ANAYASA : Journal of Legal Studies
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ANALYSIS OF NAME LOAN AGREEMENT IN THE PERSPECTIVE OF FREEDOM OF CONTRACT
No full textNominee agreements are one of the interesting legal issues in the Indonesian legal system, especially in the context of acquiring land ownership rights. This practice is often used to avoid various applicable legal restrictions, both related to the legal subject and the land use itself. In agrarian law, land ownership rights can only be owned by Indonesian citizens (WNI), as regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA). However, nominee agreements are often used to get around mandatory legal provisions, thus raising questions about their validity from the perspective of freedom of contract. This study aims to analyze the legality of nominee agreements between Indonesian citizens concerning acquiring land ownership rights, using a descriptive qualitative approach. The data were analyzed based on the provisions of the Civil Code (KUHPerdata), especially Articles 1320 and 1338 which regulate the requirements for the validity of agreements and the principle of freedom of contract. The results of the analysis show that although a name-borrowing agreement can be made based on an agreement between the parties, objectives that are contrary to the law make this agreement legally invalid. This practice also violates the principle of freedom of contract because it is used to smuggle coercive legal provisions. The legal consequences of a name-borrowing agreement are null and void so the rights and obligations arising from the agreement are not recognized. In conclusion, the title loan agreement cannot be legally protected and has the potential to pose legal risks to the land objects involved. Therefore, legal protection can only be given to agreements made per applicable legal provisions
LEGAL RESPONSIBILITY OF DIGITAL PLATFORMS FOR THE PROTECTION OF STOCK INVESTOR LOSSES IN THE E-COMMERCE ERA
No full textThis article aims to analyze the legal responsibilities of digital platform companies in protecting stock investors in the era of e-commerce. This research uses a normative method with a legislative approach and case studies. The results show that the protection of stock investors is highly dependent on adaptive regulation and the implementation of strict legal responsibilities by digital platforms. It is recommended that companies improve transparency, technology security, and user education to strengthen investor confidence. What is the legal responsibility of digital platform companies in protecting stock investors from legal and technological risks in the e-commerce era? What are the regulatory efforts in Indonesia to ensure legal protection for stock investors who use digital platforms, and what steps need to be taken to overcome the regulatory loophole
OPTIMIZING PRISONERS' RISK AND NEEDS ASSESSMENT IN PEMATANG SIANTAR CLASS IIA REHABILITATION
No full textIndependence coaching is a form of program implemented by providing work guidance training which is an effort to provide provisions and skills to correctional prisoners while they are serving their sentences which are useful when the prisoners return to the midst of society in providing such guidance, an assessment is carried out where the assessment activities carried out on correctional prisoners aim to collect data and information on correctional prisoners which are then verified and analysed to provide an assessment of the risks and needs of correctional prisoners, its implementation refers to the Minister of Law and Human Rights Regulation number 12 of 2013 concerning risk assessment and assessment of the needs of prisoners, The method used in this research is descriptive method to analyse a research with a case study as a series of activities in obtaining data by presenting the actual situation and explaining the circumstances and conditions of the problem, Optimisation of risk assessment and needs assessment in the independence coaching program at the Pematang Siantar class IIA correctional institution is currently not optimal where its implementation should refer to the Minister of Law and Human Rights Regulation number 12 of 2013 concerning risk assessment and needs assessment of prisoners, this is because in the implementation of risk assessment and needs assessment itself in the Pematang Siantar class IIA correctional institution there are obstacles accompanied by various factors
IMPLEMENTATION OF LA DARAR WA LA DIRAR RULES IN THE SYIRKAH MUDHARABAH CONTRACT : CASE STUDY OF KAMPOENG KULINER MAKASSAR
No full textThe purpose of this research is to analyze the application of the La Darar Wa La Dirar principle in the syirkah mudharabah contract at Kampoeng Culinary Makassar. This research uses a qualitative approach with normative / shar'i, phenomenological, and sociological methods. Informants include managers, employees, and investors of Kampoeng Culinary Makassar, as well as customers, business experts, and muamalah. Data collection techniques were conducted through observation, interviews, and documentation, while data analysis included data reduction, data presentation, and conclusion drawing. The results showed that: (1) The contract implementation mechanism at Kampoeng Culinary Makassar is good, although there are still obstacles that need to be improved to prevent darar between the manager and Sohibul Māl. The process includes four stages: written agreement, fund collection, profit sharing, and contract dissolution. (2) Management efforts in applying the principle of Lā Darār Wa Lā Dirār include the presentation of business proposals, profit and loss projections, cooperation MoUs, the use of cloud-based cashier technology, monthly financial reports, and evaluation meetings with investors. (3) The obstacles faced include the large number of investors, miscommunication in understanding the contract and profit sharing, investors' lack of understanding of financial statements, and unpreparedness to accept the risk of loss. The solutions implemented are consultation, socialization, education, and provision of information to related parties
THE ROLE OF THE SALATIGA CITY REGIONAL FINANCIAL AND REVENUE MANAGEMENT AGENCY IN DETERMINING MARKET VALUE FOR BPHTB TAX COLLECTION
