Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Urgensi Regulasi Eksekusi Pidana Denda di Bidang Perpajakan Pasca Undang-Undang Cipta Kerja
Get PDFJob Creation Law has removed Article 13 paragraph (5) and Article 15 paragraph (4) of General Provision and Tax Procedures (KUP) Law. The absence of these articles may result in state financial loss recovery in taxation cannot be recovered. This research will identify how the regulation on the execution of tax fines related to the recovery of state financial loss before Job Creation Law was enacted and the consequences of Job Creation Law implementation on state financial losses recovery caused by tax crime. By applying the normative legal method, this research will propose the solution to the problem. The findings indicate that the KUP Law does not specifically regulate the execution of fines, so that there is a possibility that the fines will not be paid. However, based on Article 13 paragraph (5) and Article 15 paragraph (4) of the KUP Law, the state financial loss recovery can be imposed through tax assessment after court decision has permanent legal force. The elimination of these articles by Job Creation Law has the risk that the state financial losses cannot be recovered. Therefore, regulation in tax criminal fines execution is urgently required so that state financial losses can be recovered
Proses Penyelesaian Sengketa Gugatan Lelang Kepemilikan Sertifikat Hak Milik Nasabah terhadap PT. Bank Panin Indonesia (Studi Putusan No: 209/Pdt.G/2019/PN Tjk)
Get PDFBank is a financial institution that plays an important role in a country's economy. Credit is a loan that is submitted to buy something and the borrower makes payments by installments in accordance with applicable regulations. One of the things that is required by banks as creditors in providing credit is protection in the form of guarantees that must be provided by the debtor to ensure repayment of their debts for security and legal certainty. Basically the creditor holding the material guarantee has the right to execute collateral for sale by auction for debtor debt payment if the debtor fails to carry out his obligations based on a credit agreement or commonly referred to as default One of the dispute over a certificate ownership auction between the debtor or customer and the creditor or banking institution to be precise between the customer and PT Bank Panin Indonesia with decision number 209 / Pdt.G / 2019 / PN Tjk. The problem in this research is whether the factors that cause it to occur and how is the process of dispute resolution on the auction claim ownership certificate of customer ownership against PT Bank Panin Indonesia. This study uses a juridical normative and empirical juridical research approach. In this study using secondary data sources and primary data. Data collection techniques used through literature study, observation and interviews. Qualitative juridical data analysis. That the factors causing the dispute over the Auction of Customer's Ownership Certificate Ownership against PT Bank Panin Indonesia studied on Decision Number 209 / Pdt.G / 2019 / PN Tjk in which the Plaintiff was a Debtor to the Defendant As a result of the Plaintiff being unable to pay the Credit that was given by PT Bank Panin Indonesia as the Creditor, an auction was conducted with a limit value of Rp. 1,470,000,000 (one billion four hundred seventy million rupiah). As a result of this, the Plaintiff stated that the Defendant had committed illegal acts which caused the loss of the Plaintiff. The Dispute Resolution process carried out through Non-Litigation does not produce results, then it is carried out through Litigation. The Lawsuit against the Law filed by the Plaintiff against PT Bank Panin Indonesia was declared unacceptable. It is recommended that the public, in particular, be able to better understand and take into account and consider applying for credit to banking institutions because they have the risk of losing assets that are guaranteed to banking institutions. For banking institutions to be able to provide a very clear explanation when a credit agreement is made to avoid a lawsuit due to a misunderstanding between the banking institution as the creditor against the debtor at a later date
Eksistensi Lembaga Mediasi Sebagai Sarana Penyelesaian Sengketa Medis
Get PDFThis article discusses the existence of mediation institutions as a means of resolution in disputes, which discusses the legal basis and position of the mediation institution, the criteria or medical disputes and also the legal power of the mediating institution in the resolution of medical disputes. The research method used by the author is a doctrinal research method which is intended to find a legal principle, rule of law and legal doctrine in order to get answers to legal issues in the discussion in this article. Medical disputes arise due to different interpretations between health services and the patient/ patient's family in providing services to health. However, in the medical practice law, it is stated that the settlement of medical disputes can be done through litigation and submitting complaints to the Honorary Council of Indonesian Medical Disciplines and since the health law and the hospital law, mediation institutions have begun to be recognized as an institution that conducts medical work. the settlement process outside the judiciary and has the legal power of the mediation institution
