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All Journal Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya Musawa : Jurnal Studi Gender dan Islam Jurnal Konstitusi Jambura Law Review BILANCIA Literasi Hukum DIVERSI : Jurnal Hukum Asia Pacific Fraud Journal Journal of Public Administration and Local Governance Repertorium: Jurnal Ilmiah Hukum Kenotariatan JURNAL RECHTENS Jurnal Konstitusi Jurnal Pengabdian Masyarakat : Pemberdayaan, Inovasi dan Perubahan Yurisprudentia: Jurnal Hukum Ekonomi Jurnal Hukum Bisnis Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Welfare State Jurnal Hukum Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Hukum dan Pembangunan SASI Mahkamah: Jurnal Riset Ilmu Hukum Bilancia : Jurnal Studi Ilmu Syariah dan Hukum Rechtenstudent Journal Jurnal Hukum dan Sosial Politik
Rumawi Rumawi
Universitas Islam Negeri Kiai Achmad Siddiq Jember
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Kelahiran Hak Kebendaan pada Jaminan Fidusia Supianto, Supianto; Rumawi, Rumawi; Tri Budiman, Nanang
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 3 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i03.p01

Abstract

The guarantee right owned by the creditor is a material right, which was born not from an obligatoir agreement as contained in Book III of the Civil Code, but born from a material agreement. This study aims to find out what are the characteristics and when material rights in fiduciary guarantees arise or arise as a right that has various privileges. This study uses a normative juridical method with a statutory and conceptual approach. The results of the study show that material rights (zakelijk recht) are rights that give direct power to an object. Material rights that provide guarantees have certain characteristics or characteristics as stated in the Civil Code, including being absolute, which means they can be defended by everyone, being droit de suit, meaning the right to continue to follow the object in the hands of whoever the object is, and being droit de preference, meaning having priority position in paying off receivables. In fiduciary guarantees, the registration stage plays a very important role in the process of giving birth to material rights because the birth of fiduciary guarantees coincides with the recording of fiduciary guarantees in the fiduciary register book. Registration of fiduciary guarantees is intended to strengthen legal certainty and the birth of material rights.
Consumer Protection Due to Disclaimer Clause in Internet Site Vitarani, K.; Rumawi, Rumawi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2850

Abstract

A unilateral agreement that contains a transfer of responsibility or known as a disclaimer clause is deemed to be in conflict with the provisions of Law No. 8 of 1999 concerning Consumer Protection in article 18, an agreement which contains limits on responsibility is also contrary to the law of agreements where this is considered to have deviated or there is no compliance or conformity with one of the conditions for the validity of an agreement, namely "a legal cause", besides this having a negative impact on legal development and the health of the economy, law enforcement should be more detailed and firm regarding this matter. This research aims not to ignore a provision and as an enlightenment for legislative institutions to focus more on problems that are often overlooked, especially on law enforcement. The formulation of the problem is about the nature of the disclaimer clause according to contract law, consumer protection law and its impact in the future for business actors and consumers as a form of material or basic knowledge of legal certainty and the impact of the inclusion of the disclaimer clause. The method used in research is a type of normative legal research. The validity of an agreement according to the Civil Code must fulfill the four conditions stated in article 1320 of the Civil Code. The inclusion of standard clauses on internet sites remains based on the law of agreements in the Civil Code. Meanwhile, the inclusion of unilateral agreements on internet sites in consumer protection law is considered valid as long as it does not violate the rules in article 18. In conclusion, there is no truth in the inclusion of a disclaimer if viewed from consumer protection law, and in assessing the meaning and definition of a disclaimer which is clearly against the rules, its inclusion is considered does not conform to the requirements in article 1320 of the Civil Code regarding the existence of a legal cause. The impact of including the disclaimer clause will result in legal problems for consumers and business actors as well as a lack of justice.
Consumer Protection Due to Disclaimer Clause in Internet Site Vitarani, K.; Rumawi, Rumawi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2850

