Substantive Justice International Journal of Law最新文献

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Legal Review of Financial Technology Peer To Peer Lending Based on Indonesian Collateral Law Perspective 基于印尼质押法视角的金融科技p2p借贷法律审视
Substantive Justice International Journal of Law Pub Date : 2020-12-01 DOI: 10.33096/SUBSTANTIVEJUSTICE.V3I2.73
A. Ningsih
{"title":"Legal Review of Financial Technology Peer To Peer Lending Based on Indonesian Collateral Law Perspective","authors":"A. Ningsih","doi":"10.33096/SUBSTANTIVEJUSTICE.V3I2.73","DOIUrl":"https://doi.org/10.33096/SUBSTANTIVEJUSTICE.V3I2.73","url":null,"abstract":"In fulfilling everyday needs, certainly needing equipment and supporting equipment in practice. However, due to limited capital, the background of the birth of legal entities from the government to the private sector offered a program to lend money which was then used for capital. In the process, this loan is often called a credit agreement in which the minimum requirement is a guarantee that will later be used as a collateral object. The guarantee acts as an addition (accesoir) to the main agreement which is to convince the creditor of the assets of the debtor and their ability to make payments later. Because not everyone has sufficient assets to make a loan, a guarantee institution arises that provides a loan program without using collateral. In connection with the development of technology, a new program was born, namely peer to peer lending based on financial technology. Ease in requirements and track record written in a system is the attraction of this type of loan, but because it is regulated by the system, there can be a mismatch of what is promised.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133062447","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: 5
Recruitment of Village Apparatus in the Regions and Implementation 区域村级仪器的编制与实施
Substantive Justice International Journal of Law Pub Date : 2019-12-27 DOI: 10.33096/substantivejustice.v2i2.48
S. Akhmaddhian
{"title":"Recruitment of Village Apparatus in the Regions and Implementation","authors":"S. Akhmaddhian","doi":"10.33096/substantivejustice.v2i2.48","DOIUrl":"https://doi.org/10.33096/substantivejustice.v2i2.48","url":null,"abstract":"The purpose of this article is to find out how the rules for the appointment of a village apparatus in the area and to know the implementation of the appointment at every level of village apparatus in the area. The research method used is empirical normative data collection through literature study, observation and interviews. The research location is Kuningan Regency, West Java. The results of the study are that the regulation on the selection of village apparatus is regulated in Law Number 6 of 2014 concerning Villages while the implementation of the local government issued Regional Regulation of Kuningan Regency Number 13 of 2015 concerning Village Apparatus and Kuningan Regent Regulation Number 73 of 2015 concerning Procedure for Appointment, Dismissal and Transfer of Position of Village Apparatus. Factors that predominantly influence the implementation of the appointment of the village apparatus are the lack of community knowledge related to regulations related to the selection of village apparatus so that there is a need for educational activities to the community related to regulations at the regional level.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133159116","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
Implementation of Human Rights Protection Towards in Penitentiary of Children in Makassar 望加锡儿童监狱人权保护的实施
Substantive Justice International Journal of Law Pub Date : 2019-06-01 DOI: 10.33096/substantivejustice.v2i1.29
Mursyid Mursyid
{"title":"Implementation of Human Rights Protection Towards in Penitentiary of Children in Makassar","authors":"Mursyid Mursyid","doi":"10.33096/substantivejustice.v2i1.29","DOIUrl":"https://doi.org/10.33096/substantivejustice.v2i1.29","url":null,"abstract":"The urgency of child protection encourages a variety of efforts carried out by the government and society because it is considered not only to protect children as human beings but also as part of national development. Crimes or violations committed by the child then serve the sentence set by the juvenile justice process should still get full protection because it is considered the child still has a long future and the opportunity to build a nation after undergoing accountability errors that make it a human hope for the future come. The purpose of the study is to analyze the implementation of protection of human rights and the factors that influence the implementation of human rights protection for children in the Makassar Correctional Institution. As a result, the implementation of human