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EKSISTENSI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM PENYELESAIAN SENGKETA KONSUMEN (KAJIAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN) Rizayusmanda, Rizayusmanda
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (479.996 KB) | DOI: 10.36546/solusi.v15i3.74

Abstract

The objective of the study is to describe and analyze the existence of dispute resolution bodies in the dispute resolution of the consensus (Law review number 8 of 1999 on Consumer protection). This research uses normative juridical research. The result of the study: the protection of the cosumen is related to the global business world. The process of dispute occurs because of the absence of common ground between the parties to the dispute. This paper is a normative legal research that is research conducted or directed to the written regulations or other legal materials related to the role of Consumer Dispute Settlement Agency (BPSK) as well as the mechanism of dispute resolution of consumers, and the factors that become constraints of Dispute Settlement Agency Consumers in resolving consumer disputes. Under the provisions of Consumer Protection Act No. 8 of 1999, the role of Consumer Dispute Settlement Board is very helpful in resolving consumer disputes. The mechanism of consumer dispute resolution has been regulated in Article 54 of the Consumer Protection Law Number 8 Year 1999, and is followed up by the issuance of Presidential Decree No. 90/2001 on Technical Guidelines for the Establishment of Consumer Dispute Settlement Bodies at the Regency / City level, the factors that constrain the Consumer Dispute Settlement Board in resolving consumer disputes are 1) institutional / institutional constraints; 2). Funding constraints; 3) .the constraints of human resources; 4) regulatory constraints; 5). lack of socialization to the community; and 6) lack of understanding from the judiciary against consumer protection policies. The role of the Consumer Dispute Settlement Board should be able to act and act more optimally, if in every local government that has had a Consumer Dispute Settlement Agency supporting this institution from both the moral and material aspects, and from the aspect of the regulation, it should be revised by UUPK Number 8 Year 1999 which is currently in force so that the regulations of Presidential Decree and Ministerial Decree can be accommodated into a new law regulating consumer protection.
KAJIAN NORMATIF TENTANG PROSES PELAKSANAAN PEMBEBANAN JAMINAN FIDUSIA ATAS JAMINAN PERSEDIAAN BARANG DAN PIUTANG DAGANG DI DUNIA PERBANKAN Rizayusmanda, Rizayusmanda
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (879.743 KB) | DOI: 10.36546/solusi.v17i1.154

Abstract

Banking is an institution that is vulnerable to risks related to money. The banking position as a mediator that connects those with surplus and financial deficits, banks must maintain good relations with the two parties. Banking decisions must be moderate, namely considering the desires of both parties because without the two parties, banking activities are not running. But if you are not careful in disbursing loans, bad credit will occur, then to protect the money disbursed, the debtor must provide collateral to the bank. This paper is a normative legal research that is research aimed at written regulations relating to the procedure for carrying out fiduciary collateral for collateral in the form of inventory and trade receivables according to Fiduciary Law Number 42 of 1999, and the legal consequences if the collateral is in the form of inventory the goods and receivables are not processed by loading fiduciary and registering them to the Fiduciary Registration Office. In the implementation of Fiduciary Collateral Imposition, especially collateral for credit in the form of goods and trade receivables, as determined by law, by registering the Fiduciary Deed of Registration with the Fiduciary Registration Office - Ministry of Law and Human Rights. For collateral for loans financed by banks, the Actions made under the hand or Notarial but not registered with the Fiduciary Deed of Registration at the Fiduciary Security Registration Office, do not get preferential rights and an executorial right guaranteed by the Fiduciary Guarantee Institute, and the Fiduciary Guarantee Agreement is only in the form of a Fiduciary Deed Registration Office. under the hand that has no executive power
URGENSI PRINSIP GOOD CORPORATE GOVERNANCE DALAM KEGIATAN PERBANKAN SYARIAH Rizayusmanda, Rizayusmanda
Solusi Vol 18 No 1 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i1.260

