scholarly journals AKIBAT HUKUM TERHADAP PIHAK YANG TIDAK BERITIKAD BAIK DALAM PROSES JUAL BELI

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 74
Author(s):  
Norma Dan Sukindar
Keyword(s):  
Good Faith ◽  
Research Library ◽  
Library Research ◽  
Selling Process ◽  
Legal Consequences ◽  
Mutual Agreement

Buying and selling is an activity carried out by two or more people to produce a mutual agreement, but there is often a sale and purchase which causes various problems. The existence of buying and selling with object agreements contain hidden defects. The situation is actually known consciously by the seller, but did not inform the buyer about it, so the buyer feels disadvantaged. Such events occur because of bad intentions or dishonest attitudes about information and the condition of an item. As a result of dishonest acts, the interests of one party have been violated. The problem raised in this paper is what the legal consequences are for parties who have no good intentions in the buying and selling process and what are the factors causing the parties to set aside good faith in the buying and selling process.This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.The results showed that with the enactment of legislation governing the buying and selling process of parties who do not have good intentions will cause legal consequences, namely the agreement becomes invalid and null and void and compensates for damages. But the reality on the ground, that the replacement of losses can be done if the parties agree. The factor causing the parties to set aside good faith in the buying and selling process is the lack of careful buyer or consumer to look for more detailed information related to the items they want to buy. While the seller or business actor, because of the opportunity to have bad intentions, in addition to that because of dishonesty.

scholarly journals HAK IMUNITAS ADVOKAT BERDASARKAN PASAL 16 UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013, TANGGAL 14 MEI 2014

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 26
Author(s):  
Anhar Buana Dan Imron
Keyword(s):  
Legal Protection ◽  
Good Faith ◽  
Research Library ◽  
Legal Services ◽  
Library Research ◽  
The Law ◽  
The Right ◽  
Work Done ◽  
Laws And Regulations

Advocates are people who work in providing legal services, both inside and outside the court, advocates are also a noble or honorable profession, advocates have a role that is no less important than other law enforcers and has the same position as a law enforcer so that it is natural for lawyers to have the right of immunity, namely the right of immunity to the work of his profession.Advocates in carrying out their profession, cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith for the benefit of the client's defense outside or in court, but in practice there are many cases involving advocates when carrying out their profession in the field up to the verdict until the verdict criminal.The problem raised in this paper is whether the lawyer is immune to the law with the existence of an advocate's immunity rights and how the legal protection of the advocate's immunity rights in carrying out his profession. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.With the enactment of laws and regulations governing the rights of advocates of immunity, that advocates are not immune from the law but because the tasks or work done by advocates constitute the work or noble profession, then he is given special authority, namely the right of immunity or the right to immunity in law carrying out his professional duties

scholarly journals Good Faith In Arbitration Resolution In Indonesia

2019 ◽  
Vol 35 (1) ◽  
pp. 185-191
Author(s):  
Novran Harisa
Keyword(s):  
Dispute Resolution ◽  
Good Faith ◽  
Legal Certainty ◽  
Library Research ◽  
Special Procedure ◽  
Arbitration Procedure ◽  
Legal Consequences ◽  
Arbitration Award

Good faith plays an important role in realizing final and binding arbitration decisions. Without good faith, the arbitration award is very difficult to be implemented immediately. Thus, the purpose of this article is to analyze the implications of good faith in resolving disputes through arbitration. The method used is normative juridical research. The nature of the study is descriptive analytics. The type of data in this study was carried out through library research. The conclusion of this article is that good faith must cling to the agreement, meaning that it is ready to accept and implement the legal consequences arising from the agreement. There are 2 types of efforts to avoid the implementation of final and binding arbitral awards: the request for cancellation of the principal agreement and the request for cancellation of the award by seeking reasons outside the provisions of Article 70 of Law Number 30 of 1999. Efforts to overcome the harm in good faith as a method of dispute resolution are associated with the goal of realizing legal certainty by adding a special procedure like dismissal in the arbitration procedure.

scholarly journals The application of good Faith principle of precontract in common law and civil law contry

2021 ◽  
Vol 10 (16) ◽  
pp. e139101623621
Author(s):  
Rizky Febri Dewanti ◽  
Pujiyono Pujiyono ◽  
Yudho Taruno Muryanto
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Law System ◽  
Library Research ◽  
Legal Implications ◽  
The Common ◽  
Civil Law System ◽  
Legal Consequences

