Ilmu Hukum Prima (IHP)最新文献

{"title":"PERLINDUNGAN HUKUM TERHADAP WANITA BERKEWARGANEGARAAN INDONESIA YANG MENIKAH DENGAN PRIA BERKEWARGANEGARAAN ASING TERHADAP KEPEMILIKAN PROPERTI DI INDONESIA","authors":"Yulia Resa Simorangkir, M. ., R. -, Idha Aprilyana Sembiring -","doi":"10.34012/jihap.v4i2.1882","DOIUrl":"https://doi.org/10.34012/jihap.v4i2.1882","url":null,"abstract":"It is explained in the Constitutional Court’s Ruling No. 69/PUU-XIII/2015 that it is hearing a constitutional case of Mrs. Ike Farida. In this case, the petitioner has been legitimately married with a Japanese man. She bought an apartment on May 26, 2012 with the status of ownership. The problem was that after she had paid off and settled up the installment, the apartment was not handed in to her. Moreover, the contract was unilaterally revoked by the developer, arguing that her husband was a foreigner and she did not have any marriage agreement.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"24 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":"116724525","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":"TANGGUNG JAWAB HUKUM PEMEGANG SAHAM PENGENDALI ATAS KERUGIAN PERSEROAN DALAM PERUSAHAAN PERASURANSIAN INDONESIA","authors":"Bahota Silaban","doi":"10.34012/jihap.v4i2.1939","DOIUrl":"https://doi.org/10.34012/jihap.v4i2.1939","url":null,"abstract":"After the issurance of the Law No. 40/2014 on Insurance, insurance or reinsurance companies either conventional or sharia are obliged to stipulate minimal one control, and every control is determined by the companies to submit reports to the OJK (Financial Service Authority). In case there are other controls that have not been determined by insurance, sharia insurance, reinsurance or sharia reinsurance companies, OJK is authorized to determine a control outside the controls determined by the companies. This thesis discusses the legal liability of a controlling shareholder for the loss endured by the companies outside his control. \u0000Normative juridical approach is employed as the research method. It analyzes library materials or secondary data. This is a descriptive analytical research which analyzes the data qualitatively. \u0000The internal controlling shareholder of an insurance company has to be liable outside the shares he has for the company’s loss because of the party in his control under one condition i.e. the role of the Controlling Shareholder is proven to be liable for the loss endured by the company. It is different from the shareholder outside the controlling shareholder, referring to the Law on Limited Liability Company; he is only liable for the shares he has, yet this limited liability can be eliminated if the requirements of the company as a legal entity are not or not yet met and if there is any involvement in actions against the law. \u0000The legal principle that grounds the controlling shareholder’s legal liability for the loss endured by the company listed in the insurance companies in Indonesia is the theory of piercing the corporate veil or revealing the veil of limited liability companies i.e. a legal process that charges personal liability to the company employees, board of directors and shareholders in case of any violation done by the company.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"29 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":"115573849","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":"ANALISIS YURIDIS TERHADAP SURAT KETERANGAN JUAL BELI TANAH YANG DIKETAHUI OLEH KEUCHIK GAMPONG SEBAGAI ALAS HAK DALAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) PADA KANTOR PERTANAHAN KABUPATEN ACEH TIMUR.","authors":"Z. Abidin","doi":"10.34012/jihap.v4i2.1885","DOIUrl":"https://doi.org/10.34012/jihap.v4i2.1885","url":null,"abstract":"Land registration is regulated in Government Regulation Number 24 of 1997 concerning Land Registration. The authority of a keuchik in witnesses to land that is not yet certified is indeed guaranteed by the Law, but the Law which starts from the national to the regional level does not discuss in detail the authority of a keuchik. The land registration system in Indonesia uses the Torrens system. where the evidence produced is in the form of a Land Book and Certificates. The certificate as the final result of the process of registering land rights is only a strong evidence according to the provisions of the BAL, Government Regulation Number 10 of 1961 and Government Regulation Number 24 of 1997. The authority of the Keuchik in making a Purchase Certificate of land that has not been registered to obtain a certificate at the Office Land where the land is located. The status of the sale and purchase certificate of land known to the keuchik as the basis for the rights in complete systematic land registration at the National Land Office of East Aceh Regency is not clearly regulated but if it is reviewed from Government Regulation Number 24 of 1997 concerning Land Registration is regulated in Article 7, Article 8 and Article 39 The aim is to facilitate the administration of the management of buying and selling land in Kantar Land.