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Journal : KHAIRUN LAW JOURNAL

Disparitas Pemahaman Hakim dalam Penyelesaian Sengketa Konsumen (Kajian Putusan No. 350 K/Pdt.Sus-BPSK/2016 dan NO.10/Pdt.Sus-BPSK/2016/PN.Plk) Rifkiyati Bachri; Yunan Prasetyo Kurniawan
Khairun Law Journal Vol 1, No 2 (2018): Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (911.434 KB) | DOI: 10.33387/klj.v1i2.1881

Abstract

Judge decision NO. 350 K/Pdt.Sus-BPSK/2016 and Judge decision NO.10/Pdt.Sus-BPSK/2016/PN.Plk are 2 (two) of the 127 (one hundred and twenty seven) verdicts of BPSK annulled by the Supreme Court (MA) on October 27, 2017. Where MA argued the two verdicts were not the authority of BPSK. Thus, problems arise whether the decision NO. 350 K/Pdt.Sus-BPSK/2016 and the decision NO.10/Pdt.Sus-BPSK/2016/PN.Plk are the competence of BPSK in resolving consumer disputes or not. To answer these problems, normative legal research methods are used, so that the conclusion is that the verdict NO.10/Pdt.Sus-BPSK/2016/PN.Plk is not the Palangkaraya BPSK competency in deciding because Sancho is not the final consumer protected by UUPK, so if the Supreme Court annulled the decision of the Palangkaraya BPSK is true. Meanwhile, verdict NO. 350 K/Pdt.Sus-BPSK/2016 is true Coal BPSK competency to decide consumer disputes because Dermasnyah Pane is the final consumer protected by UUPK, so if the Supreme Court annulled the decision of Coal BPSK is not true.
Modal Penyertaan dan Pertanggungjawaban Koperasi Panca Prima Terhadap Wanprestasi yang Dilakukan Sophian Selajar; Rifkiyati Bachri; Nabila N
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.628 KB) | DOI: 10.33387/klj.v2i1.1882

Abstract

A cooperative is a business entity that requires capital. Cooperative capital consists of own capital and loan capital, but to develop its business, cooperatives can also conduct equity investment activities. This capital investment activity attracts the attention of the community because of its nature that bears the risk of loss but the investor is not given the authority to participate in managing the capital opening opportunities for misuse of capital investment management in cooperatives that can lead to defaults by cooperatives due to default on investors, as well as with investors. Panca Prima Cooperative which defaults on the venture capital cooperation agreement (investment capital). Thus, a problem arises whether the Panca Prima Cooperative can be held accountable for default on the venture capital cooperation agreement (equity participation) that is carried out and whether the management of the Panca Prima Cooperative is also responsible for the default carried out by the cooperative. To answer these problems normative research methods are used. Thus, it was concluded that the Panca Prima Cooperative could be held accountable for the default of the cooperative working agreement (capital participation) because the status of the Panca Prima Cooperative was a legal entity and that the Panca Prima Cooperative Management could not be held liable for defaults made by the cooperative Koperasi Panca Prima is a legal entity
Disparitas Pemahaman Hakim dalam Penyelesaian Sengketa Konsumen (Kajian Putusan No. 350 K/Pdt.Sus-BPSK/2016 dan NO.10/Pdt.Sus-BPSK/2016/PN.Plk) Bachri, Rifkiyati; Kurniawan, Yunan Prasetyo
Khairun Law Journal Vol 1, No 2 (2018): Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v1i2.1881

Abstract

Judge decision NO. 350 K/Pdt.Sus-BPSK/2016 and Judge decision NO.10/Pdt.Sus-BPSK/2016/PN.Plk are 2 (two) of the 127 (one hundred and twenty seven) verdicts of BPSK annulled by the Supreme Court (MA) on October 27, 2017. Where MA argued the two verdicts were not the authority of BPSK. Thus, problems arise whether the decision NO. 350 K/Pdt.Sus-BPSK/2016 and the decision NO.10/Pdt.Sus-BPSK/2016/PN.Plk are the competence of BPSK in resolving consumer disputes or not. To answer these problems, normative legal research methods are used, so that the conclusion is that the verdict NO.10/Pdt.Sus-BPSK/2016/PN.Plk is not the Palangkaraya BPSK competency in deciding because Sancho is not the final consumer protected by UUPK, so if the Supreme Court annulled the decision of the Palangkaraya BPSK is true. Meanwhile, verdict NO. 350 K/Pdt.Sus-BPSK/2016 is true Coal BPSK competency to decide consumer disputes because Dermasnyah Pane is the final consumer protected by UUPK, so if the Supreme Court annulled the decision of Coal BPSK is not true.
Modal Penyertaan dan Pertanggungjawaban Koperasi Panca Prima Terhadap Wanprestasi yang Dilakukan Selajar, Sophian; Bachri, Rifkiyati; N, Nabila
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1882

Abstract

A cooperative is a business entity that requires capital. Cooperative capital consists of own capital and loan capital, but to develop its business, cooperatives can also conduct equity investment activities. This capital investment activity attracts the attention of the community because of its nature that bears the risk of loss but the investor is not given the authority to participate in managing the capital opening opportunities for misuse of capital investment management in cooperatives that can lead to defaults by cooperatives due to default on investors, as well as with investors. Panca Prima Cooperative which defaults on the venture capital cooperation agreement (investment capital). Thus, a problem arises whether the Panca Prima Cooperative can be held accountable for default on the venture capital cooperation agreement (equity participation) that is carried out and whether the management of the Panca Prima Cooperative is also responsible for the default carried out by the cooperative. To answer these problems normative research methods are used. Thus, it was concluded that the Panca Prima Cooperative could be held accountable for the default of the cooperative working agreement (capital participation) because the status of the Panca Prima Cooperative was a legal entity and that the Panca Prima Cooperative Management could not be held liable for defaults made by the cooperative Koperasi Panca Prima is a legal entity