scholarly journals KEDUDUKAN DOKTRIN RES IPSA LOQUITUR (DOKTRIN YANG MEMIHAK PADA KORBAN) DALAM TATA HUKUM INDONESIA

GANEC SWARA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 401
Author(s):  
TITIN APRIANI
Keyword(s):  
Data Collection ◽  
Civil Code ◽  
Applicable Law ◽  
Library Research ◽  
The Law ◽  
Res Ipsa Loquitur

This research is a library research that uses data in the form of books, laws, articles, journals and other literature related to the title, while the technique and data collection is by collecting various ideas, theories and concepts from various literatures that focus on the process of comparison between the arguments or other laws. The results of the study can be drawn a conclusion that the doctrine of res ipsa loquitur can be applied in Indonesia through the evidences that have been concluded by the judge, in accordance with applicable law. Article 173 of the RIB states that the allegations which are not based on an applicable law, may only be considered by the judge in passing the verdict, if the allegations are important, thorough, certain and in accordance with one another. In line with Article 1922 of the Civil Code, it is stated that the allegations that are not based on the law are left to the consideration and alertness of judges, which should not be considered by other allegations, other than those that are thorough and certain, and in accordance with each other

scholarly journals TANGGUNGJAWAB NAZHIR KOPERASI SYARIAH SEBAGAI LKS PWU DALAM PENGELOLAAN WAKAF UANG MELALUI APLIKASI FINTECH

2020 ◽  
Vol 2 (2) ◽  
pp. 141-157
Author(s):  
Siti Nurhayati, Nurjamil
Keyword(s):  
Analytical Study ◽  
Field Research ◽  
Civil Code ◽  
Library Research ◽  
The Law ◽  
The City

This research was conducted to determine the form of Islamic cooperative nazhir responsibilities as PWU LKS in the management of waqf especially for a loss case in the management of waqf money. The study was a qualitative analytical study with a normative juridical approach. Data obtained through library research and field research and then analyzed qualitatively. This research was conducted in the city of Bandung, in this case the object of the study was the Sharia Cooperative that had been designated as a nazhir waqf for money by the Indonesian Waqf Board. The study concluded that if problems in the management of waqf money such as the occurrence of problematic financing or NPF, occured due to Nazir errors, either due to deliberate or negligence and / or due to non-consideration of the principle of prudence, then Nazir can be held liable according to the responsibility based on the error (based on error) on fault). This is regulated in the Civil Code (hereinafter abbreviated as the Civil Code) specifically contained in Articles 1365, 1366 and 1367. If some provisions relating to the principle of responsibility based on errors can be proven, Nazirs were required to compensate and return the endowment funds. Conversely, if the problems occured are not due to Nazir's fault, Nazir cannot be held accountable, both morally and legally. Compensation for wakaf assets shall be borne by other parties who cooperate with Nazir as stipulations regarding defaults or acts against the law stipulated in the Civil Registry   Keywords: Responsibility, Nazhir Wakaf Money, PWU LKS, Fintech

scholarly journals KLAUSUL KUASA MUTLAK DALAM AKTA JUAL BELI TANAH DI KOTA PALOPO

2020 ◽  
Vol 2 (1) ◽  
pp. 142
Author(s):  
Ashar Sinilele
Keyword(s):  
Data Collection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
The Absolute ◽  
The Law ◽  
The Right

