Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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COMPENSATION FOR HOME MORTGAGE CREDIT TRANSFER BY THE DEBTOR WITHOUT THE BANK'S KNOWLEDGE
No full text The transfer of mortgage loans to third parties without the bank notice may result in losses between the bank and the third party. because in this process there must be approval from the bank as a creditor and is marked by an authentic deed as a reinforcement in this agreement. Therefore, this article aims to determine the validity of the private deed agreement on the transfer of mortgage loan credit without notification to the bank and the legal consequences of compensation for ownership of the object of mortgage loan credit after the private deed agreement of the transfer of the debtor. The research method used is normative juridical which is research that refers to legal norms and national laws, With a research approach (statute approach). The results of this study indicate that the transfer of a mortgage loan (KPR) to a third party without the bank's knowledge is null and void by law or invalid and the legal consequences arising from these actions, creditors and third parties can sue and request compensation from the debtor for defaulting, then for the third party who has received the transfer of the mortgage loan does not get a name change
THE URGENCY OF REGISTERING SKINCARE PRODUCT PACKAGING DESIGNS TO PREVENT UNFAIR BUSINESS COMPETITION
Full text linkThe viral skincare trend encourages business actors to compete to launch products with innovations in content, benefits, and attractive packaging designs including materials, shapes, colors, and logos to attract consumers' attention and differentiate their products from others. However, the reality is that practices such as product counterfeiting, brand imitation, and similar packaging often occur. This not only harms genuine business actors, but also confuses consumers and damages market reputation. The purpose of this study is to analyze and identify product packaging design registrations to prevent unfair business competition. This research uses a normative juridical method by examining regulations and related legal literature. Various approaches are used to compare regulations and analyze packaging design protections. The results of this study show the importance of registering packaging designs as industrial designs or three-dimensional brands to prevent unfair business competition and protect owners from imitation and abuse. In addition, the revision of the Industrial Design, Business Competition, and Consumer Protection Law is needed so that regulations are in line with the development of the beauty industry and provide more optimal legal protection for business actors
LEGAL PROTECTION FOR CONSUMERS AGAINST ILLEGAL PHARMACEUTICAL DRUG SALES
Full text linkThe purpose of this study is to provide a clear picture of the mode of selling illegalpharmaceutical drugs online, as well as to examine the form of legal protection for consumers in thesale of illegal pharmaceutical drugs online. This research was conducted at the office of the Foodand Drug Supervisory Center of Gorontalo Province. This research uses normative researchmethods but is supported by empirical data and uses a qualitative approach through descriptiveanalysis methods of secondary data. Through a legal approach, this research examines existingregulations and sanctions for lawbreakers related to illegal drugs and a conceptual approach tobuild an ideal model of legal protection. The results show that the mechanism for selling illegalpharmaceutical drugs online is carried out through various modes, including falsification ofdistribution permits, use of unregistered digital platforms, and misuse of information technology.The form of legal protection for consumers on the sale of illegal pharmaceutical drugs online mustbe strengthened through clear regulations and strict law enforcement. Although consumerprotection laws and health laws have provided a legal basis for consumers to protect themselvesfrom unfair trade practices, there are still many challenges in implementing and enforcing laws thatare less effective and have been unable to keep up with the times
RESPONSIBILITIES OF LIMITED AND COMPLEMENTARY PARTNERS TO EMPLOYEE RIGHTS IF CV (COMMANDITAIRE VENNOOTSCHAP) DECLARES BANKRUPT
Full text linkWhile conducting business, a CV (Commanditaire Vennotschap) may face bankruptcy (Suspension Payment of Debt). In the Suspension Payment of Debt processes, it is crucial to consider the rights of employees. Therefore, it is essential to understand the responsibilities of each partner in the Major Labour Laws and Bankruptcy Laws regarding employee rights if the CV goes bankrupt. This study utilized a normative legal research method to analyze legislation, focusing on the inventory of positive law, legal principles, legal doctrines, legal findings in concrete cases, and legal systematics using secondary data (literature studies such as books, journals, theses, and dissertations). A CV (Commanditaire Vennotschap) cannot go bankrupt because it is not a legal entity, but bankruptcy can occur at the partner level within a CV (Commanditaire Vennotschap). The employee rights of limited partnership hold a particular position. The Major Labour Laws prioritize the payment of employee wages in the event of a company bankruptcy, while the Bankruptcy Law and suspension payment of debt tend to prioritize payment for other creditors secured by the company assets. Although there is legal certainty that payment of employee wages is a priority claim of the bankruptcy estate, there is controversy over this priority due to the different provisions of the two laws
