scholarly journals PENCATATAN PERKAWINAN YANG SAH MENURUT HUKUM PERDATA YANG BERLANDASAKAN UNDANG-UNDANG TENTANG PERKAWINAN

2021 ◽  
Vol 3 (1) ◽  
pp. 32-42
Author(s):  
Prima Resi Putri
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Research ◽  
Social Event ◽  
The Law ◽  
Laws And Regulations

Law Number 1 of 1974 concerning Marriage has regulated the registration of marriages, detailed in Article 2 of Law Number 1 of 1974. Provisions regarding this registration are further regulated in detail in Government Regulation Number 9 of 1975 as a regulation for implementing Law Law No. 1/1974. Registration of marriages of those who are Muslim is carried out by Registrar as interpreted in Law Number 32 of 1954. The fact is that in the midst of the community many people still do not register their marriages at the authorized institutions. Resulting in unfavorable consequences for women or the wife and children born. The research method used is normative juridical legal research. The registration of a marriage is intended as an authentic means of proof with the evidence that a marriage can be prevented or canceled. This painting is not a valid marriage or not a marriage that occurs is only for administrative order only. The law requires each marriage to be recorded according to the applicable laws and regulations which means that a marriage is an important social event, therefore it is necessary to be recorded in a record provided specifically for that and to make the event an clear events for the concerned person or others.

scholarly journals Kepastian Hukum Usaha Mikro Kecil dan Menengah Dalam Pola Kemitraan Sebagai Penerima Waralaba

2020 ◽  
Vol 9 (3) ◽  
pp. 547
Author(s):  
I Made Bagus Suardana ◽  
I Wayan Wiryawan
Keyword(s):  
Economic Growth ◽  
Research Method ◽  
Government Regulation ◽  
Central Government ◽  
Small And Medium Enterprises ◽  
Legal Certainty ◽  
Legal Research ◽  
The Law ◽  
Medium Enterprises ◽  
Regional Governments

The legal certainty for micro, small and medium enterprises in a partnership scheme is as a franchisee. Economic growth is so fast and advanced that many regulations by the central government and regional governments issue policies that cannot be implemented and result in no guarantee of legal certainty for the community. The purpose of this paper is to review the regulation of the minister of trade regarding franchising in 2019 related to legal certainty for micro, small and medium enterprises in the framework of a franchise business. The method used in this paper is a normative legal research method by analyzing the provisions of statutory regulations. The results of this study explain that based on the principle of lex superior derogate legi inferiori, the law with a higher position removes the laws that are under it, namely in the MSME partnership pattern in the franchise business, it should still use the rules in Government Regulation No. 17 of 2013 concerning the Implementation of Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises. Kepastian hukum usaha mikro, kecil dan menengah dalam pola kemitraan adalah sebagai penerima waralaba. Pertumbuhan ekonomi yang demikian cepat dan maju, menyebabkan banyak regulasi oleh pemerintah pusat maupun pemerintah daerah menerbitkan kebijakan–kebijakan yang belum dapat dilaksanakan dan berakibat tidak adanya jaminan kepastian hukum yang berkeadilan bagi masyarakat. Tujuan dari penulisan ini, untuk mengkaji peraturan menteri perdagangan tentang waralaba tahun 2019 terkait kepastian hukum bagi usaha mikro, kecil dan menengah dalam rangka bisnis waralaba. Metode yang digunakan dalam tulisan ini metode penelitian hukum normatif dengan menganalisa dari ketentuan peraturan perundang–undangan. Hasil penelitian ini menjelaskan bahwa  berdasarkan asas lex superior derogate legi inferiori mengakibatkan hukum yang kedudukannya lebih tinggi menghapus hukum yang ada di bawahnya yaitu dalam pola kemitraan UMKM dalam bisnis waralaba sudah seharusnya tetap menggunakan aturan dalam Peraturan Pemerintah No. 17 Tahun 2013 Tentang Pelaksanaan Undang-Undang Nomor 20 Tahun 2008 Tentang Usaha Mikro, Kecil dan Menengah.

scholarly journals Discrimination against Children Born Outside of Marriage in Indonesia

