scholarly journals Perlindungan Hukum Terhadap Hak-Hak Karyawan Tetap Dalam Hal Terjadi Pemutusan Hubungan Kerja (PHK) Menurut Undang-Undang Nomor 13 Tahun 2003

2020 ◽  
Vol 2 (1) ◽  
pp. 43-51
Author(s):  
I Nyoman Suandika
Keyword(s):  
Secondary Data ◽  
Work Relationships ◽  
Criminal Case ◽  
Severance Pay ◽  
Library Material ◽  
Legal Effect ◽  
Work Relationship ◽  
Permanent Employees ◽  
Legal Consequences

In a work relationship such as other legal relationships it does not always run smoothly,because the wishes of one party (generally workers) cannot always be fulfilled by otherparties (employers), so that this will cause problems in work relationships such astermination of employment (layoffs) ) the formulation of the problem in this study are: 1.What factors cause the termination of employment (FLE) to permanent employees. 2.What is the legal effect if there is a termination of employment (FLE) against permanentemployees according to Law Number 13 of 2003. This study uses a type of normativeresearch, namely research by examining library material or secondary data. Factors thatcaused employers to lay off workers / laborers according to Law No. 13 of 2003 are: a)violations of work agreements, company regulations, and collective labor agreements. b) Violations or serious mistakes. c) Employees are detained by the authorities. d) Due tochanges in company status. e) because the company is closed. e) Because workers arecaught in a criminal case. f) Because the company is closed. g) bankrupt company. h)Workers are absent from their jobs. The legal consequences of termination of employmentwith workers / laborers according to Law No.13 / 2003 in Article 156 paragraph (1) areto give obligations to employers to provide; a) Severance pay, b. Working period awardmoney (service fees). C. Reimbursement of rights. D. Separate money.

scholarly journals Due Position to Legal Documents under the Hand in Notary Legalization

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 805
Author(s):  
Nur Amanah Amanah ◽  
Achmad Sulchan ◽  
Jawade Hafidz
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Criminal Offense ◽  
Strength Of Evidence ◽  
Legal Documents ◽  
Legal Effect ◽  
Legal Consequences

The purpose of this study was to investigate and analyze: 1) the position of the deed under hand on legalization by notary and 2) Due to legal documents under the hand that has been in Legalization by Notary. Based on the wording of Article 15 paragraph (2) a and b of Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary, the Notary in carrying out his authority to conduct the legalization of the deed under the hand. The method used in this study is a socio-juridical. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary legal materials as well as materials law tertiary literature. Data were then analyzed qualitatively.Based on the analysis, it can be seen that: 1). Position deed under the hand that was authorized by the Notary: when both parties recognize and explain correctly what is in deed under the hand, then the deed under the hand of a criminal offense and be perfect evidence as authentic deed. 2). The legal consequences deed under the hand which has been legalized by Notary: deed under hand on legalization by notary is not a legal effect of evidence which was perfect because they can be disputed later in court, and if the parties deny the strength of evidence in the hands of the judge's decision.Keywords: Deed Under Hand; Notary; Legalization.

scholarly journals Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 251
Author(s):  
Mochamad Rizqi Sismanto ◽  
Aryani Witasari
Keyword(s):  
Standard Procedure ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Effect ◽  
Standard Operating ◽  
Operational Management ◽  
Title Deed ◽  
Qualitative Descriptive ◽  
Legal Consequences ◽  
Tertiary Study

The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah  is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.

scholarly journals Perlindungan Hukum Bagi Pembeli Yang Beritikad Baik Terhadap Akta Jual Beli Hak Atas Tanah Yang Tidak Sesuai Dengan Tata Cara Pembuatannya

2020 ◽  
Vol 3 (2) ◽  
pp. 1-19
Author(s):  
I Nyoman Suryana
Keyword(s):  
Human Life ◽  
Secondary Data ◽  
Land Rights ◽  
Land Administration ◽  
Library Research ◽  
Land Disputes ◽  
Legal Effect ◽  
Data Source ◽  
Legal Consequences ◽  
Orderly System

