UNES Law Review (Universitas Ekasakti Padang)
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Kewenangan Dewan Perwakilan Rakyat dalam Penggantian Hakim Konstitusi yang Berasal Dari Usulannya dalam Masa Jabatan
Get PDFThe precedent of dismissal and replacement of Constitutional Court Judge Aswanto during his term of office by the proposing body (DPR) is the first time this has occurred in the history of filling the position of Constitutional Court Judge in Indonesia. Does the DPR unilaterally have the authority to dismiss or...recall against Constitutional Judges originating from their proposals during their term of office. The research results explain thatLThe proposing body can renominate or replace the constitutional judge from his proposal during his term of office if the constitutional judge from his proposal is dismissed during his term of office by the President first at the request of the Chairman of the Constitutional Court based on the reasons stated in the Law on the Constitutional Court. However, the proposing institutions (DPR, Supreme Court and President) cannot unilaterally withdraw or recall constitutional judges based on their proposals
Perlindungan Konsumen Terhadap Pembelian Sepeda Motor Baru Mengenai Kerusakan Rangka Esaf Ditinjau Dari Perspektif Ibnu Taimiyah dan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Get PDFMotorcycle vehicles at this time are one of the primary vehicles used by the majority of people in daily activities. So that a motorcycle vehicle that is safe and suitable for use is a great hope of the community, especially in the frame which is the most important part of a vehicle. Lately cases that are rife in the community are damage to the eSAF frame resulting in broken and porous Honda brand vehicles, several incidents of broken motorcycles in the middle of the road, this is what attracts the author\u27s attention to examine more deeply about what causes it and how Ibn Taymiyah\u27s perspective and the Consumer Protection Law on this problem. This research is qualitative research with an empirical normative approach method using a type of research approach, namely library research. The results of this study show that there are rampant cases of damage to Honda motorcycle frames because they use eSAF type frames that are not good from previous types of frames, while from AHM explained that every product they market has been checked and is suitable for use. According to Ibn Taymiyyah in the principle of buying and selling is not justified this practice, because the frame is in the vehicle and not visible, there should be liability for damage suffered by consumers. And in terms of consumer protection, precisely in article 7 letters a-g has not been effectively applied in this broken frame proble
Perlindungan Hukum Bagi Investor Indonesia pada Perusahaan Joint Venture dalam Perusahaan Penanam Modal Asing
Get PDFTo increase economic competitiveness in the international world. Indonesia needs capital assistance, one of which is from foreign investors. There have been many regulations issued by the government to provide aspects of legal certainty and ease of investment in order to attract foreign investors into Indonesia. As one of the ways investors enter and invest their funds in Indonesia is by using the Joint Venture method. In foreign investment, disputes may arise between local and foreign partners. Thus, Indonesia also needs to provide a sense of security and legal protection for domestic investors so as not to experience pressure in the country due to the effects of differences in capital capabilities. Regulations regarding legal protection for minority investors in Joint Venture agreements are not expressly accommodated in Law Number 25 of 2007 concerning Investment. Law Number 25 of 2007 concerning Investment requires foreign investors to form a Limited Liability Company. Therefore, all regulations regarding the rights and obligations of shareholders can be accommodated in Law Number 40 of 2007 concerning Limited Liability Companies. However, if the parties to the Joint Venture contract make other agreements outside of Law Number 40 of 2007 concerning Limited Liability Companies, the provisions in Law Number 40 of 2007 concerning Limited Liability Companies will no longer apply
