Syiah Kuala Law Journal最新文献_第4页

Attempt of Lawsuit by The Debtor to Delay The Implementation of The Auction of The Object of Liability 债务人拖延责任标的拍卖执行的诉讼企图

Syiah Kuala Law Journal Pub Date : 2021-12-31 DOI: 10.24815/sklj.v5i3.24299

Muhammad Irvan Hidayana, Ilyas Ismail, Muazzin Muazzin

{"title":"Attempt of Lawsuit by The Debtor to Delay The Implementation of The Auction of The Object of Liability","authors":"Muhammad Irvan Hidayana, Ilyas Ismail, Muazzin Muazzin","doi":"10.24815/sklj.v5i3.24299","DOIUrl":"https://doi.org/10.24815/sklj.v5i3.24299","url":null,"abstract":"The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131935607","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

Submission of Copy of Determination Order Regarding The Provisional Discontinuation of Civil Servants 提交关于暂时中止聘用公务员的裁定令副本

Syiah Kuala Law Journal Pub Date : 2021-12-31 DOI: 10.24815/sklj.v5i3.24185

Isfandika Isfandika, M. Din, I. Jauhari

引用次数: 0

The Criminal Offence of Child-on-Child Abuse With a Fatal Outcome 虐待儿童并造成致命后果的刑事罪行

Syiah Kuala Law Journal Pub Date : 2021-12-31 DOI: 10.24815/sklj.v5i3.23353

Cut Firna Salsalia, Rizanizarli Rizanizarli

{"title":"The Criminal Offence of Child-on-Child Abuse With a Fatal Outcome","authors":"Cut Firna Salsalia, Rizanizarli Rizanizarli","doi":"10.24815/sklj.v5i3.23353","DOIUrl":"https://doi.org/10.24815/sklj.v5i3.23353","url":null,"abstract":"This research aims to analyse the legal protection for the child offenders in criminal offence of abuse with a fatal outcome, the judge's considerations in imposing imprisonment for the offence and the obstacles in the crime. Data obtained through empirical legal research. This research uses primary data obtained from empirical legal research in the form of interviews with respondents and informants and combines legal materials such as textbooks, theories, laws and regulations which are considered as secondary data. The results of the research showed that the legal protection provided to the child convicts is in the form of identity confidentiality, is treated well during the investigation process, is placed in a special place, the Judges in making considerations always refer to the mitigating factors such as the juvenile's age, the juvenile's mental state, the juvenile's background, the juvenile's family attitude and aggravating things such as a bad juvenile's life history and parents who are unable to educate them.. The things that indirectly hinder the process of settling this case are the parents negligence, lack of cooperation from both parties, and also the influence of gadgets. It is recommended to the law enforcement officers and Juvenile’s Special Development Institute should continue to cooperate in carrying out legal protection for child perpetrators according to applicable rules, the judge before imposing a prison sentence should prioritize the best interests of the child and to parents should contributing better in control the children's behavior.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130522624","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

Overview of Thesis Writing Guidelines for The Faculty of Law, Syiah Kuala University and Its Relation to Johny Ibrahim's Normative Legal Research Methods 马来西亚大学法学院论文写作指南综述及其与易卜拉欣规范法律研究方法的关系

Syiah Kuala Law Journal Pub Date : 2021-12-31 DOI: 10.24815/sklj.v5i3.22967

B. Bakti, M. Saleh

引用次数: 0

The Standings of Tax Receivables in Bankruptcy Cases : A Study on Managing and Settling Assets 破产案件中应收款的地位:资产管理与清算研究