Abstract

Islamic banks are financial institutions where products are developed based on the Qur'an, Al-Hadith of the Prophet Muhammad. According to Act Number 21 of 2008 concerning Sharia Banking, Sharia Banks are banks that carry out their business activities based on Sharia Principles, and by type consist of Sharia Commercial Banks and Sharia People Financing Banks. The problem discussed is how is the effort of sharia banking in implementing its business activities based on Article 19 of Law Number 21 Year 2008 concerning Sharia Banking, and whether the application of these business activities requires Good Corporate Governance of sharia banking. This paper is a descriptive normative legal research. Normative legal research is legal research based on secondary data, namely data that has been previously available in the form of legal material. Sharia Banking Efforts in implementing its business activities, namely preparing: Human Resources who are ready to use; organizational structure of the company; division of labor; job duties and authority; and other fields. Then Islamic banking in collaboration with MUI held socialization to the public, and Islamic banking often became a sponsor of religious activities. The principle of Good Corporate Governance (GCG) is a necessity and necessity for sharia banking business activities and sharia business units. This is aimed at the existence of public responsibility related to bank operations so that they truly comply with Islamic banking regulations.
HAK DAN KEDUDUKAN ANAK LUAR NIKAH YANG DIAKUI TERHADAP WARISAN TANAH DITINJAU DARI HUKUM PERDATA Hijawati, Hijawati; Rizayusmanda, Rizayusmanda
Solusi Vol 19 No 1 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i1.333

Abstract

This writing is done with the aim of knowing how the provisions of children outside of marriage are recognized according to the Civil Code (KUHPerdata) and how the rights and positions of children outside marriage are recognized as inheritance according to the Civil Code. By using the normative juridical research method, it can be concluded that every child born outside of a legal marriage bond is a child outside of marriage. Based on the provisions of the Civil Code, children outside of marriage are deemed not to have any legal relationship with their parents if there is no acknowledgment from the father or mother, thus if the outside child is recognized and followed by the legalization of the child from the parents, then he or she can inherit the inheritance from the parent. admit it, and of course the distribution of inheritance based on law. Based on the Marriage Law, namely Law Number 1 of 1974 (Article 43 paragraph (1)), even illegitimate children who are not recognized automatically have a civil relationship with their mother and their mother's family. The rights and position of out-of-wedlock children in relation to the inheritance of the parents who admit it on the child legitimacy are basically the same as the legal children. The recognized and legalized illegitimate child is truly an heir who has the same rights as a child born in a legal marriage. Judging by civil law, the distribution of inheritance has been determined based on the groups of heirs.
Workers Rights’ Implications Who Have Experienced Termination of Employment According to The Law Number 13 of 2003 Concerning Employment Asuan Asuan; Rizayusmanda Rizayusmanda
International Journal of Social Service and Research (IJSSR) Vol. 3 No. 1 (2023): International Journal of Social Service and Research (IJSSR)
Publisher : CV. Ridwan Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v3i1.233

Abstract

This journal entitled Implications of the Rights of Workers Who Experiencing Termination of Employment (PHK) According to Law Number 13 of 2003 concerning Manpower discusses legal remedies that can be taken by workers who experience Termination of Employment (PHK) as a result of not fulfilling their rights by employers and legal sanctions against employers who violate workers' rights based on Law Number 13 of 2003 concerning Manpower. The results of this study indicate that workers can submit legal remedies to employers not giving rights due to layoffs mentioned in Article 171 of Law no. 13 of 2003 concerning Manpower, namely workers/laborers who experience termination of employment without the establishment of an industrial relations dispute resolution institution and administrative (bipartid)/civil measures and legal sanctions against employers who violate workers' rights as a result of layoffs, namely criminal and administrative sanctions. Article 189 Criminal sanctions of imprisonment, confinement and/or fines do not eliminate the obligation of employers to pay rights and/or compensation to workers or workers/laborers and Article 190 paragraph (2) namely administrative sanctions, namely warnings, written warnings, restrictions on activities business, freezing of business activities, cancellation of approval, cancellation of registration, temporary suspension of part or all of the means of production, up to revocation of permits.