Jurnal Cakrawala Hukum最新文献_第4页

Analysis of used clothing business competition with predatory pricing in the local clothing industry 本地服装行业二手服装企业掠夺性定价竞争分析

Jurnal Cakrawala Hukum Pub Date : 2022-12-28 DOI: 10.26905/idjch.v13i3.8912

Maria Eleonora Novena Pritasari

{"title":"Analysis of used clothing business competition with predatory pricing in the local clothing industry","authors":"Maria Eleonora Novena Pritasari","doi":"10.26905/idjch.v13i3.8912","DOIUrl":"https://doi.org/10.26905/idjch.v13i3.8912","url":null,"abstract":"This research intends to examine juridically about used clothes that are offered with relatively cheap quality. This business is developing in Indonesia and can even kill the local clothing industry because the price difference is very large. This clothing business can weaken the local industry in the small and medium market, especially when local entrepreneurs want to improve the quality of their products so that they cannot compete with foreign products. Sales of used clothing due to low prices indicate competitive prices. The strategy of selling products at higher prices worries the Indonesian government because it can lead to unfair business practices. The approach is normative jurisprudence, namely the study of legal basis and standards. The results of this study indicate that the sale of used clothing is not part of predatory pricing practices. However, selling used clothing at relatively low prices reduces consumer interest in local products and can hurt the economy of the local clothing industry.How to cite item: Pritasari MEN., (2022). Analysis of competition between used clothing business activities with predatory pricing in the local clothing industry. Jurnal Cakrawala Hukum, 13(3)291-299. doi:10.26905/idjch.v13i3.8912.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133152486","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

Juridical review of companies and limited liability companies 公司和有限责任公司的法律审查

Jurnal Cakrawala Hukum Pub Date : 2022-12-28 DOI: 10.26905/idjch.v13i3.6086

Henny Yunita Puranto

{"title":"Juridical review of companies and limited liability companies","authors":"Henny Yunita Puranto","doi":"10.26905/idjch.v13i3.6086","DOIUrl":"https://doi.org/10.26905/idjch.v13i3.6086","url":null,"abstract":"Limited Liability Companies are formed by at least 2 (two) founders, and their formation is based on an agreement. At the end of 2020, the government issued a law known as the Job Creation Law (after this, referred to as UUCK). UUCK was established to promote economic development and support the business environment in Indonesia. UUCK has a new form of business, individual ownership, by the nature of micro and small businesses. Sole proprietorships were established under the revised UUCK section of the Limited Liability Company Law Number 40 of 2007 (after this referred to as the UUPT), and the revised UUPT contains several provisions that can cause conflicts in the future, one of which is a merger. Greetings. However, regarding establishing an individual business entity that one person can incorporate, this provision does not fulfill the parts of the agreement mentioned in the sense of a corporation. One of the contract conditions is that it must be carried out by at least 2 (two) people. A single company with a new concept requires further research.How to cite item: Puranto, H. Y., (2022), Juridical review of companies and limited liability companies. Jurnal Cakrawala Hukum, 13(3)262-271. doi:10.26905/idjch.v13i3.6086.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117200243","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

Juridical review of construction contract disputes in Indonesia 印度尼西亚建筑合同纠纷的司法审查

Jurnal Cakrawala Hukum Pub Date : 2022-12-28 DOI: 10.26905/idjch.v13i3.8916

Supriyadi Supriyadi, Mohammad Gufron AZ, K. Indrayanti

{"title":"Juridical review of construction contract disputes in Indonesia","authors":"Supriyadi Supriyadi, Mohammad Gufron AZ, K. Indrayanti","doi":"10.26905/idjch.v13i3.8916","DOIUrl":"https://doi.org/10.26905/idjch.v13i3.8916","url":null,"abstract":"Nowadays, the method of resolving disputes through the judiciary has received very sharp criticism from practitioners and legal theorists. The roles and functions of the judiciary are considered to be heavy, slow, take a long time, cost a lot of money, unresponsive in seeing the public interest, and too formal and technical. The problem to be raised in this research is how to resolve construction work contract disputes in Indonesia as regulated in Law Number 2 of 2017 concerning construction services and how to compare construction work contract dispute resolutions through adjudication and arbitration. The results of this study are Based on the description in the Discussion section. It is concluded that the Construction Services Act only stipulates one settlement mechanism, namely dispute resolution out of court (non-litigation). Even in the Construction Work Contract, there is no room to make efforts to resolve disputes through court institutions. Thus, the philosophy (spirit) carried is the concept of a \"win-win solution.\" The stages of dispute resolution efforts include mediation, conciliation, and arbitration. Implementing mediation, conciliation, and arbitration may refer to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.How to cite item: Supriadi, S., Gufron AZ, M., Indrayanti, KW., (2022). Juridical review of construction contract disputes in Indonesia. Jurnal Cakrawala Hukum,13(3)325-336. doi:10.26905/idjch.v13i3.8916.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116180406","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 validity of the notary's self-safety clause in the notary deed 公证契据中公证员自保条款的效力