Abstract

A unilateral agreement that contains a transfer of responsibility or known as a disclaimer clause is deemed to be in conflict with the provisions of Law No. 8 of 1999 concerning Consumer Protection in article 18, an agreement which contains limits on responsibility is also contrary to the law of agreements where this is considered to have deviated or there is no compliance or conformity with one of the conditions for the validity of an agreement, namely "a legal cause", besides this having a negative impact on legal development and the health of the economy, law enforcement should be more detailed and firm regarding this matter. This research aims not to ignore a provision and as an enlightenment for legislative institutions to focus more on problems that are often overlooked, especially on law enforcement. The formulation of the problem is about the nature of the disclaimer clause according to contract law, consumer protection law and its impact in the future for business actors and consumers as a form of material or basic knowledge of legal certainty and the impact of the inclusion of the disclaimer clause. The method used in research is a type of normative legal research. The validity of an agreement according to the Civil Code must fulfill the four conditions stated in article 1320 of the Civil Code. The inclusion of standard clauses on internet sites remains based on the law of agreements in the Civil Code. Meanwhile, the inclusion of unilateral agreements on internet sites in consumer protection law is considered valid as long as it does not violate the rules in article 18. In conclusion, there is no truth in the inclusion of a disclaimer if viewed from consumer protection law, and in assessing the meaning and definition of a disclaimer which is clearly against the rules, its inclusion is considered does not conform to the requirements in article 1320 of the Civil Code regarding the existence of a legal cause. The impact of including the disclaimer clause will result in legal problems for consumers and business actors as well as a lack of justice.
Implementasi Perlindungan Hukum Petani Tembakau dalam Hukum Indonesia Aviessita Mar'ah Nuruttamami; Rumawi Rumawi; Udiyo Basuki; ST. Sariroh; Sukron Mazid; Mohammad Ali; Supianto Supianto; Freddy Hidayat; Sholikul Hadi
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 1 (2026): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i1.1447

Abstract

This study discusses the legal problems faced by tobacco farmers in Sukorejo Village, Kotaanyar District, Probolinggo Regency due to the closure of large tobacco warehouses that force them to depend on middlemen. This condition causes legal uncertainty, an imbalance in the bargaining position, and alleged violations of the principle of healthy business competition, thus having a direct impact on the economic sustainability of farmers. The focus of this research is to describe the practice of business competition and its impact on tobacco farmers and explain the form of legal protection from the perspective of business competition law and sharia economic law. The research method used is empirical law with a sociology approach to law and legislation, through observations, interviews, and documentation from farmers, middlemen, and factories. The results of the study show that there is dominance of middlemen in cooperation with large factories so that farmers lose freedom in determining prices. This condition does not reflect the principles of fairness and transparency in business competition. Legal protection is still weak because there is no regulation of the basic price or a definite buying and selling mechanism. In the perspective of sharia economic law, the practice violates the principles of al-adl (justice) and al-amanah (honesty). In conclusion, preventive legal protection is needed in the form of price regulation and the establishment of marketing cooperatives, as well as repressive protection through law enforcement against unfair business competition practices.
PENGATURAN HAK KEKAYAAN INTELEKTUAL DALAM MASYARAKAT KOMUNAL DI INDONESIA Adawiyah, Robiatul; Rumawi, Rumawi
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 10 No. 1 (2021): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v10i1.672

Abstract

The Communal Intellectual Property of Indonesia is susceptible to recognition, theft, and piracy of other countries because Indonesia is still not a sovereign guarding culture. Regulations of Unesco, sui generis system from Convention on Biological Diversity (CBD) and regulation of Malaysia year 2005 AKTA 645 about national heritage it is tangible proof that cultures must have a specific binding arrangement to protect for it. This research purpose to know the setting of intellectual property rights in comunal societies Indonesia by normative legal research methods. The findings that there is weaknesses in protecting communal societies set on a few rules that is copyrigts law, patent law, and merk law so that gives rise to ambience. The legal protection of communal rights against intellectual property requires a special law containing definitions and ling space and the existance of a special agency that regulates its application mechanisms. 
Sanctions for Criminal Act of Fishing with Explosives: Islamic Law Perspective Nur Khovidatur Rohma; Rumawi Rumawi
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.192

