scholarly journals WANPRESTASI PERJANJIAN RUMAH TOKO DI JALAN SIDOMULYO NOMOR 4 KECAMATAN NANGA PINOH KABUPATEN MELAWI

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Stefanus Ngebi
Keyword(s):  
Descriptive Analysis ◽  
Research Problem ◽  
Cooperative Work ◽  
Problem Analysis ◽  
Legal Research ◽  
Legal Problems ◽  
The Future ◽  
Rules Of The Game

In steering a cooperative-work or business affiliation in the field of lease a building, whereas for the case of this research is a house store, it is certainly every single business actor should create rules of the game as outlined in the form of an agreement between the parties covered in order to evade legal problems that occur in the future. The parties must construct an agreement used as a legal base which obeyed by the parties covered. The approach used in this research is a Sociological Juridical Method. The approach is defined as problem analysis through legal research of factual facts in institution concerned or toward the community which covered as problems handled in the research. This research is designed in form of descriptive analysis which identifies the whole systematic object of the research problem. Furthermore, if the agreement that have been agreed upon by the parties concerned are not properly applied, as a consequences one of the parties can prosecute for compensation due to carelessness or it may also clarify in legalterms one of the parties defaults on the lease agreements that have been mutually approved. As result, In the implementation of the rental agreement of rent a house store between a lessor and the lessee on Sido Mulyo avenue, Nanga Pinoh District, Melawi Regency, it is implemented properly with the phases accomplish by the parties as follows: arising fromnegotiationstosigningtheleaseagreement letter and it should be as responsibilities of the all parties in accomplishing it properly as decided on the the agrreement of rent a house store on the sidomulyo avenue, Nanga pinoh district, Melawi regency. Moreover, in each cancellation of the agreement, all the risk of the lease will be as a responsibility of the lessee if it is canceled. Thus, the agreement must be implemented in good trust on the rights and obligations attached for each party. It also the contents of the agreement must be regulated complete with presence of sanctions. If there is negligence in adhering to the contents of the agreement, a legal formal should provide an appropriate settlement. Along with it, the design of the contents of the agreement is accomplished in a meticulous and decisive. Thus, the responsibilities of the parties toward the rights and obligations of each party immediately accomplished.

Reconstruction of Life Imprisonment in Prison System in Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 499
Author(s):  
Boma Wira Gumilar ◽  
Gunarto Gunarto ◽  
Akhmad Khisni
Keyword(s):  
Justice System ◽  
Criminal Code ◽  
Prison System ◽  
Penal System ◽  
Legal Research ◽  
Life Imprisonment ◽  
The Public ◽  
Prison Life ◽  
The Future ◽  
Research Types

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.

Peculiarities of family roles distribution in the marrige subsystem

2020 ◽  
Vol 3 (152) ◽  
pp. 57-64
Author(s):  
O. O. Oliinyk ◽  
Keyword(s):  
Research Methods ◽  
Scientific Information ◽  
Married Couples ◽  
Research Problem ◽  
Psychological Climate ◽  
Theoretical Research ◽  
Problem Analysis ◽  
Family Roles ◽  
Marital Relations ◽  
The Family

Changing the system of family values, views of the society on the significance and functioning of the family institution contribute to the transformation of marital role relationships in modern families. The already formed model of role interaction, the ability of spouses to define and clearly distribute family roles and to treat them responsibly is the important factors in building constructive marital relations and creating a favorable psychological climate in the family. Objective. The research deals with the analysis of the essence of the “family role” concept and the classification of family roles; experimental definition and analysis of the main types of family roles in marital relations. Methods. Theoretical research methods were used to solve the research problem: analysis of scientific psychological literature, generalization method, systematization of scientific information. To solve the second part of the set objective, the empirical research methods were used, such as: conversation, psychodiagnostic method “Distribution of roles in the family” by Yu.Ye. Alioshyna, L.Ya. Hofman, O.M. Dubrovska, and also the method of processing and quantitative and qualitative interpretation of results. The research was conducted during September-October 2020. The study involved 11 married couples (husband and wife) with different marital experience of 22 people aged 25 to 47 years (Kyiv). All the couples have children aged 1 to 20 years. The results of an empirical study of the peculiarities of family roles distribution showed that the roles of entertainment organizer (63.64 %), master (mistress), (72.73 % and 63.64 %), the family subculture organizer (54, 55 % and 45.45 %) women and men share almost equally; the roles of educator and “psychotherapist” is more typical for women (90.91 % and 81.82 %); The role of sexual partner and the partner responsible for material support is more often performed by men (90.91 % and 72.73 %). The prospects for further research are seen in the study of role interaction in the parental families of adolescents and young people as a prerequisite for their future family roles.

