Fakultas Hukum Universitas Sriwijaya: Open Journal Systems
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Fiduciary Guarantee in Banking Transactions: Positive Law and Sharia Law Perspective
Get PDFThe process of transferring rights from the debtor to the creditor is solely based on trust. Fiduciary guarantees are a public need to apply guarantee law as a defense. on the implementation of consumer financing agreement agreements. Consumer agreements that are not accompanied by additional agreements result in the imposition of guarantees using general guarantees, so that the rights from material guarantees do not apply to him. This article aims to analyze the position and implementation of fiduciary guarantees in banking transactions from the perspective of positive and sharia law. The article uses normative legal research methods using statutory approaches and qualitative approaches. Article 1132 of the Civil Code finds that fiduciary guarantees in a positive legal perspective empower creditors to ask for compensation from the debtor by taking ownership of the promised guarantee and can be implemented directly without waiting for a court decision. While in the perspective of sharia law the term fiduciary guarantee is not recognized, in practice Islamic banks adopt the concept of fiduciary guarantee by using the term "rahn" which means that fiduciary guarantees enter into the collateral object and remain the property of the debtor and the creditor has the right of responsibility over the object as debt repayment guarantee words separated by
Pola Bussines To Bussines Dalam Pengadaan Tanah Bagi Pembangunan Bandar Udara Kediri
Get PDFThe issuance of Presidential Regulation Number 109 of 2020 on the Third Amendment to Presidential Regulation Number 3 of 2016 on Accelerating the Implementation of National Strategic Projects aims to increase infrastructure development in Indonesia. One of the realizations is through government cooperation with business entities. Airports are infrastructure that requires land in its development through land acquisition. This research uses a qualitative method with a descriptive analysis approach. The data collection techniques were observation, interview, and document study. The results of the research are the process and progress of the implementation of land acquisition for the construction of Kediri Airport which is carried out through the business to business (B2B) pattern and the stage pattern. Problems in land acquisition include the existence of parties other than the land acquisition team involved in it, lack of understanding of the land acquisition mechanism, no coordination from the party that requires land with the Ministry of ATR / BPN, and people who reject the value of compensation both when doing the B2B pattern and the pattern of land acquisition stages for the public interest. So that data verification, community and village apparatus guidance, coordination related to land acquisition for the construction of Kediri Airport with the Kediri District Land Office, and settlement through location determination to resolve problems in B2B for people who reject the value of compensation and consignment for people who reject compensation during the pattern stage
Can the Right to A Good and Healthy Environment be Claimed as a Human Right?
Get PDFLand fires in South Sumatra are an annual problem during the long dry season. It was recorded that in 2015, 2016, 2017, and 2018, the land fires spread massively in the four districts of South Sumatra. The peatlands located within oil palm plantations in the Districts of Ogan Komering Ilir, Banyuasin, Musi Banyuasin, and the district of Ogan Ilir were the source of the fire. The haze not only attracts national but also international attention. Besides human contribution to land fire, climate change should also be considered. The role of El Nino makes the season uncertain. Land fires affect human health and other human activities in the affected areas. Three legal instruments guarantee and protect the people's right to the environment, i.e., The 1945 Indonesian Constitution, the 2009 Law No. 32 on the Environment, and the 1999 Law No. 39 on Human Rights. The problem raised herein is to what extent people can claim the right to a clean environment as human rights guaranteed and protected in those legal instruments. The results of the discussion show that those three legal instruments do not protect people whose human rights have been violated. This is because 2000 Law No. 26 on Human Rights has no jurisdiction over environmental matters. It is suggested that establishing a special Environmental Court is the solution to protect community environmental human rights cases
The Use of Physical Strength in Children’s Education: Learning from Indonesian Court’s Judgments
