Pub Date : 2024-01-02DOI: 10.37303/magister.v14i2.87
Widang Kabupaten, Siti Mahluk, Attus Sholihak, W. Arsana, PPKn, Kabupaten Tuban, Kata Kunci, Tradisi, “Medhot Benang, Perkawinan Lawe ”, Nglangkahi
This study examines the tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony in Patihan Village, Widang District, Tuban Regency. The purpose of this research is to: 1) Knowing the meaning contained in the tradition of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang District, Tuban Regency. 2) Understand the meaning contained in the means of Medhot Benang Lawe tradition in Nglangkahi marriage ceremony in Patihan village, Widang sub-district, Tuban regency. 3) Provide information about the values contained in the implementation of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang Subdistrict, Tuban Regency. This research uses juridical-empirical method by using sociological approach. The results of this study found that the Patihan Village Community still holds the Tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony when going ahead of an older sibling in a marriage. This tradition goes through a series of important processions. The tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony contains religious values, education and other important values in the lives of the people of Patihan Village, Widang District, Tuban Regency. Keywords: Tradition of "Medhot Benang Lawe", Nglangkahi Marriage.
{"title":"TRADISI “MEDHOT BENANG LAWE” DALAM UPACARA PERKAWINAN NGLANGKAHI DI DESA PATIHAN KECAMATAN WIDANG KABUPATEN","authors":"Widang Kabupaten, Siti Mahluk, Attus Sholihak, W. Arsana, PPKn, Kabupaten Tuban, Kata Kunci, Tradisi, “Medhot Benang, Perkawinan Lawe ”, Nglangkahi","doi":"10.37303/magister.v14i2.87","DOIUrl":"https://doi.org/10.37303/magister.v14i2.87","url":null,"abstract":"This study examines the tradition of \"Medhot Benang Lawe\" in the Nglangkahi Marriage Ceremony in Patihan Village, Widang District, Tuban Regency. The purpose of this research is to: 1) Knowing the meaning contained in the tradition of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang District, Tuban Regency. 2) Understand the meaning contained in the means of Medhot Benang Lawe tradition in Nglangkahi marriage ceremony in Patihan village, Widang sub-district, Tuban regency. 3) Provide information about the values contained in the implementation of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang Subdistrict, Tuban Regency. This research uses juridical-empirical method by using sociological approach. The results of this study found that the Patihan Village Community still holds the Tradition of \"Medhot Benang Lawe\" in the Nglangkahi Marriage Ceremony when going ahead of an older sibling in a marriage. This tradition goes through a series of important processions. The tradition of \"Medhot Benang Lawe\" in the Nglangkahi Marriage Ceremony contains religious values, education and other important values in the lives of the people of Patihan Village, Widang District, Tuban Regency. \u0000Keywords: Tradition of \"Medhot Benang Lawe\", Nglangkahi Marriage.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"113 47","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139391630","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}
The application of land purchase/procurement in the context of land acquisition for the public interest of the airport whose land object is still in the effort to transfer rights to the PPJB stage needs to be studied. The formulation of the problem in this study, how is the process of purchasing land in the context of land acquisition for the public interest of the airport based on PP No. 19 of 2021, and what is the ownership status and legal protection for landowners who have been purchased by speculators up to the PPJB stage before the letter of determination of the location of land acquisition is issued by the government. The purpose of this study is to further examine the application of PP No. 19 of 2021 as a legal basis in land acquisition for development for the public interest of airports, and the suitability of its application with existing norms and positive laws in guaranteeing the rights of entitled landowners. The method used in this research is normative juridical with a statutory approach. The result of this research is that PP No.19 of 2021 has improved the previous law, it's just that there is no limit to the rules regarding eligibility standards regarding agencies to be able to apply for land acquisition, and the laying of location determinations which results in restrictions on the transfer of rights that are less effective, as well as the unclear application of article 139 so that the author concludes that this PP is still immature. Meanwhile, regarding the protection and ownership status of HAT on the right owner, adhering to the legal force of the PPJB which has the status of an underhand deed, the land rights remain with the seller, while the legal protection of the legal actions carried out, namely by making a new agreement as mandated in article 1233 of the Civil Code. Keywords: Land Procurement, Land Purchase, Speculators.