In Indonesia, development of application of good faith principle in legal agreement focuses on the application of Civil Code (KUHPerdata) where scope is still placed on the implementation of agreement. It is as if Civil Code has not recognized the existence of good faith principle at  pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in pre-agreement/contract stage or at  negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen in countries that have common law and civil law systems. An important issue in this case relates to the principle of good faith at the pre-contract stage which creates a gap with the provisions in the legislation. To analyze these problems, legal research was conducted with the black-letter law paradigm. Technique of collecting legal materials in this research used library research. Legal materials are analyzed deductively and utilize the method of interpretation (hermeneutics). Results showed that the application of the principle of good faith at the pre-contract stage in Common Law and Civil Law countries had differences. In the Civil Law system, good faith is highly emphasized in the stage of contractual negotiation. Whereas in the Common Law system, it prioritizes efforts to restore rights of aggrieved party in pre-contract stage. Parties who do not have good faith at the pre-contract stage have legal consequences for cancellation of the agreement.

KHALIFAH FI AL-’ARD UNTUK MEWUJUDKAN KESADARAN ENERGI

1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Muhamad Iqbal
Keyword(s):  
Natural Resources ◽  
Descriptive Study ◽  
Research Library ◽  
Energy Awareness ◽  
Library Research ◽  
Comprehensive Knowledge ◽  
Qualitative Descriptive

Tulisan ini menjelaskan konsep khalifah fil’ardi sebagai wakil Tuhan dalam melestarikan alam. Penelitian ini bertujuan untuk menanamkan kesadaran energi yang berasal dari sumber daya alam. Jenis penelitian ini adalah penelitian kepustakaan (Library Research) dan penelitian ini merupakan penelitian deskriptif kualitatif. Berdasarkan analisis dan data yang penulis teliti, penulis menyimpulkan bahwa pengetahuan yang komprehensif tentang kesadaran energi menjadi dasar mengenai khalifah fil’ardi. Mewujudkan kesadaran energi di tengah masyarakat menjadi konsep termutakhir dari “khalifah fil ‘ardi” This paper describes the concept of khalifah fil’ardi as representatives of God in conserving nature. This study aims to instill awareness of energy derived from natural resources. This type of research is the research library (Library Research) and this research is a qualitative descriptive study. Based on the analysis and the data that I researched, the author concludes that a comprehensive knowledge about energy awareness is the basis of the khalifah fil’ardi. Realizing energy awareness in society becomes the latest concept of khalifah fil’ardi.

scholarly journals The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Binding Force ◽  
Land Title ◽  
Good Intention ◽  
The Right ◽  
Legal Consequences ◽  
Legal Procedures

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals TASAWUF FALSAFI SYEKH ABDUL KARIM AL JILLI DAN KONSEP INSAN KAMIL

Al'Adalah ◽  
2021 ◽  
Vol 24 (2) ◽  
pp. 119-127
Author(s):  
Syazna maulida Hasi
Keyword(s):  
Qualitative Method ◽  
Research Library ◽  
Library Research

Abd al-Karim ibn Ibrahim ibn Abd al-Karim bin Khalifah bin Ahmad bin Mahmud al-Jilli (1365–1428 M) terkenal dengan teori sufistiknya tentang insan kamil (manusia sempurna). Penelitian ini bertujuan untuk memaparkan secara terperinci pemikiran tasawuf falsafi al-Jilli mengenai konsep insan kamil. Adapun metode yang digunakan dalam penelitian ini adalah metode kualitatif dengan jenis penelitian library research (studi kepustakaan). Hasil penelitian ini adalah bahwa menurut pemikiran tasawuf-falsafi ‘Abdul Karim al-Jilli, manusia dapat berpotensi menjadi insan kamil dengan cara memaksimalkan potensi ruhhiyah atau spiritualnya. Abd al-Karim ibn Ibrahim ibn Abd al-Karim bin Khalifah bin Ahmad bin Mahmud al-Jilli (1365 – 1428 AD) is famous for his Sufistic theory of insan kamil (perfect man). This study aims to describe in detail about Al-Jilli's philosophical Sufism and how his famous thoughts regarding the concept of insan kamil. The method used in this research is a qualitative method with the type of research library research (library study). The results of this study explain that regarding the Sufism-philosophy concept of 'Abdul Karim al-Jilli, humans could be the perfect man (Insan Kamil) by maximizing their potential spirituality.

