scholarly journals Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang

2020 ◽  
Vol 3 (1) ◽  
pp. 48-68
Author(s):  
I Wayan Bandem ◽  
Wayan Wisadnya ◽  
Timoteus Mordan
Keyword(s):  
Secondary Data ◽  
Field Studies ◽  
Civil Code ◽  
Primary Data ◽  
Civil Case ◽  
Legal Relationship ◽  
Accounts Payable ◽  
Study Case ◽  
Legal Consequences

Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.

scholarly journals THE ROLE OF WEAVERS WOMAN IN STRENGTHENING NATIONALISM Case Study in Sajingan Besar Frontier, Indonesia

2019 ◽  
Vol 21 (1) ◽  
pp. 40
Author(s):  
Elyta Elyta ◽  
A Razak
Keyword(s):  
Natural Resources ◽  
Cultural Values ◽  
Role Model ◽  
Economic Value ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
Local Characteristics

Woven crafts made by women at the Sajingan Besar frontier, besides that it also has economic value, historical value, cultural values that show the identity of the population at the national boundary. The aims of the study were to describe the role of weavers’ women in strengthening nationalism, woven is a culture that is typical of the society in Sajingan Besar frontier, Sambas District. There are two data used in this paper, i.e primary data is field studies, and secondary data is literature studies. The result of research shown that there is an important role from weavers’ women in Sajingan Besar, namely: (1) Utilization of Natural Resources is to strengthen nationalism by utilizing the availability of natural resources in managing them into woven crafts which are a form of expansion of nationalism because woven crafts are a cultural heritage and has local characteristics of Sajingan Besar, (2) The Role of weavers’ women in Sajingan Besar is able to realize a harmonious life with the Malaysian community to strengthen nationalism has become a role model on the frontier whose territory is inhabited by a variety of different tribes, religions and cultures but unity is maintained. 

scholarly journals Juridical Deed Review Of The Cooperation Agreement To Build Handover (Build Operate And Transfer) Bot Between Government And Private Sector

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 469
Author(s):  
Desi Wulan Anggraini ◽  
Anis Mashdurohatun
Keyword(s):  
Private Sector ◽  
Judicial Review ◽  
Secondary Data ◽  
Civil Code ◽  
Primary Data ◽  
Legal Regulations ◽  
Cooperation Agreement ◽  
Legal Consequences ◽  
Tertiary Study ◽  
Made In

The purpose of this study was to: 1) To determine and analyze the Agreement in order to handover a build (Build Operate And Transfer) BOT between government with Private Sector. 2) To determine and analyze the Regulation No. 19 of 2016 there are no relevant provisions of the cooperation agreement made in the form of a notarial deed but in implementing cooperation agreements and there are other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) Deed in the agreement to transfer (Build Operate And Transfer / BOT) before the formation of Regulation No. 19 of 2016, has complied with the requirements valid agreement of Article 1320 of the Civil Code sehigga positions of the legislation. Notary deed in agreement wake up in order to transfer (Build Operate and Transfer) BOT after the entry into force of Regulation No. 19, 2016 a requirement valid agreement beyond the provisions of the Civil Code, and if it is not done then there will never been considered although qualify valid agreement of Article 1320 of the Civil Code. The legal consequences deed of cancellation of the parties shall make a certificate into a build to transfer (Build Operate Transfer / BOT) lose their authenticity, the cancellation of the agreement unilaterally because defaults are not eligible void Article 1266 of the Civil Code, can be regarded as an act against the law because it is not based on good faith and such cancellation shall be requested to the trial judge.Keywords: Judicial Review; Government Cooperation Agreement; Build Operate and Transfer And Deed.

scholarly journals Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari)

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 201
Author(s):  
Steffi Yesyer Palloan ◽  
Akhmad Khisni
Keyword(s):  
Alternative Dispute Resolution ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Lack Of Information ◽  
Legal Effect ◽  
The Cost

The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.