Review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood”

2021 ◽  
pp. 182
Author(s):  
Lyudmila Yu. Grudtsyna
Keyword(s):  
Russian Empire ◽  
The State ◽  
Legal Research ◽  
Legal Traditions ◽  
Legal Problems ◽  
Scientific Schools ◽  
Legal Science ◽  
The Russian Empire ◽  
Further Development

The review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood", dedicated to the 300th anniversary of the proclamation of the Russian Empire, is given. One of the main tasks of the event was to bring together representatives of science from different states, different scientific schools and directions to solve topical historical and legal problems of the state and law. Following the results of the congress, a declaration was adopted, in which the importance of continuing legal research of domestic state-legal traditions was noted, the main directions for the further development of historical and legal science were outlined.

scholarly journals Paradigma dalam Penelitian Hukum

2018 ◽  
Vol 20 (2) ◽  
pp. 255-272
Author(s):  
Sulaiman Sulaiman
Keyword(s):  
Research Paradigm ◽  
Legal Research ◽  
Legal Problems

Penelitian ini ingin menguraikan penggunaan paradigma dalam penelitian hukum. Konteks penelitian hukum yang dimaksudkan di sini adalah dengan menggunakan pendekatan ilmu lain. Penelitian ini berangkat dari pemahaman bahwa basis penelitian hukum itu selalu berkembang. Atas dasar itulah, orientasi pada diskursus teori dan konsep sangat penting dilakukan. Dalam hal ini, hukum berada dalam konsep sebagaimana pemaknaan oleh para subjek dalam interaksi mereka. Ada debat mengenai apakah penggunaan ilmu lain dalam penelitian hukum dibenarkan atau tidak. Sebagian sarjana beranggapan penggunaan pendekatan ilmu lain dalam menyelesaikan masalah hukum, tidak masalah, dengan catatan digunakan sebagai ilmu bantu. Sebagian sarjana menganggap berbagai ilmu bantu dalam penelitian tidak bisa digunakan dalam penelitian ilmu hukum. Legal Research Paradigm This study wants to elaborate the used of paradigm in legal reseach. The context of legal reseach intended in this study means using another science approachs. The reseach argue that the legal research still developing itself. So, the orientation of theory discourse and concept is very important. Law is a concept that interpreted  by persons during their interaction. There is a debate whether the use of other knowledge in legal research is justified or not. Some scholars assume that the use of other science approaches in solving legal problems is not a problem, with note that it is used as auxilliary science. However, other scholars assume that various auxilliary science in research can not be used in legal research.

scholarly journals Penerapan Asas Piercing The Corporate Veil: Perspektif Tanggung Jawab Direksi Perseroan Terbatas

2018 ◽  
Vol 1 (1) ◽  
pp. 45
Author(s):  
Putri Sari Harahap ◽  
Tumanggor Tumanggor
Keyword(s):  
Board Of Directors ◽  
Common Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Legal Research ◽  
The Board Of Directors ◽  
Piercing The Corporate Veil ◽  
The Veil

