pp. 62-73
Author(s):  
Jauhari Ginting
Keyword(s):  
Production Process ◽  
Old Age ◽  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Freedom Of Association ◽  
Basic Rights ◽  
Library Research ◽  
The People

Freedom of association and assembly and also expression of opinion are basic rights possessed by citizens of a democratic sovereignty of the people. Based on this, the problem in this thesis is how to regulate the legal protection of workers in terms of freedom of association, how the implementation of legal protection for workers in terms of freedom of association at PT. Mara Jaya, what are the obstacles in terms of freedom of association implementation and how to overcome these obstacles to PT. Mara Jaya. This writing uses the library research method to study secondary data related to the  problems and field research by conducting interviews and collecting data to the Chairman of PT. Mara Jaya Medan.The legal protection arrangement for workers in terms of freedom of association is a guarantee to create a harmonious relationship between workers and employers as partners. Through a healthy industrial relationship, there will be guarantee of an equal position between the worker and the employer, the production process runs smoothly and business activities will not be interrupted and the worker will obtain welfare and guarantee of life until his old age. Implementation of legal protection for workers in terms of freedom of association at PT. Mara Jaya was not initially implemented. However, nowadays, it has been carried out in accordance with the provisions of the legislation that is protecting the rights of members, participating in maintaining order for the continuation of production, distributing aspirations in a democratic manner, developing the skills and

scholarly journals PERLINDUNGAN HUKUM PEMBELI DALAM PERJANJIAN JUAL BELI MELALUI SISTEM ELEKTRONIK

2021 ◽  
Vol 2 (01) ◽  
pp. 47-54
Author(s):  
Besty Habeahan ◽  
Aurelius Rizal Tamba
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Electronic System ◽  
Scientific Paper ◽  
Civil Code ◽  
Electronic Systems ◽  
Legal Action ◽  
Library Research

The Research  on Buyer Legal Protection in the sale and purchase agreement through an electronic system aims to find out how the validity of the sale agreement through an electronic system and how the form of legal protection of buyers for losses due to damage to goods purchased through an electronic. By the agreement between the seller and the buyer in the sale and purchase agreement, they have the rights and obligations. This research method use Library Research Method and the research carried out in the library, where data is obtained from availeble data by reading, studying books, laws and relations, magazines, scientific paper, legal dictionaries and so on. Based on the method used, the results of this study indicate that the validity of the sale and purchaseagreement through an electronic system still considers the validity of the agreement as Article 1230 KUHP of the Civil Code, namely agreement of both parties, where both parties are capable in doing legal action and cause-effect which is lawfull. Buyer’s legal protection for losses due to damage to goods purchased through electronic systems is preventive protection and repressive protection, the buyerwho suffered the loss ca sue for loss or claim the replacement of the damaged goods with goods of the same brand.

scholarly journals Hak Subrogasi Penanggung dalam Borgtocht

2021 ◽  
Vol 10 (3) ◽  
pp. 549
Author(s):  
Luh Made Asri Dwi Lestari ◽  
Anak Agung Gede Duwira Hadi Santosa
Keyword(s):  
Legal System ◽  
Research Method ◽  
Legal Protection ◽  
Civil Code ◽  
Third Parties ◽  
Binding Strength ◽  
The Third ◽  
Legal Standing ◽  
Legal Consequences ◽  
Laws And Regulations

The guarantee agreement (borgtocht) creates legal consequences such as subrogation rights for the guarantor who has borne debtor's debt to creditor. The provisions of Article 1820 of Civil Code and other articles related to borgtocht in other laws and regulations relating to guarantees show that there are no regulations for the protection of subrogation rights that the guarantor obtained in the guarantee agreement, resulting in a vacuum of norm against this matter. Determining the guarantor’s legal standing in guarantee agreement according to the Indonesian guarantee legal system and the binding strength of the authentic deed in protecting the subrogation rights of guarantor in the guarantee agreement are the goals from this research. The normative juridical research method is used in this paper by carrying out legal construction through the argumentum per analogiam method to solve the vacuum of norms, implemented by expanding the meaning of statutory provisions on similar issues and the existence of community interests that demand the same assessment. This research shows that the legal standing of guarantor are implicitly regulated in Articles 1831-1843 Civil Code and based on the argumentum per analogiam method the provisions of the authentic deed formulation in subrogation that occur because the meaning of the agreement is expanded to be applied to this issue, therefore the third parties obtain legal protection for the rights of subrogation that arise, after bearing repayment of debtor's debt. Perjanjian penanggungan (borgtocht) menimbulkan akibat hukum berupa hak subrogasi bagi penanggung yang telah melakukan penanggungan utang debitur terhadap kreditur. Ketentuan Pasal 1820 KUH Perdata dan pasal-pasal lainnya terkait dengan penanggungan serta pasal-pasal dalam peraturan perundang-undangan lainnya terkait dengan jaminan tidak terdapat pengaturan perumusan hak subrogasi yang diperoleh penanggung dalam perjanjian penanggungan, sehingga terjadi suatu kekosongan norma (vacuum of norm) terhadap persoalan ini. Mengetahui kedudukan hukum penanggung dalam perjanjian penanggungan menurut sistem hukum jaminan Indonesia dan kekuatan mengikat akta otentik dalam melindungi hak subrogasi penanggung dalam perjanjian penanggungan menjadi tujuan dalam penelitian ini. Metode penelitian yuridis normatif digunakan dalam penulisan karya tulis ini dengan melakukan konstruksi hukum melalui metode argumentum per analogiam untuk mengatasi kekosongan norma, yaitu perluasan makna ketentuan perundang-undangan terhadap persoalan yang mirip serta adanya kepentingan masyarakat yang menuntut penilaian sama. Hasil penelitian menunjukan kedudukan hukum bagi penanggung diatur secara implisit pada Pasal 1831-1843 KUH Perdara serta berdasarkan metode argumentum per analogiam ketentuan perumusan akta otentik pada peristiwa subrogasi yang terjadi karena persetujuan diperluas maknanya untuk diterapkan pada persoalan ini, sehingga pihak ketiga memperoleh perlindungan hukum atas hak subrogasinya yang timbul setelah dilakukannya penanggungan utang.

PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KOTA PALOPO

2018 ◽  
Vol 7 (09) ◽  
pp. 33-53
Author(s):  
Sri Rahayu Amri
Keyword(s):  
Domestic Violence ◽  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Descriptive Study ◽  
Crime Victims ◽  
Existing Problems ◽  
Positive Law ◽  
Library Research ◽  
The Ideal

The ideal legal protection is not solely focused on the implementation of legislation, although in reality, the legal protection of the tendency is not implemented as expected by the community, as some interpret the judge's decision. Domestic violence is any form of violence perpetrated by husbands, wives, other family members who result in physical, psychological, sexual and economic harm, including threats, deprivation of liberty occurring in a household or family.This study aims to see the form of legal protection against victims of domestic violence, and then analyze the factors that influence the effectiveness of the prevention of domestic violence, which then look at the extent of the effectiveness of the prevention of domestic violence against victims of violent crime In particular households and the general publicThis research is a descriptive study with a juridical-empirical approach that examines the rules of positive law in order to get answers to the existing problems by linking with facts or phenomena about Domestic Violence. This study is a doctrinal and non-doctrinal combines normative research and empirical research using annotations through library research methods and field research method. Keywords : Legal Protect ion, Crime Victims, Domestic Violence

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES

2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Research Method ◽  
Economic Condition ◽  
Field Research ◽  
Comprehensive Analysis ◽  
Islamic Banks ◽  
Legal Research ◽  
Trading System ◽  
Library Research

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 

scholarly journals PENGARUH FAKTOR KEUANGAN DAN PEMASARAN TERHADAP KELAYAKAN USAHA PO. KERIPIK PISANG SUSENO DI BANDAR LAMPUNG

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Yudiana Yudiana ◽  
Keyword(s):  
Research Method ◽  
Net Present Value ◽  
Field Research ◽  
Payback Period ◽  
Internal Rate Of Return ◽  
Present Value ◽  
Financial Feasibility ◽  
Library Research ◽  
Interview Methods ◽  
Library Support

Abstract The object of research is PO. Pisang Suseno Bandar Lampung Chips located at Jalan Ikan kakap No. 78 Teluk Betung. PO. The problem studied was to find out the influence of financial and marketing factors on business feasibility of PO. Suseno Banana Chips in Bandar Lampung because of the business feasibility of PO. Suseno Banana Chips in Bandar Lampung business feasibility PO. Suseno Banana Chips in Bandar Lampung are declining. The research method used in this study is library research carried out by reading and studying books, scientific works and other library support related to this research and field research conducted by examining directly on PO. Suseno chips in Bandar Lampung through interview methods and questionnaires related to financial and marketing factors to the business feasibility of Suseno Keripik in Bandar Lampung. The results showed that the influence of financial and marketing factors on business feasibility of PO. Suseno Chips in Bandar Lampung, Based on calculations and research results from several financial feasibility criteria, it can be seen that the Net Present Value (NPV) is 226,745,626 and the Profitability Index (PI) is 1.87, the Internal Rate of Return (IRR) is 40.47% and Payback period (PP) for 2 years 23 days. This business should be developed in the direction of a larger processing industry given the products of PO chips. Suseno is a product that is quite popular with the community and this business can be used as an example by various parties who want to pursue similar businesses.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

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 Sertifikat Laik Fungsi pada Bangunan Gedung di Kota Bandung Dalam Kaitannya dengan Izin Mendirikan Bangunan

2021 ◽  
Vol 21 (3) ◽  
pp. 963
Author(s):  
Devi Elora
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Field Research ◽  
Existing Building ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Building Permits ◽  
Library Research ◽  
Specific Implementation ◽  
The City

The rise of buildings in the city of Bandung is a symbol of the development of the city of Bandung itself, but the development of a city must of course refer to the existing rules. The existence of buildings whose utilization is often found to be inconsistent with IMB, in other words, there is a mismatch between SLF and IMB which of course raises problems regarding the use of building functions that are not in accordance with existing building permits. Identification of the problem in this thesis research is how the legal arrangements regarding SLF for buildings are in the presence of an IMB and how is the SLF for buildings that are not used in accordance with the IMB. The research method uses the normative juridical method, which is carried out using library research and field research conducted at institutions related to the issue of building function worthiness certificates in the city of Bandung in relation to building permits. The conclusion obtained in this study is the legal arrangement regarding SLF for buildings in the presence of an IMB which is basically the existence of an SLF located or based on an IMB. SLF is a provision for the use of buildings, while IMB is the legality of the existence of buildings, problems regarding the incompatibility between IMB and SLF can be studied from 3 main subjects of the existence of SLF namely government, society and the rule of law, but what is fundamental is the absence of legal rules regarding specific implementation instructions in The City of Bandung regulates SLF, so that SLF in Bandung City has not been able to run well. SLF of buildings whose utilization is not in accordance with the IMB has the consequence that the use of the SLF that should be in accordance with the IMB must be adjusted to the provisions contained in the IMB.

Sign in / Sign up

Export Citation Format

Share Document