scholarly journals PROBLEMATIKA PENDIRIAN BANGUNAN DI ATAS AIR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG

2019 ◽  
Vol 5 (1) ◽  
pp. 99
Author(s):  
Reza Adrian Setyada
Keyword(s):  
Legal Protection ◽  
Legal Basis ◽  
Legal Certainty ◽  
Legal Problems ◽  
The Government ◽  
Descriptive Method

            The establishment of buildings on water is a phenomenon that can cause legal problems due to lack and unclear legal basis that govern the establishment of buildings on the water. This research aims to find out how the legal certainty regarding the establishment of the building on the water and how the form of legal protection is given to the owner of the building established on the water. The study was conducted with a normative juridical approach and was analyzed by a qualitatively descriptive method. Based on the results of the study, article 1 number 1 UU No. 28 year 2002 mention of the building can be established above and/or in water so that this article confirms that the building on the water is allowed. However, LAW No. 28 of 2002 only regulates the licensing and requirements of building on the land, so if it is associated with a building above the water will be a discrepancy that leads to problems related to the building on the water which is the legal certainty of the building established on water is not strong enough. Therefore, it is necessary that the government provide a legal protection to the owner of the building established on the water in order to guarantee the legal certainty. Such protection can be done by adding rules related to the requirements and licensing of the building established on the water tha t can guarantee the legal certainty and become the legal basis for the building established on the water.

scholarly journals UPAYA PERLINDUNGAN HUKUM PADA KONSUMEN DALAM TRANSAKSI E-COMMERCE UNTUK MENDUKUNG PERTUMBUHAN EKONOMI DIGITAL DI INDONESIA

2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Tetanoe Bernada
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Legal Certainty ◽  
Business Transaction ◽  
Rights Protection ◽  
Legal Problems ◽  
Consumer Rights ◽  
Bargaining Position ◽  
Economic Slowdown ◽  
The Government

The business transaction method has changed, from “real world” to virtual world.  This phenomenon provokes many legal problems for consumers where consumers often do not have a strong bargaining position and have a weak position. The e-commerce industry in Indonesia grows rapidly in the middle of economic slowdown pace. The value of e-commerce in Indonesia in 2016 is estimated to reach 30 billion US dollars or equivalent to Rp 395 trillion. The figure is predicted to rise to 130 billion US dollars or equivalent to Rp 1.714 trillion in 2020. The government should regulate the legal protection for consumer especially based on its actualization and urgency. The aim of this protection is to fulfill legal certainty which is needed both for business transaction and consumer rights protection. Furthermore, the legal protection of consumer rights in e-commerce should be given in whole aspects of law both simultaneous and comprehensive protection.Keywords: legal protection efforts, consumers, e-commerce

scholarly journals Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection

2021 ◽  
Vol 3 (1) ◽  
pp. 155-170
Author(s):  
Nirwan Junus ◽  
Karlin Zakaria Mamu ◽  
Mohamad Syahnez W. Aditya Cono
Keyword(s):  
Research Method ◽  
Oil And Gas ◽  
Legal Protection ◽  
Legal Basis ◽  
Legal Research ◽  
Legal Problems ◽  
The Law ◽  
The Government ◽  
Formal Business

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation.  The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.

scholarly journals PERLINDUNGAN HUKUM TERHADAP BANK SEBAGAI KREDITUR BARU DALAM PENGALIHAN PIUTANG ATAS KREDIT PEMILIKAN RUMAH SECARA TOP UP

2018 ◽  
Vol 4 (2) ◽  
pp. 110
Author(s):  
Widya Justitia ◽  
Zil Aidi
Keyword(s):  
Legal Protection ◽  
Legal Basis ◽  
Legal Certainty ◽  
Legal Research ◽  
Qualitative Descriptive ◽  
Descriptive Method

The purpose of this study is to determine and analyze the upcoming risks that can occur in the bank as a new creditor over the implementation of transfer of receivable house ownership credit (KPR) via top up. In addition, this study also discusses the form of ideal legal protection for banks as the new creditor over the transfer of house ownership credit via top up. The research that use Bank Tabungan Negara (BTN) Yogyakarta Branch as the respondent is a qualitative empirical legal research and analyze the data collected by qualitative descriptive method. Take over KPR via top up have a legal certainty risk associated with the interlude time between signing the agreement with the transfer of collateral from the old creditor to the new creditor. Currently, the legal protection for banks as the new creditor in the implementation of take over KPR via top up is only in the form of preventive protection that could be seen in precautionary actions to ensure the fullfillment of the rights and obligations of the parties. Furthermore, subrogation agreements are also required as a complement and legal basis to ensure the release of the collateral from the previous agreement. 