Hukum Mempelajari Ilmu Mantiq Menurut Imam An-Nawawi dan Imam Al-Ghazali
Get PDFIlmu mantiq merupakan ilmu yang mempelajari tentang logika, ilmu mantiq pertama kali dipopulerkan oleh para filsuf yunani yakni Sokrates, Plato, dan Aristoteles. Kehadiran ilmu mantiq di dalam Islam membawa perbedaan di kalangan para ulama, yakni dalam hal mempelajarinya, Imam An-Nawawi adalah salah satu ulama yang mengharamkan mempelajari ilmu mantiq, sedangkan Imam Al-Ghazali adalah salah satu ulama yang memperbolehkan mempelajari ilmu mantiq bahkan menganggap mempelajarinya adalah fardhu kifayah. Tujuan dari penelitian ini adalah untuk mengetahui pandangan Imam An-Nawawi dan Imam Al-Ghazali terkait dengan mempelajari ilmu mantiq, kemudian untuk mengetahui analisis perbedaan pendekatan dan sudut pandang yang digunakan oleh Imam An-Nawawi dan Imam Al-Ghazali dalam mempelajari ilmu mantiq. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian kepustakaan, data yang diambil melalui studi yang mendalam terhadap literatur-literatur yang relevan, seperti buku, artikel, dan tulisan-tulisan Imam An-Nawawi dan Imam Al-Ghazali. Imam An-Nawawi melarang mempelajari ilmu mantiq karena menggagap ilmu mantiq merupakan inti dari filsafat, sedangkan Imam Al-Ghazali menganggap ilmu mantiq sebagai penghantar dari filsafat
Implikasi Yuridis Dianutnya Causal Stelsel Terhadap Kekuatan Mengikat Sertifikat Tanah Objek Hak Tanggungan
Get PDFThis research was conducted to determine and analyze the juridical implications of adopting causal stelsel on the binding strength of land certificates obtained from the auction results for the execution of mortgage rights. The legal problem is how the juridical implications of adopting causal stelsel have on the binding force of land certificates obtained from auction results for the execution of mortgage rights. To achieve the research objectives, a document study of the Makassar District Court Decision Number: 278/Pdt.G/2018/PN-Mks has been carried out using three approaches, namely the conceptual approach, legislation and legal objectives. The results of the research show that in his legal considerations the judge stated that the land certificate obtained from the auction for the execution of mortgage rights does not have binding force if it can be proven that from a historical perspective the certificate was issued for the first time on the basis of an unlawful act, namely the party who sold the land for the first time had no right. act freely on the object of buying and selling. As a result, auction buyers who are not aware of hidden defects in the auction object do not receive legal protection
Hak Pengelolaan Lahan dalam Pembangunan Kawasan Investasi Pulau Rempang Ditinjau dari Hukum Positif Indonesia
Get PDFThe development of the Rempang Eco-City Investment Area is included in the National Strategic Project in 2023. In developing the investment area, the Government authorizes the Batam Free Trade and Free Port Area Concession Agency, hereinafter referred to as BP Batam, in the form of Management Rights (HPL). However, the authority is difficult to understand its legal position by various circles of society. The purpose of this study is to analyze the legal legality of land management and recognition of the existence of indigenous peoples as well as the protection of rights to communities affected by land vacancies for investment purposes on Rempang Island, Batam. The research method in this paper uses a normative juridical method with statutory approach and conceptual approach. The result of this research is that BP Batam does not have a strong basis as the holder of management rights to vacate the land currently occupied by the people of Rempang Island Batam. This is because BP Batam has not yet obtained the certificates for the management rights of Rempang Island and there is no legal basis related to the compensation budget either in the form of compensation or other programs. In addition, there is no clear recognition of the existence of indigenous peoples around Rempang Island. The efforts to protect the rights of people affected by land vacancies for investment purposes on Rempang Island Batam can be done by preventive efforts, repressive efforts and judicial efforts. 