scholarly journals Akibat Hukum Perjanjian Jual Beli Hak Atas Tanah

2020 ◽  
Vol 1 (1) ◽  
pp. 112-117
Author(s):  
Made Erik Krismeina Legawantara ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Primary Data ◽  
Conceptual Approach ◽  
Legal Method ◽  
Absolute Requirement ◽  
Secondary Data Sources ◽  
Legal Consequences

Sale and purchase is usually done by an agreement or what is known as a sale and purchase agreement, based on customary law a sale and purchase agreement is a real agreement, meaning that the delivery of the goods agreed upon is an absolute requirement fulfilled for the existence of an agreement. This research aims to find out about the arrangement of the land purchase agreement and find out the legal consequences of the land purchase agreement if there is a default. The method used in this research is the normative legal method with the statutory approach (satute aproach) and the conceptual approach. There are two types of data used, namely Primary (Laws and Regulations) as primary data and secondary data (sources of literature, books and research journals). Data analyzed are presented in the form of descriptions. Research results show that the sale and purchase rights of land rights are regulated in article 1457. The Civil Code which determines that buying and selling is an agreement between the buyer and the seller in an agreement where the legal terms of the agreement must meet subjective and objective conditions, with the consequence that the agreement is not can be canceled unilaterally because it must be implemented in good faith. Then, due to the Default Law for the Parties In Canceling the Deed of Agreement on the Sale and Purchase of Land Rights, it is regulated in Article 1366 of the Civil Code which stipulates that everyone is responsible not only for losses caused by his actions, but also for losses caused by negligence or indifference careful. Article 1366 of the Civil Code explains the responsibility of someone who has done harm to another person / other party, either because of his own actions or due to negligence and carelessness that causes other parties to suffer losses from him.

scholarly journals Legal Consequences on PPAT Deed Not Made in Accordance with the Provisions Case Study of Court Decision No.137 / PID.B / 2016 / PN.PBR

2019 ◽  
Vol 6 (5) ◽  
pp. 225
Author(s):  
Mhd. Mora Kamis Nst ◽  
Elwi Danil ◽  
Beatrix Benni
Keyword(s):  
Legal Protection ◽  
Field Studies ◽  
Court Decision ◽  
Primary Data ◽  
Legal Certainty ◽  
Legal Implications ◽  
One Year ◽  
Work Done ◽  
Legal Consequences

The notary profession that can concurrently serve as a PPAT is one of the professions that has taken part in the process of law enforcement in Indonesia by providing certainty, order and legal protection in the community, especially in terms of the need for a binding evidence in addition to witness evidence, which is in the form of making authentic evidence. The notary profession is also required to be able to provide legal certainty to the parties, which means that anyone who holds the position of a notary must comply with statutory provisions, as well as PPAT in carrying out his position. But in reality what happens is that there is still a lot of work done by notaries or PPAT which ultimately has legal implications for the authority carried out by notaries or PPAT, so that the public, especially the parties involved in the deed, become confused in seeking legal certainty and in a manner indirectly can cause huge material losses to people who need justice. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the legal consequences of the deed made not in accordance with the provisions of the case study court decision no.137 / pid.b / 2016 / pn.pbr. The results of the study showed that 1) PPAT which was proven to have committed a crime of counterfeiting was responsible for his sentence with a prison sentence of 1 (one) Year 8 (eight) Months. 2) The legal consequences of the deed made are not in accordance with the provisions of the legislation because it contains elements of forgery, the deed is null and void by law and for the certificate of transfer of land rights issued with the deed as the basis, then with the court's decision the judge has stated that the certificate the legal defect and cancellation can be requested to the local Office of the Land Agency.

scholarly journals THE STRATEGY OF STUDENTS ENTREPRENEURING THROUGH RELIGIUS CULTURAL PROGRAMS

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Wahyu Nurdiana
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Religious Culture ◽  
Data Sources ◽  
Primary Data ◽  
Research Approach ◽  
Coaching Strategies ◽  
Study Case ◽  
Secondary Data Sources

