Jurnal Akta Pub Date : 2022-12-24 DOI: 10.30659/akta.v9i4.27980

Taufan Fajar Riyanto, M. Taufiq

{"title":"The Re-Narrate the Relevance of Justice in Debtor Protection Related to the Parate Execution Carried Out by Separatist Creditors","authors":"Taufan Fajar Riyanto, M. Taufiq","doi":"10.30659/akta.v9i4.27980","DOIUrl":"https://doi.org/10.30659/akta.v9i4.27980","url":null,"abstract":"The existence of Articles 55 and 56 of Act No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the implementation of bankruptcy carried out by separatist creditors against creditors is weak. This is due to the absence of legal remedies that can be taken by debtors during bankruptcy has been found to have happened to him. Therefore, it is necessary to have a disposition of justice in protecting debtors from the rights of separatist creditors. The implementation of bankruptcy as referred to in Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to the debtor, considering that the two articles are only based on the existence of debt from the debtor and are related to the position of solvent or insolvency based on the creditor's view. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt, it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) The factors that have resulted in bankruptcy law so far have not been fair to debtors are legal factors, namely in the form of the provisions of Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors. The law even though is widely known that the door to justice in bankruptcy cases is the judge's decision. 3) It is necessary to reconstruct Article 55 and Article 56 of Act No. 37 of 2004. So that the provisions of Article 55 and Article 56 of Act No. 37 of 2004 read: Article 55 of Act No. 37 of 2004: 1) Due to observance of the provisions as referred to in Article 56, Article 57, and Article 58, each Creditor holding a lien, fiduciary guarantee, mortgage, mortgage, or other collateral right, may exercise his rights as if there had been no bankruptcy.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121227342","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 Predatory Pricing Practice: The Challenges of Business Competition Law on Ride-Hailing Tariff’s War 掠夺性定价行为:网约车价格战中商业竞争法的挑战

Jurnal Akta Pub Date : 2022-12-24 DOI: 10.30659/akta.v9i4.25511

Marwah Marwah

{"title":"The Predatory Pricing Practice: The Challenges of Business Competition Law on Ride-Hailing Tariff’s War","authors":"Marwah Marwah","doi":"10.30659/akta.v9i4.25511","DOIUrl":"https://doi.org/10.30659/akta.v9i4.25511","url":null,"abstract":"The predatory pricing is inherently a dynamic strategy typically taking place in a single market, whereby a firm incurs a sacrifice in the short run to exclude competitors, in order to acquire a dominant position. In order to establish fair business growth and ensure equal business opportunities, a healthy environment for the business competition is highly needed. Since 2014, the market share of the ride-hailing sector in Indonesia has been dominated by three providers, namely Grab, Gojek, and Maxim. The three companies provide subsidies and discounts on services-price so that users' rates are cheaper than conventional taxis. This certainly has led to unfair competition and is very detrimental to conventional taxi. This research is normative juridical research that uses a statutory approach and a conceptual approach to analyze the alleged predatory pricing practices in the ride-hailing industry in Indonesia from the perspective of business competition law. The results show that the imposition of unfair prices can be seen from prices gap shown in the application with prices imposition, which should be based on travel distance in order to acquire a dominant position allowing it to recoup its losses and earn supracompetitive profits in the long run. This pattern of sacrifice-then-recoupment is found in the case law as well.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124234085","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 Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public 公证员伪造买卖约束协议的法律含义