scholarly journals Nilai-Nilai Jurnalistik Islami dalam Surat Kabar Harian Bengkulu Ekspress

2018 ◽  
Vol 2 (1) ◽  
pp. 57-66
Author(s):  
Rohmad Fadli
Keyword(s):  
Descriptive Study ◽  
Research Library ◽  
Daily Newspaper ◽  
Library Research ◽  
Good Advice ◽  
Qualitative Descriptive ◽  
June July

Daily Newspaper “Bengkulu Express” is the largest daily newspaper in the province of Bengkulu. In this research the newspaper “Bengkulu Ekspress” is analyzed by seeing Islamic Journalistic values consisting of 1) A Journalist must be truthful, 2) Thoughtful and full of good advice, 3)Tabyyun, 4) Not insulting, mocking, and ridiculing, 5) Avoid Suuzhan. The result of this qualitative descriptive study with  type of research library research shows 58 news is applying Islamic Journalistic values; 53 news is about politic and 5 news is about socio religious. From those politic news edition June, July, and August occurred  9 news were applying the Islamic Journalistic value; A Journalist must be truthful, 19 news were applying the value; Thoughtful and full of good advice, 8 news were about value; Tabyyun, 4 news were adjusting the value; Not insulting, mocking, and ridiculing, also 13 news were about value; Avoid Suuzhan. The last 5 news about socio religious edition June; 4 news were found the value; Thoughtful and full of good advice, and 1 news was about the value; Not insulting, mocking, and ridiculing.

PENERAPAN LAPORAN AKUNTABILITAS DAN KINERJA INSTANSI PEMERINTAH (LAKIP) PADA BADAN PENGENDALIAN DAMPAK LINGKUNGAN (BAPEDAL) ACEH

2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Eva Susanti
Keyword(s):  
Data Collection ◽  
Field Research ◽  
Research Topic ◽  
Research Library ◽  
Library Research ◽  
State Apparatus ◽  
The Way

This research conducted in BAPEDAL  aceh, the purpose of this research is to figure out that the aplication of accountability report and work institution of government has done well.The result of data collection is got through library and field research. Library research is done by using some literature that it has relation with the research topic. While field research is the way to collect the data that it also has relation with problem discussion.Generally, the applying of primary job and bapedal function in Aceh has applied well.  The strategic of target  decision in 2010 has succed to goal by the level of percentation result average 98,53%.    The arrangement of aplication LAKIP in BAPEDAL Aceh in 2010 based on Inpres No.7 in 1999 and then it is arranged in ministry country role of efficiency  state apparatus and bureaucracy of reformation  no. 2009 in 2010 about guidelines of arrangement  for work and accountability report of institution government that it is the basic of arranging and conveying LAKIP government.

scholarly journals A Framework for Studying Organizational Innovation in Research Libraries

2012 ◽  
Vol 73 (6) ◽  
pp. 525-541 ◽  
Author(s):  
Ronald C. Jantz
Keyword(s):  
Process Model ◽  
Organizational Innovation ◽  
Empirical Studies ◽  
Theoretical Framework ◽  
Service Organizations ◽  
Research Library ◽  
Service Firms ◽  
Research Libraries ◽  
For Profit ◽  
Library Research

The objective of this paper is two-fold: to propose a theoretical framework and model for studying organizational innovation in research libraries and to set forth propositions that can provide directions for future empirical studies of innovation in research libraries. Research libraries can be considered members of a class of organizations referred to here as institutional nonprofits. As such, these organizations inherit many of the innovative properties that are associated with the broader sector of service organizations. However, institutional nonprofits have unique characteristics that distinguish them from other service organizations such as government agencies and for-profit service firms. In this paper, institutional theory is used to explain the forces that are acting on the research library. Research from organizational learning, structural contingency theory, and typologies of service organizations are used to establish a more encompassing innovation framework. Based on the literature review, the theoretical framework, and empirical studies, this paper presents a process model and propositions that characterize how the research library might innovate. These propositions can be tested in empirical studies to develop a fuller understanding of innovation in research libraries.

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