2020 ◽  
Vol 7 (9) ◽  
pp. 121
Author(s):  
Nahdiya Sabrina ◽  
Thohir Luth ◽  
Masruchin Rubai ◽  
Nurini Aprilianda
Keyword(s):  
Research Method ◽  
Equal Treatment ◽  
Legal Certainty ◽  
Next Generation ◽  
Legal Research ◽  
Biological Father ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Laws And Regulations

The protection of Indonesian children as the nation's next-generation that is free from discrimination has not been fully implemented, it is evident in our society that there are still many children who do not get enough attention in protecting and fulfilling their rights. Children born out of wedlock are sometimes not recognized and neglected by their biological father. Unlike legitimate children whose rights are guaranteed and there are sanctions if these rights are not fulfilled by the father, for children born outside of marriage there is no penalty if the biological father neglects them. The method used in this research is the normative legal research method. This paper discusses the conditions of children born outside of marriage in Indonesia, discrimination against children born outside of marriage in Indonesia, and expectations for children born outside of marriage in Indonesia. Currently, there are no laws and regulations that state sanctions if the biological father does not want to be responsible for the birth of this child. This is certainly not in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 28D paragraph (1) which reads: “Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law.

scholarly journals The Problems of Conception of Law Amendment with Government Regulations of Omnibus Bill on Job Creation Studied from the Theory of Legislation Perspective

2020 ◽  
Vol 1 (3) ◽  
pp. 474-485
Author(s):  
Zainuddin Zainuddin
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Job Creation ◽  
Legal Research ◽  
Government Regulations ◽  
The Law

Crucial issues in the Omnibus Bill on Job Creation are the actual discussion today. In particular, the potential for executive heavy in Article 170 paragraph (1) of Omnibus Bill on Job Creation is because  the Law could be amended by a Government Regulation. This paper trues to analyze the problems of conception in the Omnibus Bill on Job Creation and also the problems in the perspective of statutory theory. The research method used is normative juridical legal research. The results show that Article 170 paragraph (1) of Omnibus Bill on Job Creation contradicts Article 7 of Law no. 12 of 2011 and the theory of legislation put forward by Adolf Merkl and Hans Kelsen's theory of norms level.

scholarly journals Kemerdekaan Hakim Dan Kemandirian Kekuasaan Kehakima Dalam Konsep Negara Hukum

2021 ◽  
Vol 3 (1) ◽  
pp. 47-57
Author(s):  
Azwad Rachmat Hambali
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Research Method ◽  
Judicial Power ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

Tujuan penelitian menganalisis kemerdekaan hakim dan kemandirian kehakiman dalam konsep negara hukum. Metode Penelitian menggunakan penelitian hukum normative, Hasil penelitian bahwa Kemerdekaan Hakim  dan kemandirian Kekuasaan Kehakiman sebagai  penjelmaan konsep Negara Hukum sebagaimana diatur dalam Pasal 1 ayat 3 Undang Undang Dasar Negara Republik indonesia Tahun 1945  (hasil amandemen) beserta beberapa peraturan perundang undangan yang terkait seperti Undang Undang Kekuasaan Kehakiman, Undang Undang Mahkamah Agung, Undang Undang Komisi Yudisial  serta ketetapan MPR yang merupakan rujukan dalam pelaksanan Kemerdekaan Hakim, dan kemandirian personal, kemandirian substantive ,kemandirian internal serta kemandirian institusi. Rekomendasi mewujudkan konsep Negara Hukum perlu ditata peraturan perundang undangan yang menjamin kemerdekaan Hakim dan Kemandirian Kekuasaan. The research objective is to analyze the independence of judges and the independence of the judiciary in the concept of a rule of law. The research method uses normative legal research. The results show that the independence of judges and the independence of the judicial power as the embodiment of the concept of the rule of law as regulated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (amendments) along with several related laws and regulations such as the Law Judicial Power, the Law on the Supreme Court, the Judicial Commission Law and the MPR decrees which are references in the implementation of Judges' Independence, and personal independence, substantive independence, internal independence and institutional independence. Recommendations to embody the concept of a rule of law need to put in place laws and regulations that guarantee the independence of judges and independence of power.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 176-180
Author(s):  
I Gusti Agung Ayu Lita Pratiwi ◽  
Nella Hasibuan Oleary ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
Legal Requirements ◽  
Land Registration ◽  
Selling Process ◽  
Ownership Rights

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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