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All Journal Ahkam: Jurnal Ilmu Syariah Indonesian Journal of Disability Studies Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Hukum Bisnis Bonum Commune Indonesia Law Review (ILREV) Warkat
Ganindha, Ranitya
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Terhadap Keabsahan Perjanjian Investasi Dalam Transaksi Initial Coin Offering (ICO) Berdasarkan Pasal 1320 Kitab Undang-Undang Hukum Perdata: Juridical Analysis of Validity of Investment Agreement in Initial Coin Offering (ICO) according to Article 1320 of Civil Law Hashifah, Adinda Salwa; Sulistyarini, Rachmi; Ganindha, Ranitya
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.4

Abstract

Initial coin offering (henceforth referred to as ICO) as one of the investment developments in the digital era has left legal loopholes over the execution of the ICO in Indonesia, coupled with the emergence of cryptocurrency. This research aims to analyze the validity of an investment agreement on the ICO using cryptocurrency as a payment method along with its legal consequences. With normative-juridical methods, the research results have found out the agreement of the ICO is deemed unlawful according to Article 1320 of the Civil Code due to the clause contravening the legislation, leading to the failure of the fulfillment of the halal clause. Thus, the agreement is deemed to be void ab initio or simply inexistent. Due to the absence of the regulatory provision regulating the ICO, the investors involved could file a lawsuit over the violation harming the parties running the ICO. Thus, it is important to formulate regulatory provisions concerning the ICO in Indonesia that set forth the measures taken to provide legal protection for the aggrieved inventors due to the void ab initio agreement. These regulatory provisions are expected to avert any ICO-related problems as stated above.
Pelaksanaan Perlindungan Hukum Usaha Mikro Kecil dan Menengah Berbasis Perjanjian Kemitraan untuk Meningkatkan Daya Saing dalam Era Ekonomi Global (Studi di Sentra Industri Keripik Tempe dan Keramik Dinoyo): Implementation of Legal Protection for Micro, Small and Medium Enterprises Based on Partnership Agreements to Increase Competitiveness in the Global Economic Era (Study at the Dinoyo Tempe Chips and Ceramics Industrial Center) Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.4

Abstract

MSMEs have an important step in supporting the improvement of the Indonesian people's economy, especially in terms of business opportunities and employment opportunities. Malang City is famous for its tourism and education sectors where MSMEs are an inseparable part of the economic activities of the Malang community. Malang City has several MSME industrial centers. This research examines the form of partnership agreement between the sanan tempeh chips and dinoyo ceramics industry center with large business partners in Malang City and hotels in Malang City. Researchers analyze the implementation of legal protection in partnership agreements in Malang City and analyze the fulfillment of the principles of fair partnership agreements. For this reason, in this paper the problem that will be studied is: How is the analysis of partnership agreements between MSMEs and large businesses in Malang City, and how is legal protection implemented for Partnership-based MSMEs in Malang City? This article is based on empirical juridical research with a Sociological Juridical approach which produces an analysis that: The implementation of the Partnership agreement in Malang City has not been carried out effectively which is contrary to the rules in Government Regulation Number 17 of 2013 where the concept, form of agreement and terms of partnership are not partnerships as stated in which has been mandated by law. A true partnership must be accompanied by a program of empowerment and assistance for large business actors towards small business actors. Meanwhile, large business actors themselves have a tendency not to carry out partnerships as they should. Implementation of legal protection and implementation of supervision over partnership agreements in Malang City is also still not running effectively due to overlapping authority.
Perlindungan Hukum Terhadap Konsumen Pre Project Selling Perusahaan Pengembang Properti Yang Dinyatakan Pailit: Legal Protection Of Pre-Project Selling Consumers Of Property Development Company Declared Bankrupt Muniefiy, Nawal Zidan El; Santoso, Budi; Ganindha, Ranitya
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.4

Abstract

Pre-Project Selling consumers are in the weakest position in bankruptcy, because in addition to being the last creditor, consumers also cannot be said to be the owner if there is no AJB. The Curator's action to put the apartment building into bankruptcy is in accordance with the provisions of the law. Legal protection involves both preventing and repressive protections. In terms of preventive action, the sale and purchase agreement (PPJB) legally made according to Article 1338 of Civil Law serves as the law governing all parties in the contract. The PPJB which is binding to both consumers and business people sets forth rights and obligations that both have to understand. The rights of the consumers involve receiving the house as the object within the time as agreed upon. Moreover, the law requires the business people to run the business in good faith. The parties responsible to provide goods and/or services according to the orders made must not break the terms set out in a contract and must provide redress. This redress consists of that given through commercial court, consumer redress according to the position as concurrent creditors, or redress of the company through civil lawsuits. Law concerning bankruptcy and Consumer Protection Law have different solutions, but these two laws affect each other and are connected when a property company is declared bankrupt.
Co-Authors Cahyaning Putri, Cyndiarnis Dwi Budi Santoso Hashifah, Adinda Salwa Hidayat Putri, Zora Febriena Dwithia Hidayat, M. Choirul Kholish, Moh. Anas Luth, Thohir Muniefiy, Nawal Zidan El Nur Chanifah Rachmi Sulistyarini Rumi Suwardiyati Saraswati, A. A. A. Nanda Setiawan Wicaksono, Setiawan Sihabudin Siti Rohmah Sukarmi Sukarmi Sukarmi, Sukarmi Umar, Azahlia