Pub Date : 2021-04-21DOI: 10.26555/NOVELTY.V12I01.A18124
Reni Anggriani, Ayura Monica Zandra
Introduction : The nominee agreement in practice is done as legal smuggling against land control for foreigners based in Indonesia, which the Agrarian Principal Law limits. Such restrictions result in foreigners finding a way to obtain property rights under the Nominee Agreement and b the basis of Article 21 paragraph (1) of the fundamental agrarian law of land ownership by foreign nationals with proprietary status contrary to the principle of nationality. Purpose/Objective Study: This research aims to find out how the practice of nominee agreements in land ownership for foreign nationals in Indonesia and the legal consequences of nominee agreements in the application of transfer of property rights to land in Indonesia. Design/Methodology/Approach : This study is normative juridical research beginning on a legal event and then looking for references to a norm system. This legal research is conducted by examining primary and secondary legal materials and non-legal materials relating to nominee contract practice on ownership of foreign national land in Indonesia . In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues and case approach by examining several cases that have a relationship with the legal issues to be discussed. Findings : The result of this study is that the nominee agreement made to transfer ownership of property rights to Foreign Nationals contrary to Article 26 paragraph (2) of the Agrarian Principal Law, based on Article 1320 of the Civil Code, does not meet the objective requirement that lawful clause. The agreement becomes null and void and has no binding power and cannot be used for the basis of rights in obtaining ownership of land for Foreign Nationals in Indonesia. Paper Type : Research article
{"title":"Nominee Contract Practice on Ownership of Foreign National Land in Indonesia","authors":"Reni Anggriani, Ayura Monica Zandra","doi":"10.26555/NOVELTY.V12I01.A18124","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A18124","url":null,"abstract":"Introduction : The nominee agreement in practice is done as legal smuggling against land control for foreigners based in Indonesia, which the Agrarian Principal Law limits. Such restrictions result in foreigners finding a way to obtain property rights under the Nominee Agreement and b the basis of Article 21 paragraph (1) of the fundamental agrarian law of land ownership by foreign nationals with proprietary status contrary to the principle of nationality. Purpose/Objective Study: This research aims to find out how the practice of nominee agreements in land ownership for foreign nationals in Indonesia and the legal consequences of nominee agreements in the application of transfer of property rights to land in Indonesia. Design/Methodology/Approach : This study is normative juridical research beginning on a legal event and then looking for references to a norm system. This legal research is conducted by examining primary and secondary legal materials and non-legal materials relating to nominee contract practice on ownership of foreign national land in Indonesia . In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues and case approach by examining several cases that have a relationship with the legal issues to be discussed. Findings : The result of this study is that the nominee agreement made to transfer ownership of property rights to Foreign Nationals contrary to Article 26 paragraph (2) of the Agrarian Principal Law, based on Article 1320 of the Civil Code, does not meet the objective requirement that lawful clause. The agreement becomes null and void and has no binding power and cannot be used for the basis of rights in obtaining ownership of land for Foreign Nationals in Indonesia. Paper Type : Research article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42588362","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 : 2021-04-21DOI: 10.26555/NOVELTY.V12I01.A17036
Jamaludin Ghafur
Introduction to The Problem : One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties. Purpose/Objective Study : This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate. Design/Methodology/Approach : This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study. Findings : The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated? Paper Type : Research Article
{"title":"Democratization of Legislative Prospective Candidate Selection: Urgency and Its Parameters","authors":"Jamaludin Ghafur","doi":"10.26555/NOVELTY.V12I01.A17036","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A17036","url":null,"abstract":"Introduction to The Problem : One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties. Purpose/Objective Study : This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate. Design/Methodology/Approach : This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study. Findings : The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated? Paper Type : Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49303509","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 : 2021-04-02DOI: 10.26555/NOVELTY.V12I01.A16990
S. S. Martin
Introduction to the Problem: Based on Law No. 37 of 2004 on the Bankruptcy and Payment Suspension, the consequence of Bankruptcy decisions cover the total wealth of the Bankrupt Debtors at the time of the bankruptcy declaration together with that which they acquire during the bankruptcy. According to the Bankruptcy Act, there is no explicit limitation about the bankrupt assets, which raises the ambiguity and contradiction towards the Law No. 41 of 2004 on Waqf and Law No. 28 of 2004 on the amendment of Law No. 16 of 2001 on Foundations in determining the status of waqf assets as the one of Foundation’s wealth. Purpose/Objective Study: This research aims to determine waqf assets’ status on the bankrupt foundation and manage waqf assets in Indonesia’s bankruptcy proceedings. Design/Methodology/Approach: This type of research is normative legal research. The study employed secondary data from the literature review and analyzed it through the statute and conceptual approaches. Findings: This research shows that applying the laws and implementing bankruptcy proceedings should consider other laws, which means waqf assets that the foundation manages. The waqf law overrides the bankruptcy law that is affirmed on foundation law. The bankrupt foundation’s waqf assets will hand over to others’ foundations or legal entities that have the same purposes. Paper Type: Research Article.