<p>Piercing The Corporate Veil principle is a common law doctrine that teaches about the veil special breakout company (corporate veil) covering the Board of Directors and other organs in running the company does not fit or have violated the principle of fiduciary duty (good faith) to the intent and purpose of the company.This type of research in this thesis is a normative legal research means tend to use secondary data in the form of primary legal materials, secondary law and tertiary  legal materials. To collect the data in this research is a stud y done by the descriptive analysis. The resulted in losses for both the company and third parties, First Defendant's actions can be categorized  as a tort (onrechtmatige daad) under Article 1365 of the Civil Code. In the verdict the judge in his ruling has been applying the principle of piercing the corporate veil but does not necessarily resolve the matter of debts between the Compa- ny (Plaintiff) with rights holders of promissory notes "mayofield notes" or the Board of Directors (Defendant 1) with the holders of promissory notes " mayofield note.</p><p>Keywords: Piercing the corporate veil, directors fiduciary duty</p>

scholarly journals Akibat Hukum terhadap Penggunaan Air Bawah Tanah tanpa Izin

2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Soil Surface ◽  
Underground Water ◽  
Legal Research ◽  
Groundwater Exploitation ◽  
Secondary Sources ◽  
The Government ◽  
Legal Consequences

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).

scholarly journals Fungsi Partai Politik dalam Pendidikan Politik Masyarakat

2020 ◽  
Vol 1 (1) ◽  
pp. 164-169
Author(s):  
I Gede Wijaya Kusuma ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Political Parties ◽  
Public Participation ◽  
Descriptive Analysis ◽  
Political Education ◽  
Legal Research ◽  
The Public ◽  
Secondary Sources ◽  
General Elections ◽  
Political Conditions ◽  
Low Levels

One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare. people. The implication of political parties that do not carry out public political education is to cause a decrease in public participation in general elections and this will also lead to apparently unhealthy political conditions and allow high abstention due to low levels of public participation.

scholarly journals The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 177
Author(s):  
Ria Setyawati ◽  
Mas Rahmah ◽  
Rahmi Jened ◽  
Nurul Barizah ◽  
Agung Sujatmiko
Keyword(s):  
Legal Protection ◽  
Problem Formulation ◽  
International Level ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Problems ◽  
The Times ◽  
Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

scholarly journals Institutionalization of the Approval Principle of Majority Creditors for Bankruptcy Decisions in Bankruptcy Act Reform Efforts

2020 ◽  
Vol 1 (2) ◽  
pp. 104
Author(s):  
Rian Saputra ◽  
Resti Dian Luthviati
Keyword(s):  
Bankruptcy Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Future

This study aims to determine the urgency of institutionalizing the principle of bankruptcy decisions that must be approved by the majority creditors with a test stone in the form of a bankruptcy decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst then also to analyze the opportunities for institutionalizing the principle. mentioned in Indonesian law. This research is a normative legal research with an approach in the form of a conceptual approach, and a statute approach and a case approach. The results show that the urgency of applying the principle of "Approval of Bankruptcy Decisions Must be approved by Majority Creditors" in Indonesia is based on the Bankruptcy Decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst, in addition to following the development of global bankruptcy law. , also in order to provide justice to fellow creditors so that no creditor feels aggrieved in any future bankruptcy decisions. The principle itself requires that each bankruptcy decision be approved by at least 50% of the majority of creditors according to the number of claims (receivables), not the majority according to the number of people. Even though, the application for a bankruptcy statement was made by the Debtor himself, the bankruptcy decision should not have been taken by the court without the approval of the creditors or the majority of creditors. Also, the opportunity to apply this principle in Indonesia is very possible considering that the principle is in accordance with the character of the nation which clearly makes consensus &amp; deliberation as an alternative in every problem that exists within the Indonesian nation, it is not wrong if this is also applied in the concept of the Bankruptcy Law in the future (das sein).

scholarly journals Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016

2021 ◽  
Vol 2 (2) ◽  
pp. 296-302
Author(s):  
Erlin Kusnia Dewi ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Scientific Article ◽  
Literature Study ◽  
Legal Research ◽  
Online Transactions ◽  
Criminal Sanctions ◽  
Research Problems ◽  
Social Gathering ◽  
Legal Subjects

The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.

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