Jurnal Daulat Hukum最新文献_第3页

The legal Consequences of Default of Parties in the Lease Agreement between PT. Kereta Api Indonesia (PT. KAI) with PT. J.Co Donuts & Coffee PT. Kereta Api Indonesia (PT. KAI)与PT. J.Co Donuts & Coffee租赁协议中各方违约的法律后果

Jurnal Daulat Hukum Pub Date : 2022-10-16 DOI: 10.30659/jdh.v5i3.23918

Nurma Khafifah, A. Silviana

{"title":"The legal Consequences of Default of Parties in the Lease Agreement between PT. Kereta Api Indonesia (PT. KAI) with PT. J.Co Donuts & Coffee","authors":"Nurma Khafifah, A. Silviana","doi":"10.30659/jdh.v5i3.23918","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.23918","url":null,"abstract":"The development of the rental business can not be denied can experience a problem along with its development, such as the problem of default that occurred between PT. J.Co Donuts & Coffee with PT. Kereta Api Indonesia (Persero). PT. J. Co Donuts & Coffee (the plaintiff) leased assets from PT. Kereta Api Indonesia (defendant) in the form of land and buildings for a period of 5 years. After the defendant made the payment for term I, the defendant did not immediately hand over the object of lease to the plaintiff to be used as a J.Co Donuts & Coffee store so this matter was brought to court. In the decision of the Supreme Court No. 211/K/PDT/2020, the judge decided that PT. KAI has defaulted by not handing over the object of the lease to PT. J.Co Donuts & Coffee. This study aims to determine the form of default and the legal consequences of the default dispute. The method used in this legal research is a normative juridical approach. The specifications used in writing this law are descriptive analytical. While the method used is a qualitative method. The results of the study indicate that the judge has decided on this case correctly, namely that the defendant has defaulted due to an error due to negligence. Furthermore, researchers also examine the legal consequences that arise in the decision of the Supreme Court no. 211/K/PDT/2020.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128402099","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}

引用次数: 0

The Assimilation and Integration Rights for Prisoners as Over Capacity Prevention Effort in the Covid-19 Pandemic Covid-19大流行中囚犯的同化和融入权作为超能力预防措施

Jurnal Daulat Hukum Pub Date : 2022-10-16 DOI: 10.30659/jdh.v5i3.23032

S. Saharuddin, Mawardi De La Cruzz, Haritsah Haritsah, R. Rahmawati, Rommi Y Hiola

{"title":"The Assimilation and Integration Rights for Prisoners as Over Capacity Prevention Effort in the Covid-19 Pandemic","authors":"S. Saharuddin, Mawardi De La Cruzz, Haritsah Haritsah, R. Rahmawati, Rommi Y Hiola","doi":"10.30659/jdh.v5i3.23032","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.23032","url":null,"abstract":"Overcapacity Prisons in Indonesia are currently at an alarming stage, including the Class II A Gorontalo Prison, data shows that the prison population is 475 inmates while the prison can only accommodate 330 inmates. Such conditions are worrying in the midst of the COVID-19 pandemic, considering that the process of spreading this virus is so fast and can be transmitted to anyone. So that in the context of preventing and dealing with Covid-19, it is impossible to implement social restrictions in prisons, for example the application of social distancing. Various efforts have been made by the government to break the chain of the spread of this virus, with the issuance of Minister of Law and Human Rights No. 10 of 2020 and Kepmenkumham No. 19 of 2020 to ensure the safety of prisoners in prisons, but in reality, it has drawn criticism and caused its own unrest in the community. The specific purpose of this research is to find out and analyze the implementation of granting assimilation and integration rights for prisoners and to find out the form of anticipating strategies for overcapacity of Class II A Gorontalo prisons during the Covid-19 pandemic. The type of research used is empirical research, namely research with field data as the main data source, such as the results of interviews and observations. The results of this study indicate that (1) the implementation of granting assimilation and integration rights for prisoners is based on the regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 10 of 2020 and the Decree of the Minister of Law and Human Rights of the Republic of Indonesia No. M.HH-19 PK.01.04.04 of 2020. (2) The strategy to anticipate over capacity by the Class II A Gorontalo Penitentiary During the Covid 19 Pandemic was taken in several stages: a) Orientation Admission, b) Orientation Assimilation, c) Orientation Integration, and d) Assimilation.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"7 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120896429","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}

