8 research outputs found

    Efektifitas Peran Otoritas Jasa Keuangan (OJK) terhadap Pengawasan Pendaftaran Jaminan Fidusia di Kota Kendari

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    As the times are more advanced, human needs for food and clothing also increased. Even the fulfillment of equipment to support business activities becomes a basic necessity today. One way to satisfy these requirements is to conduct a transaction with a loan secured by the fiduciary models. This study aims to analyze the role of the Financial Services Authority in accordance with the Southeast Sulawesi UU.No.21 Year 2011 on the Financial Services Authority the registration of fiduciary oversight and knowing perfentif efforts undertaken by the Financial Services Authority against registration of fiduciary. This research was conducted in the Office of Financial Services Authority and Southeast Sulawesi Regional Office of the Ministry of Law and Human Rights in Kendari in Southeast Sulawesi. This study uses empirical study of normative law. The method used is the approach of legislation and conceptual approaches. Data obtained in the form of primary data and secondary data was analyzed qualitatively and quantitatively. The results showed that the Financial Services Authority have an important role in the financial sector, but from the point of civil Financial Services Authority can only oversee the fiduciary transactions in which one side is the financing institution. Efforts perfentif to the Financial Services Authority to do in terms of registration of fiduciary guarantee is subject to the regulatory process in a way able to request information or documents contained in the Ministry of Justice and Human Rights on the other hand can terminate the process of filing an application for registration of fiduciary guarantee and sanctions as a last resort

    PERAN KUA DALAM MENGURANGI ANGKA PERCERAIAN DI KECAMATAN POMALAA DAN WUNDULAKO

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    Perkawinan adalah ikatan suci antara pria dan wanita. Dengan mengucapkan ijab Kabul maka keduanya akan memikulperan sebagai suami isteri, dan juga orang tua. Keberadaan keluarga yang harmonis dapat menunjang terbentuknya masyarakat yang baik pula. Untuk menciptakan tujuan tersebut, maka angka perceraian harus diturunkan agar dapat memastikan tujuan kekal dan abadi dari perkawinan dapat terwujud. Dalam penelitian ini yang menjadi maslah adalah 1) faktor apa saja yang menyebabkan perceraian di Kota Kolaka?2) Bagaimana efektivitas peran KUA dalam menngurangi angka perceraian? 3)Kendala apa saja yang ditemui dalam pelaksanan kursus calon pengantin ini?. Penelitian ini merupakan penelitian sosiologi hukum, dimana melihat peran efektivitas KUA bukan hanya melalui perundang-undangan semata.Data diperoleh melalui hasil wawancara dan observasi kemudian dianalisis dengan mereduksi, mendisplay kemudian memverifikasi. Dari penelitian ini apat diketahui bahwa peraturan pelaksanaan Kursus Calon Pengantin ini sudah efektif dari segi peraturannya. Namun dari segi perilaku serta budaya hukum belum bisa dikatakan efektif. Selain itu faktor utama dari perceraian adalah perselisihan dan pertengkaran terus menerus yang tidak dapat ditemui lagi kerukunan dalam keluarga tersebut. Hingga solusi yang paling tepat adalah menjaga komunikasi antar keluarga

    Power Oligarchy: The Game of Cartel in Cooking Oil Scarcity

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    Allegations related to the cartel arise every time Indonesia experiences a shortage of cooking oil. The study aims to discuss the causes of the scarcity of cooking oil in Indonesia. Is it because of Permendagri Number 06 of 2022 or because of a cartel or is it caused by an artificial scarcity made by a syndicate? And whether this cartel and scarcity have anything to do with it. The study used qualitative research. The study uses normative or socio legal by analyzing relevant sources and news related to the scarcity of cooking oil. The results showed that the cause of the scarcity of cooking oil was the highest retail price which was marked by the issuance of Permendagri No. 6 of 2022, the law of one price which causes arbitrage, artificial scarcity by businessman, panic buying among the public, conditional sales and distribution problems. The relationship between the cartel and the scarcity of cooking oil lies in its complex and non-transparent distribution to consumers. The cartel group restrains the widely circulated cooking oil products with HRP because the businessman will lose out automatically if sold at HRP. Therefore, businessman withdraw products from the market and resulting in scarcity