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"12 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":"124557497","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":"HARMONISASI PENGATURAN HUKUM SERTA IMPLIKASI TANGGUNG JAWAB SOSIAL PERUSAHAAN DAN LINGKUNGAN PADA BUMN PTPN III PERSERO BERDASARKAN UU NO. 40 TAHUN 2007 DAN PERATURAN MENTERI BUMN NOMOR PER-09/MBU/07/2015","authors":"Vanderson Hamdani","doi":"10.34012/jihap.v4i2.1881","DOIUrl":"https://doi.org/10.34012/jihap.v4i2.1881","url":null,"abstract":"Partnership and environmental development program constitutes the Corporate Social Responsibility (CSR) implemented by the BUMN plantation companies in Indonesia. The research used juridical empirical and descriptive analytic methods. It employed library research method and qualitative data analysis method. The result of the research shows that the will of legacy in the legal provisions about CSR in its objective is synchronized with or similar to the Decree of the State Minister of BUMN No KEP-09/MBU/07/2015 at BUMN because both of them are used to the greatest benefit of the people who lived in the vicinity of the company. The result of the research shows that the will of legacy in the legal provisions about CSR in its objective is synchronized with or similar to the Decree of the State Minister of BUMN No KEP-09/MBU/07/2015 at BUMN because both of them are used to the greatest benefit of the people who lived in the vicinity of the company.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"1 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":"116422099","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":"PERANAN HUKUM INVESTASI DALAM MENINGKATKAN PENANAMAN MODAL DI INDONESIA","authors":"M. A. Prasetyo","doi":"10.34012/jihap.v4i2.1880","DOIUrl":"https://doi.org/10.34012/jihap.v4i2.1880","url":null,"abstract":"Foreign investment has a very important role, considering that a developed country still needs investment, especially a developing country. District and City Governments throughout Indonesia, explore the potential of their respective regions in order to carry out promotions, so that they will be able to attract investment enthusiasm in investing. Following up on this desire, the respective Regency/City Governments issue Regional Regulations (called Perda), in order to increase Regional Original Income (PAD), regardless of the interests of the community and other impacts. The target of increasing PAD is the community and investors in general. on the authority of the Regency/City area, finally competing to issue regional regulations (Perda) without taking into account other aspects, which can hinder investment in their respective regions. Among other things, regional regulations regarding parking fees, street lighting fees and licensing in the trade and investment industries.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"8 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":"121253338","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":"ANALISIS YURIDIS AKIBAT HUKUM MUSNAHNYA OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN KONSUMEN (STUDI DI PT.WOM FINANCE, Tbk )","authors":"Anita Servia Nababan","doi":"10.34012/jihap.v4i1.1634","DOIUrl":"https://doi.org/10.34012/jihap.v4i1.1634","url":null,"abstract":"PT. WOM Finance, Tbk. is one of the companies operating in motorcycle financing. PT. WOM Finance, Tbk. cannot be separated from debtor’s/consumer’s default or the disappearance of motorcycles/security object. It copes with the risk by making a financing agreement consisting of primary agreement and the other supporting agreement such as loan agreement, fiduciary agreement, power of attorney and insurance. The objective of this research is to discover the mechanism of consumer finance, debtor’s liability for default, and legal protection for creditor in case of disappearance of fiduciary security object in which the debtor has defaulted earlier.This is an analytical prescriptive research with normative juridical method. It is conducted by studying references or secondary data including legal norms in the prevailing laws and regulation or documents related to the juridical consequences i.e. disappearance of security object in consumer finance agreement in PT. WOM Finance, Tbk. in order to answer the research problems.The results of the research discover the finance mechanism in PT.WOM Finance, Tbk. in general, the financing starts from an application and ends with the execution of the agreement. The defaults performed by a debtor causes legal consequences for the debtor themselves. In case the fiduciary security object disappears when the debtor has defaulted earlier, the creditor does not only obtain legal protection from the Consumer Finance Agreement, but it also gains the protection from Insurance Agreement.