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All Journal Jurnal Mahasiswa Fakultas Hukum Jurnal Literasiologi YURISDIKSI : Jurnal Wacana Hukum dan Sains PROFICIO: Jurnal Pengabdian Masyarakat International Journal of Educational Review, Law And Social Sciences (IJERLAS) Yuridika Mudabbir: Journal Research and Education Studies Indonesia Law Reform Journal (ILREJ) Jurnal Pengabdian Bersama Masyarakat Indonesia Mahadi : Indonesia Journal of Law Warkat
Sukarmi
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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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.
Perjanjian Baku Pembiayaan Murabahah Perbankan Syariah Indonesia Hamidah, Siti; Sukarmi; Yuliati; Suwardiyati, Rumi
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.4

Abstract

Buying and selling products with murabahah contracts are ranked first in financing practices in Indonesian sharia banks but receive particular attention regarding conformity with sharia principles and the position of consumers from a consumer protection perspective. In the framework of realizing "implementation and development of risk management, prudential principles, good corporate governance & sharia compliance" as well as encouraging the creation of a regulatory union, contract standards, products and transactions, in accordance with the recommendations of the Islamic Finance Service Board (IFSB), a study is needed to analyze the suitability of murabahah financing agreements in sharia banking in Indonesia with Islamic law and positive law. Through legal research, a study was carried out on Indonesian sharia banking murabahah contracts based on the legal principles that should be the basis. From the results of the analysis of murabahah financing contract clauses, there are several clauses that do not comply with Islamic law and positive law (Consumer Protection law and Civil law), including those relating to down payments (urbun), actions when customers are in trouble, as well as promising something that is uncertain. For the future. Likewise, based on the Consumer Protection Law, it does not support the creation of consumer protection which contains elements of legal certainty and information disclosure as well as access to information (Article 3 (d) UUPK). Apart from that, it also conflicts with consumer rights as regulated in Article 4 UUPK.
Analisis Peraturan Menteri Pembangunan Umum dan Perumahan Rakyat No. 1 Tahun 2017 Tentang Tata Cara Pelaksanaan Pengadaaan Badan Usaha Untuk Pengusahaan Jalan Tol Terhadap Prinsip Persaingan Usaha Yang Sehat Zunov, Farahannesa; Sukarmi; Alam, Moch. Zairul
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.3

Abstract

This research aims to analyze the implementation of fair business competition in the provision of Regulation of the Minister of Public and Housing Development Number 1 of 2017 concerning the Procedures of the Procurement of Legal Entity in a Highway Toll Project (henceforth referred to as Ministerial Regulation) by analyzing the implementation of fair business competition principle in an auction service of a business entity as governed in the Ministerial Regulation and the provision of the agreement regarding the highway toll project procurement that may take up to 50 years, and this period can be extended. However, there have not been any standards of business entity in terms of how this agreement is extended and any standards that set the maximum period of the extension. That is, this research investigates whether the extension period without any strict deadline complies with the substantive aspect of Law Number 5 of 1999 concerning the Ban on Monopolistic and Unfair Business Competition Practices.
Co-Authors Achadiah Rachmawati Adi Kusumaningrum Alam, Moch. Zairul Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Aristy, Tiara Putri Dewantari Nasution, Nurul Annisa Faizin Sulistio Frelyta Ainuz Zahro Ganindha, Ranitya Hanif Nur Widhiyanti Ibadi, Mohamad Indah Dwi Qurbani Irfan H. Djunaidi Maharani, Dhaniswara Maharani, Ria Mardyansyah, Dody Novizar Muhammad Arifin Muhammad Arifin Muhammad Luthfi Murty, Theta Patricia Audrey Ruslijanto Rachmawati, Yasniar Rumi Suwardiyati Safaruddin Siregar, Amselnius Siti Azizah Siti Hamidah Siti Hamidah Situmorang, Boy Kresendo Sugiri, Bambang Tata Wijayanta Umar, Azahlia Wati, Anif Mukaromah Yenny Eta Widyanti Yonatan Zulaika Zunov, Farahannesa