THE NOTARY'S ROLE IN AGRARIAN LAW NAVIGATING LAND TRANSACTION COMPLEXITIES
Full text linkA notary can authenticate deeds and other legal responsibilities as a public official. With the enactment of UUJN no. 30 of 2004, discussions arose regarding the notary's jurisdiction in drafting deeds on land matters. This study aims to assess the efficacy of notaries' roles and duties in facilitating land registration processes in Indonesia, utilizing normative juridical methods to inventory, review, analyze, and comprehend legal norms governing notarial functions. It elucidates that, according to PP No. 24 of 1997, the individual assisting the Head of the Land Office is referred to as PPAT, with no mention of notaries as officials authorized to draft deeds for land registration. Nonetheless, certain deeds require notarial authentication when the PPAT lacks authority, serving as an essential component for land registration. Notaries' pivotal role and responsibility in land registration activities lie in the function of the deeds they produce, serving as evidence of legal actions and foundational documents for land registration at land offices. Consequently, the absence of notarial deeds could impede land registration data maintenance, as they are indispensable prerequisites for land registration processes.A notary can authenticate deeds and other legal responsibilities as a public official. With the enactment of UUJN no. 30 of 2004, discussions arose regarding the notary's jurisdiction in drafting deeds on land matters. This study aims to assess the efficacy of notaries' roles and duties in facilitating land registration processes in Indonesia, utilizing normative juridical methods to inventory, review, analyze, and comprehend legal norms governing notarial functions. It elucidates that, according to PP No. 24 of 1997, the individual assisting the Head of the Land Office is referred to as PPAT, with no mention of notaries as officials authorized to draft deeds for land registration. Nonetheless, certain deeds require notarial authentication when the PPAT lacks authority, serving as an essential component for land registration. Notaries' pivotal role and responsibility in land registration activities lie in the function of the deeds they produce, serving as evidence of legal actions and foundational documents for land registration at land offices. Consequently, the absence of notarial deeds could impede land registration data maintenance, as they are indispensable prerequisites for land registration processes
THE URGENCY OF THE HEAD OF VILLAGE’S EXTENSION FROM LEGAL PERSPECTIVE AND DEMOCRATIC THEORY
Full text linkThe Head of Village’s office work of only six years is considered too short, so elected village heads often do not have enough time to complete development plans in their villages. It is hoped that extending the Village Head's term of office to 9 years will increase the effectiveness of development and community welfare. On the other hand, extending the term of office is considered inconsistent with the spirit of democracy and the principles of the rule of law. This research aims to find out the legal regulations related to the position of village head and the urgency of extending the work of village head from a legal perspective and democratic theory. The author utilizes qualitative research methods with a normative juridical approach to explain the questions asked. The development of policies governing the term of office of village heads in Indonesia reflects changes in the structure of the village government. The discourse on increasing the term of office of village heads to nine years raises profound questions about the balance between leadership stability and the essence of democracy in the context of village government in Indonesia. Extending the term of office of village heads is not in line with the spirit of democracy and can open up space for developing oligarchy at the village level. Limiting power and limiting terms of office are the main principles for preventing abuse and maintaining balance in government
QUO VADIS: THE LEGAL POLITICS OF ISLAMIC BANKS UNDER POST-LAW NUMBER 21 OF 2008 ON SHARIA BANKING
Full text linkKeberadaan Politik hukum bank Syariah meliputi proses pembuatan hukum dan pelaksanaan hukum yang dapat menunjukkan sifat dan ke arah mana hukum akan dibangun dan ditegakkan karena politik hukum merupakan arah resmi yang dijadikan pijakan oleh Negara untuk membuat dan melaksanakan hukum dalam rangka mencapai tujuan negara. Politik hukum mengandung dua dimensi dalam mengkaji sebuah regulasi yaitu dari dimensi kebijakan dasar mengapa suatu regulasi diundangkan dan dimensi kebijakan pemberlakuan. Regulasi harus mampu memberi landasan dan menjawab ketiadaan institusi-institusi pendukung yang diperlukan bagi industri perbankan syariah berlandaskan prinsip syariah yang merupakan suatu bentuk konkretisasi proses transformasi subsistem hukum Islam menjadi bagian yang utuh dalam sistem hukum positif nasional dan aturan yang mengatur sistem operasional kegiatan usaha perbankan, keberadaan Bank Syariah di Indonesia merupakan salah satu bagian penopang dari pembangunan nasional. Penelitian ini menggunakan metode deskriptif analitis, yaitu penelitian yang menggambarkan ruang lingkup