Get PDFThis article explores the limitations of using physical force in educating children in Indonesia. It examines the prevalence of violence by parents and teachers in education. Increased public awareness and concern for children's rights have made the use of violence in education a taboo. This research uses a qualitative method with secondary data using literature and analysing court decisions from the human rights perspective. This study aims to determine the limits of tolerance for violence and corporal punishment. The court decisions have been taken as the data to be analysed from various locations where decisions have been issued were taken into consideration to depict the similarities and differences in deciding matters related to corporal punishment towards children. This article examines historical, cultural, and religious factors that influence the use of physical force, including interpretations of Islamic teachings. This paper also presents arguments for and against corporal punishment as an educational tool. This research sheds light on the complexities surrounding the permissibility of physical force in children's education and the conflicting views in society, providing insight into evolving understandings and legal perspectives on the subject
The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence
Get PDFTransjudicial conversation refers to the domestic court's judicial practice of cross-citing foreign decisions on common and shared human rights issues. Scholars have argued that this phenomenon facilitates the cross-fertilisation of rights norms and standards across territories. While this has been documented and studied in various jurisdictions, its incidence and effect in the Philippine context is yet to be fully understood. The paper thus seeks to explore the extent of such influence in the Philippine setting, specifically in the development of domestic human rights jurisprudence. In order to examine its impact, this research employs a qualitative research design. Select cases on free speech and religious exercise rights were analysed using doctrinal and content analysis approaches. These cases were purposively chosen, considering that Philippine provisions on these rights have shown close affinity with foreign constitutions. The analysis reveals that the participation of the Philippine Supreme Court in the transjudicial conversation phenomenon generally causes the cross-border fertilisation of human rights norms. Particularly, the impact of this engagement contributes to filling the gap in the domestic understanding of human rights concepts, expanding existing legal systems such as human rights and penal laws, and aligning national human rights systems with international laws. Such impacts enrich the domestic understanding of free speech and religious rights, specifically drawing bright lines between legitimate state intervention and individual enjoyment of the rights
KEDUDUKAN HUKUM PEMBAGIAN WARIS KETIKA PENGESAHAN PERKAWINAN DAN ANAK SETELAH PEWARIS MENINGGAL DUNIA
Get PDFThe purpose of this paper is to evaluate the division of inheritance in situations where marriage and child recognition take place after the testator dies. This research uses the doctrinal method, taking a statutory approach and a conceptual approach. The results show that a marriage that occurs after one of the spouses dies can still be recognized if it follows the procedure of registering the marriage at the civil registry office after obtaining a determination from the court, so that the marriage is considered valid. This is in accordance with Article 825A which states that the spouse left behind becomes the first class of heirs. Regarding the recognition of a child after the death of the father, Constitutional Court Decision No. 46/PUU-VIII/2010 allows for the legal recognition of the child, provided that it can be proven through science and technology, or other evidence that is valid according to law. Thus, the child is considered a legitimate child and becomes part of the first class of heirs together with the mother
KEBIJAKAN OPTIMALISASI PELAKSANAAN PERSIDANGAN PERKARA ANAK BERBASIS ELEKTRONIK DI PENGADILAN NEGERI PAGAR ALAM
Get PDFKendala pelaksanaan persidangan perkara Anak berbasis elektronik di Pengadilan Negeri Pagar Alam dari faktor hukum adalah terjadi kekosongan hukum yang dijadikan dasar agar Anak dapat didampingi secara tatap muka langsung oleh orang tua/wali, atau Advokat, dan Pembimbing Kemasyarakatan di Pengadilan Negeri Pagar Alam. Pada faktor sarana, Pagar Alam belum memiliki Lembaga Pembinaan Anak Sementara (LPAS) sehingga selama pemeriksaan ditempatkan sementara di LAPAS Kelas III Pagar Alam teruntuk narapidana dewasa, yang mana baik pemeriksaan dilakukan secara elektronik atau tatap muka, dapat berdampak kepada kemunduran moril dan psikologis Anak. Kebijakan optimalisasi pelaksanaan persidangan perkara Anak berbasis elektronik di masa mendatang melalui formulasi produk hukum yang berbasis elektronik dipadukan secara tatap muka langsung (hybrid). Selain itu, khususnya di Pagar Alam harus segera dibangun gedung LPAS dan LPKA tempat sementara anak menjalani persidangan dan tempat anak menjalani pidan
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PELECEHAN SECARA VERBAL DI LINGKUNGAN KERJA MELALUI WHATSAPP