Jurnal Akta Pub Date : 2022-12-24 DOI: 10.30659/akta.v9i4.27920

Tetti Samosir, Indah Harlina, F. Akbar

{"title":"The Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public","authors":"Tetti Samosir, Indah Harlina, F. Akbar","doi":"10.30659/akta.v9i4.27920","DOIUrl":"https://doi.org/10.30659/akta.v9i4.27920","url":null,"abstract":"The notary is a public official who is authorized to make authentic deeds, in which the obligation of a notary in carrying out his position must act honestly, reliably, independently, impartially, thoroughly, and safeguard the interests of the parties involved in legal actions. This is known as the precautionary principle for a notary in carrying out his position as a public official. The purpose of this writing is to examine the legal implications of counterfeiting and the responsibility of a notary to the binding sale and purchase agreement he made. The research method used in this paper is normative juridical with a statutory and case study approach. The results and findings obtained after conducting research and analysis of the problems in this paper, namely the legal impact due to the negligence of a notary in making a binding sale and purchase agreement because to forgery, so that the legal consequences of these PPJB are void, this is because it is not in accordance with the legal requirements of an agreement as stated in Article 1320 of the Civil Code, namely those relating to lawful causes. This happens because the notary in carrying out his authority does not carry out his obligations related to the principle of precautionary, therefore the notary must be responsible for his actions that have been carried out in accordance with the law and code of ethics. So it can be concluded that the deed made by the notary is null and void and is not an authentic deed but a private deed.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126556010","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 Implementation of a Complete Systematic Land Registration Program to Realize Legal Protection and Public Welfare 实施完整系统的土地登记程序，实现法律保护和公共福利

Jurnal Akta Pub Date : 2022-12-15 DOI: 10.30659/akta.v9i4.26757

Nareswari Kencana, Liza Priandhini

{"title":"The Implementation of a Complete Systematic Land Registration Program to Realize Legal Protection and Public Welfare","authors":"Nareswari Kencana, Liza Priandhini","doi":"10.30659/akta.v9i4.26757","DOIUrl":"https://doi.org/10.30659/akta.v9i4.26757","url":null,"abstract":"Land registration is one of the government's efforts to overcome land problems in Indonesia. One of the government's programs in an effort to maximize land registration in Indonesia is through a complete systematic land registration (PTSL) program/policy to ensure legal certainty and protection in order to create prosperity in the land sector for the community. Therefore this study aims to examine the problems that often occur in the implementation of PTSL in South Tangerang City and provide input regarding the concept of law enforcement for the implementation of PTSL so that it can run optimally. This research is an empirical juridical research with a form of diagnostic and descriptive research using two data collection tools, namely the study of documents or library materials, and interviews with South Tangerang City ATR/BPN officials and the community. The results of the study show that there are many problems in the implementation of PTSL in South Tangerang City caused by the not yet optimal Legal Structure and Legal Culture besides that there are also many technical obstacles. Second, the enforcement efforts that can be carried out are improvements in legal structure and legal culture, including increasing the number of PTSL officers and providing massive education to the public about the importance of land registration and the legal consequences received when committing fraud in land registration.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123058474","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

The Implementation of Legal Position Regulation of Head of Services/Agency in Local Government 地方政府服务/机构负责人法律地位规定的实施

Jurnal Akta Pub Date : 2022-12-15 DOI: 10.30659/akta.v9i4.27505

Permadi Setyonagoro, T. Alfath, Slamet Hari Sutanto, Galih Puji Mulyono

{"title":"The Implementation of Legal Position Regulation of Head of Services/Agency in Local Government","authors":"Permadi Setyonagoro, T. Alfath, Slamet Hari Sutanto, Galih Puji Mulyono","doi":"10.30659/akta.v9i4.27505","DOIUrl":"https://doi.org/10.30659/akta.v9i4.27505","url":null,"abstract":"The modern rule of law is a basic concept in every government activity. In the development of state administration, government activities are no longer just implementing laws as described in the trias politica concept, but also attaching the authority to make regulations, a decision that is regulating as a legal forum for policies issued. This study aims to analyze the legal position of the head of service/agency regulations that have been used in the administration of local government. The research method used is legal research with a statue approach, and a conceptual approach. The result of this research is that the regulation of the head of the service/agency does not have a position in the legislation as intended in the Act. This study is a normative juridical study, which is aimed at examining legal principles, legal systematics, research on vertical and horizontal synchronization, legal comparisons, and legal history. The result of this research is that the regulation of the head of the service/agency that administers the regional government does not have a legal position in the hierarchy of laws and regulations as regulated in the Act. Material and formal regulations of the head of service/agency are not legal products that contain rageling material. The regulation issued as a form of discretion by the head of the service/agency should only be in the form of a circular letter.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115472998","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

