Stanford journal of law, science & policy最新文献

{"title":"Legal Protection Of Broker Company’s Customers Against Commodity Futures Trading In Review Of Law Number 10 Year 2011 (Case Study Of PT. Kontak Perkasa Future)","authors":"Rahmat Ari Septiawan","doi":"10.35335/jls.v3i3.1676","DOIUrl":"https://doi.org/10.35335/jls.v3i3.1676","url":null,"abstract":"This thesis discusses the legal protection of brokerage company customers against commodity futures trading in terms of Law Number 10 of 2011 concerning commodity futures trading, to determine the role of brokerage companies in conducting commodity futures trading transactions and to determine aspects of legal protection provided by brokerage companies. to the agreement that has been made between the brokerage companies in this case is PT..Kontak Perkasa Future and customers/investors; and to know the legality and supervision in the futures trading transactions to customers, business people, to the general public, and especially to futures brokerage companies in Indonesia.This study uses normative juridical research, which is a form of research that describes the applicable laws and regulations associated with legal theories and positive law enforcement practices, which are related to the problems investigated. The data collection techniques that the author uses in this research are interviews, literature study, direct observation or field observation. With the existence of a free market, the freedom of consumers (in this case customers in the Futures trading sector) to choose products and services from a Futures brokerage company is increasingly open. On the other hand, this condition can result in the position of business actors (in this case Futures Brokers) and consumers (customers) becoming unbalanced. The customer is in a weak position and becomes the object of business activity to achieve the maximum profit by business actors (Futures Brokers). The main factor that becomes the weakness of consumers (customers) is that the level of customer awareness of their rights is still very low, plus not all futures brokerage companies that appear have a business license from CoFTRA, therefore a legal protection is needed for brokerage company customers in Indonesia. Commodity futures trading as regulated in Law Number 10 of 2011.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90560121","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":"Legal Position Of A Person Who Is Not Attended (Afwezigheid) According To The Kuhperdata (Case Study At The Career Of Health Of Medan)","authors":"Jessica Vania Theresa Samosir","doi":"10.35335/jls.v3i3.1674","DOIUrl":"https://doi.org/10.35335/jls.v3i3.1674","url":null,"abstract":"The development of technology and information does not guarantee that someone's whereabouts are unknown to others. Over time, it turns out that there is still a state of absence (afwezigheid), where a person's whereabouts are not known. With the condition of a person's whereabouts is not known by the family or community where he has committed a legal act, a problem will arise regarding the legal status of the person, this will relate to the interests of other people, namely the family left behind and will also intersect with various legal aspects, including the person's inheritance. The legal status of the person declared in a state of absence (afwezigheid),Based on this background, the issues raised are how the procedures for implementing and managing assets from an absence state (afwezigheid) by the Medan Heritage Property Center are held, what is the responsibility of the Medan Heritage Property Office in managing absenteeism fees (afwezigheid) and what is the role of the Medan Heritage Property Center in implementing and management of inheritance based on Court Decision Number 123/Pdt.P/2005/PN.TTD. The research method used in this study is descriptive analytical research, because it aims to describe the real situation, then the data obtained are analyzed qualitatively. Data were obtained through library research, namely collecting theoretical materials from the literature such as primary legal materials, secondary legal materials, and tertiary legal materials. The process of managing the assets of people who are not present (afwezigheid) is carried out starting from the recording stage to the stage of managing boedel in an absent state (afwezigheid). The responsibility of the Medan Heritage Treasurer in managing boedel absences (afwezigheid) is carried out until a period of 30 years and then becomes the property of the State, the role of the Medan Heritage Treasures in managing boedel absences (afwezigheid) based on Court Decision Number 123/Pdt.P/2005 /PN.TTD has been in accordance with the duties and functions of the Heritage Office.