Jurnal Cakrawala Hukum Pub Date : 2022-12-28 DOI: 10.26905/idjch.v13i3.8616

Natalia Budiman, Ni Made Ayu Sekar Kinasig, Tang Monica Christina Pangandaheng, Aida Qothrin Nada

{"title":"The validity of the notary's self-safety clause in the notary deed","authors":"Natalia Budiman, Ni Made Ayu Sekar Kinasig, Tang Monica Christina Pangandaheng, Aida Qothrin Nada","doi":"10.26905/idjch.v13i3.8616","DOIUrl":"https://doi.org/10.26905/idjch.v13i3.8616","url":null,"abstract":"The results of this study show that the self-security clauses listed by the notary in the deeds did not violate the provisions of laws and regulations, especially the UUJN. That is, the clause is validly stated on the condition that the notary lists the clause based on the statements of the complainants and that the statements or statements and supporting documents as a reference for making a notarial deed are valid, so if in the future it is known that there are wrong things, then the notary can use the clause as a form of effort to secure themselves or as a form of notarial resistance if the notary is used as a witness, the suspect/defendant, the defendant/co-defendant because of the deed he made. Juridically, the notary's self-protection clause does not have the legal force to bind third parties such as prosecutors, public prosecutors, or judges, so the clause cannot provide legal immunity for the notary if the notary can indeed be proven guilty in advance of the court. The clause only applies to notaries who have carried out the position's duties, especially in doing deeds by the provisions of the UUJN and laws and regulations.How to cite item: Budiman, N., Kinasig, N.M.A.S., Pangandaheng, T.M.C., Nada, A.Q., (2022). The validity of the notary's self-safety clause in the notary deed. Jurnal Cakrawala Hukum, 13(3)300-307. doi:10.26905/idjch.v13i3.8616.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116195888","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

Legal protection for consumers whose certificates are collateralized by the developer 对由开发商担保证书的消费者的法律保护

Jurnal Cakrawala Hukum Pub Date : 2022-12-28 DOI: 10.26905/idjch.v13i3.8389

Johanes Rodo Mulia, Eko Wahyudi

{"title":"Legal protection for consumers whose certificates are collateralized by the developer","authors":"Johanes Rodo Mulia, Eko Wahyudi","doi":"10.26905/idjch.v13i3.8389","DOIUrl":"https://doi.org/10.26905/idjch.v13i3.8389","url":null,"abstract":"This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127395145","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

Sanctions for not being read out by the auction office 没有被拍卖办公室宣读的处罚

Jurnal Cakrawala Hukum Pub Date : 2022-08-01 DOI: 10.26905/idjch.v13i2.5896

I. N. G. Wijaya

{"title":"Sanctions for not being read out by the auction office","authors":"I. N. G. Wijaya","doi":"10.26905/idjch.v13i2.5896","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.5896","url":null,"abstract":"Auction minutes that the Class II Auction Officer does not read will affect their validity. The problem in this paper is about how the validity of the deed is not read out by the auction official, as well as the form of legal protection for the Class II Auction Officer for acceptable sanctions due to the auction minutes not being read out in the implementation of an electronic non-execution auction. This paper aims to analyze the validity of the deed that was not read out by the auction official in the performance of an electronic non-execution auction and a form of legal protection for Class II auction officials. This writing uses a normative juridical method with a statutory and conceptual approach. The study results indicate that the minutes of auction through the internet media have fulfilled the elements contained in Article 1868 of the Civil Code. Legal protection for Class II Auction Officials can be carried out in 2 (two) ways: preventive legal protection, namely by making new rules or improving the provisions of the old laws. Repressive legal protection is to take legal action in the form of an appeal against the Administrative Court or an appeal against the Supreme Court. In the request and cassation, repressive legal protection should be prioritized.How to cite item: Wijaya, I. N. G., (2022), Sanctions for not being read out by the auction office. Jurnal Cakrawala Hukum, 13(2). 164-174. doi:10.26905/idjch.v13i2.7741.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127004131","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

Compensation for land rights holders according to the land acquisition law 土地征用法规定的土地权利人补偿

Jurnal Cakrawala Hukum Pub Date : 2022-08-01 DOI: 10.26905/idjch.v13i2.7970

Dhaniar Eka Budiastanti, Khotbatul Laila, N. Sabrina, Diah Aju Wisnuwardhani, Selvia Wisuda

{"title":"Compensation for land rights holders according to the land acquisition law","authors":"Dhaniar Eka Budiastanti, Khotbatul Laila, N. Sabrina, Diah Aju Wisnuwardhani, Selvia Wisuda","doi":"10.26905/idjch.v13i2.7970","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.7970","url":null,"abstract":"The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is \"drowned\" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D,E., Laila, K., Sabrina, N., Wisnuwardhani, D, A., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2). 135-144. doi:10.26905/idjch.v13i2.7970.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125123388","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

Social control of government policy through the citizen lawsuit mechanism 通过公民诉讼机制对政府政策进行社会控制

