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Aspek Hukum Perjanjian Pemberian Bantuan Pinjaman Modal Antara Badan Usaha Mlik Negara Kepada Usaha Mikro Kecil Rahdiansyah Rahdiansyah
UIR Law Review Vol. 2 No. 1 (2018): UIR Law Review
Publisher : UIR Press

State-Owned Enterprises as the implementer of partnership programs, has an obligation to provide business capital loan assistance to small businesses in accordance with the decision of the Minister of State-Owned Enterprises and State-Owned Enterprises No. 236 / MBU / 2003 on partnership programs State-Owned Enterprises with Small Business and Community Development Program. The provision of grant of business capital loan to small business which is better known as this partnership program has a goal to increase the capability of small scale business through the utilization of fund from the profit share of State Owned Enterprises in this program. BUMN Pembina is prohibited to provide business loan small businesses that have become partners of other State-Owned Enterprises (BUMN).

Pengujian Peraturan Perundang-Undangan Di Indonesia: Persoalan Dan Jalan Keluarnya Wira Atma Hajri; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 2 No. 1 (2018): UIR Law Review
Publisher : UIR Press

The existence of two institutions that review of legislation in Indonesia resulted in various problems especially in terms of legal certainty, institutional authority, and legal vacuum. In terms of legal certainty, which decisions to follow, the decision of the Supreme Court or the decision of the Constitutional Court. When the Constitutional Court tests the law, while the Supreme Court examines under the law, it does not mean that the Constitutional Court is higher than the Supreme Court. In terms of authority, the neglect of the Supreme Court ruling as has been done by the General Election Commission, of course, disturbs the authority of the Supreme Court. How is the decision of the institution of the Supreme Court not run by the Election Commission. The issue is due to a Constitutional Court ruling which provides a different interpretation of the law as a test case by the Supreme Court, that is another matter. In terms of legal vacuum, suppose the absence of a judicial institution authorized to test the Decree of the People's Consultative Assembly.

Perlindungan Hukum Terhadap Konsumen Pelanggan Air Minum Isi Ulang Rahdiansyah Rahdiansyah
UIR Law Review Vol. 2 No. 2 (2018): UIR Law Review
Publisher : UIR Press

Community needs for clean, healthy and hygienic water from time to time increasing, as the number of consumers increases, the number of water depots minumpun more and more. Moreover, the price offered by refill drinking water is also cheaper compared to bottled drinking water, so the drinking water depots are located on the side of the road much in demand by consumers for more economical and economical reasons. Establishment of Refill Depots shall be processed in accordance with applicable laws and regulations, ranging from business permit, sign of company list, business permit, healthy recomendation recommendation, and examination / test of water samples. Supervision of the stands The drinking water refill depots must be through the supervision of the Municipal Health Service, by conducting field observations, sanitary inspections, sampling of drinking water for inspection. Disperindagtamben, conducting technical permit engineering, technical machinery / equipment, business legality, registration. Hall of POM, supervise if the water consumed causes illness and even poisoning, and POM Hall as a designated and accredited laboratory.Provisions Legislation that regulates the protection of consumer law should be able to provide legal certainty to users of water refills so that consumers are protected, both health and services / services provided by the owner of water refill Depot.