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"53 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84492004","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":"Settlement Of Bad Loans Through Debt Payment Obligation Submitting Institutions (PKPU)","authors":"Dini Syakina Siregar","doi":"10.35335/jls.v3i3.1672","DOIUrl":"https://doi.org/10.35335/jls.v3i3.1672","url":null,"abstract":"In order to enter the era of globalization and face the growth of the national economy, the banking sector is one sector that must be developed and utilized optimally. Especially through the provision of facilities provided by the banking sector for the community. The problem formulated in writing this thesis is how to handle bad loans in the banking environment, then discussed again What is the legal relationship between the Suspension of Debt Payment Obligations (PKPU) and bad loans, then discussed about How to settle bad loans through the Debt Payment Obligation Suspension Agency. (PKPU).The research that will be conducted is normative legal research. Normative research based on primary and secondary legal materials, namely the intarization of regulations relating to the writing of the author's thesis. The data collection technique was carried out by means of library research (library research). From the data that has been collected, both primary data and secondary data, then processed and analyzed using qualitative descriptive analysis techniques. Bad credit (Non Performing Loan / NPL) is where the credit cannot run as agreed in the credit contract agreement. Bad credit or credit failure can occur for many reasons. To avoid the occurrence of bad credit, it is necessary to control. Every loan disbursement of course has complied with banking regulations and is in accordance with sound credit principles. If indeed in the future, the credit develops into bad credit, then PKPU will be an alternative for the debtor and creditor in repaying the credit. As long as PKPU lasts, debtors cannot be forced to pay their debts. All execution actions that have been assessed to obtain debt repayment, must be suspended.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82271897","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":"Jurisdiction Of A Country’s Air Territorry In International Law Perspective","authors":"Yan Jefri Barus","doi":"10.35335/jls.v3i3.1673","DOIUrl":"https://doi.org/10.35335/jls.v3i3.1673","url":null,"abstract":"The sovereignty of a country is no longer absolute or absolute, but at certain limits it must respect the sovereignty of other countries, which are regulated through international law. This is what became known as the relative sovereignty of the state. In the context of international law, a sovereign state must essentially obey and respect international law, as well as the sovereignty and territorial integrity of other countries. The problem in this research is How is the JURISDICTION of a country's airspace? What are the principles of air law adopted by nations in the world (internationally)? How is the JURISDICTION of a country's airspace in the perspective of international law? Its basic function is to show the way to solve research problems. The airspace contained above the land area, inland waters, and territorial sea is included in the jurisdiction of a country. This can be seen from article 1 of the Chicago Convention 1944 concerning International Civil Aviation: \"State sovereignty in the air space above its territorial area is complete and exclusive sovereignity\". This provision is one of the main pillars of international law governing air space. The principles of international air law include the principle of airspace sovereignty, the principle of JURISDICTION of air space, and the principle of responsibility. The principles in jurisdiction are the principle of territorial, national, passive personality, protection or security, universality, and crime according to applicable legal criteria. In relation to state jurisdiction in airspace, very closely related to law enforcement in the airspace. With jurisdiction, the country concerned has the authority and responsibility in the air to carry out law enforcement in air space.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86528481","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":"Juridical Review Of The Executorial Strength Of Liability Certificates In Overcoming Non-Loading Loans (Study At Bank Danamon Cab. Sukaramai Assistant)","authors":"Deri Fachrizal","doi":"10.35335/jls.v3i3.1669","DOIUrl":"https://doi.org/10.35335/jls.v3i3.1669","url":null,"abstract":"The increase in development activities has resulted in an increasing need for the availability of funds, most of which are obtained through credit activities. So it can be said that credit is one of the most important sources of development financing. Credit in banking activities is the most important business activity, because the largest income from bank business comes from income from credit business activities in the form of interest and fees. The problem in this research is how is the procedure for binding the mortgage certificate as collateral for the credit agreement at PT. Bank Danamon Sub-Branch Sukaramai Medan. What are the obstacles to Mortgage in Fulfilling the Rights of the Parties in the Mortgage Execution Process at PT. Bank Danamon Sukaramai Medan Sub-Branch and How the Executional Strength of Mortgage Certificate at PT. Bank Danamon Sub-Branch Sukaramai Medan?. The method used in this research is empirical juridical, namely an approach from the point of view of the rules and implementation of regulations that apply in society, which is carried out by researching secondary data first, then continued by conducting research on primary data in the field. The procedures that must be fulfilled by the customer from the time the credit application is submitted until the payment of a loan granted by the Bank is: Credit Application, Credit Investigation and Analysis, Types of Credit. The importance of binding debt guarantees is so that we can anticipate exactly whether the guarantee will be able to be executed or easily executed. This is because the different procedures for binding guarantees have a direct correlation with how they are executed. Obstacles in the Execution of Mortgage as