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"1984 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125463219","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":"ANALISIS YURIDIS SUBROGASI DENGAN PENGALIHAN KREDIT YANG TERIKAT HAK TANGGUNGAN PADA PT. BANK RAKYAT INDONESIA (PERSERO) TBK. CABANG KABANJAHE","authors":"Lucy Margareth Napitupulu","doi":"10.34012/jihap.v4i1.1635","DOIUrl":"https://doi.org/10.34012/jihap.v4i1.1635","url":null,"abstract":"All business sectors or individuals today and in the future cannot be separated from banking sector. In order to balance and harmonize this need, the role of bank is to provide loan fund through loan. Kabanjahe Branch Office of BRI, in providing loans, makes efforts and competes to create innovations to their products as their strategies to get prime consumer debtor candidate including debtors who performs loan takeover. Loan takeover that is bound with mortgage right in Kabanjahe Branch Office of BRI is the provision of new loans to consumer debtor, which aims to pay consumer debtor’s ongoing loans, with land title as mortgage rights of the loan that is bound with mortgage right in the older bank, so that Kabanjahe Branch Office of BRI replaces rights of the older bank. Loan takeover that is bound with mortgage rights in Kabanjahe Branch Office of BRI is related to the provisions of subrogation in the Civil Code.This research employs empirical juridical method which is descriptive. It describes, studies, explains, and analyzes theoretical and practical legal regulations on mechanism and legal consequences for loan takeover that is bound with mortgage right in Kabanjahe Branch Office of BRI, and whether the loan takeover is in line with the provisions of subrogation in the Civil Code.The results of the research explains the mechanism of loan takeover. It is done by submitting an application for loan by candidate consumer debtor to be processed, and then the loan is realized and transferred. The legal consequences for loan takeover is the emergence of a loan agreement between customer debtor and Kabanjahe Branch Office of BRI and the termination of the loan agreement between the customer debtor and the older bank; the elimination of mortgage right for and in the name of the older bank and the emergence of mortgage right for and in the name of Kabanjahe Branch Office of BRI; the termination of the position of older bank as creditor and holder of the mortgage right of customer debtor and mortgage right grantor. The implementation of the loan takeover that is bound with mortgage right in Kabanjahe Branch Office of BRI has been in line with the provision son subrogation, namely Article 1400 of the Civil Code, particularly Article 1400 sub 2 of the Civil Code.It is suggested that the Law further regulate provisions on subrogation that are in line with the banking development today, so that loan takeover that is bound with mortgage right can fully/completely implement the provision on subrogation as well in the future. It is expected that more references discuss about the legal consequences for loan takeover that is bound with mortgage right. It is also expected that subrogation be introduced and implemented again in banking practice and Notary, because it is in line with the provision son subrogation in the Civil Code.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122682764","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":"TANGGUNG JAWAB HUKUM NOTARIS REKANAN PERBANKAN YANG TIDAK MENYELESAIKAN AKTA YANG TELAH DIBUATNYA","authors":"Dinda Anwar","doi":"10.34012/jihap.v4i1.1633","DOIUrl":"https://doi.org/10.34012/jihap.v4i1.1633","url":null,"abstract":"A Notarial deed can become a legal ground for a person’s status of property, right and obligation. Errors in making it can cause the revocation of his right and obligation or his burden and obligation. A Notary has the authority to make an authentic deed on any action, contract, and provision specified by law and intended by the persons appearing in authentic deeds, to guarantee the date it is made, to keep the deeds, to give Grosse, and the copies and the excerpts, as long as they are not assigned or exempted to officials. The objective of the research was analyze the liability of a Notary for the deeds he had made, to analyze the legal consequence of a Notary as a banking partner who neglected his deeds, and to find out legal protection for the Bank wich deeds were neglected by the Notary as the Bank partner.