AbstractBased on the provisions of Article 1813 of the Civil Code which states that the granting of power ends with the withdrawal of the power of attorney, if it is associated with the clause granting the power of attorney in a binding purchase agreement which is an absolute power or that can’t be revoked, then it is clear that the clause is contrary to existing laws. This is also explained in Article 1814 of the Civil Code regarding the existence of the right of the grantor to withdraw his power of attorney if desired. Thus the absolute power clause is a deviation from the law. Based on the Instruction of the Minister of Home Affairs Number 14 of 1982, it is also clear that this violates regulations which are still in force. That absolute clausal agreements as applied a lot is a form of contradiction in the law so that it should need to be revised. For data collection this research was carried out at the Palopo City Notary Office regarding the land purchase agreement as regulated in the Civil Code.Keywords: Deed, Buy and Sell, Absolute Power of Attorney.AbstrakBerdasarkan ketentuan Pasal 1813 KUH-Perdata yang menyebutkan bahwa pemberian kuasa berakhir dengan ditariknya kembali kuasa penerima kuasa, jika dikaitkan dengan klausul pemberian kuasa pada perjanjian pengikatan jual beli yang merupakan kuasa mutlak atau kuasa yang tidak dapat dicabut kembali, maka jelas bahwa klausul tersebut bertentangan dengan undang-undang yang ada. Hal ini juga dijelaskan pada Pasal 1814 KUH-Perdata tentang adanya hak dari pemberi kuasa dapat menarik kembali kuasanya manakala dikehendaki. Dengan demikian klausul kuasa mutlak merupakan penyimpangan dari undang-undang. Berdasarkan Instruksi Menteri Dalam Negeri Nomor 14 Tahun 1982, jelas juga hal tersebut melanggar peraturan yang sampai saat ini masih berlaku. Bahwa perjanjian clausul mutlak sebagaimana banyak diterapkan merupakan suatu bentuk pertantangan di dalam undang-undang sehingga hal tersebut seharusnya perlu mendapat revisi. Untuk pengambilan data penelitian ini dilakukan di kantor Notaris Kota Palopo yang berkenaan tentang perjanjian jual-beli tanah sebagaimana yang diatur dalam KUH-Perdata.Kata Kunci : Akta, Jual Beli, Kuasa Mutlak.

scholarly journals Implementasi Kaidah “Lā Masāga li al-Ijtihād fī Maurid al-Naṣ” dalam Fikih Islam

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Jahada Mangka ◽  
Andi Muh. Taqiyuddin BN ◽  
Muh. Isra Syarif
Keyword(s):  
Data Collection ◽  
Literature Study ◽  
Collection Method ◽  
Data Collection Method ◽  
Library Research ◽  
The Law

The purpose of this research is to describe, explain the meaning and veracity of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ, and to explain how the implementation of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ. This research is qualitative, the type of research is library research and uses a normative juridical approach. The data collection method used was a literature study. The results showed that; 1) 1. The rule Lā Masāga Lilijtihād Fī Maurid al-Naṣ has the meaning that it is not permissible to do ijtihad as long as there is a verse. And the function of fiqh rules, especially in this jurisprudence principle, is to explain that the law of fiqh functions to provide an interpretation of the text that it is not permissible to do ijtihad or seek the law of a problem as long as the problem is still explained in the law in the text. 2) The validity of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ is listed in the passages of the Koran and as-Sunnah, which explains about prioritizing the commands of Allah and His Messenger before taking other laws if there is no explanation in the Shari'a. 3) The implementation of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ (ijtihad is not allowed as long as nash is existing) is valid as long as it does not violate or contradict the nas, consensus, qiyas jaliy, the words of the 4 mazhab, and the judge's error in the legal outcome, cause, or method. So the implementation of this rule can be noticed in existing examples and this rule cannot always be implemented or implemented, because several things have been mentioned regarding the exceptions regarding this rule.

scholarly journals Akibat Hukum Perjanjian Pinjam-Meminjam Uang yang Dinyatakan Batal Demi Hukum

2021 ◽  
Vol 2 (2) ◽  
pp. 367-372
Author(s):  
Ni Made Ayu Pratiwi ◽  
I Nyoman Putu Budiartha ◽  
Ni Komang Arini Styawati
Keyword(s):  
Civil Code ◽  
Conceptual Approach ◽  
Library Research ◽  
The Law ◽  
Legal Consequences ◽  
Laws And Regulations

