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All Journal As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Yapiter Marpi
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Due Diligence of Fintech Agreement Law Transformation of Economic Recovery in the New Normal Era Yapiter Marpi
HUMAYA Jurnal Hukum Humaniora Masyarakat dan Budaya Vol. 1 No. 2 (2021): DECEMBER
Publisher : LPPM Universitas Terbuka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33830/humaya.v1i2.1870.2021

Abstract

Today, business transactions no longer have to be carried out face to face, instead through virtual or in a virtual world that is connected globally. One of the economic activities that affect the public interest is the activity of channeling funds which must be carried out fairly and in accordance with Article 33 paragraph (4) of the 1945 Constitution, namely the economy. Financing Institutions have undergone a process of digitization, plus during the Covid-19 pandemic experienced a high surge in business capital needs so that financing transactions can be easily accessed online, financial technology (fintech) services are regulated in OJK Regulation No.77 / POJK.01 / 2016 concerning Borrowing Services Information Technology-Based Borrowing If the provider of Information Technology-Based Borrowing and Lending Services has been proven to have committed a violation, it may result in imposing sanctions on the agreement. The purpose of this research is to contribute from a conceptual perspective of business law in fulfilling economic recovery and to find out about sanctions arrangements for Fintech service providers in order to achieve legal certainty. The research method used is through normative law and conceptually socio legal. The results of this research analysis are expected that business people want to invest in a company with a fast process, so the need for Fintech services is to be able to transform in a Legal Due Diligence so that the economic recovery of a new national era is held based on economic democracy using the principles of togetherness, justice, sustainability, environmental awareness, independence. Legal Due Deligence is able to be a solution to minimize potential risks in the future. So that it will get benefits for finctech organizers and the public who use services as a result of the positive influence due to the Legal Due Deligence business concept.
Perspektif Hukum terhadap Status Anak Luar Nikah Dalam Memperoleh Hak Waris Kompilasi Hukum Islam Yapiter Marpi
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 1 No 2 (2019): As-Syar'i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.298 KB) | DOI: 10.47467/as.v1i2.93

Abstract

This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.
Alternatif Penyelesaian Sengketa Luar Hukum Bagi Inventor Terhadap Pelanggaran Moral Hak Cipta Lagu Dalam Hak Ekonomi Yapiter Marpi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 2 (2024): June 2024 - September 2024
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i2.49

Abstract

Copyright is an exclusive right that gives rewards to the creator in the form of economic rights and moral rights. Moral rights are rights inherent in the creator's personality which are basically carried out to respect the creator's creativity by including his name in the creative work. Legal protection for musicians regarding copyright in paying royalties as well as resolving disputes regarding the use of song works without paying royalties. Easy access to information and technology often provides opportunities for netizens to access copyrighted works without including the name of the creator. In this research, there are two problems examined, namely moral rights in the copyright protection system and resolution of moral rights disputes in copyrighted works. Moral rights consist of the right for the creator to continue to include or not include his name on the copy in connection with the use of his work for the public, to use his alias or pseudonym, to change his work according to appropriateness in society, to change the title and sub-title of the work; and defend their rights in the event of distortion of the Work, mutilation of the Work, modification of the Work, or anything that is detrimental to their personal honor or reputation. To protect the moral rights of the Creator may have Copyright management information; and/or Copyright electronic information. The results of the research show that there is still no awareness among artists. Even national performances are still not aware of copyright so there needs to be a real role for the relevant government to be more active in monitoring and providing real protection. Settlement of disputes over violations of moral rights in copyrighted works can be done through. dispute resolution, arbitration, or court. Supervision is needed to see what is happening in the field so far, there must be clarity regarding the relevant regulations and there also needs to be a clear agreement so that there is mutual benefit and there are no misunderstandings in the future.
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