10 research outputs found

    Analisa Hukum Pelepasan Hak Keperdataan Tanah Hak Milik Menjadi Hak Guna Bangunan Bagi Badan Usaha Melalui Pembebasan Serta Implikasinya Terhadap Daya Tarik Investasi

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    The juridical provisions governing the existence of land are contained in Law Number 5 of 1960 (UUPA). The land rights contained in the UUPA will give rise to civil rights for the community and business entities, namely through the transfer of property rights to building use rights. The method used in this study is the normative juridical method or legal research literature. The data used are primary and secondary data. The data were collected using library or document techniques and interviews. The data that has been obtained is then analyzed using a qualitative juridical method. The results showed that the implementation of the release of the original land rights followed by the determination of the granting of land rights from Property Rights into Building Use Rights. Business Entities will become unattractive to investors in investing in Indonesia if the obstacles do not get legal guarantees from the government, especially in the utilization and use of land with respect to the period of Building Use Rights with a certain time limit, which can be extended according to applicable regulations

    Model Hubungan Alih Daya Dalam Hukum Ketenagakerjaan Indonesia Ditinjau Dari Perspektif Keadilan

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    This study intends to examine what prioritizes legal certainty for the guarantor of the debtor in the event of bankruptcy. This study will also discuss the practice of the methods used by personal guarantees to escape the snares of bankruptcy proposed by creditors as regulated in Article 24 paragraph (2) of the UUKPKPU, due to the lack of regulation in the UUKPKPU regarding guarantors. The method used in this research is the juridical-normative method. The results of this study indicate the following conclusions. First, the fact of the bankruptcy of the guarantor in various cases illustrates the incompatibility of the practice (das sein) of personal guarantees and the theory of underwriting. If the guarantor goes bankrupt, then the guarantor is no longer the party assisting the debtor; but it takes too much responsibility. Supported by the contents of the borghtoct agreement which does not contain provisions regarding the position of the guarantor in the event of debtor bankruptcy. If suddenly the guarantor goes bankrupt, then the theory of the purpose of bankruptcy which is to divide the principal debtor's assets will certainly not be achieved (especially when it is only the guarantor's property) is not achieved and finally legal certainty does not materialize. Second, the effort to realize legal certainty for creditors and guarantors in bankruptcy is the regulation of legal rules that regulate bankruptcy in a more detailed and rigid manner, in which the bankruptcy law consists of elements of general civil law (KUHPerdata), the Law on Bankruptcy, jurisprudence and other regulations. related regulations

    Reformulation of Work Relationships on the Outsourcing System in Indonesian Order to Protecting the Rights of Workers

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    The research entitled Reformulation of Work Relationship Norms in the Outsourcing System in Indonesia in the Framework of Protecting Workers' Rights was carried out based on normative legal research methods. Based on the analysis and study, it is found that in the Manpower Law, there are 2 (two) types of work agreements that are applied in the outsourcing system, namely a work agreement for an unspecified time (PKWTT) and a certain time work agreement (PKWT).  In each outsourcing company, it is regulated with the option that the work relationship at the company receiving the contract, the option is PKWTT, but it can be agreed upon through PKWT if it meets the requirements of Article 59 (Law No.13 / 2003). Whereas the work relationship option for a company providing worker / labor services is basically PKWT if it meets the requirements referred to in Article 59 (Law No.13 / 2003), but if it does not meet the requirements of Article 59, the working relationship must be PKWTT as long as it is made in writing and signed handle the parties. However, it turns out that Article 59 of the Law No. 13 / 2003 not only regulates the terms of PKWT, but also regulates 2 (two) possible choices of types of work agreements for a job, namely: first, Article 59 paragraph (1) of Law of the Republic of Indonesia. No. 13 of 2003 concerning work relations through PKWT, and second, Article 59 paragraph (2) of Law of the Republic of Indonesia. No. 13 of 2003, regarding employment relations through PKWTT. In relation to the working relationship of the contracting recipient company, the Elucidation of Article 59 paragraph (2) states that part of the production process cannot be agreed upon through PKWT. Meanwhile, in the outsourced work contracting agreement, the option is a work relationship through PKWT or PKWTT. Thus there is a conflict of norms, between the norms of work relations in the outsourcing system required by the employer (user), and the norms that are applied to the outsourcing company. However, outsourcing companies continue to implement a working relationship through non-permanent contracts. As a result, there are at least 15 (fifteen) basic rights, including the constitutional rights of outsourced workers / laborers that are lost or cannot be realized. For this reason, presumably the laws and regulations regarding labor made during the Dutch East Indies government (in Indonesia) are more structured in accordance with the hierarchy of laws and regulations and are harmonious both vertically and horizontally and are coherently intertwined with one another. There is no sectoral ego and no interest from certain parties, so that it can last for decades or even more than one hundred years until now. Even though during the Dutch colonial period, the political law that was enforced was how to regulate the colony so that the monopoly on natural resources could be controlled. In this regard, it is suggested that in the formulation of laws and regulations it can be guided by the laws and regulations at that time which are completely clean from the secular ego without any interest from certain parties. The norms of working relations in the outsourcing system in Indonesian legislation are not harmonious and coherent. Between one another there is a discrepancy and conflict of norms. Therefore, it is necessary to reformulate (rearrange) so that each content of legislation is coherent (interlinked with one another) and reflects the principle of legal certainty, harmony and harmony, so that it can provide protection (protection) to all parties in an equitable manner. Keywords: Reformulation; Work relationship; Transfer System; Legal Protection DOI: 10.7176/JLPG/103-10 Publication date: November 30th 202