Implementasi Hukum Tidak Menghadiri Undangan Walimah dengan Sengaja ditinjau dari Mazhab Syafi’i (Studi Kasus Desa Kebun Sayur Batu Bara)
Get PDFThis research aims to find out the Islamic law that lives in society and the community\u27s response to Islamic law in the Batu Bara Sayur Garden Village. The method used in this research is field research which is used to collect information through interviews with a number of elements of society and through field observations. According to the Shafi\u27i School, everyone who is invited is obliged to attend the invitation, but the invitation will be void if there is an excuse. However, in the village of Batu Bara Vegetable Gardens, attending a walimah\u27s invitation is considered a normal thing, when they are invited they don\u27t seem to care and don\u27t give a clear reason why they don\u27t attend the walimah\u27s invitation. When attending a walimah invitation, you also need to look at the terms and criteria regarding whether or not the walimah is required to attend. The results of this research show that the implementation of the law of not attending a walimah\u27s invitation intentionally is a sinful act, because according to the Syafi\u27i School of Law, attending a Walimah\u27s invitation is fardhu \u27ain, and this is not practiced and implemented properly by the Batu Bara Vegetable Garden Village Community
Unsur Kesengajaan Dan Aspek Keperdataan Dalam Tindak Pidana Pasal 385 ke-4e KUHPidana
Get PDFPenelitian berfokus terhadap bagaimanakah seyogyanya putusan hakim terhadap Terdakwa dalam Putusan Pengadilan Negeri Oelamasi Nomor : 76/Pid.B/2023/PN Olm, tanggal 6 Februari 2024 ditinjau dari unsur kesengajaan dan aspek keperdataan? Tujuan penelitian ini adalah untuk mengetahui putusan hakim yang tepat terhadap Terdakwa dalam Putusan Pengadilan Negeri Oelamasi Nomor : 76/Pid.B/2023/PN Olm, tanggal 6 Februari 2024 ditinjau dari unsur kesengajaan dan aspek keperdataan. Kesimpulan : seyogyanya dalam Putusan Pengadilan Negeri Oelamasi Nomor : 76/Pid.B/2023/PN Olm, tanggal 6 Februari 2024 Terdakwa Ferry Hermanus David Loak dijatuhi putusan bebas karena unsur kesengajaan dalam Pasal 385 ke-4e KUHPidana tidak terbukti atau dijatuhi putusan lepas dari segala tuntutan hukum karena perbuatan yang dilakukan oleh Terdakwa Ferry Hermanus David Loak bukanlah perbuatan pidana melainkan perbuatan dalam ranah hukum perdata
Keabsahan Pembatalan Lelang Eksekusi Hak Tanggungan Terhadap Harta Bersama
Get PDFThe regulation concerning auctions in Indonesia, particularly in the context of the execution of joint property encumbrance rights, has become a crucial topic of discussion. Since the era of Dutch East Indies, auctions have been formally regulated through the Auction Regulation, still in effect based on the 1945 Constitution of the Republic of Indonesia. Despite the established auction processes, cancellations often occur due to legal violations. These cancellations can be initiated by the seller or the judiciary. The aim of this research is to examine the legal issues regarding the validity of canceling auctions in the execution of joint property encumbrance rights. The research adopts a legal research methodology utilizing legislative, conceptual, and case study approaches. The study meticulously elaborates on the procedures and legal issues related to auction cancellations, as well as the application of asset settlement in cases of joint property litigation. By highlighting various types of execution auctions and the legal aspects involved, this research delves into the processes associated with auction cancellations and their consequences. In the execution of joint property encumbrance rights, auctions do not require the consent of the husband or wife but can be annulled if it is proven that there is an unlawful act in the execution of credit agreements or the granting of encumbrance rights. Consequently, auction results can be invalidated due to the commission of an unlawful act by either party
Implementasi Pengaturan Hak Untuk Dilupakan Melalui Sistem Penghapusan Data Pribadi dan/atau Dokumen Elektronik Menurut Perspektif Hukum Positif di Indonesia
Get PDFThe Internet revolutionized the information market by allowing people to access unlimited information with just a computer and a connection. Information on the internet is not only more accessible, but also eternal (Digital Eternity). Social media is not only used to communicate, but is also used for many negative things such as providing information that is incorrect, unethical, even violating legal regulations and disrupting public conversation. In simple terms, it is a spreading activity such as uploading and writing wrong or prohibited things that can harm other people. Therefore, Indonesia is looking for a way to adopt the European legal system regarding human rights, where the right is to maintain one\u27s reputation as a human being worthy of living without the shadow of the past, so that the term Right to be Forgotten is found, which is defined as the right to obtain, automatically or upon request, the deletion of personal information, which is no longer useful, posted by the data owner himself, or a third party, even if the information was posted lawfully. This right will provide major freedoms to victims who feel disadvantaged by their personal data being distributed via electronic media. Currently, Indonesia has included a right-to-be-forgotten clause in several laws and regulations that have been approved, and the implementation system has even been regulated. However, there are still many problems that make it a little difficult to enforce this right, considering that Indonesia also has the right to an opinion and the right to know public information, so the implementation of the right to be forgotten is still often subject to criticism and is strangled by the right to remember/right to know