Unram Law Review最新文献

{"title":"Securities as Capital Deposit in the Establishment of Limited Liability Company","authors":"Sonya Whisler Refisyanti, Mohamad Fajri Mekka Putra","doi":"10.29303/ulrev.v7i1.262","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.262","url":null,"abstract":"There are various types of business entities in Indonesia, namely divided into non-legal entities and legal entities. One of which frequently chosen by the business actor is a limited liability company (PT) due to its limited liability which only need to provide a capital that has separate assets between private ownership and the company. To establish a Limited Liability Company, the Company will need a Capital Deposit to run the business. Usually, the capital is paid in cash. The research aims to determine whether the capital deposit required to establish a limited liability company can be paid using a method other than Cash. The research is using a normative legal research by using statute and library approach. The research findings reveal that according to Article 34 paragraph (1), the capital deposit can be made in Cash and/or other forms. It means if the Capital Deposit, which is paid in other forms, can be valued in money, and accepted, as well as approved, by the Company’s founders. Payment of shares in securities must be announced, at least, in 1 (one) newspaper or more within 14 (fourteen) days after the deed of establishment is signed or after the General Meeting of Shareholders decides on the payment of shares.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121794965","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":"Implementation Of Investment Activities In The Field Tourist In The Samota Region Regency Sumbawa","authors":"Diman Ade Mulada, Nizai Kusuma Wardani, Titin Nurfatlah","doi":"10.29303/ulrev.v7i1.287","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.287","url":null,"abstract":"This research aims to identify and examine the arrangements and supporting factors as well as obstacles to implementing investment activities in the tourism sector in the Samota region. This normative and empirical research uses statutory, conceptual, and practical approach methods. The results of the study show that the regulations governing investment activities in the tourism sector, especially in the Samota region, Sumbawa Regency, namely: Law Number 25 of 2007 concerning Investment , Law Number 10 of 2009 concerning Tourism , Presidential Regulation Number 97 of 2014 concerning Integrated Services One Door , Government Regulation Number 50 of 2011 concerning the 2010-2025 National Tourism Development Master Plan, Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 18 of 2016 concerning Registration of Tourism Businesses , Regulation of the Investment Coordinating Board (BKPM) Number 3 of 2021 concerning Electronically Integrated Risk-Based Business Licensing System , Investment Coordinating Board ( BKPM) Regulation Number 4 of 2021 concerning Guidelines and Procedures for Risk-Based Business Licensing Services and Investment Facilities , West Nusa Tenggara Provincial Regulation Number 7 of 2013 concerning Re Regional Tourism Development Master Plan 2013-2028 , Regional Regulation of West Nusa Tenggara Province Number 3 of 2015 concerning Investment, Regional Regulation of West Nusa Tenggara Province Number 2 of 2016 concerning Halal Tourism, Regional Regulation of Sumbawa Regency Number 7 of 2018 concerning Implementation of Tourism Business as well as supporting factors that influence investors interested in investing in tourism in the Samota region, namely: the Samota region has a lot of tourism potential, there is still a lot of vacant land, the availability of supporting transportation, the availability of infrastructure and security guarantees. While the inhibiting factors for tourism investment in the Samota area are: There are many overlapping land ownership, Difficulty obtaining clean water, and lack of promotion by the Regional Government.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122788401","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":"The Living Law’s Restorative Justice: Implementation of Restorative Justice as an Integrative Mechanism in Criminal Law","authors":"H. Flora","doi":"10.29303/ulrev.v7i1.279","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.279","url":null,"abstract":"The urgency of this research is the application of local value-based RJ in the community as an integrative mechanism in efforts to resolve disputes or conflicts in the community. This study aims to answer two legal problems, namely: the urgency of implementing RJ by adopting living law in society and the formulation of RJ implementation as an integrative mechanism that adopts living law in society as an effort to settle criminal law. This