rights against child prisoners is still less effective, because conceptually and in reality there has not yet been a clear difference between the implementation of human rights for adult prisoners. This study shows that there is no specific pattern that is applied in implementing human rights to children, where the practice of implementing child prisoner formation is still not in accordance with the basic idea, namely providing protection in order to achieve child welfare. The factors are legislation, facilities and infrastructure, organizational structure, human resources and administrative management, and not yet integrated handling of the implementation of human rights for child inmates by the entire criminal justice system.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115234191","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
One of the Spirit of the Changes 变化之灵之一
Substantive Justice International Journal of Law Pub Date : 2019-06-01 DOI: 10.33096/substantivejustice.v2i1.25
Moch Andry Wikra Wardhana Mamonto
{"title":"One of the Spirit of the Changes","authors":"Moch Andry Wikra Wardhana Mamonto","doi":"10.33096/substantivejustice.v2i1.25","DOIUrl":"https://doi.org/10.33096/substantivejustice.v2i1.25","url":null,"abstract":"Combination of presidential government systems and multi-party systems as a system of Indonesian state has led to a government that does not effective and stable. The formulation of the problem which is the focus of the study in this paper, namely how is the legal politics of simplification of political parties in Indonesia for the period 2004-2014. The research method used in this study is normative. Based on the results of the study, the authors obtained answers to the existing problems, that the legal politics of simplifying political parties in Indonesia is democratic legal politics, but the legal politics of simplifying political parties in Indonesia should not only be directed at simplifying political parties in parliament, but also simplifying political parties in political parties participating in the general election.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125053367","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: 5
Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency 马木居县创意经济发展中的知识产权法律保护
Substantive Justice International Journal of Law Pub Date : 2019-05-31 DOI: 10.33096/SUBSTANTIVEJUSTICE.V2I1.30
S. Suryansyah
{"title":"Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency","authors":"S. Suryansyah","doi":"10.33096/SUBSTANTIVEJUSTICE.V2I1.30","DOIUrl":"https://doi.org/10.33096/SUBSTANTIVEJUSTICE.V2I1.30","url":null,"abstract":"Protection of legal intellectual property rights is the main pillar for businesses, especially those engaged in the creative economy business. The role of law can provide guarantees and legal certainty in creating a good economic climate and increasing people’s income derived from the results of the work of creativity, ideas and creativity. The creative economy becomes a strategic issue as a government effort in developing the regional economy, creating a climate of creation and innovation and leading to improving people’s welfare. The development of creative economic ventures in Mamuju Regency, West Sulawesi Province must be supported by a set of regional regulations, specifically those that regulate the protection of intellectual property rights of creative economy entrepreneurs. So that business people get protection, justice, benefit and legal certainty related to the work of copyright and innovation products owned. This study aims to examine the regional regulations of Mamuju Regency about the economy, especially the protection of intellectual property rights for creative economic business actors and identify the potential of the creative economy. Data is collected through literature studies to trace data through regional regulation documents. The processed data from descriptive analysis is used as a basis for consideration and review of economic law. The results of this study are in the form of sources of economic law material and manuscripts of academic considerations, where the local government and the public can find out the legal position in the protection of intellectual property rights of creative economy entrepreneurs in Mamuju Regency.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129862509","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
Regional Autonomy in Realizing Good Governance 区域自治与善治
Substantive Justice International Journal of Law Pub Date : 2019-05-30 DOI: 10.33096/substantivejustice.v2i1.31
R. Moonti