{"title":"Legal Consequences of Bankruptcy Towards Legal Position of Waqf Assets on Foundation","authors":"S. S. Martin","doi":"10.26555/NOVELTY.V12I01.A16990","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A16990","url":null,"abstract":"Introduction to the Problem: Based on Law No. 37 of 2004 on the Bankruptcy and Payment Suspension, the consequence of Bankruptcy decisions cover the total wealth of the Bankrupt Debtors at the time of the bankruptcy declaration together with that which they acquire during the bankruptcy. According to the Bankruptcy Act, there is no explicit limitation about the bankrupt assets, which raises the ambiguity and contradiction towards the Law No. 41 of 2004 on Waqf and Law No. 28 of 2004 on the amendment of Law No. 16 of 2001 on Foundations in determining the status of waqf assets as the one of Foundation’s wealth. Purpose/Objective Study: This research aims to determine waqf assets’ status on the bankrupt foundation and manage waqf assets in Indonesia’s bankruptcy proceedings. Design/Methodology/Approach: This type of research is normative legal research. The study employed secondary data from the literature review and analyzed it through the statute and conceptual approaches. Findings: This research shows that applying the laws and implementing bankruptcy proceedings should consider other laws, which means waqf assets that the foundation manages. The waqf law overrides the bankruptcy law that is affirmed on foundation law. The bankrupt foundation’s waqf assets will hand over to others’ foundations or legal entities that have the same purposes. Paper Type: Research Article.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45611314","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 : 2021-04-02DOI: 10.26555/NOVELTY.V12I01.A16944
Radius Setiyawan, Satria Unggul Wicaksana Prakasa
Introduction to the Problems : The condition during COVID-19 that made people doing more activities at home drove the increase in spending intensity. This condition referred to a new normal. Online shopping has long been a habit for some people because of the convenience provided. In conditions of increasing online shopping activities certainly have implications for the community—online shopping practices of Indonesian people in the Covid-19 pandemic era, with an approach and cybersecurity. Purpose/ Objective Study : This research aims to examine the relationship between online shopping practices of the Indonesian people in the Covid-19 pandemic era. Design/Methodology/Approach : With an approach to the study of culture and cybersecurity, with integration between culture studies, economy, and digital law studies. Findings : This research finds that massive online shopping practices in Indonesia have implications for social vulnerability. In a cultural context, people could get caught up in alienation. Online shopping activities as productive work (work to make commodities) alienate humans, four sides humans from themselves, productive work objects (instruments and productive work objects), and products consumed. While in the context of security, there was a risk of using misused personal data. It was necessary to ratify the Law of Personal Data Security as a legal regulation mechanism for sanctions for the data privacy misused in. Paper Types : Research article
{"title":"Indonesian Online Shopping Practices in the COVID-19 Pandemic Era: A Study of Culture and Cyber Security Law","authors":"Radius Setiyawan, Satria Unggul Wicaksana Prakasa","doi":"10.26555/NOVELTY.V12I01.A16944","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A16944","url":null,"abstract":"Introduction to the Problems : The condition during COVID-19 that made people doing more activities at home drove the increase in spending intensity. This condition referred to a new normal. Online shopping has long been a habit for some people because of the convenience provided. In conditions of increasing online shopping activities certainly have implications for the community—online shopping practices of Indonesian people in the Covid-19 pandemic era, with an approach and cybersecurity. Purpose/ Objective Study : This research aims to examine the relationship between online shopping practices of the Indonesian people in the Covid-19 pandemic era. Design/Methodology/Approach : With an approach to the study of culture and cybersecurity, with integration between culture studies, economy, and digital law studies. Findings : This research finds that massive online shopping practices in Indonesia have implications for social vulnerability. In a cultural context, people could get caught up in alienation. Online shopping activities as productive work (work to make commodities) alienate humans, four sides humans from themselves, productive work objects (instruments and productive work objects), and products consumed. While in the context of security, there was a risk of using misused personal data. It was necessary to ratify the Law of Personal Data Security as a legal regulation mechanism for sanctions for the data privacy misused in. Paper Types : Research article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43229520","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 : 2021-04-02DOI: 10.26555/NOVELTY.V12I01.A16996
Karunia Pangestu, Heru Suyanto, R. Agustanti