Jurnal Cakrawala Hukum Pub Date : 2022-08-01 DOI: 10.26905/idjch.v13i2.7875

Paris Hendra Wijaya Sinaga, Firdausa Panji Bagas Wiratama, Fransiska Indriati, Dewi Rahayu, Sunarjo Sunarjo

{"title":"Social control of government policy through the citizen lawsuit mechanism","authors":"Paris Hendra Wijaya Sinaga, Firdausa Panji Bagas Wiratama, Fransiska Indriati, Dewi Rahayu, Sunarjo Sunarjo","doi":"10.26905/idjch.v13i2.7875","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.7875","url":null,"abstract":"Social control is a form of monitoring whether or not a public policy is made from the planning and implementation stages in the community. Social control aims to prevent or treat so that the government does not set deviant actions or rules that can harm the community. So it is fitting for community groups to control and supervise the policies made by the government. However, it cannot be denied that there are still many policies that are made detrimental to the community and violate the public interest. This study analyzes inappropriate government policies in the community, using the empirical juridical method with a concept approach, a case approach, and a law approach. The results of this study indicate that several violations occurred due to government policies, so total control from the community is needed that can be carried out using a citizen lawsuit mechanism. The citizen lawsuit is the suitable lawsuit model to demand the Government evaluate and improve all efforts and policies to overcome problems detrimental to the community.How to cite item: Sinaga, PHW., Wiratama, FPB., Indriati, F., Rahayu, DA., Sunarjo (2022). Social control of government policy through the citizen lawsuit mechanism. Jurnal Cakrawala Hukum, 13(2). 128-134. doi:10.26905/idjch.v13i2.7875.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133059114","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

Fair remuneration of workers in micro and small enterprises in Job Creation Act 《创造就业法案》中微型和小型企业工人的公平报酬

Jurnal Cakrawala Hukum Pub Date : 2022-08-01 DOI: 10.26905/idjch.v13i2.5625

Prayogo Pranowo, Tanudjaja Tanudjaja, Nynda Fatmawati Octarina

{"title":"Fair remuneration of workers in micro and small enterprises in Job Creation Act","authors":"Prayogo Pranowo, Tanudjaja Tanudjaja, Nynda Fatmawati Octarina","doi":"10.26905/idjch.v13i2.5625","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.5625","url":null,"abstract":"Labor Protection is the ideal and purpose of the existence of labor law to provide legal protection in the omnibus law (Job Creation Act), which accommodates the interests of workers but also accommodates the ease of doing business in micro and small firms in the form of wages as seen in Article 90 B. the existing problems regarding the legal ratio of labor law in Indonesia based on the Job Creation Act and what are the forms of legal protection for workers in micro and small businesses based on the legislation?, the purpose of this study is to find out and analyze the ratio of labor law legislation in Indonesia. Indonesia is based on the Job Creation Act to find and explore forms of legal protection for workers in micro and small businesses. At the same time, the benefits of this research are divided into two, namely, theoretically, to provide a legal ratio to the wages of micro-enterprise workers. And small, while in practice, it is to provide legal protection for workers in Micro and Small businesses. The employment agreement is also a form of agreement regulated in the Manpower Act and the Law on Job Creation as an alternative to protecting workers' rights with the principle of proportionality which aims to increase workers’ bargaining power.How to cite item: Pranowo, P., Tanudjaja. Octarina NF., (2022). Fair remuneration of workers in micro and small enterprises in Job Creation Act. Jurnal Cakrawala Hukum, 13(2). 175-183. doi:10.26905/idjch.v13i2.5625.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117320355","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

Legal protection for parking services in the event of a motor vehicle loss 在机动车丢失的情况下对停车服务的法律保护

Jurnal Cakrawala Hukum Pub Date : 2022-08-01 DOI: 10.26905/idjch.v13i2.7874

Zernis Cendramata Reessena, Padrisan Jamba

{"title":"Legal protection for parking services in the event of a motor vehicle loss","authors":"Zernis Cendramata Reessena, Padrisan Jamba","doi":"10.26905/idjch.v13i2.7874","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.7874","url":null,"abstract":"Consumer protection is a business that contains principles, rules, or rules used to provide protection and protect consumer rights. Problems regarding the safety of vehicles parked in public places often occur. These problems include the loss of helmets, vehicle parts, and even frequent loss of parked cars. What is the responsibility of parking managers to consumers who use roadside parking services in Batam City if they experience a vehicle loss? Researchers carried out the data interview technique by interacting and communicating directly at the research location with the interviewees. For the loss of motorized vehicles using parking services, the responsibility lies with the parking operator, which organizes the parking service business that has obtained a permit from the Regional Government. If t the parking operator does not carry out the responsibility, then legal action can be taken, both litigation and non-litigation. As one of the essential elements in the transportation system, parking arrangements are necessary and a concern for local governments to create a sense of security and comfort in using public facilities.How to cite item: Reessena, ZC., Jamba, P. (2022). Legal protection for parking services in the event of a motor vehicle loss. Jurnal Cakrawala Hukum, 13(2), 224-230. doi:10.26905/idjch.v13i2.7874.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122723801","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