Pub Date : 2023-05-07DOI: 10.37680/almanhaj.v5i1.2588
Muhammad Fashihuddin, Fadil Sj, A. Izzuddin
The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i
《伊斯兰教法汇编》是法官小组在宗教法庭审理案件时的物质依据。然而，KHI的实质性内容仍有待审查。其中之一是《公法》第80条第(5)款中关于丈夫赡养妻子义务事由的完全赡养问题。这句话所包含的含义被归类为抽象，从而产生了法官的各种解释，即使在本质上处理的案件往往是相同的。因此，本研究旨在确定完善塔姆金的实质性弱点，重构其意义，并从阿卜杜拉·本·巴耶的马卡西德视角对其进行回顾。采用以KHI为主要法律资料的规范定性方法。采用文献法收集数据的方法。这项研究的结果是:(1)在第80条第(5)款中，KHI发现必须解决的实质性弱点，即:a)不完全通过fiqh的意见;B)文章的实质，导致一般意义的适用性;c)法官的解释各不相同，造成了对自然含义的混淆。(2)在重构文章的过程中，需要在福卡哈的解释和法官之间进行阐述。为了找到一个公式，关于完美婚姻的定义，它的指标，以及妻子谋生的条件。在maqasid审查中，发现用于确定tamkin的方法是sukut al-syari'，它属于al-wasilah ila al-maqsad al-tabi'i
{"title":"Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah","authors":"Muhammad Fashihuddin, Fadil Sj, A. Izzuddin","doi":"10.37680/almanhaj.v5i1.2588","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2588","url":null,"abstract":"The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77015976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-07DOI: 10.37680/almanhaj.v5i1.2643
Cindy Mutiara Purwanti, Zulham Zulham
This research discusses how the law protects business actors from consumers who do not have good faith in carrying out their obligations in paying installments. So, this study aims to analyze, prove, and find value on the principle of default committed by consumers in cases between PT. SINARMAS MULTIFINANCE MEDAN BRANCH with its debtors in decision No. 688/Pdt.Sus-Bpsk/2018/PN Medan. Based on the objectives to be achieved, this study uses a normative juridical method using references from various books, journals, legislation, and other supporting literacy. The results of this study reveal that the agreement given by the consumer finance party regarding the rights and obligations imposed on the debtor is to pay instalments, if this obligation is not fulfilled then a subpoena can be given. If it is not fulfilled, then the goods that are used as objects can be withdrawn, as a result the debtor can lose the right to the goods, and the consumer finance party can terminate the agreement unilaterally. Finally, this study concludes that there has been an act of default by the debtor to the creditor. Furthermore, he found that the form of protection for consumer finance for motorized vehicles for consumer default, namely the agreement of substitution power for unit acquisition and the sale of fiduciary guarantees.
本研究讨论了法律如何保护商业行为者免受消费者在支付分期付款时不履行其义务的影响。因此，本研究旨在分析，证明，并找到价值的消费者违约原则，在PT. SINARMAS MULTIFINANCE MEDAN BRANCH与第688/Pdt号决定债务人之间的案例。Sus-Bpsk / 2018 / PN棉兰。基于要实现的目标，本研究采用了规范的法律方法，参考了各种书籍、期刊、立法和其他支持性素养。本研究的结果表明，消费金融方就债务人的权利和义务所给予的协议是分期付款，如果这一义务没有履行，则可以给予传票。如果没有履行，那么作为标的的商品可以被收回，从而导致债务人失去对该商品的权利，消费金融方可以单方面解除协议。最后，本研究得出结论，存在债务人对债权人的违约行为。此外，他发现消费者金融对机动车消费者违约的保护形式，即单位收购替代权协议和信义担保的出售。
{"title":"Perlindungan terhadap Lembaga Consumer Finance atas Wanprestasi yang Dilakukan oleh Konsumen","authors":"Cindy Mutiara Purwanti, Zulham Zulham","doi":"10.37680/almanhaj.v5i1.2643","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2643","url":null,"abstract":"This research discusses how the law protects business actors from consumers who do not have good faith in carrying out their obligations in paying installments. So, this study aims to analyze, prove, and find value on the principle of default committed by consumers in cases between PT. SINARMAS MULTIFINANCE MEDAN BRANCH with its debtors in decision No. 688/Pdt.Sus-Bpsk/2018/PN Medan. Based on the objectives to be achieved, this study uses a normative juridical method using references from various books, journals, legislation, and other supporting literacy. The results of this study reveal that the agreement given by the consumer finance party regarding the rights and obligations imposed on the debtor is to pay instalments, if this obligation is not fulfilled then a subpoena can be given. If it is not fulfilled, then the goods that are used as objects can be withdrawn, as a result the debtor can lose the right to the goods, and the consumer finance party can terminate the agreement unilaterally. Finally, this study concludes that there has been an act of default by the debtor to the creditor. Furthermore, he found that the form of protection for consumer finance for motorized vehicles for consumer default, namely the agreement of substitution power for unit acquisition and the sale of fiduciary guarantees.