Abstract

The state loss of 30 trillion rupiah is part of the negative impact of the crime of fishing with explosives in Indonesia. A more severe negative impact is damage to marine habitats and ecosystems. This includes fishing with explosives accompanied by destruction to the environment. If this natural damage is not repaired immediately, then the threat of greater losses will haunt the Indonesian state which will also have a major impact on the earth's environment and global climate change. Islamic law does not tolerate any crime that harms the nation and society, which is very suitable to be a source of Indonesian law. So that the crime of fishing with explosives can be studied using Islamic law in its entirety. Then, the Qiyas method is used to analogize it to Islamic law which textually does not mention the term criminal act of fishing with explosives. Finally, the authors come to the conclusion that the crime of fishing with explosives is included in the ta'zir crime, namely a crime that does not fulfill the head or qi?as diy?t requirements perfectly. However, with this ta'zir punishment, the strict attitude of Islamic law towards the perpetrators does not disappear, in fact, these strict sanctions can be in the form of death penalty, imprisonment, exile, and fines. The party authorized to impose the sentence is Ulil-Amri, who of course must be supported by all of society, so that the sanctions imposed can be effective. Hopefully the strictness of Islamic law can become a source of positive Indonesian law in the future.
Penetapan Suku Bunga pada Bank Perkreditan Rakyat Jawa Timur Cabang Jember Perspektif Hukum Ekonomi Islam Ervina Maftuhatun Nurul Qomariah; Rumawi Rumawi; Nina Agus Hariarti; Puput Lestari
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i1.206

Abstract

Bank interest or usury is simply interpreted as an expression of remuneration for the use of money lent or the use of funds. Communities who need funds for business will provide remuneration to banks that have provided loans in the form of credit for additional business capital, investment and working capital in trade. The aims of this study are: 1) To find out the determination of interest rates at BPR Jember branches. and 2). Knowing the perspective of Islamic economic law on the determination of interest rates at the East Java BPR Jember branch. Research method The type of research used by researchers is empirical research, namely where the empirical legal research method originates from facts quoted directly from the words and behavior levels of research informants, by conducting interviews while conducting direct observation of research locations. This empirical research is used to directly identify the informants and retrieve data from the results of their research directly and in the form of direct documentation as data to strengthen the results of the research. The purpose of this research is to study in depth about the determination of interest rates at the Madani Blooms National Capital Bank in Panti Jember District. Then from the results of this study, there are conclusions from researchers regarding the determination of interest rates in BPR Jember.
Legal Protection for Financial Technology Users Against Fraud and Illegal Acts Muhammad Labib; Rumawi Rumawi
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i3.296

Abstract

Nowadays, online loan provider companies are increasing rapidly. Ironically, this has negative impacts such as crimes committed by online loan providers. So many users are harmed. This research is normative research, namely research that uses applicable laws and regulations and the approach used is a statutory approach. The results of this research are that in providing legal protection to users of online loan services, the Financial Services Authority (OJK) issued regulations, namely POJK No. 77/POJK.01/2016 concerning technology and information-based lending and borrowing services. And also POJK No.13 /POJK.02/2008 concerning digital financial innovation in the financial services sector. Legal protection can be carried out after a dispute occurs between a user and other users. This regulation is the first regulation issued by the OJK to directly protect fintech issues. The financial services authority has a very important role, namely having the authority to supervise information technology-based companies. OJK itself was formed to impact sustainable and stable economic growth. It is hoped that the OJK was formed to support the interests of the financial services sector as a whole so that it can compete in the economic sector.
Pengelolaan Minyak dan Gas Bumi (Migas) dalam Ratio Decidendi Putusan Mahkamah Konstitusi Nomor 36/PUU-X/2012 Arifin, Zainal; Rumawi, Rumawi
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1352