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126169587","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":"ANALISIS YURIDIS TERHADAP PUTUSAN ARBITRASE INTERNASIONAL YANG DIBATALKAN OLEH PENGADILAN NEGERI JAKARTA PUSAT (Studi Putusan Nomor: 631 K/ Pdt. Sus/ 2012)","authors":"Rachel Yovani Adriani Napitupulu","doi":"10.34012/jihap.v4i1.1636","DOIUrl":"https://doi.org/10.34012/jihap.v4i1.1636","url":null,"abstract":"Arbitration is dispute settlement outside the court which is final and binding. In an international contract, if the parties prefer to settle disputes through arbitration, arbitration institution has absolute authority to settle them. However, the implementation of arbitral decision is not effective yet, because the parties in some cases are found to be not ready to accept and respect an arbitral decision, so they submit a lawsuit to a District Court. This can be seen in the dispute between Harvey Nichols and Company Limited against Hamparan Nusantara Company and Mitra Adiperkasa Company. This is a normative juridical research with descriptive analysis. The main data consist of secondary data collected from library study and processed from primary, secondary, and tertiary legal materials. Data collection instruments used is document study, then the data obtained are analyzed qualitatively. The results demonstrate that the legal implications of the preference of law and forum approved by Harvey Nichols and Company Limited with Hamparan Nusantara Company and Mitra Adiperkasa Company is the enactment of the Substantive Law of England and Wales and the dispute settlement forum used is an arbitration forum based in London, England. Analysis of judge’s legal considerations in this case is that the South Jakarta District Court is not supposed to be authorized to verify lawsuit in this case. In addition, it is necessary to have good faith of the parties to respect the arbitration clause in the contract, so that the arbitration clause can be effective. Reconstruction of the revocation of the arbitration decision is also required because there is still a disharmony between the laws on judge’s authority in Indonesia and the laws on arbitration that there is a legal gap that can be used by parties who are not satisfied with the arbitration decision. It is suggested that business actors be aware before binding themselves in a contract because the preference of law and forum clauses be carried out according to the agreement in case of any dispute in the future. Supervision from the Supreme Court and the Judicial Commission is also necessary, so that the judges do not give decisions that deviate from positive law in Indonesia. Then, a revision of the Arbitration Law is also needed to create arbitration independence as a dispute settlement forum in Indonesia.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129260602","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":"ANALISIS HUKUM TERHADAP TINDAK PRAKTEK OLEH DOKTER SECARA ONLINE BERDASARKAN UNDANG – UNDANG NOMOR 29 TAHUN 2004 TENTANG KODE ETIK KEDOKTERAN","authors":"Aditya Harish","doi":"10.34012/jihp.v4i1.1545","DOIUrl":"https://doi.org/10.34012/jihp.v4i1.1545","url":null,"abstract":"Seiring dengan perkembangan zaman, Teknologi dalam dunia kesehatan juga terus berkembang.dalam hal ini, sebuah istilah yang disebut dengan “Telemedicine” atau metode pengobatan jarak jauh muncul. Meskipun baru saja populer dalam beberapa tahun belakangan, istilah “Telemedicine” pertama kali disebut padah tahun 1970. WHO atau World Health Organization mendefinisikan Telemedicine sebagai pelayanan kesehatan menggunakan teknologi informasi dan komunikasi untuk mengdiagnosa, mengobati, mencegah, dan mengevaluasi kondisi kesehatan seseorang yang bertempat tinggal di daerah terpencil dan tidak mempunyai fasilitas kesehatan di sekitarnya, jadi pasien hanya perlu bermodal ponsel pintar dan tidak perlu lagi menemui dokter. Meskipun teknologi dalam dunia kedokteran sudah sedemikian canggih, seseorang yang berprofesi sebagai dokter tidak luput dengan kelalaian atau malpraktek. Lalu apa upaya hukum yang dapat dilakukan oleh pasien yang mengalami tindak pidana malpraktek yang dilakukan oleh dokter dalam metode online atau telemedicine ini menurut Kode etik Kedokteran.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115395799","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}