Introduction to the Problem : Indonesia is a constitutional state; therefore, all citizens must obey the applicable regulations. If someone commits a criminal act and is required to be brought to the court, evidence is an important thing to resolve the criminal case. A judge can determine whether the accused is guilty or not, one of the ways to determine is to consider the evidence. The law of evidence is known to have two types of evidence, namely direct evidence and indirect evidence (circumstantial evidence). Circumstantial evidence is a kind of evidence in which the relationship between the facts that occur and the available evidence can only be seen after drawing some certain conclusions. Circumstantial evidence can be very important if the other evidences are not sufficient to prove a criminal case in a court. However, the circumstantial evidences must be in accordance with the other evidences. Purpose/Objective of the Study : The purpose of this study is to understand the circumstantial evidence in the perspective of criminal law and how it is applied in criminal cases. Design/Methodology/Approach : The research method used in this study is a normative juridical research method, with the statutory approach and conceptual approach. The type of data used in this study is the secondary data using three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Findings : Indirect evidence or Circumstantial evidence is one of the legal evidences according to Law Number 8 of 1981 concerning Criminal Procedure Law Article 188, namely the indication. However, Circumstantial Evidence is still rarely used by the system of criminal evidence in the courts in Indonesia because its validity is often questioned by the public. Paper Type : Research Article
{"title":"Application of Circumstantial Evidence in Criminal Laws in Indonesia","authors":"Karunia Pangestu, Heru Suyanto, R. Agustanti","doi":"10.26555/NOVELTY.V12I01.A16996","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A16996","url":null,"abstract":"Introduction to the Problem : Indonesia is a constitutional state; therefore, all citizens must obey the applicable regulations. If someone commits a criminal act and is required to be brought to the court, evidence is an important thing to resolve the criminal case. A judge can determine whether the accused is guilty or not, one of the ways to determine is to consider the evidence. The law of evidence is known to have two types of evidence, namely direct evidence and indirect evidence (circumstantial evidence). Circumstantial evidence is a kind of evidence in which the relationship between the facts that occur and the available evidence can only be seen after drawing some certain conclusions. Circumstantial evidence can be very important if the other evidences are not sufficient to prove a criminal case in a court. However, the circumstantial evidences must be in accordance with the other evidences. Purpose/Objective of the Study : The purpose of this study is to understand the circumstantial evidence in the perspective of criminal law and how it is applied in criminal cases. Design/Methodology/Approach : The research method used in this study is a normative juridical research method, with the statutory approach and conceptual approach. The type of data used in this study is the secondary data using three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Findings : Indirect evidence or Circumstantial evidence is one of the legal evidences according to Law Number 8 of 1981 concerning Criminal Procedure Law Article 188, namely the indication. However, Circumstantial Evidence is still rarely used by the system of criminal evidence in the courts in Indonesia because its validity is often questioned by the public. Paper Type : Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46654571","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 : 2021-03-31DOI: 10.26555/NOVELTY.V12I01.A16543
Mardiansyah Mardiansyah
Introduction to the Problem : This article discusses WHO policy set out in WHO protocol with 4 scenarios to be recommended to countries , namely countries without a case, countries with 1 or more cases, countries with cluster cases, and cluster with greater local transmission. In this case, Indonesia has a policy which is formed based on the WHO advice. Purpose/Objective of the Study : To find out whether the policies implemented to manage COVID-19 spread in Indonesia have similarities with the protocol of the WHO. Design/Methodology/Approach: Data were collected from primary and secondary data sources in the form of literature legal research and statute approach. Findings: The results showed that the recommended protocols adopted by the Indonesian government are mostly focused on ending the spread, rather than preventing the COVID-19 outbreak from entering a territtory. As a result, there had been some considerations regarding to the implementation of WHO protocols, especially when closing an area or restricting national access. However, WHO policy is not an obligation to be implemented by a country because the most crucial thing is that anticipating the spread, breaking the spread chain and finding a cure from this health condition for patients. Paper Type : Research Article