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

Pelaksanaan Pencatatan Blokir Sertipikat Hak Atas Tanah (Studi di Kantor Pertanahan Kabupaten Sleman dan Bantul)

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 117-135
Author(s):  
Anisa Sekarsari ◽  
Haryo Budhiawan ◽  
Akur Nurasa
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Dispute ◽  
Time Period ◽  
Recording Process ◽  
Potential Loss ◽  
The Government

Abstract: In order to give the assurance of legal certainty, certainty of rights and legal protection to holders and owners of land rights, the land registration shall be carried out. However, there is still a land dispute which now become a homework for The Government. This is because the certificate which should be a strong evidentiary can not guaranteed the legal certainty for the owner, so the person who right the land can blocking the certificate of land rights at Land Office. The issuance of Regulation Minister of Agrarian Affairs and Spatial / Head of National Land Office Number 13 Year of 2017 concerning the Procedures of Block and Sita which expected to create uniformity, standardization in recording process and abolition of registration blocked, it turns out not all the rules can be implemented at The Land Office of Sleman and Bantul Regency.The result of this research shows that blocking certificate process at Sleman Land Office and Bantul Land Office have a policy that the applicant is required to pay the blocking recording fee after the blocking received. Makes a potential loss to the (PNBP) which should be owned by Land Office for faced the problem of KKPweb application which have not been able to accomodate the time period of blocking. Keywords : blocking certificate, blocking, registration blocked Intisari: Dalam rangka memberikan jaminan kepastian hukum dan kepastian hak serta perlindungan hukum kepada pemegang dan pemilik hak atas tanah, maka dilaksanakan pendaftaran tanah. Namun demikian, masih saja terjadi sengketa pertanahan yang saat ini menjadi pekerjaan rumah bagi Pemerintah. Hal ini disebabkan karena, sertipikat sebagai alat pembuktian yang kuat ternyata belum menjamin kepastian hukum pemiliknya sehingga pihak yang merasa berhak atas tanah tersebut dapat melakukan blokir sertipikat hak atas tanah di Kantor Pertanahan. Dikeluarkannya Permen ATR/Kepala Nomor 13 Tahun 2017 tentang Tata Cara Blokir dan Sita yang diharapkan bertujuan untuk mewujudkan keseragaman, standarisasi dalam pelaksanaan pencatatan dan penghapusan catatan blokir ternyata tidak semua peraturan tersebut dapat dilaksanakan di Kantor Pertanahan Kabupaten Sleman dan Bantul. Hasil penelitian menunjukan bahwa pelaksanaan pencatatan blokir di kantor pertanahan Kabupaten Sleman dan Kabupaten Bantul terdapat kebijakan yaitu pemohon diwajibkan membayar biaya pencatatan blokir setelah blokirnya diterima membuat potensial loss terhadap (PNBP) yang seharusnya didapat kantor pertanahan untuk kendala yang dihadapi yaitu Aplikasi KKPweb yang belum dapat mengakomodir jangka waktu blokir. Kata Kunci: blokir sertipikat, pemblokiran, pencatatan blokir

scholarly journals SANDERA PAJAK SEBAGAI ALAT PAKSA DALAM PENAGIHAN UTANG PAJAK ( Studi tentang Penegakan Hukum Pajak Melalui Sandera Pajak )

2015 ◽  
Vol 44 (1) ◽  
pp. 69
Author(s):  
Budi Ispriyarso
Keyword(s):  
Research Result ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Tax Collection ◽  
Approach Method ◽  
The Government