{"title":"PENERAPAN PEMBELIAN TANAH DALAM RANGKA PENGADAAN TANAH UNTUK BANDARA","authors":"Taqiy Nurdaiman, Huzaimah Al-Ansori, Moch Wachid Hasyim","doi":"10.37303/magister.v14i2.85","DOIUrl":"https://doi.org/10.37303/magister.v14i2.85","url":null,"abstract":"The application of land purchase/procurement in the context of land acquisition for the public interest of the airport whose land object is still in the effort to transfer rights to the PPJB stage needs to be studied. The formulation of the problem in this study, how is the process of purchasing land in the context of land acquisition for the public interest of the airport based on PP No. 19 of 2021, and what is the ownership status and legal protection for landowners who have been purchased by speculators up to the PPJB stage before the letter of determination of the location of land acquisition is issued by the government. The purpose of this study is to further examine the application of PP No. 19 of 2021 as a legal basis in land acquisition for development for the public interest of airports, and the suitability of its application with existing norms and positive laws in guaranteeing the rights of entitled landowners. The method used in this research is normative juridical with a statutory approach. The result of this research is that PP No.19 of 2021 has improved the previous law, it's just that there is no limit to the rules regarding eligibility standards regarding agencies to be able to apply for land acquisition, and the laying of location determinations which results in restrictions on the transfer of rights that are less effective, as well as the unclear application of article 139 so that the author concludes that this PP is still immature. Meanwhile, regarding the protection and ownership status of HAT on the right owner, adhering to the legal force of the PPJB which has the status of an underhand deed, the land rights remain with the seller, while the legal protection of the legal actions carried out, namely by making a new agreement as mandated in article 1233 of the Civil Code. Keywords: Land Procurement, Land Purchase, Speculators.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"21 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139128951","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 : 2023-12-31DOI: 10.37303/magister.v14i2.83
Selvia Wisuda
Balai Harta Warisan existed since the Dutch era to Indonesia around 1596. In order to find out the position of Balai Harta Warisan which has the task of managing the assets of people under supervision when it is related to positive law in Indonesia. With empirical juridical research, there will be primary and secondary data that will be processed. The results showed that the position of Balai Harta Peningalan is still recognized as a state institution and is still valid. The function of Balai Harta Pengrelican is to resolve issues of guardianship, custody, absence and inheritance that have no authority, etc. in accordance with article 3 of the Decree of the Minister of Justice and has the task of representing and taking care of the interests of people who cannot carry out their own interests. As a supervisor to protect the interests of Curandus and protect him from the actions of the custodians who may cause losses to his property while still within the time of custody. Carry out bookkeeping and registration of wills in accordance with the law and carry out the settlement of bankruptcy problems in accordance with the law. At present Balai Harta Warisan in Indonesia has a working area covering Balai Harta Warisan Jakarta, Surabaya, Semarang, Medan and Makassar Keywords: Relic Hall, Forgiveness, Wealth Property
{"title":"KEWENANGAN PENGELOLAAN HARTA KEKAYAAN ORANG DIBAWAH PENGAMPUAN OLEH BALAI HARTA PENINGGALAN SURABAYA","authors":"Selvia Wisuda","doi":"10.37303/magister.v14i2.83","DOIUrl":"https://doi.org/10.37303/magister.v14i2.83","url":null,"abstract":"Balai Harta Warisan existed since the Dutch era to Indonesia around 1596. In order to find out the position of Balai Harta Warisan which has the task of managing the assets of people under supervision when it is related to positive law in Indonesia. With empirical juridical research, there will be primary and secondary data that will be processed. The results showed that the position of Balai Harta Peningalan is still recognized as a state institution and is still valid. The function of Balai Harta Pengrelican is to resolve issues of guardianship, custody, absence and inheritance that have no authority, etc. in accordance with article 3 of the Decree of the Minister of Justice and has the task of representing and taking care of the interests of people who cannot carry out