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85402132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Parliamentary threshold or parliamentary threshold is a threshold requirement for the acquisition of votes by political parties participating in the general election which aims to be able to send representatives to parliament. The existence of a parliamentary threshold is expected to provide a change to be able to accommodate all groups, but for political parties that have not been able to meet the requirements related to the parliamentary threshold, political matters for their legislative candidates will be eliminated. So this gives the impression that democracy in Indonesia has not been realized as it should be because people's sovereignty is determined by whether democracy is functioning or not. This research uses normative method. This study aims to describe how the systematic violation of people's sovereignty in the parliamentary threshold in elections in Indonesia. The results of this study are (1) People's sovereignty is the main source related to the power possessed by the state, but in this case the parliamentary threshold which is considered to be able to provide a change to be able to accommodate all groups is precisely the opposite of the concept of people's sovereignty and deprives human rights. human beings in terms of association or politics where in a democratic country the sovereignty of the people is an important element in it.
{"title":"Pelanggaran Hak Kedaulatan bagi Rakyat Secara Sistematis dalam Parliamentary Threshold pada Pemilu di Indonesia","authors":"Vanesa Ingka Putri, Vira Ayuningtyas, Yurike Siti Mariyam, Lubabah Shobrina Syahida","doi":"10.37680/almanhaj.v5i1.2674","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2674","url":null,"abstract":"Parliamentary threshold or parliamentary threshold is a threshold requirement for the acquisition of votes by political parties participating in the general election which aims to be able to send representatives to parliament. The existence of a parliamentary threshold is expected to provide a change to be able to accommodate all groups, but for political parties that have not been able to meet the requirements related to the parliamentary threshold, political matters for their legislative candidates will be eliminated. So this gives the impression that democracy in Indonesia has not been realized as it should be because people's sovereignty is determined by whether democracy is functioning or not. This research uses normative method. This study aims to describe how the systematic violation of people's sovereignty in the parliamentary threshold in elections in Indonesia. The results of this study are (1) People's sovereignty is the main source related to the power possessed by the state, but in this case the parliamentary threshold which is considered to be able to provide a change to be able to accommodate all groups is precisely the opposite of the concept of people's sovereignty and deprives human rights. human beings in terms of association or politics where in a democratic country the sovereignty of the people is an important element in it.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90501816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-07DOI: 10.37680/almanhaj.v5i1.2592
Dicky Fachrozy, B. Panjaitan
The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.
{"title":"Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi","authors":"Dicky Fachrozy, B. Panjaitan","doi":"10.37680/almanhaj.v5i1.2592","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2592","url":null,"abstract":"The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74317331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-07DOI: 10.37680/almanhaj.v5i1.2644
Elis Hasibuan, Fatimah Zahara
This research is entitled tenant compensation for the use of hotel room facilitiesaccording to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study ofsharia hotels in North Rantau District, Labuhan Batu Regency), this study aimsto find out how the provisions for compensation the tenant's loss for the use ofhotel room facilities, how is the implementation of compensation for the tenantfor the use of hotel room facilities according to the DSN-MUI fatwa NO:112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel,Ahza Syariah and Rifana Residence Syariah. This research uses field research.The research method used is a qualitative research method and data sources wereobtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). Theresults of this study indicate that there are still hotels that enforce compensationlaws for the use of room facilities, this clearly violates the rules according to theFatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except foral -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents andterms of the contract. So that the implementation of leasing creates harm or directimpacts such as a party who is harmed where this contains dharar and includestyrannical actions against tenants.