Abstract

The management of oil and gas (Migas) in Indonesian energy law has witnessed a shift towards national control, including provisions in the 1945 Constitution that establish natural resources as state wealth. Law No. 22/2001 regulates various technical, economic, environmental, and community participation aspects of the oil and gas sector. Decisions by the Constitutional Court (MK) have clarified the state's ownership of Migas resources in accordance with the constitution. Renewable energy is crucial for Indonesia's sustainable development, with collaboration between the government and the private sector aimed at increasing the penetration of renewable energy, overcoming financial barriers, and protecting the environment. The MK's decision regarding Law No. 22/2001 supports state sovereignty, the interests of the people, and the goals of preserving natural resources and sustainable development. The key issue at hand is the nature of oil and gas management in Indonesian energy law and whether the legal considerations in the Constitutional Court's decision No. 36/PUU-X/2012 align with Indonesian energy law. The research method employed in this study is a normative juridical approach, also referred to as doctrinal research, which involves the examination of legal documents and literature. Through this research, Indonesia aims to fulfill its commitment to reducing environmental impact and dependence on fossil fuels through renewable energy sources.
Kewenangan Komisi Pengawas Persaingan Usaha Republik Indonesia dalam Sistem Peradilan di Indonesia Derin Fernanda Ainun Nisa; Rumawi Rumawi; Ahmad Junaidi; Supianto Supianto; Mohammad Ali; Udiyo Basuki; Sri Astutik; Asmarani Tri Andari
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The KPPU has the authority to act as an investigator and decision-maker in cases that have the potential to be misused on a large scale. The KPPU's decision-making authority complicates its position in the state system, especially considering its multifunctional role. The objectives of this study are: 1. To explain the KPPU's authority. 2. To describe the KPPU's authority in the judicial system. This study uses a statutory approach and a conceptual approach. The results of the study indicate that 1. Based on the explanation above, the essence of the KPPU's authority, as outlined by Indonesian competition law, is as follows: First, Investigation, Second, Examination, Third, Evidence, Fourth, Sanctions and Decisions, Fifth, Supervision and Law Enforcement. 2. Determining the limits of a state's power has become an important component in running a state system. As explained by Jimly in his research, which mentions the true concept of the separation of powers of a state. Then, regarding the duties and authorities held by the KPPU, the researcher assesses that this does not deviate from the principle of limiting state power. Because the implementation of these authorities and duties falls within the domain of the executive branch of government and administrative functions, the KPPU has extensive authority to decide cases and impose sanctions, which are not far from administrative sanctions
Co-Authors Achmad Hasan Basri Afifatul Munawiroh Afifatul Munawiroh Afrianty, Yussy Ahmad Junaidi Aini, Kuratul Anshorulloh, Uday Asmarani Tri Andari Aviessita Mar'ah Nuruttamami Azwilda, Nafila Ainul Derin Fernanda Ainun Nisa Ervina Maftuhatun Nurul Qomariah Fitri Amalia Freddy Hidayat Hakim, Sholihul Hidayah, Syifa Aulia Julitia, Fina Mazid, Sukron Mellisa Towadi Moh. Ali Mohammad Ali Mohammad Ali Muhammad Labib Munawiroh, Afifatul Mustari Mustari Nina Agus Hariati Nofiyanti, Maya Nur Khovidatur Rohma Nur Mohamad Kasim Nurwijayanti Nury Khoiril Jamil Nury Khoiril Jamil Puput Lestari Putri Novita Sari Putri, Dahnia Azaria Diva Robiatul Adawiyah Robiatul Adawiyah Robiatul Adawiyah Robiatul Adawiyah Rosi, Bahrur Sholichah, Chasilatus Sholikul Hadi Sindy Meikasari Sisda Adisti Faizun Sisworini, Desi Fadikta Sitah, Putri Dwi Siti Asifa Tahir Siti Sariroh Sri Astutik ST. Sariroh Sulviana, Hanifah Supianto Supianto Supianto Supianto supianto supianto Supianto Supianto, Supianto Tri Budiman, Nanang Udiyo Basuki Udiyo Basuki Udiyo Basuki Udiyo Basuki Vitarani, K. Wahyu Prabowo Zainal Arifin Zubair, Tsaniatul Jinan