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Published By University Of Kanjuruhan Malang

2527-6654, 2528-1992

2021 ◽  
Vol 6 (1) ◽  
pp. 68-74
Author(s):  
Dimas Tragari Eldo Widodo ◽  
Anindya Bidasari ◽  
Suciati Suciati

The background of this research is that the determination of Customs collection on Liquid Personal Vaporizer can be concluded that the government has found an answer to the debate that has been happening in Indonesia regarding the prohibition of Personal Vaporizer. As for the formulation of the problem in this research is How the Implementation of “Law No. 39 of 2007” concerning Customs for other tobacco processing products in the form of Liquid Personal Vaporizer, How is the solution or legal remedy in the process of implementing Customs on other tobacco processed products in the form of Liquid Personal Vaporizer which is not equipped with Customs stamps. The type of research in this research is sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. While the dataVanalysis technique uses a qualitative descriptive method. The conclusion obtained by the researchers from the results of this research is that although most of them are regulated by ministerial regulations, the application of Customs for HPTL products in the form of Liquid Personal Vaporizers is still based on Law No.39 of 2007 concerning Customs for all regulations related to the application of Customs. And also the legal settlement for Liquid Personal vaporizer that is not equipped with Customs stamps in the Malang Customs Customs KPPBC area using non-penal channels for the settlement.


2021 ◽  
Vol 6 (1) ◽  
pp. 61-67
Author(s):  
Siti Nur Amilatul ◽  
Suciati Suciati ◽  
Ririen Indria Dian Ambarsari

This study want to identify and analyze directly the implementation of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 regarding the Fiduciary Guarantee Execution and to find out how the default settlement procedure in credit agreements in cooperatives with Fiduciary Guarantee and the obstacles faced in the process of executing fiduciary guarantees. This research is the result of field research field research, the formulation of the problem examined is how the fiduciary guarantee execution mechanism in the Constitutional Court decision No.18 / PUU-XVII / 2019 and how the implementation of fiduciary guarantee execution after the MK decision No.18 / PUU-XVII / 2019 at the Wahidiyah Ta'awun Union Kepanjen. Before the issuance of the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019, the execution of guarantees for debtors who have defaulted is regulated under Articles 29 to Article 34 of Law Number 42 of 1999 concerning the Execution of Fiduciary Collateral. After the Constitutional Court Decision, the execution of fiduciary guarantees is carried out by negotiation and mutual agreement of the default, if there is no agreement between the Debtor and the Cooperative Management, then the applicable legal procedure must be carried out, namely a civil lawsuit in court.  


2021 ◽  
Vol 6 (1) ◽  
pp. 49-60
Author(s):  
Pitriya Nur Habibah ◽  
Devi Siti Hamzah

The Financial Services Authority (OJK) is an independent institution that is free from interference from other parties or institutions. This institution has the functions, duties, and authorities of regulation, supervision, examination, and investigation. OJK was established under Law No. 21 of 2011 with the function of implementing an integrated regulatory and supervisory system for the entire financial services sector. The establishment of OJK with the need to restructure the institutions that carry out regulatory and supervisory functions in the financial services sector. The supervisory system carried out by the OJK is an integrated supervision system, meaning that all financial service activities carried out by various financial institutions are subject to the OJK regulatory and supervisory system. Alternative Dispute Resolution Institutions (LAPS) in the Financial Services Sector number 1/POJK.07/2014 which regulates Alternative Dispute Resolution Institutions in the Financial Services Sector. Dispute resolution must be carried out at the LJK in the OJK Regulation concerning Consumer Protection in the Financial Services Sector, which stipulates that each LJK must have a work unit and/or function as well as a service mechanism and settlement of complaints for consumers. If the dispute resolution at the LJK does not reach an agreement, the consumer can settle the dispute out of court or through the court. Out of court dispute resolution is carried out through the Alternative Dispute Resolution Institution (LAPS). 


2021 ◽  
Vol 6 (1) ◽  
pp. 40-48
Author(s):  
Roni Saepul Rohman ◽  
Taun Taun

Husbands have absolute rights and obligations in building a household. Vice versa, a wife has the same absolute rights and obligations in managing the household. There are still husbands or wifes who are negligent in carrying out their obligations and even do not carry them out. The Method used in this research is the normative legal research method,which is a study that examines a document, namely various secondary data such as statutory regulations, legal theory, court decisions and legal scholar opinions. The case that often occurs is neglect by husbands against theirs own wifes. There are many factors that cause a husband to abandon his wife and even his own family. However, a wife has the right to sue the husband in court by filing a claim for livelihood, which is a legal remedy that the wife can take to get justice.


2021 ◽  
Vol 6 (1) ◽  
pp. 32-39
Author(s):  
Putri Azzahra Maghfiroh

The Baduy tribe is located closest to the capital city of the country. This is special to describe, how Baduy maintains its customs and customary laws in the midst of the influence of technological advances and the development of positive Indonesian law which is especially due to its geographical location not far from the metropolitan city, namely Jakarta and its surroundings. Then the purpose of this study also wants to reveal how Baduy customary law regulations and hierarchy according to applicable laws. Baduy is an ethnic indigenous people who still live in Indonesia. The hierarchy or order of laws and regulations in Indonesia refers to the recognition and respect given by the state in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which is not sufficient to protect the rights of the Baduy customary law community plus the weakness of Perda No.32 of 2001 which discuss the customary rights of the Baduy customary community only. The clash of Baduy traditional interests with the government system has made Baduy weaker in terms of representation. The government must immediately draft a law related to the protection of Baduy customary rights and or create a representation mechanism for indigenous peoples.