引用次数: 0

The Legality of Cryptocurrency Transactions in Indonesia 印度尼西亚加密货币交易的合法性

Jurnal Daulat Hukum Pub Date : 2022-10-15 DOI: 10.30659/jdh.v5i3.26722

Alum Simbolon, Desy Indriani Grace Sinaga

{"title":"The Legality of Cryptocurrency Transactions in Indonesia","authors":"Alum Simbolon, Desy Indriani Grace Sinaga","doi":"10.30659/jdh.v5i3.26722","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.26722","url":null,"abstract":"This study aims to know the cryptocurrency is a digital currency that is used as a medium for transactions or payments between people online (peer to peer). Cryptocurrencyis a virtual currency that is protected with a secret code that is complex enough to protect and maintain the security of the value of the currency. Several types of cryptocurrencies include ethereum, ripple, litecoin, dogecoin, mrai, dashcoin, and so on. Currently, cryptocurrency is an investment instrument that is quite attractive to the public, the popularity of crypto investment itself can be seen from the increasing number of cryptocurrency investors. Therefore,The Commodity Futures Trading Supervisory Agency (CoFTRA) of the Ministry of Trade as a regulator that oversees cryptocurrencies in Indonesia has begun to tighten supervision of crypto asset trading. The research used is normative legal research with a statutory and conceptual approach. The research stages were carried out by analyzing the Commodity Futures Trading Supervisory Agency Regulation Number 7 of 2020 concerning the Determination of the List of Crypto Assets that can be Traded in the Crypto Asset Physical Market (PerCoFTRA Number 7 of 2020), and Act No. 7 of 2011 concerning Currencies, to find out cryptocurrency legality in Indonesia. The protection carried out on crypto assets is by first registering the type of cryptocurrency with CoFTRA to be analyzed and determined to be tradable or not. The determination of tradable crypto assets is carried out through the Analytical Hierarchy Process (AHP) valuation method which has several assessment criteria that must be met, where the conditions for crypto assets that can be traded on the physical asset market must be guided by CoFTRA No. 7 of 2020.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115932340","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}

引用次数: 2

The Legal Protection for Customers Using Online Loan Services 网络贷款服务客户的法律保护

Jurnal Daulat Hukum Pub Date : 2022-10-15 DOI: 10.30659/jdh.v5i3.26723

Irene Puteri A. S. Sinaga

{"title":"The Legal Protection for Customers Using Online Loan Services","authors":"Irene Puteri A. S. Sinaga","doi":"10.30659/jdh.v5i3.26723","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.26723","url":null,"abstract":"Currently, financial technology (fintech) is developing rapidly in Indonesia. The number of available fintech operating companies is increasing. The role of the Financial Services Authority is very important in supervising fintech-based companies in Indonesia in accordance with their authority in the field of financial services in general. The functions and authorities of the Financial Services Authority (in Bahasa “OJK”) are contained in Articles 4 and 5 of the Financial Services Authority Law with the aim of protecting consumers from all activities in the financial sector. This is also stated in Act No. 8 of 1999 concerning Consumer Protection (Consumer Protection Law) specifically in the field of Financial Services Products. Other rules regarding fintech supervision are contained in the Financial Services Authority Regulation Number 77/POJK. 01/2016 concerning Information Technology-Based Lending and Borrowing Services. The problem discussed is how is legal protection for customers in online loan agreements? What are the steps taken by the government to protect the rights of consumers who use illegal online loan services? The research method used is a normative juridical approach. Sources and types of research data collected by library studies include primary data, secondary data and tertiary data after being analyzed qualitatively. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from people in Indonesia in using online loan services. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from customer in Indonesia in using online loan services. Therefore, the importance of the involvement of the Financial Services Authority in providing guarantees of legal protection for the public, especially customers who use online-based lending and borrowing services.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"2009 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132679955","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}

