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MISSING THE ESSENCE OF CONSENT IN PERSONAL GUARANTEES IN ONLINE LOAN PRACTICES Muljono, Bambang Eko; Suisno, Suisno; Sastradinata, Dhevi Nayasari
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.200

Abstract

AbstractRelated to the problem of online loans that no longer heed the approval of third parties in appointing someone as a guarantor of the debtor's debt. Then the novelty willbe offered as a solution to the existing problems by using a research method in the formof normative juridical which of course will be guided by the applicable laws andregulations related to the problems that arise and other legal materials that are stillrelevant. In the economic sector, especially in non-bank financial institutions that provideonline loan services, also use the internet as the main media. Seeing the facts that occur,namely regarding the rise of online loans as a creditor who makes a third party aguarantor of the debtor, outside the knowledge and without the consent of someone whobecomes a third party, makes the public question how the government, especially thoserelated to the financial sector, handles these cases. Especially for the Financial ServicesAuthority (OJK), which has the authority and duty to supervise various non-bankfinancial institutions that have been regulated to be outside the authority of BankIndonesia to supervise them. Because of these complicated problems, researchers areinterested in researching further.
REGULATION OF FINGERPRINTING IN CRIMINAL CASES IN INDONESIA: AUTHORITIES AND LIMITATIONS SUISNO, SUISNO; ISNAINI, ENIK; ROYANI, AHMAD; ROCHMAWANTO, MUNIF; MULJONO, BAMBANG EKO
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.214

Abstract

AbstractIn the stage of the criminal case investigation process will be carried out through severalprocesses, one of which is by taking fingerprints. Fingerprints, which in English are calledfingerprints or ductyloscopy, are taken in the investigation process for further examinationof evidence that may be left at the scene of the crime. This research is a normative legalresearch that reveals two main problems, first: What is the legal basis for taking fingerprintsinrevealingcriminalacts,second,howistheauthorityofinvestigatorsintakingfingerprints to reveal criminal acts. In taking fingerprints until now there has been nospecific regulation, the name in the implementation of taking fingerprints of the Police isbased on Law Number 2 of 2002 concerning the republic police and Law Number 8 of 1981concerning criminal procedure law. And the authority of investigators in taking fingerprintsis contained in Article 15 letter h of the Law on the Indonesian National Police (Law of theRepublic of Indonesia Number 2 of 2002) Jo Article 7 paragraph 1 of the CriminalProcedure Code (KUHAP).
Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code Muljono, Bambang Eko; Rochmawanto, Munif; Tjahjani, Joejoen
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.266

Abstract

Abstract As a rule of law, Indonesia has an obligation to guarantee people's welfare through law. Good legislation is legislation that has a basis or foundation called Grundnorm. Grundnorm is a foundation for forming laws that have the value of justice. Apart from that, good laws and regulations must fulfill principles and concepts, protect human rights, and must pay attention to community participation. Because the purpose of forming laws and regulations is to protect the public. This research aims to find out how good legislation is formed and how the community participates in implementing the formation of legislation. In forming laws and regulations, various aspects must be taken into account. This is so that the aim of forming legislation can be achieved and does not injure the rights of the Indonesian people. The formation of laws and regulations must be democratic, aspirational and participatory. Standard Norms and Regulations (SNP) on Human Rights is a document which is an implementable explanation of various human rights instruments, both international and national, as well as human rights norms which continue to develop dynamically, to suit the context and events, especially in Indonesia. Standard Norms and Regulations regarding the Right to Obtain Justice are expected to become references and guidelines in carrying out discussions and amendments to the Draft Criminal Code.
Consumer Protection In Power Purchase Agreement In Standard Agreement Perspective Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Winarno, Jatmiko
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.304

Abstract

Solar energy provides consumers with the ability to generate their own electricity, Indonesia has 0.31 GW of solar power capacity, just shy of 0.03 percent of its total solar potential. Looking forward, the country plans to add up to 4.5 GW of solar capacity by 2030 in the PLN's Electricity Business Plan (RUPTL) 2021-2030, In the power purchase agreement, the above is not clearly stated in the clauses of the agreement, so it can cause multiple interpretations. The balance of the position of the parties in the standard power purchase contract between PT. PLN (PERSERO) with customers has not yet been fully realized. This is indicated that there are still articles in the power purchase agreement between PT. PLN (PERSERO) with customers, which are articles that only prioritize the interests of PT. PLN (PERSERO), which in this case is the party making the standard agreement. The Consumer Protection Law does not regulate Standard Agreements but regulates the contents of standard agreements called Standard Clauses.
Legal Protection for Child Victims of Exploitation in Criminal Acts of Theft Royani, Achmad; Muljono, Bambang Eko; Shefirah, Renny Dea
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.367

Abstract

ABSTRACT This research is motivated by child victims of exploitation in the crime of theft. During the growth period of children, both physically and mentally, they need proper care and protection in accordance with applicable legal provisions. This type of research method uses normative juridical research using statutory approaches and conceptual approaches. From the above writing, it can be concluded that the legal protection of child victims of exploitation in the crime of theft is very important. Because children are categorized as victims of exploitation, they are used as perpetrators of theft by adults. In this case, the form of legal protection using diversionary settlement is regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System and regulated in Article 59A as intended by Article 59 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Authenticity of Auction Minutes as a Basis for Transfer of Land and or Building Sale-Purchase Rights Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Abidin, Zaenal
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.372

Abstract

ABSTRACT This research is motivated by the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights. to find the legal basis and explain the proof of auction minutes with applicable legal provisions. This research uses a normative legal research type, using a statutory approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights is very important; auction minutes serve as evidence that the relevant auction legal act has been carried out. The legal act is cash in nature, as well as providing the transfer of rights to the object in question to the recipient of the rights. The form of the legal basis for Article 1, number 34 of the Regulation of the Minister of Finance Number 122 of 2023 concerning Auction Implementation Guidelines. And regulated in the provisions of Article 35 Vendu Reglement (Auction Regulations) concerning the Regulation of Public Sales in Indonesia (Ordinance of February 28, S. 1908-189 in effect since April 1, 1908). The provisions in Article 1868 of the Civil Code stipulate that: "An authentic deed is a deed in the form determined by law, made by or before authorized public officials for that purpose where the deed is made". Proof aims to establish the law between the two parties concerning a right so that a truth is obtained that has the value of certainty, justice, and legal certainty.