research is normative legal research by optimizing conceptual and statutory approaches. The results of the study confirm that the urgency of implementing RJ by adopting living law in society is expected so that the criminal justice system in Indonesia can run and be enforced effectively because it is based on living law which originates from people's personalities. The formulation of the application of RJ as an integrative mechanism in the criminal law settlement process is to reform the criminal procedural law through the revision of the Criminal Procedure Code by including the RJ substance which facilitates living law in society. However, because the process of revising the Criminal Procedure Code takes a long time, a transitional legal product can be formed in the form of a SKB RJ which substantially contains the principles, basis and practice of implementing RJ by facilitating living law in society in the criminal justice system.\u0000 ","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"70 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128001610","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":"Responsibility Of The Tual City Government In An Effort To Protect The Copyrights Of Batik Kei Motives","authors":"Agustina Balik, Yosia Hetharie, Novyta Uktolseja","doi":"10.29303/ulrev.v7i1.260","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.260","url":null,"abstract":"This study aims to identify and analyze the responsibilities of the Tual City government in providing legal protection in the field of intellectual property rights, especially copyright for Batik Kei motifs. This research is socio-legal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Tual City, namely the Kei Batik Craftsman with the name Camelia Batik Kei. The types of data in this study are primary data and secondary data obtained through library research and interviews. Based on the results of the research, the Tual City government has an important role in providing copyright legal protection for Camelia Batik Kei's business. But in reality, although the Tual City government often displays Kei Batik motifs which incidentally elevate Kei customs and culture, from the aspect of copyright protection, the government has not given it at all. The entrepreneurs of Camelia Batik Kei are also not very aware of the importance of registering and protecting copyright laws for Kei Batik’s motives. Therefore, there is a need for socialization and cooperation with the local government of Tual City to provide copyright legal protection for Kei batik motifs.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134041718","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":"The Comparative Study About Intellectual Property Rights And The Transfer Of Land Rights For The Development Of Indonesia Land Law","authors":"Yazid Fatoni, Adi Sulistiyono, Lego Karjoko","doi":"10.29303/ulrev.v7i1.263","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.263","url":null,"abstract":"The transfer of land rights is a classic problem whose implementation is often uncertain. In the framework of alternative material for developing national land law, this article will try to compare the transfer of land rights with the transfer of Intellectual Property Rights. The method in this article is a normative legal research method with a comparative law approach as the primary approach. In the transfer of land rights, at least several types of law are used as a component in assessing their validity. When compared to the transfer of Intellectual Property Rights, an Intellectual Property Right must be registered for protection, as well as when the Intellectual Property Right is transferred. Regulations in Intellectual Property Rights are more specific because they are under specific statutory law and through a registration mechanism. The transfer of land rights seen from the perspective of Law Number 5 of 1960 concerning Basic Agrarian Regulations or what is often referred to as UUPA (Basic Agrarian Law) and Government Regulation Number 24 of 1997 concerning Land Registration does require land registration, but that does not mean that land that is not registered does not get protection, this also implements in the transfer of land rights. Even though the transfer of land rights does not use the mechanisms and conditions specified in Government Regulation Number 24 of 1997, the transfer of land rights under the main provisions in customary law is still recognized. It is usually implemented when the dispute goes to court.