引用次数: 0

The Imposition of the Final Transfer of Rights to Land and/or Building Tax (PPHTB) in the Sale and Purchase Binding Agreement (PPJB) 在买卖约束协议(PPJB)中征收土地权利最终转让及/或建筑税(PPHTB)

Jurnal Daulat Hukum Pub Date : 2022-10-05 DOI: 10.30659/jdh.v5i3.23916

Reza Ananda Kurniasari, S. Badriyah

引用次数: 0

The Legal Review Regarding Copyright Protection of Songs from Unauthorized Song Cover Actions 非授权翻唱行为对歌曲版权保护的法律审视

Jurnal Daulat Hukum Pub Date : 2022-10-05 DOI: 10.30659/jdh.v5i3.23078

Rachmat Satyo Krismanto, Luluk Lusiati Cahyarini

{"title":"The Legal Review Regarding Copyright Protection of Songs from Unauthorized Song Cover Actions","authors":"Rachmat Satyo Krismanto, Luluk Lusiati Cahyarini","doi":"10.30659/jdh.v5i3.23078","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.23078","url":null,"abstract":"The copyright infringement is an act prohibited by the law, in practice copyright infringement is divided into several forms of song piracy in Indonesia which results in losses from the creator and the state, therefore the government tries to enforce copyright law. Problems in writing this scientific paper are related to forms of violations, arrangements and legal protection efforts for the rights of songwriters in Indonesia. This research uses a normative juridical approach. Meanwhile, the conclusion of this study is that an activity does not include copyright infringement as long as the acts and covers related to the song's artwork are noncommercial and the creator also gets benefits without objection to the activity. On the other hand, we also need to know that there are a lot of Indonesians who cover and upload it on social media in the form of Youtube, Instagram and Tiktok. Article 43 and Article 44 of the Copyright Act explain the criteria for whether the activity meets the elements of copyright infringement or not. As for legal protection efforts, one of them is by preventing (preventive) and cracking down (repressive). One way is by socializing with the community. Although of course the government has also taken many related actions, with maximum results. But for us, it is not the wrong thing to remind each other about copyright infringement.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"940 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127002488","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}

引用次数: 0

The Dispute Settlement through International Arbitration between PT. Karaha Bodas Company against PT. Pertamina and PLN PT. Karaha Bodas Company与PT. Pertamina和PLN之间通过国际仲裁解决的争议

Jurnal Daulat Hukum Pub Date : 2022-10-05 DOI: 10.30659/jdh.v5i3.23922

Rahma Yunita Soviani, Ery Agus Priyono

{"title":"The Dispute Settlement through International Arbitration between PT. Karaha Bodas Company against PT. Pertamina and PLN","authors":"Rahma Yunita Soviani, Ery Agus Priyono","doi":"10.30659/jdh.v5i3.23922","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.23922","url":null,"abstract":"Arbitration is a dispute resolution institution that uses an adversarial approach with the result that win lose chosen as an alternative by business people. Alternative dispute resolution that is currently in demand is through arbitration because it is in line with the increase in commercial transactions in the business sector both nationally and internationally. Dispute resolution through arbitration provides benefits for the disputing parties. These advantages include the confidentiality of the disputing parties, relatively cheaper costs, a fast, efficient dispute resolution process and provide flexibility for the disputing parties. International arbitration dispute resolution has a uniqueness which adheres to the principle of final and binding (last resort and binding). An international arbitral award that has been decided abroad if it is brought to Indonesia, there are two possibilities, i.e. the International arbitral award asks to be enforced or annulled. Based on the dispute between PT. Pertamina against Karaha Bodas Company that Pertamina cannot cancel the arbitration award that has been handed down by the Swiss Arbitration Board. The reasons for rejection and cancellation are as stated in the New York Convention and the UNCITRAL Model Law.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132617189","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}