Tinjauan Yuridis terhadap Perlindungan Nasabah Perbankan Yang Menggunakan Layanan Internet Banking
Get PDFNowadays technology is experiencing very rapid development, especially in conducting transactions and communication, namely by utilizing the internet as a medium, one of which is banking that uses the role of the internet or also called internet banking. The purpose of this study is to find out how the security of banking information is to uphold the principle of confidentiality in protecting the identity of customers who useproducts or services Internet banking, legal protection against the use of Internet banking, and the responsibility of banks to customers who suffer losses due to the use of internet banking. The research method used is normative juridical with analytical descriptive approach, through qualitative analysis techniques and data collection techniques through literature study using secondary data derived from primary legal materials, secondary legal materials and tertiary legal materials. From the results of this study found that the security protection of banking information by implementing a mechanism that has the purpose to avoid the various cybercrime or adverse impact on the security or confidentiality of customer informationusers, internet bankinglegal protections, regulated in Law Number 10 of 1998 concerning Banking and Law Number 11 of 2008 which was amended to Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number 8 of 1999 concerning Consumer Protection, Law Number 36 of 1999 concerning Telecommunications and Electronic Transactions, as well as in In terms of responsibility, the bank provides compensation as agreed with the customer through prior checking
Peranan Hukum Kepailitan Menghadang Potensi Kepailitan Dalam Industri Keuangan Syariah
Get PDFDispute resolution in sharia economics can be pursued through litigation. If referring to Article 2 passage (1) of Law No. 37 of 2004 concerning Liquidation and Delay of Obligation Installment Commitments, it is expressed that a debt holder who has at least two lenders and doesn't pay off somewhere around one obligation that is expected and can be If the case alluded to is a sharia monetary chapter 11 case, the court alluded to in this Law is the Strict Court. The exploration technique utilized is standardizing lawful examination. However, along with the growth of ordinary companies and companies that act as financial institutions, both banks and non-banks, the government should respond by providing a special court to resolve commercial cases committed by Islamic companies. Thus, it is necessary that the Commercial Court within the Religious Courts be established in order to fulfill legal certainty, usefulness and elements of justice for corporate legal entities that run their business with sharia principles
Pertimbangan Hakim dalam Penerapan Sanksi Pidana Bagi Pelaku Tindak Pidana Perdagangan Orang (Studi Putusan Nomor: 782/Pid.Sus/2020/PN.Mtr)
Get PDFIn the preface of the 1945 Constitution of the Republic Indonesia it has been stressed that the Indonesian state government was framed to ensure the whole Indonesian country, to advance public government assistance, teach the country's life and execute world request, everlasting harmony and civil rights for every single Indonesian individual. Indeed, Indonesian culture, from kids to adulthood, are survivors of dealing with people and there are additionally ladies who become tainted with HIV/AIDS in the wake of becoming traveler laborers. The wrongdoing of illegal exploitation has been efficient and has even entered the worldwide exchange organization, upheld by present day offices and framework and moderately limitless wellsprings of assets. This exploration was gotten normatively and afterward depicted to portray the information gathered methodicallly. The information utilized as the principle information source are optional information sources, to be specific information acquired from a writing study comprising of essential and auxiliary lawful materials. The outcomes showed that the use of assents given by the Panel of Judges was not as per the social parts of mankind and basic liberties by applying the idea of lawful targets. Remembering that the reason for discipline isn't counter against the culprit of the wrongdoing yet as a result is one of the means and endeavors to teach and make the litigant mindful of his activities and keep others from carrying out comparable demonstrations
Penyelesaian Tindak Pidana Perzinahan dalam Hukum Adat di Kabupaten Batanghari