The money lending and borrowing agreement is an agreement involving the debtor and the creditor. In this type of agreement, there is usually what is called a null and void agreement. This research uses a method based on a statutory and conceptual approach. Sources of data used are primary and secondary legal materials with library research. The technique of collecting data is by recording, quoting, summarizing and then reviewing documents in the form of laws and regulations, literature, magazines, newspapers, and other articles related to the object of research. The material is presented descriptively, namely in the form of written or oral words from the informants relating to the issues discussed so that conclusions can be explained. The purpose of this research is to find out the loan and loan agreement which is declared null and void and the legal consequences for the parties of the agreement which are null and void. The results of the analysis found that the occurrence of a null and void agreement in a money loan agreement. A null and void agreement can occur because the objective requirements stipulated in the law are not fulfilled and the legal consequences for the parties are not clearly written in the rules of the Civil Code, where in The regulation only contains the loan and loan agreement and the validity of an agreement does not discuss the sanctions for the parties in the event of a null and void agreement

scholarly journals ANALISIS PERHITUNGAN DAN PELAPORAN PPH PASAL 25 PADA PT SELAGO MAKMUR PLANTATION

2018 ◽  
Author(s):  
Dewi Zulvia
Keyword(s):  
Data Collection ◽  
Field Research ◽  
Secondary Data ◽  
Analysis Method ◽  
Applicable Law ◽  
Qualitative And Quantitative ◽  
Library Research ◽  
Commercial Accounting ◽  
Research Analysis ◽  
Made In

The research was conducted at PT SELAGO MAKMUR PLANTATION Padang. This study aims to conduct an analysis of 25 calculation and reporting of PPH Article 25 on the PT SELAGO MAKMUR PLANTATION Padang and to find out if the company does with the tax obligations applicable laws. In this study the author uses primary and secondary data, while data collection techniques by conducting field research and library research. Analysis method used consists of qualitative and quantitative analysis.From the research, commercial accounting profit according to the PT SELAGO MAKMUR PLANTATION the profits in fiscal amounting to Rp. 19,943,110,563 and Rp. 48,840,381,127.03. Calculation of PPH Article 25 that the company paid in 2006 was Rp. Rp. 637 783 403 and in . PT SELAGO MAKMUR PLANTATION in SSP payments made in an independent bank which conducted research on the tax return no later than two months after the tax return is received.From penelitian, the authors suggest to PT SELAGO MAKMUR PLANTATION to continue to tax obligations under applicable law.

scholarly journals ASPECTS OF PRIVATE LAW WHICH ARE NOT ENFORCED BY THE REGULATION (EU) No. 650/2012

2016 ◽  
Vol 9 (4) ◽  
pp. 61-68
Author(s):  
Ioana Nicolae
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Private Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Council Regulation ◽  
To Come ◽  
A Company ◽  
Property Regimes

A novelty element which concerns even Romanian citizens is the enforcement of Regulation (EU) no 650/2012. Although the area of enforcement of the regulation should include all aspect of civil law regarding a deceased person’s patrimony, certain aspects were deliberately left out from the enforcement area of this regulation, as the questions governed by the law of companies or relating to matrimonial property regimes. To illustrate the effects of the death of an associate in a company, we will provide a short comparative presentation of the continuance of the collective society with the heirs of the deceased partner as regulated by Law no 31/1990 regarding Romanian companies as opposed to the French Civil Code. Also, our brief analysis of the Proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, may shed some light on what is to come in matrimonial property regimes.

scholarly journals KONSEP GANTI RUGI DALAM PERBUATAN MELAWAN HUKUM DAN WANPRESTASI SERTA SISTEM PENGATURANNYA DALAM KUH PERDATA

GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 929
Author(s):  
TITIN APRIANI
Keyword(s):  
Data Collection ◽  
Civil Law ◽  
Process Comparison ◽  
Library Research ◽  
The Law

      This research is a library research, which uses data in the form of books, laws, articles, journals and other literature related to the title, while the technique and data collection is to collect various ideas, theories and concepts from various literatures that focus on the process. comparison between arguments, articles or other laws.      The results of the research can be concluded that regarding acts against the law are important things in the field of civil law. The application of the conception of an act against the law is often equated with the conception of breaking a promise (default). Whereas both are very different conceptions from one another, even though both originate from the agreement, namely the conception of default originating from an agreement which is born from an agreement and the conception of unlawful acts originating from an agreement born from a law.