Perlindungan Hak Kekayaan Intelektual (HaKI) Ditinjau Dari Epistimologi Yulia Nizwana; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Along with the times, the protection of the rights possessed by every human being needs to be regulated, including the case with Intellectual Property Rights (IPR). As one of the countries that is very diverse and has a lot of potential in the field of IPR, Indonesia has also long been actively involved in both regional and international frameworks in the field of IPR. Philosophy of science is really worth studying by anyone. Philosophy of science has a role in human life. Philosophy of science is knowledge that seeks truth. Branches of philosophy include Ontology, Epistemology, and Axiology. Then IPR protection will be assessed in terms of epistemology and axiology. The formulation of the problem discussed is why IPRs need to be protected, how IPR Protection is evaluated from Epistemology,. The approach method used is Normative Juridical, discussion of issues relating to the Protection of Intellectual Property Rights in terms of Epistemology. The results of the discussion, the reason why Intellectual Property Rights Need to be Protected is because IPR is natural rights, Reputation Protection, Encouragement and rewards from innovation and creation, Then supported by 5 basic theories of IPR protection: Reward Theory, Recovery Theory, Incentive Theory, Risk Theory, Economic Growth Stimulus Theory. Protection of Intellectual Property Rights in terms of Epistemology. Epistemology discusses three things, namely the object of philosophy (ie thought), how to obtain philosophical knowledge and measure of truth (philosophical knowledge) how humans seek philosophical knowledge. For example why IPR needs to be protected, the most profound and fundamental answer is IPR protection is a protection against the intellectual idea of someone who was born naturally the gift of the God, that is from God where every human being was created with advantages including the advantages of intellectual ideas that are certainly different every human beings, so that intellectual ideas need to be protected because they are subjective and natural.

Kewenangan Hakim Dalam Mengubah Klausul Kontrak Yang Dibuat Atau Dilaksanakan Dengan Itikad Buruk Timothee Kencono Malye; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Para praktiknya kadangkala pihak-pihak yang terikat dalam sebuah kontrak tidak memiliki kedudukan yang seimbang, baik dari segi ekonomi, pengetahuan, maupun pengalaman. Hal ini menyebabkan potensi adanya klausul pada perjanjian yang merugikan salah satu pihak apabila ditinjau dari kacamata orang pada umumnya yang berakal sehat. Penulis berpendapat bahwa hakim tidak perlu ragu untuk membatalkan maupun mengubah klausul pada kontrak yang demikian, dengan didasari Pasal 1338 dan Pasal 1339 KUH Perdata maupun konsep misbruik van omstandigheden. Adapun mekanisme perubahan atau pembatalannya adalah dengan pengajuan gugatan perbuatan melawan hukum oleh Penasihat Hukum ataupun masyarakat pada umumnya. Penasihat Hukum pada khususnya harus menyadari hal ini untuk melindungi klien yang secara ekonomi dan pendidikan berada dalam posisi yang lebih lemah. Kata Kunci: Kontrak, Misbruik van omstandigheden, Itikad Buruk

Perlindungan Hukum Pemegang Polis Asuransi Jiwa Terhadap Penetapan Klausula Baku Selvi Harvia Santri; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

The agreement that occurred between the insurance company and the insured was outlined in the policy. The insurance policy is standard or standard, meaning that the policy has been issued in advance by the insurance company. According to the provisions of the policy or form of insurance agreement with any name, the following attachments may not contain different words or interpretations, but in reality the policies issued by insurance companies contain languages that contain different interpretations by the parties resulting in the rejection of the claims submitted by the insured or the holder policy. The issues raised in this paper are how is the standard contract arrangements for life insurance policies in Indonesia and how is the form of legal protection of policy holders for the application of life insurance policy standard clauses in Indonesia? The research method used is empirical juridical by conducting field observations through interviews to the parties later Interview results are analyzed in accordance with insurance regulations in Indonesia. The purpose of this paper is to find out the rules governing standard life insurance contracts in Indonesia and to find out the form of legal protection for policy holders against the application of a standard life insurance policy clause in Indonesia. Standard contract arrangements in Indonesia are regulated based on OJK Financial Services Authority Regulation No. 1 / POJK.07 / 2013 and Law No. 8 of 1999 concerning consumer protection and Government Regulation No. 73 of 1992 Article (19), and Law No. 40 of 2014 concerning Insurance Business, while the form of legal protection of policyholders in applying standard contracts to life insurance policy is an insurance company responsible for providing compensation if a claim is claimed by the insured, which has fulfilled the provisions in the life insurance policy, if it raises a dispute the insured is entitled to settle a dispute through a mediation institution based on Article 54 CHAPTER XI of Law number 40 concerning Insurance namely regarding the legal protection of policyholders, for the insured and insurance companies.

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