{"title":"World Health Organization Policy Facing the Spread of COVID-19 in Indonesia","authors":"Mardiansyah Mardiansyah","doi":"10.26555/NOVELTY.V12I01.A16543","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A16543","url":null,"abstract":"Introduction to the Problem : This article discusses WHO policy set out in WHO protocol with 4 scenarios to be recommended to countries , namely countries without a case, countries with 1 or more cases, countries with cluster cases, and cluster with greater local transmission. In this case, Indonesia has a policy which is formed based on the WHO advice. Purpose/Objective of the Study : To find out whether the policies implemented to manage COVID-19 spread in Indonesia have similarities with the protocol of the WHO. Design/Methodology/Approach: Data were collected from primary and secondary data sources in the form of literature legal research and statute approach. Findings: The results showed that the recommended protocols adopted by the Indonesian government are mostly focused on ending the spread, rather than preventing the COVID-19 outbreak from entering a territtory. As a result, there had been some considerations regarding to the implementation of WHO protocols, especially when closing an area or restricting national access. However, WHO policy is not an obligation to be implemented by a country because the most crucial thing is that anticipating the spread, breaking the spread chain and finding a cure from this health condition for patients. Paper Type : Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48571834","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 : 2021-03-31DOI: 10.26555/NOVELTY.V12I01.A16808
O. Masood, Kiran Javaria
Introduction to The Problem : This study explains the concept of legal risk in marketing in e-commerce world as there is currently insufficient research studies on the concept despite its critical importance in influencing the behaviour of consumers. Purpose/Objective Study : The problem statement/purpose of study is to explain that what are the different barriers faced by financial managers during an uncertain and legal risky situation. Design/Methodology/Approach : The study utilizes both primary and secondary data from Gulf Cooperation Council (GCC) countries in order to get reliable results. There are different risk factors that affect the purchasing behaviour of consumers who shop online. The consumer’s perception of risk may be the result of all the emotional processes through which consumers recognize, organize and provide meaning to sensations received, such as the need for product quality, safety online and overall satisfaction. The primary data consists of a survey of online shoppers. The research data and questionnaire were administered to 972 GCC internet users who are classed as experienced and avid users. The secondary data includes an analysis of the various theories of consumer behaviour, models of online adoption, legal risk factors to marketing and shopping online, models of the adoption of innovation and new ways of marketing and trade. Both techniques are utilized to examine the relationship between perceived risk strategies and customer satisfaction as well as examined the customer involvement and propensity to take risk on existing relation of online shopping. Findings: According to study results, legal risk is very important in GCC countries which ultimately influence the customer involvement, satisfaction and purchasing behaviour. GCC countries should attempts to create a coherent legal and regulatory framework (like Lessons can be learnt from the EU). It will help to reduce the legal risk and remove the obstacles to the growth of e-commerce in GCC countries by affirming a certain level of transparency by imposing prior information requirements for electronic contracts, as well as regulating commercial communication and advertisements and regulating consumers' technical errors. Paper Type : Research Article
{"title":"Legal Issues in Implementing E-Commerce in GCC Countries from the Perspective of Financial Managers","authors":"O. Masood, Kiran Javaria","doi":"10.26555/NOVELTY.V12I01.A16808","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A16808","url":null,"abstract":"Introduction to The Problem : This study explains the concept of legal risk in marketing in e-commerce world as there is currently insufficient research studies on the concept despite its critical importance in influencing the behaviour of consumers. Purpose/Objective Study : The problem statement/purpose of study is to explain that what are the different barriers faced by financial managers during an uncertain and legal risky situation. Design/Methodology/Approach : The study utilizes both primary and secondary data from Gulf Cooperation Council (GCC) countries in order to get reliable results. There are different risk factors that affect the purchasing behaviour of consumers who shop online. The consumer’s perception of risk may be the result of all the emotional processes through which consumers recognize, organize and provide meaning to sensations received, such as the need for product quality, safety online and overall satisfaction. The primary data consists of a survey of online shoppers. The research data and questionnaire were administered to 972 GCC internet users who are classed as experienced and avid users. The secondary data includes an analysis of the various theories of consumer behaviour, models of online adoption, legal risk factors to marketing and shopping online, models of the adoption of innovation and new ways of marketing and trade. Both techniques are utilized to examine the relationship between perceived risk strategies and customer satisfaction as well as examined the customer involvement and propensity to take risk on existing relation of online shopping. Findings: According to study results, legal risk is very important in GCC countries which ultimately influence the customer involvement, satisfaction and purchasing behaviour. GCC countries should attempts to create a coherent legal and regulatory framework (like Lessons can be learnt from the EU). It will help to reduce the legal risk and remove the obstacles to the growth of e-commerce in GCC countries by affirming a certain level of transparency by imposing prior information requirements for electronic contracts, as well as regulating commercial communication and advertisements and regulating consumers' technical errors. Paper Type : Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44593413","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 : 2020-02-28DOI: 10.26555/novelty.v11i1.a15166
