{"title":"ANALISIS YURIDIS ATAS PEMBATALAN PERBUATAN HUKUM DEBITUR PAILIT (ACTIO PAULINA) DIKAITKAN DENGAN PERAN DAN FUNGSI KURATOR","authors":"Robert Manullang, M. Taufiq","doi":"10.30997/JILL.V10I2.1495","DOIUrl":"https://doi.org/10.30997/JILL.V10I2.1495","url":null,"abstract":"The study referred to Verdict No. 1/ Actio Paulina/ 2011/ Commercial District Court of Makassar. The object of this research is to analyze the legal implications of the cancellation of legal deeds of Debtors who have been declared bankrupt and know the authority of the Curator in performing its functions and roles after the decision of bankruptcy stipulated by the court. The research method used is normative with secondary data as a data source, which analyzed qualitatively and the results are presented descriptively. The results shows the creation of legal certainty in Article 41 paragraph (1) Law Number 37 Year 2004 about Bankruptcy and Suspension of Debt Payment Liability. Moreover, it also implies to the bankrupt assets itself, to refund the money back to its original state and to be in the control of the Curator for later handling and/ or ordering of bankrupt property. In performing its functions and roles, curator’s authority is enormous. Therefore, there will be provisions on the obligations of the Curator to report all activities and policies issued to Supervisors in the future.","PeriodicalId":198634,"journal":{"name":"JURNAL ILMIAH LIVING LAW","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131917812","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}
{"title":"OPTIMALISASI BADAN PENYELESAIAN SENGKETA KONSUMEN TERHADAP SENGKETA PINJAMAN KREDIT KENDARAAN BERMOTOR DI WILAYAH BOGOR BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN","authors":"Edy Sanjaya Lase, M. Taufiq","doi":"10.30997/JILL.V10I2.1500","DOIUrl":"https://doi.org/10.30997/JILL.V10I2.1500","url":null,"abstract":"The purpose of this study are to find out and analyze the optimization of the Consumer Dispute Settlement Agency against disputes in motor vehicle credit loans in the Bogor region based on Law Number 8 of 1999 concerning Consumer Protection, and also the inhibiting factor in the optimization of BPSK against disputes in motor vehicle loan loans. The research method used in this study is normative juridical research that takes a qualitative approach. The results of this study are: the role of BPSK on disputes over motor vehicle credit loans is not optimal, it is necessary to optimize efforts for BPSK to become a fast, inexpensive and fair consumer-focused settlement institution outside the court. The inhibiting factor is the optimization of the Bogor City BPSK and Bogor Regency against disputes on motorized vehicle loans, including legislation and resources. BPSK is shackled by very complex regulations in the UUPK, even some UUPK articles actually contradict each other. Resource constraints include human resources, infrastructure and budgeting.","PeriodicalId":198634,"journal":{"name":"JURNAL ILMIAH LIVING LAW","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132596011","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}
{"title":"PERLINDUNGAN KONSUMEN ATAS BARANG YANG TIDAK SESUAI DENGAN PERJANJIAN DALAM PERDAGANGAN ELEKTRONIK DIKAITKAN DENGAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK","authors":"Herlina Setiani, M. Taufiq","doi":"10.30997/JILL.V10I2.1497","DOIUrl":"https://doi.org/10.30997/JILL.V10I2.1497","url":null,"abstract":"The purpose of this study are: 1) To know and analyze the legal protection of consumers on goods that are not in accordance with the agreement in electronic commerce and 2) the responsibility of business actors in providing compensation for goods that are not in accordance with the agreement in electronic commerce . The research method used is normative juridical research that performs a qualitative approach that sees and analyzes the legal norms in the existing legislation. The results are: 1) Consumer protection of goods is not in accordance with the agreement in electronic commerce, which can be carried out by filing a default, for legal reasons not fulfilled the obligations of business actors in the electronic agreement. The non-fulfillment of this obligation means that there has been a violation of the rights of the other party (the buyer) and the legal consequence is causing the loss, 2) The responsibility of business actors in giving compensation for goods not in accordance with the agreement in electronic trading has not been regulated specifically in UUPK and UU ITE, but principally business actors may be held liable in electronic transactions through contractual liability relating to the loss suffered by consumers.","PeriodicalId":198634,"journal":{"name":"JURNAL ILMIAH LIVING LAW","volume":"244 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115223650","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}
{"title":"PERLINDUNGAN HUKUM BAGI PEKERJA TAMBANG GALIAN C DALAM PERSPEKTIF PENGUPAHAN DAN KESEJAHTERAAN PEKERJA DI WILAYAH PROVINSI JAWA BARAT","authors":"Pepen Rustam, Martin Roestamy","doi":"10.30997/JILL.V10I2.1496","DOIUrl":"https://doi.org/10.30997/JILL.V10I2.1496","url":null,"abstract":"Legal protection for Site C Miners is element that is implied in Article 27 of Undang-Undang Dasar 1945 where it is written that every citizen is equal in the eye of the law and have to obey the law. It also says that every citizen has rights for job and welfare in the name of humanity. The purposes of the research in Site C Mine in West Bandung Regency, Cianjur, Bogor Regency, West Java, are only to find out about Law Protection of Waging System and Welfare and whether the company of the Site C Mine follows the rule of minimum wage that is regulated in West Java region. The results of the research are for the miners of Site C Mine in 3 (three) regencies of West Java, the company already follows the rules and the Labor Law. However, according to research, there are workers who already work for 1 (one) year and get 12 (twelve) days of annual leave without cutting the wage. This thing is only applied to permanent workers, but not to outsource workers even though they already work for the company for years, and still be given welfare every year.","PeriodicalId":198634,"journal":{"name":"JURNAL ILMIAH LIVING LAW","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127436267","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}