their own interests. As a supervisor to protect the interests of Curandus and protect him from the actions of the custodians who may cause losses to his property while still within the time of custody. Carry out bookkeeping and registration of wills in accordance with the law and carry out the settlement of bankruptcy problems in accordance with the law. At present Balai Harta Warisan in Indonesia has a working area covering Balai Harta Warisan Jakarta, Surabaya, Semarang, Medan and Makassar Keywords: Relic Hall, Forgiveness, Wealth Property","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"33 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139131173","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 : 2023-12-31DOI: 10.37303/magister.v14i2.86
Risqi Aula Rifaldi, Trinah Asi Islami, Wedi Pratanto Rahayu Pratanto Rahayu
Settlement of disputes over the Polo by Ralph Laurem brand according to the commercial court decision no 83/pdt.sus- HKI/Merek2022//PN NiagaJkt.Pst. In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren brand under list number 173934. Based on the decision it was proven that the defendant knew that the plaintiff was the owner of the trademark rights but the defendant ignored this fact and filed an application for brands in bad faith, namely by imitating the Plaintiff's Polo by Ralph Lauren brand. That based on the facts in the decision the defendant did not know. This type of research is normative juridical using secondary data as the main research data. The data were obtained from the Law on Trademarks and the decision of the Central Jakarta Commercial Court regarding the brand restriction and supplemented with secondary data in the form of books and articles with similar discussions. The data were collected using library techniques by reviewing the findings, analyzing and interpreting them based on the prepared theory. Data processing is done in a deductive way through propositions and theories that are general in nature led to specific facts so that they become a description that can be more easily understood. Court decision No 83/pdt.sus-HKI/Merek2022//PN NiagaJkt.Pst.. Established that the Central Jakarta Commercial Court In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren trademark under register number 173934. Keywords : tradermark, Court decision, Polo by Ralp Lauren
根据商事法院第 83/pdt.sus- HKI/Merek2022//PN NiagaJkt.Pst 号裁决解决有关 Polo by Ralph Laurem 品牌的争议。在该裁决中，法官小组指出，原告是名单编号为 173934 的 Polo by Ralph Lauren 品牌的持有人。根据该裁决，被告明知原告是商标权所有人，但却无视这一事实，恶意提出品牌申请，即模仿原告的 Polo by Ralph Lauren 品牌。根据判决中的事实，被告并不知情。此类研究属于规范法学研究，使用二手数据作为主要研究数据。数据来源于《商标法》和雅加达中央商事法院关于品牌限制的判决，并以类似讨论的书籍和文章形式的二手数据作为补充。数据收集采用了图书馆技术，根据准备好的理论对调查结果进行审查、分析和解释。数据处理以演绎的方式进行，通过一般性的命题和理论引出具体的事实，使其成为更容易理解的描述。第 83/pdt.sus-HKI/Merek2022//PN NiagaJkt.Pst.号法院判决。雅加达中央商事法院在该判决中裁定，原告是注册号为 173934 的 Polo by Ralph Lauren 商标的持有人。 关键词 : 商标、法院判决、Polo by Ralp Lauren
{"title":"KAJIAN HUKUM TERHADAP PENYELESAIAN SENGKETA MEREK PADA POLO BY RALP LAUREN (Studi putusan No 83/Pdt.Sus-HKI/Merek2022/PN Niaga Jkt.Pst)","authors":"Risqi Aula Rifaldi, Trinah Asi Islami, Wedi Pratanto Rahayu Pratanto Rahayu","doi":"10.37303/magister.v14i2.86","DOIUrl":"https://doi.org/10.37303/magister.v14i2.86","url":null,"abstract":"Settlement of disputes over the Polo by Ralph Laurem brand according to the commercial court decision no 83/pdt.sus- HKI/Merek2022//PN NiagaJkt.Pst. In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren brand under list number 173934. Based on the decision it was proven that the defendant knew that the plaintiff was the owner of the trademark rights but the defendant ignored this fact and filed an application for brands in bad faith, namely by imitating the Plaintiff's Polo by Ralph Lauren brand. That based on the facts in the decision the defendant did not know. This type of research is normative juridical using secondary data as the main research data. The data were obtained from the Law on Trademarks and the decision of the Central Jakarta Commercial Court regarding the brand restriction and supplemented with secondary data in the form of books and articles with similar discussions. The data were collected using library techniques by reviewing the findings, analyzing and interpreting them based on the prepared theory. Data processing is done in a deductive way through propositions and theories that are general in nature led to specific facts so that they become a description that can be more easily understood. Court decision No 83/pdt.sus-HKI/Merek2022//PN NiagaJkt.Pst.. Established that the Central Jakarta Commercial Court In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren trademark under register number 173934. Keywords : tradermark, Court decision, Polo by Ralp Lauren","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":" 859","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139136606","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 : 2023-05-17DOI: 10.37303/magister.v14i1.78
