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', Firdaus
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Earth & Planetary Sciences Law, Crime, Criminology & Criminal Justice

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PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; ', Firdaus; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Directors shall be acting in good faith and responsibly in conducting management of the Company. It was done based on a standard of liability (standard of duty) the most high as stated by law. in this case the role was based beliefs that include, scrupulous, good faith, condor. Related to the case of a lease which is wrapped around the former director of PT Merpati Nusantara criminalizing directors of the company, especially in terms of decision-making led to a loss for the company when making such decisions based on good faith, and in accordance with the articles of association of the company. Article 97 Paragraph 5 of the Company Law says that the Board of Directors shall be take a responsibility for the loss of the Company if the directors can prove that in doing the maintenance company and the decision has been based in good faith and with prudence for the benefit and in accordance with the purposes and objectives of the company the.The research objective of this thesis, namely; First, the application of the principles of Good Faith in the Company Law. Secondly, legal certainty for directors of limited liability company that runs the principles of Good Faith by the Company Law.This type of research is a normative legal research. In a normative legal research, the author have examined the legal issues by using normative research on the principles of law.From the results of research and discussion of the problem there are 2 main things that can be inferred. First, the application of the principles of good faith in leading the Company's directors as stipulated in Article 97 of the Company Law. Although the Company Law acknowledges the existence of the principle of good faith, but no details of the Company Law and the details regarding the principle of good faith (good faith). Second, protection of legal certainty for directors in making a business decision has been regulated in Article 97 paragraph (5) of the Company Law, but in practice there are still many problems could be found for their interpretations in terms of the notion of state finances and state assets causing disharmony between the Company regulations and other regulation so that directors are acting in good faith for taking care of the company is hard to get legal certainty. Suggestions Author, First, should be made a special regulation governing the standard of good faith is not just for company directors, but for the organ of the company such as the AGM and the board of directors in order to create legal certainty for the organ of the company in carrying out their respective duties. Secondly, it needs to be harmonization of all four of the Act by changing the understanding of the State assets are separated state finances and to revise the law.Keywords: Principles of Good Faith, Directors, Limited Liability Company
TANGGUNG JAWAB PENJUAL TERHADAP TANAH YANG BERSENGKETA Manik, Rahmat GM; ', Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Land as a commodity that can be owned by the public, transferable ownership rights, one way transfer of land rights is through buying and selling. In the process of buying and selling land, the land status of the trade is very important. Because the common phenomenon of buying and selling land that was in dispute. The sale and purchase of land under customary law adopts cash, real and bright, meaning that every relationship should look real and concrete. Means of direct cash payments when buying and selling process, the real meaning of buying and selling land as a real object, and the light means buying and selling is done in front of the authorities. Today the frequent buying and selling land that is in dispute, of course it would be detrimental to the buyer. Land dispute itself has not decided who is entitled by law to have it, but routed through buying and selling. When there is a third party that will disturb the tranquility of the buyer to control the land he bought.Issues that will be examined in this study are: First, whether the land in dispute can be the object of buying and selling? Second, if the seller is responsible for the land in dispute?This research is a normative legal research. This discussion is more to discuss about an analysis of the law written in the book. Source of data used is the source of the data obtained from the study of literature, among others, include official documents, books, research results in the form of reports and so on. Data was analyzed qualitatively in drawing conclusions using deductive thinking.The results of this study are first, that the land was in dispute can not be transferred, because the land rights dispute itself is still up for grabs. Certainly not qualify agreement is valid lawful reason. Second, the seller is responsible in conflict over land dispute traded. Because the law states that the seller shall ensure and bear the traded goods. Advice from the author of First, the land in dispute should not be traded, because the rights of the land is not yet clear, Secondly, the land in dispute Seller shall be liable for damages arising from the sale and purchase of land in dispute.