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"195 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135756771","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":"The Impact of Global Economic Recession on Crypto Asset Trading and Transaction Security in Indonesia","authors":"Bthari Octaviani Putri, Zulkarnain Sitompul","doi":"10.29303/ulrev.v7i1.270","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.270","url":null,"abstract":"When the Coronavirus Disease 2019 (COVID-19) pandemic has an impact on reducing world economic growth, this condition gives benefits to the digital investment sector, one of which is the increase in crypto asset trading. The crypto asset trading sector is a digital commodity that is in great demand and is growing rapidly in society. This is because crypto asset trading does not require each investor to meet each other face to face and only requires an internet network in transactions. Throughout 2021, crypto asset trading and the number of investors who transacted almost all over the world continued to experience a significant increase, including in Indonesia. However, at the beginning of 2022, there was a conflict between Russia-Ukraine which affected the increase in commodity prices around the world. This condition then triggered inflation in several major countries, which in turn resulted in the threat of a global economic recession. This phenomenon then leads to a weakening global economy which can hinder the growth of crypto asset trading in the future. Not only that, crypto asset trading itself is also still haunted by concerns about the weak security system in investing in crypto assets which is vulnerable to the rise of various fraud cases. Therefore, regulation and facilities that are following the current needs of crypto asset trading are urgently needed to stimulate the growth of crypto assets. Actions taken by the government through the establishment of crypto asset trading regulations and supporting platforms are very important to provide business certainty and security in investing in crypto assets in Indonesia.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121540032","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":"Kekuatan Pembuktian Akta Risalah e-RUPS dalam Sistem eASY.KSEI ditinjau dari POJK Nomor 16/POJK.04/2020","authors":"Angelia Mariani Santoso, Tjhong Sendrawan","doi":"10.29303/ulrev.v7i1.261","DOIUrl":"https://doi.org/10.29303/ulrev.v7i1.261","url":null,"abstract":"Pelaksanaan e-RUPS di Indonesia diperbolehkan berdasarkan Pasal 77 ayat (1) UUPT dan untuk perusahaan terbuka diatur dalam POJK Nomor 16/POJK.04/2020. Pelaksanaan e-RUPS dapat dilaksanakan melalui eASY.KSEI. Risalah e-RUPS harus dibuat dalam bentuk akta Notaris yaitu Akta Relaas. Dimana Notaris harus melihat, mendengar, dan menyaksikan sendiri secara langsung jalannya e-RUPS. Pada pelaksanaan e-RUPS tetap harus dilaksanakan RUPS fisik kecuali terdapat kondisi tertentu. Notaris wajib hadir dalam RUPS fisik, sementara mayoritas peserta mengikutinya melalui e-RUPS sehingga berhadapan dengan Notaris secara virtual. Apabila tidak ada RUPS fisik, Notaris menyaksikan jalannya rapat secara virtual. Pada UUJN, dijelaskan bahwa yang dimaksud “dihadapan” adalah secara fisik, bukan secara virtual.  UUPT juga mengharuskan Akta Risalah e-RUPS ditandatangani oleh seluruh peserta rapat, sedangkan dalam POJK RUPS tidak memerlukan tanda tangan peserta rapat. Hal ini menunjukkan terdapat pertentangan pengaturan antara UUPT dan POJK RUPS sehingga menimbulkan kebingungan saat Notaris hendak melaksanakannya jabatannya untuk membuat Akta Risalah e-RUPS. Berkaitan dengan hal itu, permasalahan yang akan dibahas adalah mengenai bagaimana Notaris melakukan pekerjaannya dalam rangka membuat Akta Risalah sehubungan dengan pelaksanaan e-RUPS melalui eASY.KSEI dan mengenai bagaimana kedudukan serta kekuatan pembuktian dari Akta Risalah e-RUPS. Jenis penelitian yang digunakan adalah penelitian hukum doktrinal dengan tipologi penelitian eksplanatoris analitis. Jenis datanya adalah data sekunder melalui studi kepustakaan yang dianalisis dengan metode kualitatif. Melalui penelitian ini, ditemukan bahwa selama kondisi darurat, Notaris dalam pembuatan Akta Risalah e-RUPS tetap mengacu pada POJK RUPS dan Akta Risalah e-RUPS tersebut tetap memenuhi syarat sebagai akta autentik. Walaupun dalam UUJN tidak ada ketentuan yang memperbolehkan “berhadapan” secara virtual dan berdasarkan UUPT memerlukan tanda tangan seluruh peserta, namun dengan menggunakan asas “lex spesialis derogat legi generali”, maka dapat menggunakan ketentuan pada POJK RUPS. Namun dikarenakan pengaturan spesialisnya pada tingkat POJK, disarankan agar dibuat peraturan dalam bentuk Undang-Undang agar memiliki dasar hukum yang lebih kuat.