{"title":"Regional Autonomy in Realizing Good Governance","authors":"R. Moonti","doi":"10.33096/substantivejustice.v2i1.31","DOIUrl":"https://doi.org/10.33096/substantivejustice.v2i1.31","url":null,"abstract":"Good Governance in regional autonomy is a phenomenon whose principle is talking about government or good government in terms of realizing good governance through the context of public services. The purpose of regional autonomy is solely to provide satisfaction to the community and prosperity of society in a government area. The purpose of this study is to determine the development of current regional autonomy in realizing Good Governance as intended. The research method used in the preparation of this study is a normative juridical method that is, in answering the problems of the realization of good governance, the legal point of view is based on the applicable legal regulations, henceforth it is connected with the reality in the field relating to the issues to be discussed. In terms of the development of regional autonomy, of course there are several things that are the main indicators, namely Equalization and Improvement of Development in the Regions, Improvement of Services for Communities, Optimization of Natural Resources and Human Resources in the Regions.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131062853","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: 21
Regulation of Food Quality Development and Supervision in Denpasar City 登巴萨市食品质量发展与监管法规
Substantive Justice International Journal of Law Pub Date : 2019-05-22 DOI: 10.33096/substantivejustice.v2i1.27
Putri Febyana Br. Surbakti
{"title":"Regulation of Food Quality Development and Supervision in Denpasar City","authors":"Putri Febyana Br. Surbakti","doi":"10.33096/substantivejustice.v2i1.27","DOIUrl":"https://doi.org/10.33096/substantivejustice.v2i1.27","url":null,"abstract":"Guidance and supervision of food quality needs to be carried out in each region because of it given the high victims of food poisoning in Indonesia. The absence of regulations governing food hygiene and safety and the lack of public awareness are the reasons for the high incidence of food poisoning. Therefore it requires a firm attitude from the central and regional governments and socialization for the community regarding the importance of food hygiene and safety. This research aims to analyze the regulation of supervision and supervision of food quality in Denpasar City and the form of supervision and coordination between related agencies in sanitation hygiene and food safety supervision in Denpasar City. This research is normative legal research. This research can be summarized as follows: First, there is no explicit arrangement regarding the development and supervision of food quality in Denpasar City, but implicitly contained in the Regional Regulations of Denpasar City Number 7 of 2008 concerning the Organization and Work Procedures of Denpasar City and the Regulation of Mayor of Denpasar Number 33 of 2008 concerning the Description of Job Duties in the Denpasar Municipal Service Organization; and Twice, and Twice, The Government of Denpasar City through the Health Office in collaboration with BBPOM routinely conducts checks and supervisions of sanitation and security of processed food which is marketed in various regions in Denpasar City.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"2005 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114087225","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
Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers 购买单位的长期承诺买卖合约(PPJB)为消费者提供法律保障
Substantive Justice International Journal of Law Pub Date : 2019-05-10 DOI: 10.33096/substantivejustice.v2i1.28
Ni Putu Teresa Giovana
{"title":"Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers","authors":"Ni Putu Teresa Giovana","doi":"10.33096/substantivejustice.v2i1.28","DOIUrl":"https://doi.org/10.33096/substantivejustice.v2i1.28","url":null,"abstract":"Research on the commitment of binding sale and purchase (PPJB) in terms of the marketing of flats is a step in legal protection for consumers who will buy flats. This PPJB will bind both parties, namely sellers and buyers for the legal sale and purchase. However, often in terms of the marketing of flats, some rogue developers market flats when the apartment building does not yet have a building permit. This is very contrary to Law Number 20 of 2011 concerning Flats, which says that the marketing of flats must be carried out if the apartment has an IMB. This causes uncertainty of protection for consumers in terms of purchasing flats. Plus PPJB is generally made only with a standard agreement made unilaterally so that consumers cannot freely express their opinions, besides that consumers are also susceptible to losses due to PPJB made without the said IMB. This research was conducted to examine the PPJB in terms of protection for consumers of the flats. This research is normative, namely by way of implementing a legal and conceptual approach. The legal material of this study uses primary legal materials, secondary legal materials and tertiary legal materials by conducting legal material collection using a single method, namely literature study. Protection for consumers is done by using PPJB made by a Notary to minimize the impact that might occur in the future.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130226981","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