    ANALYSIS OF THE BALANCE OF INTEREST PROTECTION OF DEBTORS AND CREDIBTORS IN THE BANKRUPTCY LAW

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    The Bankruptcy Law is intended to maintain business continuity, not only debtors but also creditors and parties who are indirectly involved in the bankruptcy case. The purpose of the Bankruptcy Law is not to impoverish debtors and creditors and other parties but to ensure how after the bankruptcy decision the parties can resume their business or start a business again from scratch. The research approach used in this research is qualitative. The type of research is library research or normative juridical. Sources of data come from laws, journals, and books related to the Bankruptcy Law. The method of data collection is done through documentation in the form of books and journals. The data obtained were then processed and analyzed prescriptively and descriptively. Data processing is carried out by systematizing legal materials by classifying data to facilitate analysis and construction in normative legal research. The results of this study indicate that the Bankruptcy Law as far as possible maintains the balance of rights of debtors and creditors. Article 2 Paragraph (1) In simple terms, the procedure for bankruptcy of a person is also excluded if the debtor is hopelessly in debt or has no hope of continuing his business. Article 2 Paragraphs (2), (3), (4) and (5) provide limited access for certain lines to be bankrupt, seeing that these lines are in direct contact with the interests of the general public. Article 4 aims to maintain family harmony. Article 41 to maintain the continuity of the creditor's business when the debtor is in the process of bankruptcy.The Bankruptcy Law is intended to maintain business continuity, not only debtors but also creditors and parties who are indirectly involved in the bankruptcy case. The purpose of the Bankruptcy Law is not to impoverish debtors and creditors and other parties but to ensure how after the bankruptcy decision the parties can resume their business or start a business again from scratch. The research approach used in this research is qualitative. The type of research is library research or normative juridical. Sources of data come from laws, journals, and books related to the Bankruptcy Law. The method of data collection is done through documentation in the form of books and journals. The data obtained were then processed and analyzed prescriptively and descriptively. Data processing is carried out by systematizing legal materials by classifying data to facilitate analysis and construction in normative legal research. The results of this study indicate that the Bankruptcy Law as far as possible maintains the balance of rights of debtors and creditors. Article 2 Paragraph (1) In simple terms, the procedure for bankruptcy of a person is also excluded if the debtor is hopelessly in debt or has no hope of continuing his business. Article 2 Paragraphs (2), (3), (4) and (5) provide limited access for certain lines to be bankrupt, seeing that these lines are in direct contact with the interests of the general public. Article 4 aims to maintain family harmony. Article 41 to maintain the continuity of the creditor's business when the debtor is in the process of bankruptcy

    The Socio–Juridical Dimensions of Passing Off in Indonesia

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    There are many business actors marketing products that resemble well-known brands in Indonesia. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the authors use The Classical Trinity Theory. The article’s aim is to explain the socio–juridical dimensions of passing off in Indonesia. Seeing that in Indonesia there are many business actors marketing products that resemble well-known brands. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the author uses The Classical Trinity Theory. The research uses a juridical-normative method, with statute and conceptual approach based on literature study, analyzed qualitatively. The Classical Trinity Theory is a theory used as a basis for assessment which states whether a passing-off action occurred or not. First, Goodwill, is whether business actors use the reputation of well-known brand owners to support their business. Second, misrepresentation, there is confusion by consumers regarding genuine products and fake products. Third, damage, there is an element of deceptive branding and goods or services which could very well result in losses experienced by the owner of the well-known brand as a result of copying the company's identity

    Debt Payment by Heir: A Study of Indonesian Legislation

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    The application of the Personality Principle in Article 1315 BW jo. 1240 BW in relation to Article 833 paragraph (1) BW was examined in this study, as well as whether these articles conflict with one another. Data were collected through interviews with key informants, and from legislation, journals, books and articles from websites. The study found that Article 833 paragraph (1) does not conflict with the Personality Principle because if the debtor dies, the heirs have no obligation to pay off the debtor’s debt, because an agreement only binds the parties who signed it, including the debt agreement. The bank would not declare the debt paid off until the insurance claim was settled. Keywords: debt payment, principle of personality, agreemen

    Legal Age of Marriage: A Socio-Science Review

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    The purpose of this paper was to examine the importance of the marriage law from various disciplines, in terms of the legal age of marriage. Data were collected by examining journals, books and other documents deemed relevant to the study. The findings indicated that the minimum age of marriage for girls, which was originally regulated in Law number 1 of 1974 concerning marriage, was 16 years. The Constitutional Court stated that this was unconstitutional and a violation of human rights, as well as a form of exploitation of children. Therefore, based on this decision, the Constitutional Court ordered legislators within a period of three years to make amendments to the Marriage Law, particularly with regard to the minimum age of marriage. In 2019, the issuance of a new rule of Article 7 paragraph (1) of Law number 16 of 2019 concerning amendments to Law number 1 of 1974 concerning marriage states that marriage is only permitted if the man and woman are a minimum of 19 years old. In adolescence, cervical cells have not yet grown in maturity. Sexual intercourse during adolescence increases the risk of being exposed to the human papilloma virus, the virus that causes cervical cancer. Another impact is that babies born to mothers who are under 18 years of age are more likely to have health issues. According to the BKKBN, the normal age for marriage is 25 years for men and 21 years for women. Early marriage not only has an impact on health, but also on the psychological survival of marriage. In addition, as a country where the majority of the population is Muslim, the age of marriage is also discussed in terms of religion and psychology. Keywords: legal competent, marriage, socio-scienc
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