    Regional Chief Election Democratic System in Perspective of The Unity Government of the Republic of Indonesia and Democracy Pancasila

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    Research on local elections The Democratic Government System in the Perspective of the Unitary Republic of Indonesia and Pancasila Democracy is based on normative legal research methods. Based on in-depth analysis and assessment, it was found that inperspectives system within Indonesia as a unitary state in which there is only one government that central government has the power as well as the highest authority in the field of state government and given that the regional administration is simply an extension of the central government, the Central Government in this regard the President has the power to determine the system the local elections with the electoral system either directly or by indirect elections. However, when associated with a presidential system of government adopted, then the appropriate electoral system is a direct election by the election system this rakyat.dalam Which is in accordance to the law of Sila All four Pancasila. Therefore, Election should be implemented in accordance with the law of the democratic ideals of Pancasila the election system should be implemented with the consensus system in the legislature. To avoid a debate that is ongoing is not finished-finished matter of choice electoral system directly or indirectly in the elections, needs to be done again amendment to the provisions of Article 18 Paragraph (4) Constitution NRI 1945, which immediately gives firmness electoral system used in accordance with the spirit the fourth principle of Pancasila listed in the preamble of the Constitution 1945. for that, it needs a comprehensive assessment of patterns of implementation of direct elections or through Parliament. Keywords: local elections. Unitary Republic of Indonesia, Pancasila Democracy DOI: 10.7176/JLPG/90-14 Publication date:October 31st 201

    RESTRUCTURING OF BANKING CREDIT AS A SAFETY EFFORTS TO IMPROVE CREDITS THAT ARE MADE IN NOTARY

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    The method used in this study is a normative juridical approach supported by empirical jurisdiction, because in addition to using secondary data as a reference, the authors also conducted research on primary data in the field as a reference in finding answers. The results of this study finally provide the answer that the implementation of debtor loan restructuring in a bank as an effort to avoid the occurrence of bad credit at the Bank can be achieved by reducing loan interest rates, extending credit / rescheduling period, reducing loan interest arrears, reducing loan principal arrears, the adition of credit facilities, conversion of credit into temporary capital participation, postponement of payment of the credit period (grace period) and combination of credit. In adition, the Notary’s authority in the implementation of debtor loan restructuring as an effort to save bad credit is to make an act authentic deed which is the basis of legitimate rights as the legal basis for the transfer of a guarantee belonging to the debtor to the bank legall

    Restructuring of Banking Credit as a Safety Efforts to Improve Credits That Are Made in Notary

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    The method used in this study is a normative juridical approach supported by empirical jurisdiction, because in addition to using secondary data as a reference, the authors also conducted research on primary data in the field as a reference in finding answers. The results of this study finally provide the answer that the implementation of debtor loan restructuring in a bank as an effort to avoid the occurrence of bad credit at the Bank can be achieved by reducing loan interest rates, extending credit / rescheduling period, reducing loan interest arrears, reducing loan principal arrears, the adition of credit facilities, conversion of credit into temporary capital participation, postponement of payment of the credit period (grace period) and combination of credit. In adition, the Notary's authority in the implementation of debtor loan restructuring as an effort to save bad credit is to make an act authentic deed which is the basis of legitimate rights as the legal basis for the transfer of a guarantee belonging to the debtor to the bank legall

    Implikasi Dan Implementasi Putusan Mahkamah Konstitusi Nomor 91/Puu-Xviii/2020 Terhadap Proses Pembentukan Peraturan Perundang-Undangan Di Indonesia