Dewi Himmatul Agustin, I. W. Arsana
This research is based on social life regarding the implementation of religion in the community of Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. Diversity is an ancestral heritage. The aims of this study is to: 1) To examine the implementation of religious moderation in the community of Balonggarut Village, Krembung District, Sidoarjo Regency. 2) To determine the role of religious leaders in realizing religious moderation in Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. 3) To determine the role of community leaders in realizing religious moderation in Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. This research uses empirical juridical methods that are qualitative descriptive with interview, observation, and documentation data collection techniques. This study showed the result that community understood religious moderation so that they respect. In religious moderation, the role of religious leaders is always to get closer to communicate and preach to guide goodness to the people. the role of community leaders always gives understanding to the younger generation to always respect and appreciate the differences that exist. Keywords: Religious Moderation, Tolerance, Religiuos Leaders, Community Leaders.
{"title":"IMPLEMENTASI MODERASI BERAGAMA PADA MASYARAKAT DESA BALONGGARUT KECAMATAN KREMBUNG KABUPATEN SIDOARJO","authors":"Dewi Himmatul Agustin, I. W. Arsana","doi":"10.37303/magister.v14i1.78","DOIUrl":"https://doi.org/10.37303/magister.v14i1.78","url":null,"abstract":"This research is based on social life regarding the implementation of religion in the community of Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. Diversity is an ancestral heritage. The aims of this study is to: 1) To examine the implementation of religious moderation in the community of Balonggarut Village, Krembung District, Sidoarjo Regency. 2) To determine the role of religious leaders in realizing religious moderation in Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. 3) To determine the role of community leaders in realizing religious moderation in Balonggarut Village, Krembung Subdistrict, Sidoarjo Regency. This research uses empirical juridical methods that are qualitative descriptive with interview, observation, and documentation data collection techniques. This study showed the result that community understood religious moderation so that they respect. In religious moderation, the role of religious leaders is always to get closer to communicate and preach to guide goodness to the people. the role of community leaders always gives understanding to the younger generation to always respect and appreciate the differences that exist. \u0000Keywords: Religious Moderation, Tolerance, Religiuos Leaders, Community Leaders.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115619439","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 : 2023-05-02DOI: 10.37303/magister.v14i1.77
Novi Aprilia Rahayu, Trinah Asi Islami
The purpose of this study is to determine the existence of standard clauses in terms of Islamic business law. The type of research is juridical-empirical which is descriptive-qualitative with primary and secondary data sources. Data collection techniques are obtained through interviews, observation and documentation. The result of the research is that the inclusion of standard clauses comes from the concept of khiyar. This is in accordance with its structural principles. Thus, the sale and purchase transactions that occur between business actors and consumers do not harm each other. Warung Makan Geprek Jombang does not apply standard clauses in Islamic business law because in practice Warung Makan Geprek Jombang does not fulfill the existing standard clauses. The sale and purchase of Warung Makan Geprek Jombang has fulfilled the pillars and conditions set by the Jumhur Ulama. So this sale and purchase is valid when viewed from the pillars and conditions of buying and selling. The validity of buying and selling is not only viewed from the pillars and conditions, but must be seen from various aspects. In Islam, a sale and purchase like this is classified as a conditional sale and purchase. Keywords: Application of Standard Clauses, Sale and Purchase, Business Law