dan tinjauan tentang eksistensi, dengan menggunakan pendekatan statute approach (pendekatan perundang-undangan), dan conceptual approach (pendekatan konsep). Dengan rumusan masalah bagaimanakah Quo Vadis : Kebijakan Politik Hukum Bank Syari’ah Pasca Undang-Undang Nomor 21 Tahun 2008 Tentang Perbankan Syariah, Dengan tujuan penulisan artikel ini adalah untuk menganalisis keterlibatan peran negara dalam meregulasi keberadaan perbankan syariah, terkait dengan Rencana Pembentukan Undang-undang Ekonomi Syariah.The existence of legal politics in Islamic banks comprises the most common method for creating and enforcing regulations that can illustrate the kind and course in which the law will be constructed and implemented on the grounds. This is because the definition of legal politics itself is the official direction that the state uses as a basis to create and implement laws to achieve state goals. There are two dimensions of legal politics to consider when studying regulation: the basic policy dimension of why regulation is promulgated and the policy dimension of enactment. Regulations must be able to provide a basis and respond to the absence of the necessary supporting institutions for the Sharia banking industry, which serves as a form of improvement and implementation of the process of transforming the system of Islamic law into an integral part of the national legal system and laws regarding the operational system of banking business activities. The participation of Islamic banks in Indonesia is an important factor in national growth. This study employs an analytical-descriptive approach. It is a study that uses the statutory approach and the conceptual approach to define the scope and assess its existence. The formulation problem of this study is Quo Vadis: The Legal Politics of Islamic Banks under Post-Law Number 21 of 2008 on Sharia Banking. The purpose of this study is to examine the role of the state in regulating the development of Sharia banking in the context of the Plan to Create a Law on Sharia Economics
THE EXONERATION CLAUSES IN PARKING PRACTICES: A REVIEW FROM THE PRINCIPLE OF PROPORTIONALITY AND INCLUSIVE LAW
Full text linkThis research focuses on the analysis of exoneration clauses in parking practices from the perspective of proportionality and inclusive law perspectives. This research is a normative legal research with a concept, case, and statutory approach. The results of the study confirm that exoneration clauses in parking practices are usually not in accordance with the principle of proportionality because they ignore the substance in various court decisions where one of the substances is the exoneration clause should not be a means to "escape" from the responsibility of the parking manager because as stated in MA Decision No. 3416/Pdt/1985 parking practices are constructed as goods safekeeping agreements and the existence of an exoneration clause does not eliminate the responsibility of the parking manager to safeguard the goods deposited as long as it can be proven without any intention or negligence by the parking manager. Therefore, in the future the principle of proportionality can serve as a guide as well as a tester for the substance of the exoneration clause in parking practices. Furthermore, an inclusive legal perspective with regard to exoneration clauses in parking practices, in fact, exoneration clauses in parking practices is contrary to the spirit of prophetic law which emphasizes balanced legal relations and relations between parking managers and parking users as consumers. For this reason, to overcome the existence of an exoneration clause in parking practices is to involve the role of the regions in formulating a Regional Regulation which states that the exoneration clause in parking practices with the substance of business actors, namely the parking manager, is not responsible for losses suffered by consumers, namely parking users, is null and void by law. and can be accompanied as in the provisions of the PK Law.This research focuses on the analysis of exoneration clauses in parking practices from the perspective of proportionality and inclusive law perspectives. This research is a normative legal research with a concept, case, and statutory approach. The results of the study confirm that exoneration clauses in parking practices are usually not in accordance with the principle of proportionality because they ignore the substance in various court decisions where one of the substances is the exoneration clause should not be a means to "escape" from the responsibility of the parking manager because as stated in MA Decision No. 3416/Pdt/1985 parking practices are constructed as goods safekeeping agreements and the existence of an exoneration clause does not eliminate the responsibility of the parking manager to safeguard the goods deposited as long as it can be proven without any intention or negligence by the parking manager. Therefore, in the future the principle of proportionality can serve as a guide as well as a tester for the substance of the exoneration clause in parking practices. Furthermore, an inclusive legal perspective with regard to exoneration clauses in parking practices, in fact, exoneration clauses in parking practices is contrary to the spirit of prophetic law which emphasizes balanced legal relations and relations between parking managers and parking users as consumers. For this reason, to overcome the existence of an exoneration clause in parking practices is to involve the role of the regions in formulating a Regional Regulation which states that the exoneration clause in parking practices with the substance of business actors, namely the parking manager, is not responsible for losses suffered by consumers, namely parking users, is null and void by law. and can be accompanied as in the provisions of the PK Law
