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PROBLEMATIKA PENERAPAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2008 DALAM PENYELESAIAN SENGKETA PERDATA DI INDONESIA Candra Irawan
ADHAPER: Jurnal Hukum Acara Perdata Vol 1, No 2 (2015): Juli-Desember 2015
Publisher : Departemen Hukum Perdata

Kehadiran Peraturan Mahkamah Agung Republik Indonesia (PERMA RI) Nomor 1 Tahun 2008 tentang Prosedur Mediasi di Pengadilan seharusnya mampu mempercepat penyelesaian sengketa perdata melalui mediasi (perdamaian) tanpa harus berlanjut pada penyelesaian melalui mekanisme peradilan perdata. Faktanya, proses mediasi seringkali gagal mendamaikan para pihak. Hal tersebut terjadi karena: 1) ketidakcakapan mediator (umumnya mediator berasal dari hakim yang belum bersertifikat); 2) mediasi dianggap memperpanjang waktu penyelesaian perkara di Pengadilan; 3) tidak adanya insentif bagi hakim mediator yang menyebabkan rendahnya komitmen mediator untuk berupaya mendamaikan para pihak; 4) keraguan para pihak terhadap eksekusi hasil kesepakatan mediasi; 5) rendahnya pengawasan dan pembinaan terhadap mediator; dan 6) budaya hukum bermediasi rendah (hakim, advokat dan para pihak). Hal tersebut perlu segera diatasi agar para pihak yang bersengketa lebih memilih mediasi sebagai alternatif penyelesaian sengketa dari pada harus berjibaku dalam proses peradilan yang melelahkan, lama, mahal dan memposisikan salah satu pihak sebagai pemenang (the winner) dan pecundang (the losser). Apalagi eksistensi hukum mediasi sebagai alternatif penyelesaian sengketa sudah diatur dalam Undang-Undang Nomor 30Tahun 1999, dan mediasi lebih sesuai dengan budaya bangsa Indonesia.Kata kunci: mediasi, pengadilan, sengketa perdata

PENGATURAN ALIH TEKNOLOGI PADA KEGIATAN PENANAMAN MODAL UNTUK PERCEPATAN PENGUASAAN TEKNOLOGI DI INDONESIA Candra Irawan
Supremasi Hukum: Jurnal Penelitian Hukum Vol 28, No 1 (2019)
Publisher : Universitas Bengkulu

Di masa depan diharapkan Indonesia memiliki peraturan alih teknologi dalam kegiatan penanaman modal langsung. Hal ini dibutuhkan karena kehadiran perusahaan asing di Indonesia ternyata tidak diikuti dengan terjadinya alih teknologi kepada Indonesia. Sementara perusahaan asing tersebut mendapatkan banyak fasilitas penanaman modal (keringanan pajak, pembebasan bea masuk, lahan, repatriasi keuntungan) memanfaatkan pasar Indonesia yang besar (245 juta penduduk). Negara harus berperan memaksa terjadinya alih teknologi melalui aturan hukum, baik pengaturan secara sui generis maupun tersebar pada peraturan lain yang relevan.Kata Kunci: pengaturan, Alih Teknologi, Penanaman Modal In the future, Indonesia has the technology transfer regulations in direct investment activities. This is necessary because of the presence of foreign companies in Indonesia was not followed by the transfer of technology to Indonesia. While foreign companies are getting a lot of investment facilities (tax breaks, duty exemptions, land, repatriation of profits) utilized large Indonesian market (245 million people). State must act to force the transfer of technology through the rule of law, good arrangement sui generis and spread on other relevant regulations.Keywords: Technology Transfer, Investmen

Implementation Of Article 86 Of Law Number 13 Of 2003 Concerning Manpower,Occupational Safety And Health Toward Operator Of Gas Station number 21.381.09 At rawa Makmur Of Bengkulu City Sukma Jumiati; Ganefi Ganefi; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v12i1.21328