Syiah Kuala Law Journal Pub Date : 2021-12-31 DOI: 10.24815/sklj.v5i3.23347

S. Sunarmi, Detania Sukarja, T. Lubis

{"title":"The Standings of Tax Receivables in Bankruptcy Cases : A Study on Managing and Settling Assets","authors":"S. Sunarmi, Detania Sukarja, T. Lubis","doi":"10.24815/sklj.v5i3.23347","DOIUrl":"https://doi.org/10.24815/sklj.v5i3.23347","url":null,"abstract":"The state's privilege right to tax receivables in bankruptcy cases is regulated differently under various laws and court decisions in Indonesia. In general, tax receivables in bankruptcy have privilege position over other creditors, including secured creditors such as banks, mortgage holders, fiduciary guarantees and finance companies, preferential creditors and concurrent creditors. The creditor’s tax debt to the state should be paid first before any payment to other creditors. However, the Director General of Tax under the Ministry of Finance of the Republic of Indonesia often faces problems in claiming the payment as the Ministry claims for the payment are always rejected by the Court. Each of the existing legal rules and decisions provides different answers to this problem, resulting in legal uncertainties. This research is conducted using the normative juridical approach and supported by the empirical analysis. The data collection is conducted by document studies and supported by court decisions. This research aims to inquire and analyse the position of tax receivables in the distribution of bankruptcy estate of debtors among other creditors, the role of the curators, both state and private curators, in the bankruptcy estate distribution in order to find a legal solution to the aforementioned issue according to the normative legal provisions that apply.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129229624","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 Effectiveness of Legal Protection on The Wage of Workers in Small Medium Enterprises in The Culinary Sector 烹饪行业中小企业工人工资法律保护的有效性

Syiah Kuala Law Journal Pub Date : 2021-08-30 DOI: 10.24815/sklj.v5i2.21291

N. Laily, Elza Syarief, Winda Fitri, Sudisno Sudisno

{"title":"The Effectiveness of Legal Protection on The Wage of Workers in Small Medium Enterprises in The Culinary Sector","authors":"N. Laily, Elza Syarief, Winda Fitri, Sudisno Sudisno","doi":"10.24815/sklj.v5i2.21291","DOIUrl":"https://doi.org/10.24815/sklj.v5i2.21291","url":null,"abstract":"The problem of inequality related to wages for workers in a society that we often encounter must be resolved. So, this study aims to determine the effectiveness of the application of the Labor Law on wages of Small and Medium Enterprises workers in the culinary sector in Batam, as well as to see the obstacles that occur in the implementation of wages of Small and Medium Enterprises workers in the culinary sector of Batam City. This reserach is empirical research that is based on events that have occurred in the field regarding the application of the law through a series of observations, interviews with competent government officials, small and medium enterprises in the culinary sector. This research shows that the wages received by most of the Small and Medium Enterprises workers in the culinary sector in Batam City are not feasible, such as the absence of a work agreement as mandated by the Labor Law. This can occur because the Manpower Law does not explicitly accommodate the interests of Small and Medium Enterprises workers in the culinary sector, then the government's lack of awareness in preparing skilled workers, and the low quality of education of workers.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114868662","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

A Critical Review on The Job Creation Omnibus Law-Forming Process 就业创造综合法律形成过程述评

Syiah Kuala Law Journal Pub Date : 2021-08-30 DOI: 10.24815/sklj.v5i2.21605

Bobi Yusuf Noor Fajar, Zaid Zaid

{"title":"A Critical Review on The Job Creation Omnibus Law-Forming Process","authors":"Bobi Yusuf Noor Fajar, Zaid Zaid","doi":"10.24815/sklj.v5i2.21605","DOIUrl":"https://doi.org/10.24815/sklj.v5i2.21605","url":null,"abstract":"This study aims to conduct a critical study of the process of formulating the \"omnibus law\" on job creation from the perspective of legal politics and good governance through a normative method using a conceptual and statute approach and utilizing secondary and primary legal materials which are then critically analyzed through prescription. The results of this study ultimately conclude that from a legal political perspective, the process of forming this law is very problematic and procedurally flawed. In addition, this law is a response from policymakers who are political in nature to a complex situation which in fact creates complex derivative problems as well. This is inseparable from the nature of the omnibus law itself, which lacks democracy, participation, reduces accuracy and prudence in its preparation, and has the potential to exceed the provisions in the constitution. Therefore, based on the good governance point of view, the process of forming the Omnibus Law on Job Creation has not fulfilled the principles of good governance in the form of the principles of legitimacy, transparency, accountability, responsiveness, and the rule of law. The principles of effectiveness and efficiency in the principles of good governance in this Law can still be considered","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130759196","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: 1