根据DSN-MUI第NO号法特瓦，这项研究的标题是“使用酒店客房设施的租户补偿”:112/DSN-MUI/IX/2017 (Rantau North District, Labuhan Batu Regency的伊斯兰教法酒店案例研究)，本研究旨在了解如何根据DSN-MUI法特瓦NO:112/DSN-MUI/IX/2017在Rantau Utara区，包括Wisma伊斯兰教法酒店，Ahza伊斯兰教法和Rifana Residence伊斯兰教法，赔偿租户使用酒店客房设施的损失。本研究采用实地调查。研究方法采用定性研究方法，数据来源通过对3名租户(Musta'jr)和3名承租人(Mu'jir)的访谈获得。本研究的结果表明，仍有酒店对客房设施的使用执行赔偿法律，这显然违反了全国伊斯兰教委员会第112/DSN-MUI/IX/2017号关于伊贾拉合同的法特瓦的规定，该法特瓦规定，伊贾拉合同中的Musta'jir 'ala 'yan没有义务承担因使用而产生的损失风险，但正式的-ta'addi, al -taqshir或mukhalafat al-syuruth除外。并且违反了合同的内容和条款。因此，租赁的实施造成了伤害或直接影响，比如一方受到了伤害，这包含了伤害，包括对租户的暴力行为。
{"title":"Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu)","authors":"Elis Hasibuan, Fatimah Zahara","doi":"10.37680/almanhaj.v5i1.2644","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2644","url":null,"abstract":"This research is entitled tenant compensation for the use of hotel room facilitiesaccording to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study ofsharia hotels in North Rantau District, Labuhan Batu Regency), this study aimsto find out how the provisions for compensation the tenant's loss for the use ofhotel room facilities, how is the implementation of compensation for the tenantfor the use of hotel room facilities according to the DSN-MUI fatwa NO:112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel,Ahza Syariah and Rifana Residence Syariah. This research uses field research.The research method used is a qualitative research method and data sources wereobtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). Theresults of this study indicate that there are still hotels that enforce compensationlaws for the use of room facilities, this clearly violates the rules according to theFatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except foral -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents andterms of the contract. So that the implementation of leasing creates harm or directimpacts such as a party who is harmed where this contains dharar and includestyrannical actions against tenants.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78871145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-07DOI: 10.37680/almanhaj.v5i1.2646
Pongki Paulus Ndokii, Y. Yunanto
Copyright is the exclusive right of the creator that arises automatically based ondeclarative principles after a work is realized in a tangible form without reducingrestrictions in accordance with the provisions of laws and regulations. Thedefinition of Copyright is regulated in Law Number 28 of 2014 concerningCopyright Article 1 number 1. Copyright is different from other IntellectualProperty Rights which must be registered. Copyright does not protect ideas,information or facts. Copyright begins with the existence of an idea which is thenrealized in a tangible form. The idea that has been realized in a tangible form thengets exclusive rights automatically. There are two types of exclusive rights,namely moral rights and economic rights. Moral rights are the rights ofindividuals or individuals to the copyrighted works they produce not to bechanged by anyone, even though the copyright of the work has actually beenhanded over to other parties. Economic rights are the exclusive rights of thecreator or copyright holder to obtain economic benefits from the work. But infact, there are still many people who commit copyright infringement withoutpaying attention to the moral rights and economic rights of the creator orcopyright holder. At this time technology has developed rapidly and committinga copyright infringement has been easy to do with the development oftechnology. Especially the act of copying product photos that occur on theinternet, namely Instagram social media. This raises the question of whether theact of copying product photos on social media is a violation of copyright andwhat are the legal remedies.
{"title":"Pelanggaran Hukum Terhadap Hak Cipta Lagu Karena Melakukan Perubahan Secara Ilegal","authors":"Pongki Paulus Ndokii, Y. Yunanto","doi":"10.37680/almanhaj.v5i1.2646","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2646","url":null,"abstract":"Copyright is the exclusive right of the creator that arises automatically based ondeclarative principles after a work is realized in a tangible form without reducingrestrictions in accordance with the provisions of laws and regulations. Thedefinition of Copyright is regulated in Law Number 28 of 2014 concerningCopyright Article 1 number 1. Copyright is different from other IntellectualProperty Rights which must be registered. Copyright does not protect ideas,information or facts. Copyright begins with the existence of an idea which is thenrealized in a tangible form. The idea that has been realized in a tangible form thengets exclusive rights automatically. There are two types of exclusive rights,namely moral rights and economic rights. Moral rights are the rights ofindividuals or individuals to the copyrighted works they produce not to bechanged by anyone, even though the copyright of the work has actually beenhanded over to other parties. Economic rights are the exclusive rights of thecreator or copyright holder to obtain economic benefits from the work. But infact, there are still many people who commit copyright infringement withoutpaying attention to the moral rights and economic rights of the creator orcopyright holder. At this time technology has developed rapidly and committinga copyright infringement has been easy to do with the development oftechnology. Especially the act of copying product photos that occur on theinternet, namely Instagram social media. This raises the question of whether theact of copying product photos on social media is a violation of copyright andwhat are the legal remedies.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80334876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.37680/almanhaj.v5i1.2457
Zulfikar Madyasta Aprilio, Anna Silviana
The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.