Community Involvement in Preparation of EIA Documents as Implementation of Participatory Principles In Law No.32 Year 2009 About Protection and Environmental Management (Study at PT Mandiri Mining Corporindo) 社区参与编制环评文件,落实2009年第32号保护和环境管理法中的参与原则(在PT Mandiri Mining Corporindo进行的研究)
Substantive Justice International Journal of Law Pub Date : 2018-07-20 DOI: 10.33096/substantivejustice.v1i2.22
R. Rahmat
{"title":"Community Involvement in Preparation of EIA Documents as Implementation of Participatory Principles In Law No.32 Year 2009 About Protection and Environmental Management (Study at PT Mandiri Mining Corporindo)","authors":"R. Rahmat","doi":"10.33096/substantivejustice.v1i2.22","DOIUrl":"https://doi.org/10.33096/substantivejustice.v1i2.22","url":null,"abstract":"PT.Mandiri Mining Corporindo (MMC) adalah perusahaan tambang Mangan di Desa Bonehau, Kecamatan Bonehau Kabupaten Mamuju, Provinsi Sulawesi Barat dengan surat izin eksplorasi nomor 418 Tahun 2009 dan izin operasi produksi nomor 333 tahun 2010, dimana proses produksi telah dimulai sejak bulan oktober 2010, adapun luas ijin usaha pertambangan yang dimiliki oleh PT.MMC adalah 178 ha yang meliputi kawasan 178 ha yang meliputi kawasan hutan produksi 125 ha dan perkebunan masyarakat 53 ha, namun areal yang dikelola baru sekitar 30 persen. Sejak awal pembukaan perusahaan tambang di Desa ini telah menimbulkan kekhawatiran akan dampak negatif berupa kerusakan lingkungan, mengingat lokasi tambang berbatas langsung dengan perkebunan dan persawahan masyarakat setempat. Hal ini menjadi masalah yang menarik dikaji dari aspek hukum perizinan, khususnya perizinan lingkungan sehingga permasalahan dalam penilitian ini yaitu; Pertama bagaimanakah kedudukan AMDAL dalam perizinan lingkungan PT.MMC? Kedua, bagaimana pelaksanaan AMDAL PT.MMC. hasil penelitian ini menunjukkan bahwa kedudukan AMDAL dalam perizinan lingkungan merupakan kewajiban dan prasyarat mutlak, jika suatu perusahaan melanggar izin lingkungan maka izin usaha atau kegiatan dapat dibatalkan. Dan prosedur penerbitan AMDAL PT.MMC telah sesuai dengan peraturan perundang-undangan namun dalam pelaksanaannya tidak sesuai dengan perencanaan.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130168846","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
Establishment Of Village Regulations In Realize Autonomy Village 实现自治村规的建立
Substantive Justice International Journal of Law Pub Date : 2018-07-20 DOI: 10.33096/substantivejustice.v1i2.17
R. Moonti
{"title":"Establishment Of Village Regulations In Realize Autonomy Village","authors":"R. Moonti","doi":"10.33096/substantivejustice.v1i2.17","DOIUrl":"https://doi.org/10.33096/substantivejustice.v1i2.17","url":null,"abstract":"Provision of regional autonomy is the granting of authority and flexibility to regions to manage and utilize regional resources optimally, of course, the granting of such authority must be balanced with the establishment of adequate regulations. However, there are still many problems related to the formulation of regulations, especially the village regulations. As long as government-cooled development starts from the lowest levels of government, the village has not proceeded as desired. The purpose of this study to determine the Status of Village Rules In Autonomy Village Governance System. The research method used in the preparation of this research is the normative juridical method that is in answering the problem used the legal point of view based on the applicable law regulation, to then be connected with the reality in the field related to the issues to be discussed. Village regulations serve as indicators in the successful implementation of village autonomy. In Law Number 6 Year 2014 Article 115 letter b and e jo Article 112 paragraph 1 stipulates the provision that the Regency / Municipal Government shall supervise and administer the Village Government which in the case of Village Regulation in the form of guiding the formulation of Village Regulation and Village Head Regulation as well as evaluating and supervision of Village Rules.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"146 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120869829","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
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