19 Japan

2018 ◽  
Author(s):  
Wani Akihiro
Keyword(s):  
Civil Code ◽  
Applicable Law ◽  
Cross Border ◽  
The Law ◽  
Insolvency Proceedings ◽  
Financial Transactions

This chapter provides an overview of the law of set-off in Japan. The Japanese Civil Code classifies set-off (along with performance, release, novation, and merger) as a mechanism for extinguishing an obligation. Set-off is not categorised as a right, altough it possesses certain characteristics that would warrant treating it as a right. The chapter first considers set-off between solvent parties, focusing on statutory and contractual set-off as well as the procedures for the exercise of set-off between solvent parties, before discussing set-off against insolvent parties. It examines legislation relevant to set-off, set-off in relation to the principle of equality among creditors, set-off against attaching creditors and against assignees, triangular set-off, and close-out netting of specified financial transactions. The chapter concludes with an analysis of cross-border issues relating to applicable law on statutory set-off, contractual set-off, and set-off in insolvency proceedings.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 10 Angola and Mozambique: Angolan and Mozambican Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Dias Rui ◽  
Nordmeier Carl Friedrich
Keyword(s):  
International Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Private International Law ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
The Hague ◽  
The Law ◽  
Procedure Codes

This chapter explores Angolan and Mozambican perspectives on the Hague Principles. The rules of Angolan and Mozambican civil law, and with them private international law, currently in force correspond to the Portuguese rules as they stood in 1975. As to private international law, the 1966 Portuguese Civil Code (hereafter CC) contains a codification of this field of the law in Articles 15 to 65. Meanwhile, rules on international civil procedure are to be found in the Angolan and the Mozambican Civil Procedure Codes. They concern, inter alia, international jurisdiction and the enforcement of foreign judgments. Party autonomy is recognized as the principal connecting factor for contractual relationships (Art 41(1) CC). Nevertheless, the choice of law is not unlimited: it is necessary that either some of the elements of the contract having relevance in private international law are connected with the law chosen, or that the choice of the applicable law corresponds to a serious interest. It is clear from this backdrop that a set of rules, such as the Hague Principles, which present themselves as an embodiment of current best practices is well placed to help interpret, supplement, or develop the choice of law rules of the 1966 Civil Code.

TINJAUAN YURIDIS PRAKTEK PEMBUATAN AKTA NOTARIS DALAM HAL PENGHADAP MENGHADAP DALAM KURUN WAKTU DAN TEMPAT YANG BERBEDA

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 119
Author(s):  
Anny Mawartiningsih ◽  
Maryanto Maryanto
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Judicial Review ◽  
Limited Time ◽  
Mutual Trust ◽  
Literature Study ◽  
Applicable Law ◽  
The Law ◽  
Encounter Time ◽  
Made In

Research on "Judicial Review of the Practice of Notarial Deed Making in the Facing Facing in Different Time and Place" aims to know and analyze the provisions or rules in authentic deed making by Notary in accordance with the applicable Law, the practice of making the deed in the case of confronting facing in, different time and place, and the validity of deeds made in, respects in different times and places. The approach of this study is sociological jurisdiction and data collection through literature study, observation and interview. Data analysis is done qualitatively.The provisions or rules in the authentic deed making by a notary shall in essence comply with the provisions of Articles 1867 and 1868 of the Civil Code, that authentic deeds as written evidence in the form as prescribed by law shall be made by or in the presence of a notary publicly authorized to manufacture an authentic deed in the place where the deed is made. In the making of authentic deed by the notary, the legislation referred to is the Law of Position Notary (UUJN). This is in accordance with the provisions of Article 1 to 7 of Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position stating that the Notary Deed hereinafter referred to as Deed is an authentic deed made by or in the presence of Notary by form and procedures specified in the Law of Notary (UUJN). The practice of making the deed in the case of face-facing, different time and place occurs because of the reason for its practicality due to the limited time confrontation and / or the existence of the interest that can not be abandoned. In addition to the mutual trust of the parties so that hand over the aktanya management to other parties. The validity of a deed made in respect of faces facing different times and places is authenticated as an authentic deed as long as the deed is made in a notarial position and read and signed in the presence of the parties with at least two witnesses present, unless the parties wish the acts are not read out. If it is not met or the signing is done in different time and place then the deed has legal force as deed under the hand.Keywords: Notarial Deed, Encounter, Time and Place

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