LEGAL AWARENESS OF FOOD DELIVERY RESTAURANTS REGARDING REGULATIONS ON REDUCING THE USE OF PLASTIC BAGS
Full text linkTimbulan sampah yang dihasilkan dari sisa aktivitas masyarakat menjadi problematika yang belum terselesaiakan bagi kota Surabaya. Laporan UN-ESCAP Surabaya menghasilkan 111.300 ton sampah yang terdiri atas 32% sampah plastik, 18% sampah layanan makanan sekali pakai, 14% sampah plastik produk sanitasi dan 12% merupakan sampah botol minum. Sebagai bentuk pelaksanaan dari program Sustanable Development Goals (SDGs), Pemerintah Kota Surabaya menerbitkan Perwali No. 16 Tahun 2022 tentang Pengurangan Penggunaan Kantong Plastik di Kota Surabaya. Bahwa banyaknya restoran pesan antar makanan secara online di Surabaya menjadi salah satu faktor yang menjadikan timbulan sampah plastik semakin meningkat. Dengan menggunakan metode yuridis empiris, penelitian ini mengambil sampel dari 50 merchant bergabung dalam go food, shoope food dan grab food yang ada di Kota Surabaya yang terdiri atas 30 merchant milik prinadi dan 20 merchant milik badah hukum. Hasil penelitian menunjukkan bahwa seluruh responden menyatakan mengetahui adanya Perwali tersebut, namun hanya 20% yang sadar dan menjalan sesuai dengan aturan dengan beralih menggunakan kantong belanja ramah lingkungan dengan memberikan tambahan biaya pada aplikasi. Kendala dalam penerapan Perwali tersebut dikarenakan belum adanya dukungan sarana hukum, sehingga pengawasan belum dilaksanakan secara maksimal.The Surabaya municipality is facing unresolved issues due to the waste generated by community activities. The UN Economic and Social Commission for Asia and the Pacific (UN-ESCAP) reported that Surabaya generates 111,300 tons of waste, comprised of 32% plastic waste, 18% single-use food service waste, 14% plastic sanitation product waste, and 12% beverage bottle waste. In order to implement the Sustainable Development Goals (SDGs), the Surabaya City Government has issued Surabaya Mayor Regulation No. 16 of 2022, which focuses on reducing the use of plastic bags in the region. One factor contributing to the increasing amount of plastic waste generation in Surabaya is the proliferation of restaurants offering online food delivery services. This study employs a juridical-empirical method by sampling 50 merchants affiliated with Go Food, Shopee Food, and Grab Food in Surabaya City. The sample consists of 30 privately-owned merchants and 20 merchants owned by legal entities. The results indicate that all respondents are aware of the Mayor's Regulation in Surabaya. However, only 20% of them consciously and consistently comply with it by using eco-friendly shopping bags and paying the additional fee through an application. The implementation of the Surabaya Mayor's Regulation has encountered obstacles due to a lack of supporting legal infrastructure, thereby resulting in suboptimal monitoring of its execution
ANALYSIS OF THE FACTORS CONTRIBUTING TO “PEACEKEEPING ON THE SPOT” BY POLICE PERSONNEL AND THE COMMUNITY
Full text linkThe law was created to provide benefits and safety, one of which is for motorists and drivers as the State has stipulated Law Number 22 of 2009 concerning Road Traffic and Transportation. In this regulation, the Indonesian National Standard regarding vehicles, especially motorized vehicles, has been stipulated, but in the city of Malang there are still many cases of motorbike raids that are not in accordance with regulatory provisions so that in zebra operations there are still many fines cases that are resolved peacefully in place. In this study using empirical juridical methods, using interview and observation techniques. In this study, it was found that the factors for the occurrence of peace in places, one of which was lack of public awareness. Thus, one of the efforts is to carry out prevention by providing socialization that this action is a criminal law action, one of which is corruption.Laws are created to provide benefits and ensure safety, such as for motorists and drivers, as stipulated in Law Number 22 of 2009 concerning Road Traffic and Transportation by the State. This regulation has established an Indonesian National Standard for vehicles, especially motorized ones. However, in the city of Malang, there are still many cases of motorbike raids that do not comply with the regulations, resulting in frequent zebra operations and on-the-spot settlements of fine cases. In this study, empirical juridical methods were used, including interview and observation techniques. It was found that one of the factors contributing to the occurrence of these violations is the lack of public awareness regarding peaceful arrangements in places. The study aims to provide a perspective that such violations constitute criminal acts and are subject to sanctions under Article 378 and Article 415 of the Criminal Code, as well as Article 8 of Law Number 20 of 2001, which concerns amendments to Law Number 31 of 1999 concerning the eradication of corruption. Therefore, one of the preventive measures to reduce such violations is to raise awareness among the public that these actions are criminal acts, including corruption