Get PDFPublic awareness and law enforcement in handling sexual harassment cases so far are still lacking to be able to provide a deterrent effect because these cases still occur frequently, especially cases of verbal sexual harassment that often occur through social media. The crime of sexual harassment in the work environment through social media can be categorized as cyberharassment, but the article used to ensnare the perpetrator is not a pure article but an article that discusses crimes of decency because there is no specific regulation governing this matter so that victims of verbal sexual harassment through social media are not easy to report the case due to limited evidence and constraints from the legislation itself. With the unclear regulations that specifically regulate verbal harassment and violence, this will continue to cause violations of human rights against decency, so that legal protection is needed for victims of verbal harassment in the work environment through Whatsapp social media
ARBITRASE SEBAGAI PILIHAN FORUM PENYELESAIAN SENGKETA KONSTRUKSI BAGI PERGURUAN TINGGI NEGERI BERBADAN HUKUM
Get PDFAbstrakPerguruan Tinggi Negeri Berbadan Hukum (PTNBH) adalah konsep perguruan tinggi baru di Indonesia. Dengan status badan hukum, PTNBH dikatakan sebagai subjek hukum yang cakap dalam menjalankan tugas dan tanggungjawabnya, sehingga tidak menutup kemungkinan akan terlibat dalam sengketa. Peneliti menyadari potensi sengketa yang akan dihadapi PTNBH, salah satunya adalah sengketa konstruksi. Sebab, salah satu aspek kemajuan perguruan tinggi adalah sarana. Arbitrase merupakan pilihan penyelesaian sengketa perdata yang didasarkan pada perjanjian arbitrase yang dibuat secara tertulis oleh para pihak yang bersengketa. Berdasarkan temuan peneliti yang dilakukan dengan metode normatif, PTNBH dapat terlibat dan mengikatkan diri terhadap sebuah perjanjian arbitrase, ini dimungkinkan karena status PTNBH yang merupakan badan hukum secara mandiri sehingga dapat melakukan perbuatan hukum secara leluasa sebagai subjek hukum. Sebagai pilihan penyelesaian sengketa, arbitrase memiliki beragam keunggulan, mulai dari waktu penyelesaian sengketa yang singkat, biaya yang terukur, pelaksanaan penyelesaian sengketa secara tertutup dan keunggulan lain dibanding penyelesaian sengketa di pengadilan negeri.Kata Kunci: Arbitrase, Sengketa, Perguruan Tinggi Negeri Berbadan HukumAbstractLegal Entity-State University (PTNBH) is a new university concept in Indonesia. With a legal entity status, PTNBH is said to be a legal subject capable of carrying out its duties and responsibilities, so it does not rule out the possibility of being involved in a dispute. Researchers are aware of the potential disputes which PTNBH will face, one of which is a Construction dispute. Considering, one of the aspects of the advancement of a university is facilities. Arbitration is a civil dispute resolution option that is based on an arbitration agreement made in writing by the parties to the dispute. Based on a normative method research which was found by the Author, PTNBH may be involved and bind itself to an arbitration agreement, this is possible because of PTNBH's status as an independent legal entity so that it may carry out legal actions freely as a legal subject. As a dispute resolution option, arbitration has various advantages, starting from the short duration of dispute settlement, measurable costs, implementation of closed dispute resolution and other advantages compared to dispute resolution in a district court.Keywords: Arbitration, Dispute, Legal Entity-State Universit
NUCLEAR THREAT IN INDONESIA'S SOVEREIGN RIGHTS IMPACTED BY THE AUKUS AGREEMENT
Get PDFThe AUKUS agreement, a trilateral pact between Australia, the United Kingdom, and the United States, has increased tensions between Indonesia and Australia. The deal focuses on enhancing defense capabilities, particularly by developing nuclear-powered submarines. This has broader geopolitical implications for the Asia-Pacific region and affects bilateral relations between Indonesia and Australia. The two countries have historically shared strong economic ties and cooperation in various sectors but have also faced disagreements, particularly regarding issues like West Papua and regional security alignments. Indonesia views Australia's participation in AUKUS as potentially increasing foreign military presence in the region, raising concerns about sovereignty and maritime security. The focus on nuclear submarines also raises legal and environmental considerations under international maritime law, particularly concerning exclusive economic zones (EEZs) and resource sovereignty. With the world's largest maritime territory, Indonesia emphasizes adherence to UNCLOS and calls for dialogue to manage these tensions peacefully. Some perceive the AUKUS alliance as a response to balance China's growing power, but this polarizes regional perspectives, with Southeast Asian nations expressing mixed reactions ranging from support to apprehension. The alliance's implications extend beyond military capability enhancement to include technological cooperation and regional stability efforts. In conclusion, AUKUS aims to bolster security and technological advancement in the Indo-Pacific. Still, its implementation requires careful navigation of legal, environmental, and geopolitical complexities to mitigate potential regional tensions and uphold international norms