Wendra Yunaldi
Introduction to The Problem: The term interpretation of Pancasila seems rarely used to measure the substance of the Pancasila as the Indonesian nation’s weltanschauung . The term interpretation refers to the concept of constitutional and cultural meaning so that the order of civic life is in the same direction and under the paradigm of God, humanity, unity, society, and social justice. After the amendment of the 1945 Constitution, the Indonesian constitution has faced many changes. The changes that occurred are to creating a democratic governmental order. Even though the democratic rule of the government has surfaced, one thing for sure is that Pancasila is strengthening the form of Indonesia’s foundation. Because philosophy, enthusiasm, ideas, and thoughts of the nation’s life are determined by the underlying weltanschauung . Purpose/Objective Study: This study is trying to find the authentic interpretation of Pancasila based on its dynamic interpretation throughout Indonesian history. Design/Methodology/Approach: To answer these problems, the method used in this study is normative research with a conceptual approach so that interpretation is obtained by the paradigm built by the nation’s founders. Findings: By referring to library materials, the conclusion that can be drawn from this research is Pancasila , which is misinterpreted rigidly and is state-oriented to castrate the meaning of Pancasila as a public view of life. Then with the strong tendency of legal-formal interpretation so that it eliminates its substantive nature as weltanschauung or national outlook on life so that Pancasila loses its vital in the present state of life in Indonesia .
{"title":"The Dynamic Interpretation of Pancasila in Indonesian State Administration History: Finding Its Authentic Interpretation","authors":"Wendra Yunaldi","doi":"10.26555/novelty.v11i1.a15166","DOIUrl":"https://doi.org/10.26555/novelty.v11i1.a15166","url":null,"abstract":"Introduction to The Problem: The term interpretation of Pancasila seems rarely used to measure the substance of the Pancasila as the Indonesian nation’s weltanschauung . The term interpretation refers to the concept of constitutional and cultural meaning so that the order of civic life is in the same direction and under the paradigm of God, humanity, unity, society, and social justice. After the amendment of the 1945 Constitution, the Indonesian constitution has faced many changes. The changes that occurred are to creating a democratic governmental order. Even though the democratic rule of the government has surfaced, one thing for sure is that Pancasila is strengthening the form of Indonesia’s foundation. Because philosophy, enthusiasm, ideas, and thoughts of the nation’s life are determined by the underlying weltanschauung . Purpose/Objective Study: This study is trying to find the authentic interpretation of Pancasila based on its dynamic interpretation throughout Indonesian history. Design/Methodology/Approach: To answer these problems, the method used in this study is normative research with a conceptual approach so that interpretation is obtained by the paradigm built by the nation’s founders. Findings: By referring to library materials, the conclusion that can be drawn from this research is Pancasila , which is misinterpreted rigidly and is state-oriented to castrate the meaning of Pancasila as a public view of life. Then with the strong tendency of legal-formal interpretation so that it eliminates its substantive nature as weltanschauung or national outlook on life so that Pancasila loses its vital in the present state of life in Indonesia .","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44264685","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 : 2020-02-28DOI: 10.26555/novelty.v11i1.a15139
A. Ningsih
Introduction to The Problem: Revocation of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations. Purpose/Objective Study: This research discussed the types of license revocation of the insurance companies and legal protections of the policyholders when this revocation happened. Design/Methodology/Approach: This study is a qualitative one, which uses a normative juridical method. It approached by the juridical research that uses primary data in the form of Acts or Regulations. Findings: The types of business license revocation of insurance companies are divided into 4, namely: (1) cancellation of business licenses due to administrative sanctions that are gradually applied; (2) revocation of business licenses due to company requests; (3) dismissal of business licenses due to bankruptcy, and; (4) revocation of business licenses due to the merging or business combination. The respective procedures are governed by the relevant OJK Regulations. The repeal of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.