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    Pembentukan suatu aturan hukum terkandung suatu asas yang utama agar tercipta suatu kejelasan terhadap peraturan hukum, asas tersebut ialah kepastian hukum. Terlepas dari segala Pro dan kontra masyarakat terhadap konsep Omnibus law, tidak butuh waktu lebih dari satu tahun Rancangan Undang-Undang Cipta Kerja disahkan dalam sidang paripurna DPR RI. Metode yang digunakan untuk menganalisis adalah metode deskriptif sekaligus kualitatif. Deskriptif adalah menganalisis data dengan cara memaparkan secara terperinci dan tepat perihal fenomena tertentu terkait dengan penulisan hukum ini. Permasalahan yang akan diteliti pada penelitian ini adalah terkait Implikasi dan Implementasi Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Terhadap Proses Pembentukan Peraturan Perundang-Undangan Di Indonesia sehingga penelitian dan penulisan tesis ini mengaitkan teori hukum dan konsep hukum terkait implikasi dan implementasi putusan Mahkamah Konstitusi. Konsekuensi logis dari penelitian tipe yuridis normatif ini merupakan penelitian hukum dogmatik atau penelitian doctrinal. Mahkamah menyatakan bahwa UU Cipta Kerja bertentangan dengan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945) dan tidak mempunyai kekuatan hukum mengikat sepanjang dimaknai “tidak dilakukan perbaikan dalam waktu 2 (dua) tahun sejak putusan diucapkan. Dalam kata lain, UU Cipta Kerja masih tetap berlaku sampai dengan tenggat waktu perbaikan UU a quo yang telah ditentukan. Apabila hingga tenggat waktu yang diberikan tidak dilakukan perbaikan, maka UU Cipta Kerja dinyatakan inkonstitusional secara permanen dan seluruh Undang-Undang yang diubah dan dicabut oleh UUCK dinyatakan berlaku kembali.Kata Kunci: Putusan Mahkamah Konstitusi; Kepastian Hukum; UU Cipta Kerj

    Analisa Hukum Pelepasan Hak Keperdataan Tanah Hak Milik Menjadi Hak Guna Bangunan Bagi Badan Usaha melalui Pembebasan Serta Implikasinya terhadap Daya Tarik Investasi

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    The juridical provisions governing the existence of land are contained in Law Number 5 of 1960 (UUPA). The land rights contained in the UUPA will give rise to civil rights for the community and business entities, namely through the transfer of property rights to building use rights. The method used in this study is the normative juridical method or legal research literature. The data used are primary and secondary data. The data were collected using library or document techniques and interviews. The data that has been obtained is then analyzed using a qualitative juridical method. The results showed that the implementation of the release of the original land rights followed by the determination of the granting of land rights from Property Rights into Building Use Rights. Business Entities will become unattractive to investors in investing in Indonesia if the obstacles do not get legal guarantees from the government, especially in the utilization and use of land with respect to the period of Building Use Rights with a certain time limit, which can be extended according to applicable regulations

    Model Hubungan Alih Daya dalam Hukum Ketenagakerjaan Indonesia Ditinjau dari Perspektif Keadilan

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    This study intends to examine what prioritizes legal certainty for the guarantor of the debtor in the event of bankruptcy. This study will also discuss the practice of the methods used by personal guarantees to escape the snares of bankruptcy proposed by creditors as regulated in Article 24 paragraph (2) of the UUKPKPU, due to the lack of regulation in the UUKPKPU regarding guarantors. The method used in this research is the juridical-normative method. The results of this study indicate the following conclusions. First, the fact of the bankruptcy of the guarantor in various cases illustrates the incompatibility of the practice (das sein) of personal guarantees and the theory of underwriting. If the guarantor goes bankrupt, then the guarantor is no longer the party assisting the debtor; but it takes too much responsibility. Supported by the contents of the borghtoct agreement which does not contain provisions regarding the position of the guarantor in the event of debtor bankruptcy. If suddenly the guarantor goes bankrupt, then the theory of the purpose of bankruptcy which is to divide the principal debtor's assets will certainly not be achieved (especially when it is only the guarantor's property) is not achieved and finally legal certainty does not materialize. Second, the effort to realize legal certainty for creditors and guarantors in bankruptcy is the regulation of legal rules that regulate bankruptcy in a more detailed and rigid manner, in which the bankruptcy law consists of elements of general civil law (KUHPerdata), the Law on Bankruptcy, jurisprudence and other regulations. related regulations
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