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125600196","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":"The Role Of CITES Management Authorities On The Law Enforcement Process On Shark Finning Crimes In Indonesia","authors":"Rafika Rizky Aulia Rahman, A. Afriansyah","doi":"10.29303/ulrev.v6i2.248","DOIUrl":"https://doi.org/10.29303/ulrev.v6i2.248","url":null,"abstract":"Sharks are one of the animals that are included in the CITES Appendix list and occupy the top position in the food chain in marine ecosystems. But in reality, these animals are often becomes the main catch targets or by-catch targets. The practice of shark finning is one of the activities that refer to cutting only the fins of sharks and throwing the rest of the body (whether alive or dead) back into the sea. If the animals that are at the top of the food chain in the sea are exploited irresponsibly so that they are threatened with extinction, this will have an impact not only on the species itself but will also have to impact other species and damage the marine environment. The purpose of this article is to find out how the role of management authorities in law enforcement in the crime of shark finning in Indonesian waters. Thus the question in this article is, how law enforcement will be able to suppress shark finning activities that occur in Indonesian waters. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore about shark finning crime. Research results show that the Ministry of Maritime and Fisheries as the Indonesian fish resource management authority has participated in the Task Force to eradicate illegal fishing under the rules of the Minister of Maritime and Fisheries of the Republic of Indonesia related to the standard operating procedures of the Law Enforcement Task Force to Eliminate Illegal Fishing as a specific criminal charge for the crime of shark finning as transnational crime. If activities are carried out in the waters of Indonesia, the charges for fines of sharks in the waters of Indonesia are under the jurisdiction of Indonesia as a sovereign state.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127147939","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":"The Establishment Of Legislation Using Omnibus Law As A Legal Breakthrough By The Government","authors":"Ahmad Muzayyin S, Muhammad Khairil Anwar, M. Y. Habiby, Tri Septiana","doi":"10.29303/ulrev.v6i2.219","DOIUrl":"https://doi.org/10.29303/ulrev.v6i2.219","url":null,"abstract":"Legislation and the process of its formation have a significant function in the development of national law. In Indonesia, legislation is the main method of creating law and the foundation of the national legal system. However, Indonesia is currently having hyperregulation. This article aims to describe the omnibus law method as a legal breakthrough used in the framework of establishing legislation. The discussion shows that omnibus law is the accurate method to be used as a solution in structuring laws and regulations. To overcome hyperregulation in Indonesia, the government chose the Omnibus law method, which is a legal breakthrough by forming new laws that amend, delete, and or/make new provisions from various laws. Law Number 11 of 2020 concerning Job Creation is a law that establishes using the omnibus method by changing, deleting, and or making new provisions from various laws.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121494832","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":"Consumer Protection Of Mobile Banking Users (Case Study Of Commonwealth Mobile Banking Account Breaking On Behalf Of Ilham Bintang)","authors":"M. Ilham, Inosentius Samsul, H. Marlyna","doi":"10.29303/ulrev.v6i2.244","DOIUrl":"https://doi.org/10.29303/ulrev.v6i2.244","url":null,"abstract":"Bank services, in general, are services to store customer funds safely. As one of the bank's primary services, customers have the right to obtain guarantees for funds deposited in the relevant bank. In its development, bank services have used technology assistance to create a mobile banking product. In the case raised in this paper, some customers lose funds at the bank, where the funds are stored use mobile banking. The purpose of this paper is to review the applicable Indonesian laws following the case of Ilham Bintang, a consumer of Common Wealth Bank. This research shall use secondary data from the normative juridical, a process to find the rule of law, legal principles, and legal doctrines to answer the legal issue. The legal topic discussed in this paper is how the applicable laws of banking and consumer protection protect bank consumers specifically, regarding account break-ins. Based on Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking and Law Number 8 of 1999 concerning Consumer Protection, banks as business actors are required to provide compensation, damages, and reimbursement, if offered, are not according to what promise. However, if it proven that this is not the business actor’s fault, the business actor may be released from this responsibility.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131385154","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}