{"title":"KLAUSUL BAKU PRASYARAT JUAL BELI MAKANAN DITINJAU DARI HUKUM BISNIS ISLAM","authors":"Novi Aprilia Rahayu, Trinah Asi Islami","doi":"10.37303/magister.v14i1.77","DOIUrl":"https://doi.org/10.37303/magister.v14i1.77","url":null,"abstract":"The purpose of this study is to determine the existence of standard clauses in terms of Islamic business law. The type of research is juridical-empirical which is descriptive-qualitative with primary and secondary data sources. Data collection techniques are obtained through interviews, observation and documentation. The result of the research is that the inclusion of standard clauses comes from the concept of khiyar. This is in accordance with its structural principles. Thus, the sale and purchase transactions that occur between business actors and consumers do not harm each other. Warung Makan Geprek Jombang does not apply standard clauses in Islamic business law because in practice Warung Makan Geprek Jombang does not fulfill the existing standard clauses. The sale and purchase of Warung Makan Geprek Jombang has fulfilled the pillars and conditions set by the Jumhur Ulama. So this sale and purchase is valid when viewed from the pillars and conditions of buying and selling. The validity of buying and selling is not only viewed from the pillars and conditions, but must be seen from various aspects. In Islam, a sale and purchase like this is classified as a conditional sale and purchase. \u0000Keywords: Application of Standard Clauses, Sale and Purchase, Business Law","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127277993","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 : 2023-05-02DOI: 10.37303/magister.v14i1.75
Vivi Sylvia Purborini
Micro, small and medium enterprises (MSMEs) have become one of the benchmarks for economic development in Indonesia, especially during the Covid-19 pandemic. The legality aspect for pastry business actors is Home Industry Food (PIRT) and Business Identification Number (NIB). The author analyzes the importance of the legality of PIRT and NIB for pastry business actors. The research method in this study is legal research using a normative approach, with a descriptive research type. Pastry business actors who have NIB and PIRT have the opportunity to market their products to a wider range, and can be included in government goods and services procurement programs, also when business actors need additional capital and need credit, business legality documents are one of the requirements and at a further level, business actors can take care of BPOM and Halal certification. Keywords: Importance, PIRT, NIB, Pastry Business Actors
{"title":"PENTINGNYA LEGALITAS PIRT DAN NIB BAGI PELAKU USAHA KUE KERING","authors":"Vivi Sylvia Purborini","doi":"10.37303/magister.v14i1.75","DOIUrl":"https://doi.org/10.37303/magister.v14i1.75","url":null,"abstract":"Micro, small and medium enterprises (MSMEs) have become one of the benchmarks for economic development in Indonesia, especially during the Covid-19 pandemic. The legality aspect for pastry business actors is Home Industry Food (PIRT) and Business Identification Number (NIB). The author analyzes the importance of the legality of PIRT and NIB for pastry business actors. The research method in this study is legal research using a normative approach, with a descriptive research type. Pastry business actors who have NIB and PIRT have the opportunity to market their products to a wider range, and can be included in government goods and services procurement programs, also when business actors need additional capital and need credit, business legality documents are one of the requirements and at a further level, business actors can take care of BPOM and Halal certification. \u0000Keywords: Importance, PIRT, NIB, Pastry Business Actors","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116192411","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 : 2023-04-08DOI: 10.37303/magister.v14i1.73
Rahmat Gm Manik, Samariadi Samariadi
Technological innovations with financial features continue to emerge, marking the momentum of transformation in the financial world. Fintech Lending or Fintech Peer to peer Lending is a money lending and borrowing service in the financial sector with the use of information technology, this type provides loans for people's urgent needs. This technology-based financial service offers financial products that provide hope for people who need money. The effects that occur are problems for recipients of online loan funds because they are unable to pay so they are trapped in debt and the risk of defaulting on loans or known as "GalBay". The purpose of this research is to find out the binding that is born, the legal consequences and legal responsibilities of recipients of information technology-based joint funding service loans who default. The research method used is normative legal research, namely