The Analysis of Islamic Law About The Differences of Friday Sermon with The Two Azan 伊斯兰教法对星期五布道与两个礼拜之差异的分析

Jurnal Akta Pub Date : 2022-11-29 DOI: 10.30659/akta.v9i4.27663

Yahya Zainul Muarif

引用次数: 0

The Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee 作为信义担保对象的知识产权转让

Jurnal Akta Pub Date : 2022-10-18 DOI: 10.30659/akta.v9i3.26756

Anis Mashdurohatun., G. Gunarto, A. Susilo

{"title":"The Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee","authors":"Anis Mashdurohatun., G. Gunarto, A. Susilo","doi":"10.30659/akta.v9i3.26756","DOIUrl":"https://doi.org/10.30659/akta.v9i3.26756","url":null,"abstract":"The transfer in Intellectual Property Rights (IPR) \"can be transferred or transferred\" only economic rights. The transfer must be made clearly and in writing either with or without a notarial deed so that the transfer must be based on an agreement. This study aims to examine and analyze the transfer of intellectual property rights in the property law system, and to analyze the transfer of intellectual property rights as objects of fiduciary guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The types of data used are primary and secondary data. Techniques for collecting data, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research that is conducted directly on the object under study by conducting interviews with research resource persons. The data analysis used is qualitatively inductive. The results of the study found that intellectual property rights as object law in Article 499 and Article 507 of the Civil Code so that intellectual property rights are transferred as objects of fiduciary guarantees through agreements, in accordance with the main agreement. Furthermore, the transfer of IPR as a fiduciary guarantee, of course, underlies the transfer of property rights in accordance with the provisions of the Civil Code, the law on intellectual property rights and the law on fiduciary guarantees, which have been stated in the agreement clause authentically.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115804861","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

The Public-Private Partnership as Legal Instrument in the State and Regional Property Management: Challenges and Development 公私伙伴关系作为国家和地区财产管理的法律工具:挑战与发展

Jurnal Akta Pub Date : 2022-10-14 DOI: 10.30659/akta.v9i3.25174

M. I. Arisaputra, I. Irwansyah, A. Ilyas, A. Yunus

{"title":"The Public-Private Partnership as Legal Instrument in the State and Regional Property Management: Challenges and Development","authors":"M. I. Arisaputra, I. Irwansyah, A. Ilyas, A. Yunus","doi":"10.30659/akta.v9i3.25174","DOIUrl":"https://doi.org/10.30659/akta.v9i3.25174","url":null,"abstract":"This research aims to know the dynamics of the development of people’s lives are getting more advanced and the government's burden as the government administrator is increasing. This research is legal research using the statutory and conceptual approaches. This paper provides information on the latest trend in research. The results show that all State or regional property is used to maximize public services. Even some State/regional properties should be able to be enjoyed by the public. The existence of the Government and Private Entity Cooperation as one of the legal figures, which is a model of cooperation financing for the provision of infrastructure for State/regional property, in the end, actually raises legal problems related to its management. The conclusion show that the most important problem is the Government and Private Entity Cooperation, the potential for merging of public and private affairs that may participate in the provision of commercial facilities. Ideally, the Government and Private Entity Cooperation are intended to provide social and economic infrastructure in the context of public services.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134047661","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 Position of Traditional Law as a Source of Law in the Civil Law System in Indonesia 传统法在印尼大陆法系中的渊源地位

Jurnal Akta Pub Date : 2022-10-14 DOI: 10.30659/akta.v9i3.26719

Dedi Iskandar, Nelvitia Purba, I. Batubara, Yeltriana Yeltriana

引用次数: 0

The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary “暂时缺席”履行公证员职务的含义

Jurnal Akta Pub Date : 2022-10-14 DOI: 10.30659/akta.v9i3.22340

I. Sujana, I. M. P. Dharsana, Ni Putu Isma Cahyanti

{"title":"The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary","authors":"I. Sujana, I. M. P. Dharsana, Ni Putu Isma Cahyanti","doi":"10.30659/akta.v9i3.22340","DOIUrl":"https://doi.org/10.30659/akta.v9i3.22340","url":null,"abstract":"This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary. ","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128973902","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

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