Regarding labour protection, therefore the Law Number 13 of 2003 concerning Manpower,Article 86 Paragraph (1) Letter a and Paragraph (2) states that:"Every worker/labourer has the right to receive protection on occupational safety and health". Then, the researchers will discuss the implementation of article 86 of law number 13 of 2003 concerning Manpower, occupational safety and health toward an operator of the gas station number 21.381.09 at RawaMakmurof Bengkulu City. The aim of this research was to know the implementation ofarticle 86 of Law Number 13 of 2003 concerning Manpower toward the operator of gas station number 21.381.09 atRawaMakmurof Bengkulu City. This research was an empirical study of qualitative research. The data sources used were secondary and primary data sources. In collecting the data, the researcher used interview, observation and documentation. After doing research, it can be concluded the following: Legal Protection at the gas stationare done by using Security Administration Body for Employment (BPJS Ketenagakerjaan) and Healthcare Security (BPJS Kesehatan), and conducted directly protection by the company by providing sweetened condensed milk as a neutralizing immune system, protective footwear shoes, and fire extinguishers as firefighters.

THE PROBLEM FACING BY PT. METRO BATAVIA TO PROVIDE COMPENSATION TO COSTUMERS BASED ON THE CONSTITUTION (A case study concerning Bankruptcy of PT. Metro Batavia) Tito Sofyan; Candra Irawan; Dya Vitalia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Bankruptcy happened to airlines companies causes troubles not only on debtors but also on consumers as the expectant passengers that have purchased flight tickets. When PT. Batavia Air was sentenced bankruptcy by the Commerce Court then all operational activities shall stop. These halted Operational activities resulted loss on consumers since thousand of consumers that have bought tickets cannot fly. Verdict of Commercial Court of Jakarta Pusat No.77/Pailit/2012/PN.NIAGA.JKT.PST on January 30th, 2013 decided all activities concerning on properties are delegated to curator appointed by the court stated on verdict. For consumers that demand any compensation of loss, it is suggested to register a debt note in curator office. On Act No. 1 of 2009 concerning on airlines and Minister Regulation No. 77 of 2011 concerning responsibility of airline, it is stated that airlines are responsible to repay the whole cost of ticket spent by passengers. However, in the reality it is impossible to consumers to get the compensation since they stand as concurrent creditors which have no rights to get advanced repayment. The full repayment can only be possible to gain by consumers after curator complete the whole repayment process to separative and preference creditors.

DEFAULT IN OF LEGAL AID COLLABORATION AGREEMENT BETWEEN ADVOCATES AND REGIONAL GOVERNMENTS OF CENTRAL BENGKULU REGENCY Febricka Riezky Ramadhanti; Ganefi Ganefi; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

This study aimed to determine and analyze the implementation of the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal aid and to find out and analyze the settlement in the event of a dispute in the implementation of a cooperation contract between the Regional Government of Bengkulu Tengah Regency and an advocates in the field of providing legal aid. This research was an empirical research and the data analysis used was qualitative with deductive-inductive thinking method. The results showed that the cooperation contract between the Regional Government of Bengkulu Tengah Regency and advocates in the field of providing legal assistance was carried out through a written agreement. The legal basis for the cooperation contract was based on Article 9 letter a and b of Law Number 16 of 2011 concerning Legal Aid, specifically stipulated by the Decree of the Regent of Central Bengkulu Number 3 of 2013 concerning the Stipulation of Advocates/Lawyers in the Context of Resolving Legal Problems for Civil Servants/Apparatus in the Regional Government of Central Bengkulu Regency in 2013 and all costs in the implementation of the cooperation contract for the provision of legal assistance were borne by the Regional Government of Central Bengkulu Regency through Number DPA 1.20 (1.20.03) .20.09.5.2. Whereas the obstacles in implementing the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal assistance included the payment of honorariums to lawyers who were often late or paid once every three months, as a result lawyers could not carry out their duties and functions properly. The settlement of these obstacles by both parties agreed to do non-litigation, which was negotiations, so that the cooperation agreement would not be broken.

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES Candra Irawan; Adi Bastian; Febrozi Rohadi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution.

THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA Sandra Megayanti; Candra Irawan; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY AS A LEGAL OBLIGATION FOR PLANTATION COMPANIES IN SELUMA REGENCY M. Alvin Azhari; Widiya N. Rosari; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study aimed to examine and analyze the implementation of corporate social responsibility as a legal obligation for plantation companies in Seluma Regency carried out by PTPN VII of Padang Pelawi Business Unit. The type of this study was juridical empirical with descriptive research design. The results of this study indicated that the implementation of CSR by PTPN VII of Padang Pelawi Business Unit had been carried out with the Partnership and Community Development Program (known as PKBL in Indonesian abbreviation) based on the State-Owned Enterprise Ministerial Regulation Number: 09/MBU/07/2015 concerning the Partnership and Community Development Program for State-Owned Enterprises and its amended regulations. However, it had not been running optimally. Matters that need to be revised and improved besides continuing to implement the PKBL program that have been carried out were continue to enhance other CSR activities, especially those related to efforts to improve community welfare by increasing business capital assistance in the Partnership Program, and to provide access to information as well as to establish communication with the community so that CSR objectives can be more optimal.

IMPLEMENTATION OF ARTICLE 86 OF LAW NUMBER 13 OF 2003 CONCERNING MANPOWER,OCCUPATIONAL SAFETY AND HEALTH TOWARD OPERATOR OF GAS STATION NUMBER 21.381.09 AT RAWA MAKMUR OF BENGKULU CITY Sukma Jumiati; Candra Irawan; Ganefi Ganefi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Regarding labour protection, therefore the Law Number 13 of 2003 concerning Manpower,Article 86 Paragraph (1) Letter a and Paragraph (2) states that:"Every worker/labourer has the right to receive protection on occupational safety and health". Then, the researchers will discuss the implementation of article 86 of law number 13 of 2003 concerning Manpower, occupational safety and health toward an operator of the gas station number 21.381.09 at RawaMakmurof Bengkulu City. The aim of this research was to know the implementation ofarticle 86 of Law Number 13 of 2003 concerning Manpower toward the operator of gas station number 21.381.09 atRawaMakmurof Bengkulu City. This research was an empirical study of qualitative research. The data sources used were secondary and primary data sources. In collecting the data, the researcher used interview, observation and documentation. After doing research, it can be concluded the following: Legal Protection at the gas stationare done by using Security Administration Body for Employment (BPJS Ketenagakerjaan) and Healthcare Security (BPJS Kesehatan), and conducted directly protection by the company by providing sweetened condensed milk as a neutralizing immune system, protective footwear shoes, and fire extinguishers as firefighters.

COVID-19 PANDEMIC AS THE REASON FOR FORCE MAJEURE IN MOTOR VEHICLES CONSUMER FINANCING AGREEMENTS (STUDY AT PT SUMMIT OTO FINANCE BENGKULU BRANCH) Hafidza Zia; Candra Irawan; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25044

As an emergency, the COVID-19 pandemic is also known as a force majeure in civil law, therefore it could be one of the reasons for the postponement until the cancellation of the current agreement. Therefore, the Financial Services Authority as the institution authorized to regulate financial service activities stipulates OJK Regulation Number 14/POJK.05/2020 concerning Countercyclical Policy on the spreading impact of the 2019 Coronavirus Disease for Non-Bank Financial Services Institutions to optimize leasing business activities through financing restructuring. This thesis was completed through empirical research. This study aimed to describe and analyze the implementation of credit restructuring by PT. Summit OTO Bengkulu Branch to resolve late installment payments due to Force Majeure due to the impact of COVID-19, as well as to comprehend and know legal settlements related to delays in the implementation of motor vehicle installment payments at PT. Summit OTO of Bengkulu Branch due to COVID-19.The results of the research and discussion explain that the legal consequence of the spread of COVID-19 as a Force Majeure relative to the financing agreement is that the debtor must still fulfill his obligations/achievements to the debtor after COVID-19 ends. In its implementation, debtors are given credit relief through restructuring in accordance with the form of restructuring issued by leasing in the form of lowering interest rates, extending time, reducing principal arrears, reducing interest arrears, and other forms according to the verification and analysis of the Leasing party on debtors affected by COVID-19. Implementation of financing restructuring in PT. Summit OTO Bengkulu Branch until July 2021 has been realized as much as431 (four hundred and thirty-one) contracts financing. Restructuring of financing is carried out by extending the term of the agreement, delaying part of the payment of motor vehicle installments, and reducing the principal arrears during the period of restructuring of the financing.

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