引用次数: 0

Comparison of Civil Law and Common Law in Australia and Surrounding Countries 澳洲及周边国家大陆法系与英美法系之比较

Jurnal Daulat Hukum Pub Date : 2022-09-30 DOI: 10.30659/jdh.v5i3.24389

Steffany Steffany

引用次数: 1

The Legal Due to the Naming of Street Light Taxes on Regional Taxes & Retribution 路灯税命名对地税的法律影响&报应

Jurnal Daulat Hukum Pub Date : 2022-07-26 DOI: 10.30659/jdh.v5i2.21088

Ceisar Eben Ezer Purba

{"title":"The Legal Due to the Naming of Street Light Taxes on Regional Taxes & Retribution","authors":"Ceisar Eben Ezer Purba","doi":"10.30659/jdh.v5i2.21088","DOIUrl":"https://doi.org/10.30659/jdh.v5i2.21088","url":null,"abstract":"The study describes the problem with the naming of Street Lighting Tax in Act No. 28 of 2009 which he practiced often led to multiple interpretations from the community, which then the community assumed that by paying a tax on the use or utilization of electricity, the people asked for a return in the form of providing public street lighting facilities around their settlements. Of course, the naming of Street Lighting Tax clearly raises problems and polemics that are still ongoing in the community, so it is necessary to get attention from the Government so that the naming of Street Lighting Tax can be placed in the right and correct position. The purpose of this research is more directed to determine the impact or legal consequences that occur on the naming of Street Lighting Tax in Act Number 28 of 2009. This normative legal research uses two problem approaches, namely the statute approach and the comparative approach. The conclusion in this study explains that the provisions of Article 1 number 28 jo. Article 52 of Act No. 28 of 2009 clearly results in obscure legal norms. So that the nomenclature or naming of Street Lighting Tax is a wrong thing if then the public is only asked to pay taxes on the use of electricity but then the public does not get in return for public street lighting facilities. So if it is compared in other countries such as Malaysia which uses the name Service Tax, in Germany it uses the name Electricity Tax which both provides returns in the form of service quality and electricity savings and control of environmental issues, while in the United States it uses the name Carbon Tax imbalance. It is closely related to the fuel that causes climate decline in the country. So that from this comparison there should be a change in the nomenclature of the Street Lighting Tax which in society often arises multiple interpretations.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131261136","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}

引用次数: 0

Investigation Process of Criminal Action Fraud Acceptance of Civil Servants 公务员贪污受贿刑事诉讼调查程序

Jurnal Daulat Hukum Pub Date : 2022-06-27 DOI: 10.30659/jdh.v5i2.21280

Miftah Nur Asrofi, Siti Rodhiyah Dwi Istinah, I. Maerani, S. Kusriyah

{"title":"Investigation Process of Criminal Action Fraud Acceptance of Civil Servants","authors":"Miftah Nur Asrofi, Siti Rodhiyah Dwi Istinah, I. Maerani, S. Kusriyah","doi":"10.30659/jdh.v5i2.21280","DOIUrl":"https://doi.org/10.30659/jdh.v5i2.21280","url":null,"abstract":"The purpose of this study is to find out and analyze the process of investigating criminal acts of fraud in the recruitment of civil servants at the Pacitan Police Resort. To find out and analyze the factors causing the occurrence of criminal acts of fraud against the acceptance of Candidates for Civil Servants at the Pacitan Resort Police. This study used an empirical juridical approach, with descriptive analysis research specifications. The data used in this research was secondary data. The method of data collection is obtained from literature study, then analyzed qualitatively. The results of this study are the process of investigating the fraudulent recruitment of civil servants has been running according to the procedures for the police to summon witnesses, summon suspects and confiscate in accordance with the Investigation Order. The factors that cause the occurrence of the crime of fraud against the acceptance of prospective civil servants or the PNS recruitment system, legislation and law enforcement. External factors are in a forced condition, there is an opportunity to do evil, in a certain party pressure and it is the nature of a person.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125388207","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}

引用次数: 0