Muhammad Yasir
Universitas Islam Negeri Syarif Hidayatullah Jakarta

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Kewajiban Mempekerjakan Penyandang Disabilitas Menurut Undang-Undang Nomor 8 Tahun 2016 Pada Perusahaan Swasta Ade Ansah Muhamad Fauzi; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i5.13908

Abstract

AbstractPrivate companies have the responsibility to employ persons with disabilities, as stipulated in Article 53 of Law Number 8 of 2016 that private companies are required to employ 1% of workers with disabilities out of the total number of workers. This responsibility is not limited to only employing people with disabilities, but there are other obligations that must be done by the company, in order to provide decent and decent work for persons with disabilities. These obligations include providing job security, promoting promotions and providing accessibility to persons with disabilities.Keywords: Responsibility, Company, Persons with Disabilities 
Tanggung Jawab PT. Lintas Kumala Abadi Dalam Kegiatan Pengangkutan Laut; Analisis Putusan Pengadilan Negeri Jakarta Barat No.642/PDT.G/2011/PN.JKT.BAR. Muhammad Furqoni Ramadhan; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i1.12825

Abstract

AbstractThis study aims to explain the responsibilities of PT. Lintas Kumala Abadi and know the parties in the sea transportation agreement in terms of Law Number 17 of 2008 concerning Shipping and Commercial Law Book Article 307-747 in connection with a claim dispute between PT. Lintas Kumala Abadi and PT. Central Asia Insurance. This study uses normative juridical research by reviewing the laws and regulations, books and books related to this journal. There are three legal materials used in this study, namely primary legal materials, secondary legal materials, and non-legal materials. In this study, the author uses the decision of the West Jakarta District Court Number 642 / Pdt.G / 2011 / PN.Jkt.Bar namely a dispute between PT. Lintas Kumala Abadi as a carrier of goods owned by PT. Indofood Sukses Makmur (Defendant) against PT. Asuransi Central Asia as a guarantor for insured goods owned by PT. Indofood Sukses Makmur (Plaintiff). The results showed that the guarantor who has not paid compensation for the losses suffered by the insured cannot claim subrogation rights against third parties in this case the transporter. This was concluded from the consideration and decision of the judge on the decision of the West Jakarta District Court No. 642 / Pdt.G / 2011 / PN.Jkt.Bar.Keywords: Insurer, Insured and Subrogation
Analisis Yuridis Terhadap Penyelesaian Sengketa Merek Gudang Garam Dan Gudang Baru (Studi Kasus Putusan Nomor 104 PK/Pid.Sus/2015) Muhamad Ikbal Hajizi; Mohammad Ali Wafa; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i2.12007

Abstract

Abstract:Provisions regarding the resolution of trademark disputes in CHAPTER XV of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications state that the procedure for resolving trademark disputes can be carried out in civil cases through the Commercial Court within the scope of General Courts/District Courts, Crimes through District Courts, Arbitration through Arbitration Institutions, and Other alternative dispute resolution in accordance with the agreement of the parties to the dispute. The existence of provisions regarding civil and criminal settlement in trademark problems sometimes causes polemic, because in the legal world the boundary between criminal law and civil law is very thin. Therefore, it is not uncommon in trademark disputes that should be resolved by civil law instead ends with criminal sanctions. The purpose of this study is to find out the procedure for resolving trademark disputes if resolved in a Civil and criminal manner, as well as the causes of Dissenting Opinion of the Supreme Court judges in examining the Review of the New Gudang brand in decision No. 104 PK/ Pid.Sus / 2015.Keywords: Brand Dispute Resolution, Dissenting Opinion
Hak Merek Sebagai Jaminan Fidusia Dalam Praktik Pemberian Kredit Oleh Perbankan Di Indonesia Wely Saputra; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.14612

Abstract

The goal of this study is to develop the legal status of brand rights as collateral for bank credit guarantees and to analyze the risks of applying brand rights as collateral for bank credit guarantees in Indonesia. Brand rights are part of intellectual property rights which, of course, are of commercial significance to be used as collateral for bank loans. This study is a normative legal research using a regulatory methodology or a legislative approach to interpreting the idea of brand rights being used as security for bank loan guarantees, as laid down in statutory regulations, which are meant to try to get closer to the problems examined on the basis of laws, norms and rules. In compliance with the purpose of the analysis. The findings of the research suggest that Brand Rights can potentially be used as collateral for bank credit guarantees in compliance with the relevant legal requirements, but there are no specific laws and regulations that explicitly govern brands used as collateral for bank credit and, as a result, many banks in Indonesia have not been able to consider brands as collateral for bank credit guarantees.
Keabsahan Transaksi Jual Beli Properti Menggunakan Sistem Pre Project Selling Ditinjau Dari Hukum Perjanjian (Studi Kasus Proyek Meikarta Cikarang Kabupaten Bekasi) Ahmad Syauqi Robbi; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i4.13901

Abstract

AbstractThis study discusses the sale and purchase of property transactions using the pre-project sales system in terms of the legal agreement and the responsibility of the legal developer (developer) for units of buyers of Meikarta property units in the Pre-Sale Project. The research method used in this study is a normative research method. The research data was collected by means of a literature study through a research method of the law that discusses Law Number 20 of 2011 concerning Flats. The results of this study indicate that the binding purchase agreement (PPJB) of Meikarta apartment units involving the parties between the developer (developer) and the buyer is illegal and null and void, because the required conditions have not yet been fulfilled. The requirements specified in Article 1320 of the Law Law Civil. The developer (developer) can be held accountable for Acts Against the Law (PMH) by the buyer approved in Article 1365 of the Civil Code which discusses all aspects of legality (licensing) in accordance with Law Number 20 of 2011 concerning Flats, developers (developers) before building apartments, such as the Environmental Impact Analysis Permit and Building Permit have not yet been approved by the developer.Keywords: Responsibility, Developer, Seling Per Project.
Pungutan Pajak Perdagangan Melalui Elektronik Antar Negara Berdasarkan Hukum Perpajakan Di Indonesia Fuzzy Kartika Candra Dewi; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i5.12179

Abstract

AbstractThis study aims to determine the applicable taxation arrangements in Indonesia for e-commerce or e-commerce business actors between countries. Specifically, this study tries to explore the content of rules to harmonize regulations with rules relating to e-commerce. In addition, this study also examines specifically the rules that can be imposed on e-commerce businesses, tax arrangements, qualifications of tax subjects, and tax objects that can be withdrawn from e-commerce business actors between countries. This research is a library research through statutory approach. The results showed that Indonesia already has general rules regarding taxes for foreign tax subjects, so that if there is an inter-state e-commerce business actor having sources originating from the Indonesian state, then the inter-state e-commerce business actor can be said to be a taxpayer abroad with qualifications article 26 of the Republic of Indonesia Law No. 36/2008 concerning the Fourth Amendment to Law No. 7 of 1983 concerning Income Taxes.Keywords: e-commerce tax, e-commerce between countries