2021 ◽  
Vol 6 (1) ◽  
pp. 24-31
Author(s):  
Monica Gloria

The times in the economic sector in fact encourage a country to try to provide regulations in accordance with global demands. One of them is done by Indonesia by using the Omnibus Law system, then regulating a new legal entity, namely an Individual Company. The application of this legal entity aims to encourage Micro and Small Businesses to be more developed, so that by turning them into legal entities, business owners will find it easier to get investment from banks and manage the company more regularly. However, in the event that the individual company bankruptcy application has not been regulated in the Cipta Kerja act or its implementing regulations, the purpose of this study is to see how the bankruptcy process of an Individual Company in Indonesia, using the normative juridical method, which looks at statue approach and conseptual approach.


2021 ◽  
Vol 6 (1) ◽  
pp. 1-10
Author(s):  
Agustine Azizah

The purpose of this study for reviewed the dispute resolution between the finance company and the consumer decided by BPSK in the case of Supreme Court Decision Number 210 K/Pdt.Sus-BPSK/2015 and examine the consideration of the Supreme Court Judge stating that BPSK is not authorized to decide case in between consumer financing companies.This research is normative descriptive who use secondary data and collecting data use literature study. Data analysis use interactive model.The result of the research indicates that the Supreme Court Decision Number 210 K/Pdt.Sus- BPSK/2015 in the case of special dispute on consumer dispute between First Indo American Leasing Branch Bandung ("First Indo Finance") with BPSK Bandung and Neva Rahmansyah, SE stated that The Supreme Court rejected the appeal from the First Appeal Applicant of PT First Indo American Leasing Bandung ("First Indo Finance") and amended the decision of Bandung District Court Number 461/Pdt.G/2014/PN Bdg. dated December 24, 2014 so that it is clear that the Supreme Court accepted the exception of the petitioners and stated that BPSK is not authorized to examine and adjudicate the case and to punish the Cassation Applicant Applicant to pay the court fee in the appeal level stipulated at Rp 500,000 (five hundred thousand rupiahs). Consideration of the Supreme Court Judge stating that BPSK is not authorized to  decide the case in the case between the finance company and the consumer because the legal relationship between the Plaintiff and the Defendant constitutes a joint financing agreement with the fiduciary transfer of property, which implements civil law relationships and does not include consumer disputes as provided in the Act Number 8 Year 1999 on Consumer Protection so that the dispute arising from the implementation of the consumer financing agreement is a dispute agreement which is the authority of the District Court.  


2021 ◽  
Vol 6 (1) ◽  
pp. 11-23
Author(s):  
Indra Hidayat ◽  
Devi Siti Hamzah Marpaung
Keyword(s):  

The outbreak of covid-19 causes a variety of problems in the community, where this outbreak also has a bad impact on the economic sector both central and regional where this affects the payment of taxes for taxpayers in Indonesia. Because of the many sectors affected by this outbreak that affect the sources of income of businesses are no exception for businesses nightlife venues, because of this outbreak and the enforcement of restrictions on hours and also the policy of psbb the night entertainment businesses get a pretty bad impact where they have to pay the salaries of their employees they are also harmed because they have to accept that their turnover decreased during the outbreak this hit Indonesia so that because the application of taxes from the huburan is quite high, so they will be quite burdened with the dependents they have by having to pay taxes. Thus things such as delayed payment of taxes are inevitable. With the explanation of these things, this study will explain how responsibility for businesses as a result of the delayed payment of entertainment tax.


2020 ◽  
Vol 5 (1) ◽  
pp. 77-92
Author(s):  
Hariyanto Sofyan Benyal

After the reformation a change has occurs, a significant one, especially in the state administration as seen in the amendment, the 1945 constitution amendment, strengthening on the legislature in order to lift the power of checks and balances among the institutions, government agencies. On the third amendments in 2001 new institution, an institution of legislation appears in the Regional Representative Board (DPD to be the regional representation and later become a second chamber (bicameral) parliament which believed has made the legislation tasks such as, budgeting, and monitoring implemented optimally. But in reality, the duties and powers of the second chamber is still very limited compared to the first chamber which is the DPR, hence the transformation effort to ius consitutendum, the desirous law, appeared in strengthening the DPD constitutionally through MPR with Pancasila as the foundation. The method used is a normative juridical, by referring to the laws and principles exist. The analysis used in this research is descriptive qualitative analysis. The results shows that there is an inequality authorization in the, DPR and DPD, parliament. It gives a signal that the system we have adopted is a soft bicameral. By constant check and balance with Pancasila as the foundation DPD should be strengthen.


2020 ◽  
Vol 5 (1) ◽  
pp. 63-76
Author(s):  
Fajar Kurniawan

Abstract : This research was conducted to find out the problem of formation a bill that regulate employment with the concept of the Omnibus Law which was rejected by workers in the labor cluster that regulates about severance pay given to dismissed workers. This study uses a statue approach, conceptual approach, and case approach to make it easier to understanding the problem in that field. The results of the study was found that the amendment to the severance provisions in article 156 of Law with number 13 of years 2003 concerning the employment bill in Article 89, absolutely did not provide a solution of the occured problems so far. With these changes narrowed the labor rights and widen employers to exploit labor for his self profit . Therefore the Government and the Parlement should give a better solution to give welfare and certainty to workers and employers in the Employment Cluster Work Bill in Article 89 number 45 so that it can provide a good impact on the country. Keyword: Omnibus Law, Regulation, Severance


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