The growing of importance meaning of the land to human life today may causes increase of the potential for conflicts or land disputes, to prevent or at least to reduce the potential for conflict or dispute are required legal and orderly system of land administration. Therefore isrequired to transfer land rights to be registered must be proven by deed of PPAT. As authentic documents PPAT deed must meet procedures for making the deed of PPAT as determined by the laws and other rules. Making the deed that is incompatible with how making PPAT deed may pose a risk to the certainty of land rights arising or recorded on the basis of such deed. Based on this background the authors give the title of this thesis, The Legal Consequences of Making the Deed of Sale and Purchase of Land That is Incompatible With PPAT Deed Making Procedures. The aim of this study is to determine the forms, causes and legal consequences of making the deed of sale and purchase of land not in accordance with the procedure making the deed of PPAT. Precriptive specification research in juridical normative law method is used.   The data source that is used are primary and secondary data. The data is collected by analyzing  law expert theories and also library research that are related.The method of juridical approach used is empirical research with prescriptive specifications and data sources used are primary andsecondary data. Collecting data is done by doing library research and field study and then after the data were analyzed conclusion is by using the method of inductive thinking.Based on this research found that, the legal effect of making the deed of sale and purchase of land not in accordance with procedures for making the deed of PPAT is: PPAT can be dishonorably discharged, PPAT deed degraded the strength of proof becomes deed under hand and third parties may utilize it to its interests

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

scholarly journals Performance, Stress, and Attitudinal Outcomes of Perceptions of Others’ Entitlement Behavior: Supervisor–Subordinate Work Relationship Quality as Moderator in Two Samples

2017 ◽  
Vol 43 (1) ◽  
pp. 101-137 ◽  
Author(s):  
Kaylee J. Hackney ◽  
Liam P. Maher ◽  
Shanna R. Daniels ◽  
Wayne A. Hochwarter ◽  
Gerald R. Ferris
Keyword(s):  
Relationship Quality ◽  
Social Exchange ◽  
Work Relationships ◽  
Citizenship Behavior ◽  
Job Tension ◽  
The Social ◽  
Two Samples ◽  
Member Exchange ◽  
Work Relationship ◽  
Future Work

Supervisor–subordinate work relationships are based on a series of potentially fluctuating resource allocation episodes. Building on this reality, we hypothesized in the present research that supervisor–subordinate work relationship quality will neutralize the negative attitudinal and behavioral strain effects associated with perceptions of others’ entitlement behavior. We draw upon the transactional theory of stress, and the social exchange and support features of leader–member exchange theory, to explain our expected neutralizing effects on job tension, job satisfaction, and contextual performance/citizenship behavior. Results supported study hypotheses in Sample 1. Findings were replicated in Sample 2 and extended by also demonstrating the interaction effect on task performance. Contributions to theory and research, strengths and limitations, directions for future work, and practical implications are discussed.

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals Tinjauan Yuridis Ketentuan Uang Muka di Bawah Ketentuan Peraturan Menteri Keuangan dan Otoritas Jasa Keuangan

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Ardrian Yolanda ◽  
Ali Hanafiyah
Keyword(s):  
Law Enforcement ◽  
Financial Services ◽  
Secondary Data ◽  
Motor Vehicles ◽  
Basic Material ◽  
Applicable Law ◽  
Advance Payment ◽  
Business Financing ◽  
Legal Consequences ◽  
Laws And Regulations

The thesis aims to determine the application of advances in the provisions of the prevailing laws and regulations. And how the legal consequences for violations of the provisions stipulated by regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies, and regulation of the Financial Services Authority No. 35/POJK. 05/2018 on the implementation of business financing company. The type of research used in this study is normative juridical law research conducted by examining the library material or secondary data as the basic material to be examined by conducting a search of the rules and literature relating to the investigated issues. The result of this thesis study shows that regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies and regulations of the Financial Services Authority No. 35/POJK. 05/2018 concerning the implementation of the financing company is not contrary to the prevailing laws and regulations. However, the regulations have not been implemented optimally in the field, because there are still many violations regarding the promotion of low DP in dealers who have been in cooperation with leasing. In regulation of the Minister of Finance shall apply a 20% advance payment and in regulation of the Financial Services Authority at least 10%. But there are still some leasing that violates the provisions far from the prevailing provisions. The consequences of applicable law in the form of warnings, suspension of business activities, and revocation of business licenses. But because there is no firm supervision in the field make dealers/leasing often commit violations, causing uncertainty in law enforcement.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

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