This study aims to: 1) Know the strategy of moral coaching students in SMPN 3 Cikupa and SMP Al-Fattah Tigaraksa Tangerang. 2) To know the implementation of the moral guidance strategy of students through religious culture program at SMPN 3 Cikupa and SMP Al-Fattah Tigaraksa Tangerang. 3) Knowing what the supporting and inhibiting factors in the implementation of moral strategy of students through religious culture program in SMPN 3 Cikupa and SMP Al-Fattah Tigaraksa Tangerang. 4) Knowing the results of the implementation of moral coaching strategies through religious cultural programs to moral coaching students at SMPN 3 Cikupa and SMP Al-Fattah Tigaraksa Tangerang. The method used in this research is descriptive-qualitative with the form of field research approach (field research) or case study (case study). The data used are qualitative data. The data sources used consist of primary data sources and secondary data sources. The data collection is done by observation, interview, documentation and bibliography.

BUSINESS ENVIRONMENT EFFICIENCY AND COMPETTIIVENESS OF LOCALLY MANUFACTURED GOODS BY AUTOSTERILE EAST AFRICA, KENYA

2021 ◽  
pp. 12-21
Author(s):  
Margaret Kamau ◽  
Isabella Sile
Keyword(s):  
East Africa ◽  
Linear Regression Analysis ◽  
Secondary Data ◽  
Political Stability ◽  
Business Environment ◽  
Middle Level ◽  
Primary Data ◽  
Goods And Services ◽  
Manufactured Goods

Absrtact This study investigated the influence of business environment efficiency on competitiveness of locally manufactured goods by Autosterile East Africa, Kenya. This study used case study design. This study sampled 69 respondents, including 8 top level employees, 22 middle level employees and 39 lower level employees in Autosterile East Africa. Census sampling was used to select the respondents. Secondary data was obtained from the Autosterile East Africa publications that touches on determinants of competitiveness. Questionnaires used in the survey formed the primary data and was analyzed by use of Statistical Packages for Social Science version 23. Linear regression analysis was done to test the relationship between the independent and dependent variables. The study findings led to the conclusion that business environment efficiency have a positive relationship with competitiveness of locally manufactured goods. The findings revealed that business environment efficiency is significant determinant of competitiveness of locally manufactured goods. It was found out that the demand for goods and services and political stability influences competition of goods and services. The regulations dictate the competition among companies and supply of goods and services controls a firm's competitive advantage. Keywords: Business environment efficiency, competitiveness, Locally manufactured goods, Autosterile East Africa.

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.

Factors Affecting on Entrepreneurial Intention of University Students (Case Study on Wollo University)

2021 ◽  
Author(s):  
Abdu Kamil
Keyword(s):  
Environmental Factors ◽  
University Students ◽  
Family Background ◽  
Secondary Data ◽  
Entrepreneurial Intention ◽  
Primary Data ◽  
Personal Factors ◽  
Factors Affecting ◽  
College Of Business

Abstract Background: Entrepreneurship is essential in creating, fulfilling and forming a healthy economy. This study is conducted to investigate Factor Affecting on Entrepreneurial Intention: The case study on Wollo University Students. Some studies have been done in this area but only a few were conducted in Ethiopia. This research aims to address the gap that exists due to the weakness of previous studies to verify the factors that affect entrepreneurial intention and provide more clarification on the topic. Methods: For the purpose of this study explanatory research design was employed. The researcher used stratified random sampling to classify all participants into seven colleges and one school of law. From each stratum proportionally by using purposive sampling to select 226 respondents with graduate students from college of business and economics for the desire of the study. Both primary and secondary data were collected. Primary data were collected through structured questionnaire from 210 students. Secondary data were collected from previous studies and used as reference. Results: The correlation and regression analysis has been applied to see the relationship and how independent variables influence entrepreneurial intention. From the analyses it is confirmed that demographic factors have statistically insignificant effect on entrepreneurial intention, while personal factors, environmental factors and family background have a statistically significant effect on entrepreneurial intention. Conclusions: Based on the findings it is concluded that demographic factor does not affect entrepreneurial intention while personal factors, environmental factors and family background affect entrepreneurial intention.

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