No full textThis research aims to analyze the authority of the Regional Financial and Revenue Management Agency (BPKPD), implementation, and legal consequences in determining the value of land sale and purchase transactions as a basis for determining Land and Building Rights Acquisition Fees (BPHTB) in Salatiga City. This research uses empirical normative legal research methods with statutory, conceptual and sociological approaches. The authority of the BPKPD in determining the selling price of land as a basis for determining BPHTB in the City of Salatiga is regulated in Salatiga Mayor Regulation Number 33 of 2024 concerning Guidelines for Implementing Rural and Urban Land and Building Tax Collection. In determining the BPHTB, the Salatiga City BPKPD makes adjustments to the Land and Building Tax Payable Tax Notification Letter (SPPT PBB) for the year when the BPHTB Regional Tax Payment Letter (SSPD) is reported with the determination of the amount of the PBB Tax Object Sales Value (NJOP) which has been adjusted based on the Decree of the Mayor of Salatiga for each year's period. The factors that influence the determination of land sale and purchase prices as a basis for determining BPHTB are the data base and human resources
INCREASING LEGAL AWARENESS OF MSME ENTREPRENEURS FOR TRADEMARK REGISTRATION AT DJKI
No full textThis study aims to analyze the legal implications for micro, small, and medium enterprises (MSMEs) that do not register their trademarks, as well as the legal steps that can be taken in the event of trademark infringement by another party. The method used is normative legal research, which focuses on a study of the legal norms governing trademark registration through the Directorate General of Intellectual Property (DJKI). This study was conducted by examining laws and regulations, court decisions, and academic literature to identify challenges and opportunities in the trademark registration process for MSMEs. The results showed that failure to register a trademark can lead to various legal, economic, and strategic risks, such as potential trademark infringement, loss of control over the market, and a weak legal position in dispute resolution. International legal frameworks, such as the Paris Convention and the TRIPS Agreement, emphasize that trademark registration is a key requirement for strong legal protection. In Indonesia, various protection mechanisms are available for MSMEs that experience trademark infringement, including civil lawsuits, criminal sanctions, and administrative complaints. Therefore, MSME actors are advised to immediately register their brands, obtain legal assistance, and encourage the simplification of law enforcement procedures to ensure the continuous protection of trademarks and increase competitiveness in the market
JUDGES' CONSIDERATIONS IN PKPU DECISIONS AGAINST DEBTORS UNDERGOING HOMOLOGATION
No full textThis study aims to analyze the legal considerations of judges in PKPU decisions against debtors who are executing homologation decisions and examine the legal provisions related to PKPU applications against the same debtor based on Law No. 37 of 2004. This study also highlights the legal phenomena related to two different decisions (homologation and bankruptcy) that occur to the same debtor and their legal impact on the company. The method used in this research is a normative juridical approach with a case study of PT Sabang Subur. Data was collected through literature study and analysis of related court decisions. The results showed that the differences in legal interpretation in the application of PKPU to debtors who have carried out homologation can lead to legal uncertainty. Therefore, this research is expected to provide insight for legal practitioners regarding the aspects that need to be considered in making legal decisions related to PKPU applications to create legal certainty and justice in Indonesia
JURIDICAL REVIEW OF THE TRANSFER OF LAND RIGHTS ORIGINATING FROM A DEBT AND CREDIT AGREEMENT : STUDY OF DECISION NUMBER 73/PDT/2018/PT SMG
No full textThe transfer of land rights originating from a debt agreement is a legal phenomenon that often occurs in society. The purpose of this study is to understand the legal actions in which the burdening of rights changes into a transfer of rights and to determine the legal consequences of the annulment of the transfer of rights based on court decision number 73/PDT/2018/PT SMG. The method used in this research is normative juridical law. The result of this research is that the annulment of the transfer of rights provides an important lesson that every transfer of rights must be carried out by adhering to valid legal procedures to avoid legal harm to the parties involved and to ensure legal certainty in the national land administration system
NOTARY LIABILITY FOR THE DEED OF LOAN AND LOAN AGREEMENT THAT IS LEGALLY DEFECTIVE AND CANCELED BY THE JUDGE : STUDY OF DECISION NUMBER 22/PDT/2017/PT. AMB
No full textDeeds made by a notary, such as a deed of agreement, sale and purchase deed, or grant deed, have the force of law that binds the parties involved. Notaries are obliged to carry out their profession with full dedication and integrity. The purpose of this study is to find out the responsibility of the Notary for the legally defective Deed of Borrowing Agreement and to find out the legal consequences for the Deed of Borrowing Agreement that is legally defective and canceled by the judge. This legal research is a type of Normative legal research. The result of this study is that the cancellation of the agreement has a retroactive effect that cancels all rights and obligations previously regulated in the agreement. The status of the deed as an authentic document is lost, so its evidentiary power declines and can only be considered as a deed under hand
DIVERSION IN THE JUVENILE JUSTICE SYSTEM: A REVIEW OF IMPLEMENTATION AND CHALLENGES
No full textThis research aims to find out the implementation and challenges of diversion. In this study, an empirical method is used. The primary and secondary data obtained are analyzed using a qualitative method, namely analyzing data related to the problem being researched, then selecting based on logical thinking. The results of this study show that: The implementation of diversion in the juvenile criminal justice system in Indonesia has a very important role in protecting children from the adverse effects of the judicial process. Despite the many challenges faced in its implementation, with improvements in terms of training law enforcement officials, and rehabilitation facilities, and increasing public awareness, diversion can be a more effective and profitable solution for children facing the law. Efforts to improve and pay greater attention to children's rights in the criminal justice system are expected to realize a fairer, more humane justice system and support child rehabilitation