{"title":"Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan","authors":"Zulfikar Madyasta Aprilio, Anna Silviana","doi":"10.37680/almanhaj.v5i1.2457","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2457","url":null,"abstract":"The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76336749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.37680/almanhaj.v5i1.1997
Tri Dian Aprilsesa, M. Tahir, S. Aminah, Marnita Marnita
Getting a decent job and livelihood is a basic right of every citizen as a citizen that must be obtained. In its implementation, it cannot be denied that there are problems in employment, one of which concerns wages. However, in principle employers are prohibited from paying wages to workers/employees lower than the minimum wage. The purpose of analyzing the implementation of the provision of the minimum wage is expressly regulated in Article 23 paragraph (3) of Government Regulation Number 36 of 2021 concerning Wages as the Implementing Regulation of Law Number 11 of 2020 concerning Job Creation. If in the agreement, the wages paid are found to be lower or contrary to laws and regulations, the agreement may be null and void and the wage arrangements are carried out in accordance with the provisions of laws and regulations. The research method is normative juridical to analyze data by means of literature studies on secondary data which specifically discusses the norms contained regarding the Minimum Wage Provisions. Obstacles in the application of wages, both the UMP (Provincial Minimum Wage) and the UMK (Regency/City Minimum Wage), namely lower and middle-level companies that are unable to carry out the provisions of the UMP and UMK provisions themselves so that there is a gap between workers and companies. Even though the UMP is smaller than the UMK, there are small and medium-sized companies that are unable to provide good wages to workers according to the stipulations of the UMP. The welfare of workers in Indonesia has always increased from time to time because the magnitude of the increase in the minimum wage as a whole is lower than the increase in the price of the minimum necessities of life, so that workers cannot live a decent life.
{"title":"Tinjauan Hukum Pemberian Upah Pada Buruh Dibawah Upah Minimum Provinsi","authors":"Tri Dian Aprilsesa, M. Tahir, S. Aminah, Marnita Marnita","doi":"10.37680/almanhaj.v5i1.1997","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.1997","url":null,"abstract":"Getting a decent job and livelihood is a basic right of every citizen as a citizen that must be obtained. In its implementation, it cannot be denied that there are problems in employment, one of which concerns wages. However, in principle employers are prohibited from paying wages to workers/employees lower than the minimum wage. The purpose of analyzing the implementation of the provision of the minimum wage is expressly regulated in Article 23 paragraph (3) of Government Regulation Number 36 of 2021 concerning Wages as the Implementing Regulation of Law Number 11 of 2020 concerning Job Creation. If in the agreement, the wages paid are found to be lower or contrary to laws and regulations, the agreement may be null and void and the wage arrangements are carried out in accordance with the provisions of laws and regulations. The research method is normative juridical to analyze data by means of literature studies on secondary data which specifically discusses the norms contained regarding the Minimum Wage Provisions. Obstacles in the application of wages, both the UMP (Provincial Minimum Wage) and the UMK (Regency/City Minimum Wage), namely lower and middle-level companies that are unable to carry out the provisions of the UMP and UMK provisions themselves so that there is a gap between workers and companies. Even though the UMP is smaller than the UMK, there are small and medium-sized companies that are unable to provide good wages to workers according to the stipulations of the UMP. The welfare of workers in Indonesia has always increased from time to time because the magnitude of the increase in the minimum wage as a whole is lower than the increase in the price of the minimum necessities of life, so that workers cannot live a decent life.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83235726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.37680/almanhaj.v5i1.2672
T. Pratama, Muhammad Ali, Fadil Fadil
This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.
本文旨在探讨企业责任作为环境犯罪的法律主体之一。为了解决这个问题，philip M. Hadjon和Tatiek Sri Djatmiati从他们的著作中引用了理论参考，他们认为在大陆法系中，第一种方法是法律方法。通过印度尼西亚的适用法律法规收集数据并进行定性分析。本文认为，环境破坏犯罪行为的法律责任不仅由个人承担，也由作为刑法主体的法人或公司承担。在这种情况下，董事会和公司在犯下环境犯罪方面负有同样的责任。
{"title":"Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup","authors":"T. Pratama, Muhammad Ali, Fadil Fadil","doi":"10.37680/almanhaj.v5i1.2672","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2672","url":null,"abstract":"This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84495386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.37680/almanhaj.v5i1.2543
W. S. Widiarty
Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.
{"title":"Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises","authors":"W. S. Widiarty","doi":"10.37680/almanhaj.v5i1.2543","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2543","url":null,"abstract":"Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81040267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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