PELAKSANAAN PEMBERIAN KREDIT USAHA RAKYAT (KUR) MIKRO PADA PT.BANK RAKYAT INDONESIA (BRI) UNIT TUANKU TAMBUSAI PEKANBARU ', Syafrianto; ', Firdaus; Bachtiar, Maryati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Micro Business Loan (KUR) Micro is a credit or working capital financing aimed at business actors who do not have additional collateral, but in the implementation the dealer still requested additional collateral to the prospective customer.The purpose of writing this thesis, namely: first, to know the implementation process of Micro Business Loans (KUR) at PT. Bank Rakyat Indonesia (BRI) Unit Tuanku Tambusai Pekanbaru. Second, knowing the reason of PT. Bank Rakyat Indonesia (BRI) Unit Tuanku Tambusai Pekanbaru requested additional collateral to prospective customers in Micro Small Business Credit (KUR) process. The type of this research is sociological research, that is research obtained directly from society.From the results of the study there are several things that can be concluded that the reason for requesting additional collateral to prospective customers is to guarantee and provide a sense of security to the bank against the funds it provides and to ensure that the debtor has the intention and good faith to fulfill his achievements because his securities serve as additional collateral. The author's suggestion, the dealer to further improve the quality of service and remove additional collateral requests so as to provide a legal certainty for the community.Keyword: Implementation - Micro KUR - Additional Collateral
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEREDARAN MIE BASAH YANG MENGANDUNG ZAT BERBAHAYA OLEH PELAKU USAHA DI KOTA PEKANBARU Fernanda, Rian Dwiky; ', Firdaus; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The more advanced and growing community or consumers in Indonesia,the more consumer demands will be things practical. In eraglobal the easier thecirculation of food products from within and abroad that enter the domesticmarket so as to avoid the possibility of expired food products, and containing orcontaminated with hazardous substances and prohibited food additives such asformalin, borax, rodhamin B, methanyl yellow or processed food originating fromthe import of substandard waste food.As for the purpose of writing this thesis is To know the Legal Protectionfor Consumers Against Circulation of Wet Noodles Containing DangerousSubstance By Business Executors In Pekanbaru City, as well as obstacles.The conclusion that can be obtained from this research is, First, theprotection of the law for consumers to the circulation of wet noodles containingharmful substances by business actors in the city of Pekanbaru is still not runningproperly, where there are still many consumers who are harmed due to thecirculation of wet noodles containing hazardous substances, Second, barriers inlegal protection for consumers to the circulation of wet noodles containinghazardous substances by business actors in Pekanbaru city caused by severalfactors including, consumer factors, business actors, and government. Suggestionwriter in this research is, First, Government should increase supervision tocirculation of wet noodle containing hazardous materials in Pekanbaru City tominimize losses suffered by society Second, business actors in running theirbusiness should show good faith and give clear information of goods and orservices circulated and attempts to pay attention to consumer rights andobligations as business actors that have been formulated in the UUPK and alsoconsumers wet noodles should be more careful in buying and consuming wetnoodles to avoid danger.Keywords: Legal Conservation - Consumer - Wet Noodle - DangerousSubstance - Business Actor
Status Hak Ulayat Masyarakat Hukum Adat Yang Termasuk Dalam Kawasan Hutan Lindung (Kasus Desa Balung Kecamatan XIII Koto Kampar Kabupaten Kampar) Rahman, Fadli; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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State shall recognize and respect the customary law community unit along with the rights traditional all still alive and in accordance with the development and principles of the Unitary Republic of Indonesia, as mandated in the Constitution of 1945. However, its implementation in the field lead to conflicts in the determination of forest areas by the central government unilaterally without the involvement of regional governments and local Indigenous stakeholders. Customary land rights of indigenous people's been inhabited for generations before the formation of the Unitary Republic of Indonesia, not necessarily become a forest area designated the Central Government through the Ministry of Environment and Forestry.On the basis of these problems the author interested in conducting research in the village of Kampar Regency Balung research objectives: a) To know the process of establishing a forest area by Central Government: b) To determine the existence of customary rights and traditional values Balung Village Community; c) To know the efforts Kampar District Government and Stakeholder Desa Adat Balung in freeing the traditional communal land from forest areas. This study is sociological, with descriptive qualitative approach, using methods of data collection: documentation, interviews, observation. Determination of respondents using probability sampling methods with interactive data analysis techniques (Huberman and Miles).The conclusion of the study: a) Determination of forest areas in Riau Province including the forest area in the village of Balung without reviewing directly to the site without involving regional and local government and community Kampar customary law; b) The existence of indigenous peoples and indigenous land rights Balung village is alive, growing and is still revered by members of indigenous communities Balung village; c)There are no Government's efforts Kampar and Nenek Mamak Stakeholder Indigenous Village Balung,and LAK(Lembaga Adat Kampar),NGOs (nongovernmental organizations) to propose changes in the forest area of the rights of indigenous land Desa Balung who entered the forest area defined by Central government. Suggestions results of research: a) required a serious effort on the government Kampar revise regional regulations exist which provide reinforcement where the rights of customary rights of indigenous peoples; b) the Central Government in setting forest area demanded from the field see the real conditions of existence of society and society customary law and Nenek Mamak involving Indigenous Stakeholders; c) Indigenous and Tribal Peoples have the right to sue the government to defend the rights of indigenous land.Keywords: Forest Zone, Indigenous Peoples, Land Rights
Co-Authors ', Efawani ', Erdiansyah ', Erdianto ', Mukhlis ', Rahmita ', Suhardi ', Syafrianto , Dasrol Amaliah, Nadhira Anak Agung Istri Sri Wiadnyani Aryo Mitra Hans M Avnesyia Tri Berma, Avnesyia Tri Chaidir P. Pulungan Darmawanto, Setia Delima, Wan Elfya Dondy Permana Putra, Dondy Permana Eri Surya Wibowo, Eri Surya Fadli Rahman, Fadli Fernanda, Rian Dwiky Fitria, Meta Has, Randi Awara Hayatul Ismi Hutabarat, Ribka Delila Jannah, Roudhatul Mardalena Hanifah Maryati Bachtiar Maychel, Raja Premita Yulianda Putra, Try Alda Rahmat GM Manik Riska Fitriani Saleh, Rahman Samariadi, Samariadi Saputra, Aidil Irwan Sari, Dwi Mutia Seftirizanda, Yarizkha Sidabutar, Menanti Sijabat, Adrianus Siltami, Frisa Ayu Tamaulina Br Sembiring Tunggul Andreas Ulfia Hasanah Vida Rianita Ginting W, Debby Novalita