collateral for credit for legal protection for the interests of Creditors. There are several factors that become obstacles that often occur, namely the resistance by the Mortgage holder himself to the execution of the first Mortgage holder's application. This issue is not regulated in UUHT but is in the Material of Civil Procedure Law. The Mortgage Law has given great executorial power to the Mortgage Certificate, namely by the inclusion of an Irah-Irah which reads \"For Justice Based on the One Godhead\", so that the position of the Mortgage Certificate is the same as the Court's Decision which has obtained permanent legal force","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74814596","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":"Transfer Of Criminal Activities From One Country To Other","authors":"D. K. C. Sitepu","doi":"10.35335/jls.v3i2.1662","DOIUrl":"https://doi.org/10.35335/jls.v3i2.1662","url":null,"abstract":"Extradition is defined as the surrender of criminals from one country to another. The purpose and objective of extradition is to ensure that the perpetrators of serious crimes cannot escape prosecution or punishment. Therefore, it is appropriate and appropriate for the criminal to be handed over for examination and trial by a state having jurisdiction. The issue raised is the extradition procedure according to Law Number 1 of 1979, the types of crimes that can be requested for the transfer of the perpetrators of criminal acts. The method used is a normative juridical approach, namely research based on literature study. The literature study was conducted to find secondary data, while secondary data were primary legal materials in the form of criminal law literature, extradition and other secondary legal materials. Meanwhile, the tertiary legal materials used in this paper are materials obtained from the internet. Extradition procedures according to Law Number 1 of 1979 are conditions that must be carried out in the process of transferring criminals from one country to another. The perpetrator of a criminal act who can be extradited is any person whom the competent authority from a foreign country requests from Indonesia, on the basis that the person concerned is suspected of committing a crime in order to be able to serve a sentence, while a crime that cannot be extradited is a political crime.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83595704","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":"Legal Aspects Of Deposits As Credits Guarantee To Bank (Study At PT. Bank Danamon, Tbk)","authors":"Zaini Hafiz Hasibuan","doi":"10.35335/jls.v3i1.1649","DOIUrl":"https://doi.org/10.35335/jls.v3i1.1649","url":null,"abstract":"In general, economic activity in Indonesia is related to the general public with funds, meaning that every implementation of development requires funds for the continuity of the development. So that funds are a driving force that has such a big influence for progress in all aspects of the fields in the overall life of the nation and state. Likewise, business actors, both individuals and business entities, in carrying out development or business activities will require large amounts of funds, in the sense that the amount exceeds the funds and capital they have. One of the efforts for capital or funds is through bank credit facilities. So, it is appropriate to be able to understand how the implementation of credit agreements, how the efforts made in disbursing credit. This research uses a normative juridical approach proposed by Soerjono Soekamto, is a research study that emphasizes the science of law and tries to examine the legal rules and norms that apply in the midst of society. From a research result, it is found that First, in general, the implementation of credit agreements with deposit guarantees at first, prospective debtors must apply for credit by filling out the form as provided by the bank and completing all the administration, then the bank the bank performs a credit analysis to assessing the ability and feasibility of the debtor applying for credit. Second, after the application is received by the bank, the bank then makes disbursement efforts by binding it by signing and signed by the debtor (credit applicant) a letter of agreement and other documents that must be filled in for the credit disbursement process.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73586198","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":"Duties And Authority Of PKPU Management Basen On Law No. 37 Of 2004 Concerning Bankruptcy And Suspension Debt Payment Obligations","authors":"Zeffrianto Sihotang","doi":"10.35335/jls.v3i1.1650","DOIUrl":"https://doi.org/10.35335/jls.v3i1.1650","url":null,"abstract":"Suspension of Debt Payment Obligations (PKPU) is a way that can be done so that debtors avoid the bankruptcy process. In the PKPU process, one or more independent PKPU administrators are appointed to together with the PKPU debtor manage the assets of the PKPU debtor. The problem in this paper is about how the appointment of the management in PKPU, the relationship between the management and PKPU debtors, as well as the duties and authorities of the PKPU management as regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The research method used is a normative legal research method with a descriptive research nature and uses a juridical legal approach. Data collection was carried out by means of data collection in the form of library research in the form of books, articles, magazines and the internet which are closely related to the aims and objectives of writing this thesis. The data used is secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. The method used in analyzing the data is qualitative analysis. The conclusion of this paper is that the PKPU management is appointed by the Panel of Judges of the Commercial Court who examines and decides on the PKPU case with a decision. In PKPU, the relationship between management and debtors is very close based on the duties and authorities they have, so that in order to achieve the goals of PKPU, the management and debtors must always pay attention to and maintain good relations. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations has regulated the duties and authorities of the PKPU management in managing the assets of PKPU debtors together with PKPU debtors treasure.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76129125","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":"Juridical Review Of Legal Protection For Domestic Workers (PRT)","authors":"Mario Borneo Tarigan","doi":"10.35335/jls.v3i1.1651","DOIUrl":"https://doi.org/10.35335/jls.v3i1.1651","url":null,"abstract":"The existence of domestic workers or better known as domestic helpers is no stranger to the lives of Indonesian people, both in cities and in villages.The formulation of the problem in this study is: What is the Legal Position of Domestic Workers (PRT) in the Work Law in Indonesia? How are cases of domestic workers (PRT) resolved? What is the need for special arrangements for domestic workers (PRT) in the law.The method used is a normative research method which is a scientific research procedure to find the truth based on legal scientific logic from the normative side Legal Position of Domestic Workers (Prt) in Indonesian Work Law. Domestic workers are definitively recognized for their legal position as workers as referred to in Law Number 13 of 2003 concerning Manpower. According to Article 86 paragraph 1 of Law Number 13 of 2003 concerning manpower, it is stated that: “Every worker/labor has the right to obtain protection for (a) occupational safety and health, (b) morals and decency; and (c) treatment in accordance with human dignity and religious values. The consensus deliberation process is carried out between domestic workers and their employers and/or domestic service providers as the simplest step to resolve disputes. Deliberations were taken for the first time without the involvement of local government officials. However, if necessary, local government officials can serve as witnesses in the deliberations. In making decisions through deliberation to reach consensus, time is limited so that it does not drag on and a sense of justice is fulfilled in an effort to provide legal certainty for the parties The need for special arrangements for home workersDomestic workers (PRT) are an important source of livelihood for women and men in Southeast Asia. Because the work is done within the household and is considered informal work, there are no regulations governing it, and as a result it often goes unnoticed. This is a category of work that is in dire need of legal and social protection, as its workers are vulnerable to harassment and exploitation during recruitment and placement, during work, and upon return to their place of origin. This paper summarizes the main problems faced by domestic workers, as well as the obstacles experienced in obtaining their rights.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78486249","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":"Short Message Services (SMS) Fraud Against Mobile Telephone Provider Consumer Review From Law Number 8 Of 1999 Concerning Consumer Protection","authors":"Novanema Duha","doi":"10.35335/jls.v3i1.1654","DOIUrl":"https://doi.org/10.35335/jls.v3i1.1654","url":null,"abstract":"Technological advances, especially in the telecommunications sector, are growing very rapidly. One of the communication products/tools created is a cellular phone/mobile phone. The development of this technology does not rule out the possibility of fraudulent short message service (SMS) via cellular phones against consumers. The presence of Law Number 8 of 1999 concerning Consumer Protection as a form of protecting consumers against fraud via SMS. The problems raised in writing this thesis are how to protect the rights of consumers of cellular phone providers, then how to protect personal information and data of cellular phone provider consumers, and how to protect consumers from fraud through short message service (SMS). The research method used in writing this thesis is a normative juridical legal research method, namely by collecting data from various references either through books, legislation, websites, and other reference sources. Based on the results of the study, it is known that the rights of consumers of cellular phone providers refer to Law Number 8 of 1999 concerning Consumer Protection. While the protection of personal information and data is not specifically regulated, but partially regulated in Law Number 36 of 1999 concerning Telecommunications and Law Number 11 of 2008 concerning Information and Electronic Transactions. Furthermore, legal protection efforts for cellular phone provider consumers against fraud committed via SMS, can be in the form of preventive legal remedies and repressive legal remedies, and preventive actions can be taken for fraud through SMS.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73184224","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}