Problems found in this study is the reason why the government uses tax hostages in tax collection, how hostage force to used as a tool in the collection of tax debts and how the hostage-taking in terms ofjuridical aspect. The approach method used in this research is the Socio Legal Research. Result is that there are several factors that become a reason for the tax hostage. Government (fiscus) in collecting tax debts with the tax hostages have been carried out in accordance with the provisions of the act . According to aspects of legal certainty, tax hostages in Indonesia has had a legal protection, named Law No. 19 of 2000 as well as some regulatory other aspects . From the legal justice aspect, protection law also granted to taxpayers affected by the gijzeling. From the aspect of expediency, the application of the gijzeling prove to be useful in improving taxpayer compliance.Permasalahan yang terdapat dalam penelitian ini adalah mengapa pemerintah menggunakan sandera pajak  dalam penagihan pajak, bagaimana penyanderaan dipergunakan sebagai alat paksa dalampenagihan utang pajak dan bagaimana penyanderaan ditinjau dari aspek yuridis. Metode Pendekatan yang dipergunakan dalam penelitian ini adalah metode Socio legal Research. Hasil Penelitian adalah ada beberapa faktor yang menjadi alasan dilakukannya penyanderaan pajak. Pemerintah (fiscus) dalam melakukan penagihan utang pajak dengan sandera pajak telah dilakukan sesuai dengan ketentuan undang-undang.Berdasarkan aspek kepastian hukum, sandera pajak di Indonesia telah mempunyai payung hukumnya  yaitu UU Nomor 19 tahun 2000 serta beberapa peraturan lainnya. Dari aspek keadilan, perlindungan hukum juga diberikan kepada wajib pajak yang terkena sandera pajak.Dari aspek kemanfaatan, penerapan sandera pajak bermanfaat dalam peningkatan kepatuhan wajib pajak.

scholarly journals KEDUDUKAN HUKUM PERUSAHAAN BENTUK USAHA TETAP (PERMANENT ESTABLISHMENT) DALAM DIMENSI HUKUM PENANAMAN MODAL DI INDONESIA

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Putu Ratih Prabandari
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Permanent Establishment ◽  
Legal Position ◽  
Investment Law ◽  
Rights And Interests ◽  
The Government

Companies with a permanent establishment is a form of a business carried on in Indonesia, carried out either by an individual or entity whose establishment was not done in Indonesia. The company with a permanent establishment differences with the concept of establishment permitted by the Investment Act. Starting from the concept, which raised the question of how the legal position of the company with a permanent establishment in the perspective of the Investment Law. The general objective of this study is an attempt to develop jurisprudence in relation to the company's legal position with a permanent establishment under the Investment Law. This normative research method, to examine the books and legal materials related to the issue under study. Companies with a permanent establishment in Indonesia is foreign investment, it is appropriate for the government is required to provide legal protection to the investors, including protecting the rights and interests of investors in investing in Indonesia. In order for them to get their rights in accordance with the laws mandated, so the investment law are expected to protect the interests of the parties who invest either directly or indirectly involved in Indonesia. Guarantee legal certainty to investors, so the investment is economically capable of generating profits for investors.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Pelaksanaan Pertanggungjawaban Sosial Perbankan terhadap Koperasi dalam Hal Sertifikasi Kekayaan Intelektual Sebagai Jaminan Kredit Perbankan

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 160
Author(s):  
Wibi Anska Putri
Keyword(s):  
Economic Growth ◽  
Legal Protection ◽  
Bank Loans ◽  
Legal Certainty ◽  
The Social ◽  
Banking Institutions ◽  
The Government ◽  
Credit Agreement ◽  
Linkage Program

HKI is a work declared by creative economic actors as an effort to encourage Indonesia's economic growth. In addition to being a form of legal protection, the existence of one type of HKI namely the brand can be used as a concept as collateral. In fact, there is no legal force to implement this because there are no regulations governing it, causing legal uncertainty for the parties involved, especially regarding the policy of banking institutions in providing credit to cooperatives or UMKM that have been certified. The results of this paper show that the application of collective brand certificates to be used as collateral for bank loans does not yet have legal certainty, and the efforts that can be made by the government are to harmonize regulations, provide counseling on the importance of the existence of HKI, and monitor the balance between applicable rules and reality. which took place in the field. The role of cooperatives or UMKM is to maintain good performance when banking institutions have provided access to capital in the form of credit by implementing the Linkage Program Executing pattern based on the principle of consensus or trust and applying risk management principles in each credit agreement. The social responsibility of banking institutions in this case is to provide easing of collateral and is not commercial in nature.

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