library law research including legal principles, and legal synchronization. The results of the research, regarding the binding on information technology-based joint funding services, namely the agreement made until the default committed by the recipient of the funds. The legal consequences of recipients of information technology-based joint funding services making default or default, are getting a warning from the Funder, will receive a penalty and interest expense according to the agreement on the electronic contract, Collection from other parties in collaboration with the Funder will be included in the SLIK blacklist of the Financial Services Authority. Meanwhile, the responsibility that can be imposed on the recipient of funds is that they are still obliged to pay off all loan installments along with penalty obligations in accordance with the agreed electronic agreement. The responsibility ends if the customer who defaults or fails to pay fulfills his obligations
具有金融特色的科技创新不断涌现，标志着金融世界的转型势头。金融科技借贷(Fintech Lending或Fintech Peer to Peer Lending)是金融领域利用信息技术提供的一种资金借贷服务，这种类型为人们的迫切需求提供贷款。这种以技术为基础的金融服务提供金融产品，为需要钱的人带来希望。所发生的影响对网络贷款资金的接受者来说是一个问题，因为他们无法支付，因此他们陷入债务和贷款违约的风险，即所谓的“GalBay”。本研究的目的在于了解信息技术型联合融资服务贷款受贷人违约时所产生的约束、法律后果和法律责任。研究方法为规范法学研究，即图书馆法研究，包括法理研究和法律同步研究。研究结果表明，关于以信息技术为基础的联合出资服务的约束性，即在违约之前所达成的协议，由受援方承担。以资讯科技为基础的联合资助服务的受助人违约或违约的法律后果，将受到资助者的警告，将根据电子合同的协议收到罚款和利息费用，与资助者合作向其他各方收取的款项将被列入金融服务管理局的SLIK黑名单。同时，可以强加给资金接受者的责任是，他们仍然有义务按照商定的电子协议偿还所有贷款分期付款以及罚款义务。如果客户违约或未能付款，则责任终止
{"title":"AKIBAT HUKUM PENERIMA DANA LAYANAN PENDANAAN BERSAMA BERBASIS TEKNOLOGI INFORMASI GAGAL BAYAR","authors":"Rahmat Gm Manik, Samariadi Samariadi","doi":"10.37303/magister.v14i1.73","DOIUrl":"https://doi.org/10.37303/magister.v14i1.73","url":null,"abstract":"Technological innovations with financial features continue to emerge, marking the momentum of transformation in the financial world. Fintech Lending or Fintech Peer to peer Lending is a money lending and borrowing service in the financial sector with the use of information technology, this type provides loans for people's urgent needs. This technology-based financial service offers financial products that provide hope for people who need money. The effects that occur are problems for recipients of online loan funds because they are unable to pay so they are trapped in debt and the risk of defaulting on loans or known as \"GalBay\". The purpose of this research is to find out the binding that is born, the legal consequences and legal responsibilities of recipients of information technology-based joint funding service loans who default. The research method used is normative legal research, namely library law research including legal principles, and legal synchronization. The results of the research, regarding the binding on information technology-based joint funding services, namely the agreement made until the default committed by the recipient of the funds. The legal consequences of recipients of information technology-based joint funding services making default or default, are getting a warning from the Funder, will receive a penalty and interest expense according to the agreement on the electronic contract, Collection from other parties in collaboration with the Funder will be included in the SLIK blacklist of the Financial Services Authority. Meanwhile, the responsibility that can be imposed on the recipient of funds is that they are still obliged to pay off all loan installments along with penalty obligations in accordance with the agreed electronic agreement. The responsibility ends if the customer who defaults or fails to pay fulfills his obligations","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126795370","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 : 2023-04-08DOI: 10.37303/magister.v14i1.72
Hamidah Izzatu Laily, M. Anwar
The covering of the trial in court by the mass media raises pros and cons, even raising allegations of an attempt to weaken press freedom. This research tries to find out the dynamics of regulation of press freedom in the trial and the importance of it. In order to answer these problems, the authors conducted research using normative juridical research methods. The results of this study indicate that regulations related to media coverage in trials are often changed by the government or by the court. It has been noted that the statutory regulations governing this matter have been amended several times. On the other hand, there is an important reason why the press needs freedom to report on disputes, namely because the press institution is the fourth pillar of democracy, one of which is social control (the media as a watchdog). Keywords: press freedom, trial coverage regulation, court.