Get PDFCustomary criminal law or customary violation law are customary law rules that regulate events or wrongdoing that result in disturbing the balance of the community so that it needs to be resolved (in law) so that the balance of the community is not disturbed. One of the areas that still applies customary law as a rule that is obeyed. In social life, law and society are two things that cannot be separated. Therefore we need a rule of law to regulate social life in order to achieve public order. These legal rules are either written or unwritten. Applicable nationally and regionally, in the field of public law and private law. Customary violations are rules of customary law that regulate events or wrongdoing that result in disturbing the balance of the community so that it needs to be resolved (in law) so that the balance of the community is not disturbed. One of the areas that still applies Customary Law as a rule that is obeyed by the community, as happened in Batanghari Regency, the community still respects customary law in solving cases such as the crime of adultery
Sanksi Pidana Adat terhadap Pelaku Tindak Pidana Melarikan Anak Perempuan Dibawah Umur di Desa Selat Kabupaten Batanghari
Get PDFSpecial customary law of customary criminal comes from the custom of the community so it is referred to as the law born from below. Customary law as an unwritten law is the basis in determining good and bad behavior in a particular traditional society. Customary law, especially customary criminal law, has certain sanctions if one or more members of the traditional community commit irregularities or actions that are not in accordance with the norms and rules of decency (Adat Law). Article 332 of the Penal Code is understood to be taking away an immature woman with a view to mastering it, by our society is often associated with the term eloping. Eloping itself when it is interpreted simply is between a man and a woman who performs marriage without being approved by his parents or guardians. Taking away an underage woman or child abduction is again widely talked about by the public. Cases of fleeing underage women are spread almost all over Indonesia, our concerns are becoming even greater because the victims of child abduction are the majority of underage girls. To investigate, investigate and dismantle the chain of cases that are quite complicated it takes "extra energy and spirit" because of the problems of unemployment, poverty, education, gender inequality, patriarchy culture, as well as the lack of rule of law, public awareness, and the role of the authorities in addressing the problem
Ketentuan Hukum Mengenai Mangkir dalam Omnibus Law
Get PDFThe number of existing regulations in Indonesia often has the effect of reducing the effectiveness of implementing laws and regulations due to the overlap between regulations. With the enactment of Act Number 11 of 2020 on Job Creation, many labor regulation have been changed, one of which is related to a specific time work agreement. Therefore, this study aims to conduct a study on change to the provision in the employment agreement for a certain period of time, which certainly affects the rights and obligation between worker and employment, this change must be understood by both worker and employment. Through normative legal research, it can be seen that there are a number of things that need to be discussed in relation to the enactment of Act Number 11 of 2020 on Job Creation. As a result of discussion, this study describes absenteeism and the rights of employment if the worker terminates the employment agreement for a certain period of time before the end of the agreement
Perlindungan Konsumen terhadap Kelangkaan Produk Non Pokok Akibat Penimbunan yang Dilakukan oleh Pelaku Usaha
Get PDFIn 2020 Walls Indonesia re-launched their legendary product, "Viennetta" Ice Cream which was famous in the 90s. but this is misused by bad people who are not responsible for their own interests. They took advantage of the public's enthusiasm for the return of the legendary product from Walls Indonesia, namely Viennetta Ice Cream by hoarding these items and selling them at a higher price. The regulations regarding consumer protection against hoarding of goods have received protection from the Ministry of Trade in the Regulation of the Minister of Trade Number 20/M-DAG/PER/3/2017 concerning Registration of Business Actors in the Distribution of Staple Needs, but unfortunately this regulation only applies to basic goods. Therefore, this study aims to educate consumers in order to know their rights as consumers and so that the government can re-discuss regulations regarding stockpiling of goods so that they can be expanded not only to basic necessities by using the juridical normative research method and using a statutory approach, the authors get the results of this research that consumers can still get legal protection against the scarcity of a non-basic item by using the Trade Law, the Consumer Protection Law, and the Business Competition Law.