Form of Abuse of The Position of Notary in Participations for Making a Sales Buying Agreement Which Causes Loss 参与买卖合同中公证员职务滥用造成损失的形式

Syiah Kuala Law Journal Pub Date : 2021-08-30 DOI: 10.24815/sklj.v5i2.22131

M. Riski, H. Purba, S. Suprayitno, T. A.

引用次数: 0

Analytical Approach on the Law Regarding Sexual Violence between Indonesia and the United Kingdom 印度尼西亚与联合王国关于性暴力的法律分析方法

Syiah Kuala Law Journal Pub Date : 2021-08-30 DOI: 10.24815/sklj.v5i2.21482

Irvanaries Irvanaries, David Tan

{"title":"Analytical Approach on the Law Regarding Sexual Violence between Indonesia and the United Kingdom","authors":"Irvanaries Irvanaries, David Tan","doi":"10.24815/sklj.v5i2.21482","DOIUrl":"https://doi.org/10.24815/sklj.v5i2.21482","url":null,"abstract":"Criminal deeds bring disaster to the life of the people in general, and rights of many are to be stripped of from them without their consent which is then becomes the urgency on why criminal law needs to be enacted and applied. In its provisions, criminal law regulates about sexual violences. It has a potential to caused harm both physically and mentally towards its victim. However, the problem with the system is that at some point, the ideal justice is not met in its enforcement. Indonesian constitution is yet to enact a regulation to restrain or to impose more assertive measures on sexual violences. One of the examples is how rape is recognized only if the victim is a woman who is not the wife of the perpetrator. This idea does not fully protect the right of others who becomes a victim of sexual assault which doesn’t fulfil the ideal justice within the constitution. Comparing to how the United Kingdom sentenced Reinhard Sinaga to prison for life as the consequences of his deed, the authors want to create a comparison on the criminal law in both countries based on Rome Statute of ICC and to discover in what way can Indonesia’s criminal law improve.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114777662","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

Crimination of Criminal Activities That Caused The Influence of Liquid Drink That Happened in Indonesia 印度尼西亚发生的液体饮料影响犯罪活动的刑事定罪

Syiah Kuala Law Journal Pub Date : 2021-08-30 DOI: 10.24815/sklj.v5i2.20940

Sitta Bayti Rahma, F. U. Najicha

{"title":"Crimination of Criminal Activities That Caused The Influence of Liquid Drink That Happened in Indonesia","authors":"Sitta Bayti Rahma, F. U. Najicha","doi":"10.24815/sklj.v5i2.20940","DOIUrl":"https://doi.org/10.24815/sklj.v5i2.20940","url":null,"abstract":"The problem of inequality related to wages for workers in a society that we often encounter must be resolved. So, this study aims to determine the effectiveness of the application of the Labor Law on wages of Small and Medium Enterprises workers in the culinary sector in Batam, as well as to see the obstacles that occur in the implementation of wages of Small and Medium Enterprises workers in the culinary sector of Batam City. This reserach is empirical research that is based on events that have occurred in the field regarding the application of the law through a series of observations, interviews with competent government officials, small and medium enterprises in the culinary sector. This research shows that the wages received by most of the Small and Medium Enterprises workers in the culinary sector in Batam City are not feasible, such as the absence of a work agreement as mandated by the Labor Law. This can occur because the Manpower Law does not explicitly accommodate the interests of Small and Medium Enterprises workers in the culinary sector, then the government's lack of awareness in preparing skilled workers, and the low quality of education of workers.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133514652","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