{"title":"TARIK ULUR KEBEBASAN PERS DI DALAM RUANG PERSIDANGAN","authors":"Hamidah Izzatu Laily, M. Anwar","doi":"10.37303/magister.v14i1.72","DOIUrl":"https://doi.org/10.37303/magister.v14i1.72","url":null,"abstract":"The covering of the trial in court by the mass media raises pros and cons, even raising allegations of an attempt to weaken press freedom. This research tries to find out the dynamics of regulation of press freedom in the trial and the importance of it. In order to answer these problems, the authors conducted research using normative juridical research methods. The results of this study indicate that regulations related to media coverage in trials are often changed by the government or by the court. It has been noted that the statutory regulations governing this matter have been amended several times. On the other hand, there is an important reason why the press needs freedom to report on disputes, namely because the press institution is the fourth pillar of democracy, one of which is social control (the media as a watchdog). \u0000Keywords: press freedom, trial coverage regulation, court.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128823872","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 : 2022-11-01DOI: 10.37303/magister.v13i2.70
Paulus Febryanus Riang Borot, A. Pramono
The purpose of this paper is to analyze the effectiveness of the relationship between Article 289 of the Criminal Code and dating in the millennial era. This research uses a statutory approach and a conceptual approach. The results showed that the ineffectiveness of article 289 of the Criminal Code with dating in the millennial era. This is because times are changing, changes in the concept of courtship are also shaped by the mindset of most teenagers who do not want to be considered a child but will be more proud if they are considered an adult. So there is also a view that sexual behavior is considered a symbol of maturity status. There is still a perspective among law enforcement officials that sexual violence occurs because of willingness (mutual consent). The victim's condition is also exacerbated by patriarchal views that often see women as the cause or trigger of sexual violence. Keywords: 289 KUHP, Millennial Era Dating
{"title":"EFEKTIFITAS HUBUNGAN PASAL 289 KUHP DENGAN PACARAN DI ERA MILENIAL","authors":"Paulus Febryanus Riang Borot, A. Pramono","doi":"10.37303/magister.v13i2.70","DOIUrl":"https://doi.org/10.37303/magister.v13i2.70","url":null,"abstract":"The purpose of this paper is to analyze the effectiveness of the relationship between Article 289 of the Criminal Code and dating in the millennial era. This research uses a statutory approach and a conceptual approach. The results showed that the ineffectiveness of article 289 of the Criminal Code with dating in the millennial era. This is because times are changing, changes in the concept of courtship are also shaped by the mindset of most teenagers who do not want to be considered a child but will be more proud if they are considered an adult. So there is also a view that sexual behavior is considered a symbol of maturity status. There is still a perspective among law enforcement officials that sexual violence occurs because of willingness (mutual consent). The victim's condition is also exacerbated by patriarchal views that often see women as the cause or trigger of sexual violence. \u0000Keywords: 289 KUHP, Millennial Era Dating","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"37 10 Pt 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125732744","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：