{"title":"License Revocation of Insurance Companies and Legal Protections of the Policyholders","authors":"A. Ningsih","doi":"10.26555/novelty.v11i1.a15139","DOIUrl":"https://doi.org/10.26555/novelty.v11i1.a15139","url":null,"abstract":"Introduction to The Problem: Revocation of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations. Purpose/Objective Study: This research discussed the types of license revocation of the insurance companies and legal protections of the policyholders when this revocation happened. Design/Methodology/Approach: This study is a qualitative one, which uses a normative juridical method. It approached by the juridical research that uses primary data in the form of Acts or Regulations. Findings: The types of business license revocation of insurance companies are divided into 4, namely: (1) cancellation of business licenses due to administrative sanctions that are gradually applied; (2) revocation of business licenses due to company requests; (3) dismissal of business licenses due to bankruptcy, and; (4) revocation of business licenses due to the merging or business combination. The respective procedures are governed by the relevant OJK Regulations. The repeal of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47545636","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}
Introduction to The Problem: A trustee agreement is an exclusive agreement in banking gives the bank the right and authority to manage the customer's assets as stated to the agreement The assets of trust assets are the property of the customer, the management of the assets must be separately carried out to implement the Prudential Principle and Pacta Sunt Servanda in banking contract. Purpose/Objective Study: Research and analyze the legal consequences of the trustee agreement and analyze the bank liability towards the insolvency status to the trustee agreement. Methodology/Approach: This Legal Research used normative positivism with the using of the Statute and Conceptual Approach. The Legal Research Sources divided into primary to the tertiary source. Findings: The research shows that the Bank is only as the manager of the asset; therefore, every legal conduct shall have approval from the Settlor under the trustee agreement. It means, if the assets are included as insolvency assets, it is a violation of contract as well as law where the dispute settlement shall be taken into account. Paper Type: This Research is Reseach Article completed by rules and regulations.
问题简介：受托人协议是银行业的排他性协议，赋予银行按照协议规定管理客户资产的权利和权限。信托资产的资产是客户的财产，必须单独进行资产管理，以执行银行合同中的保诚原则和Pacta Sunt Servanda。目的/目的研究：研究和分析受托人协议的法律后果，分析银行对受托人协议破产状态的责任。方法论/方法论：这项法律研究采用了规范实证主义，并使用了规约和概念方法。法律研究来源分为一级来源和三级来源。研究结果：研究表明，银行只是作为资产的管理者；因此，根据受托人协议，每一项法律行为都应获得委托人的批准。这意味着，如果这些资产被列为破产资产，就违反了合同，也违反了应考虑到争端解决的法律。论文类型：本研究为按规章制度完成的研究性文章。
{"title":"Bank Liability as Trustee in Banking Insolvency","authors":"Franciska Mifanyira Sutikno, Indah Dwi Miftachul Jannah","doi":"10.26555/novelty.v10i2.a13769","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13769","url":null,"abstract":"Introduction to The Problem: A trustee agreement is an exclusive agreement in banking gives the bank the right and authority to manage the customer's assets as stated to the agreement The assets of trust assets are the property of the customer, the management of the assets must be separately carried out to implement the Prudential Principle and Pacta Sunt Servanda in banking contract. Purpose/Objective Study: Research and analyze the legal consequences of the trustee agreement and analyze the bank liability towards the insolvency status to the trustee agreement. Methodology/Approach: This Legal Research used normative positivism with the using of the Statute and Conceptual Approach. The Legal Research Sources divided into primary to the tertiary source. Findings: The research shows that the Bank is only as the manager of the asset; therefore, every legal conduct shall have approval from the Settlor under the trustee agreement. It means, if the assets are included as insolvency assets, it is a violation of contract as well as law where the dispute settlement shall be taken into account. Paper Type: This Research is Reseach Article completed by rules and regulations.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46781626","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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