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All Journal Dinamika Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum Widya Yuridika Nagari Law Review Jurnal Hukum Samudra Keadilan Lex Librum: Jurnal Ilmu Hukum Ensiklopedia of Journal Unes Law Review BHUMI: Jurnal Agraria dan Pertanahan Journal of Education, Humaniora and Social Sciences (JEHSS) Al Hurriyah : Jurnal Hukum Islam Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Gema Wiralodra Legal Spirit UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Preferensi Hukum (JPH) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Al Hurriyah : Jurnal Hukum Islam Andalas Law Journal Lareh Law Review Kanun: Jurnal Ilmu Hukum Media of Law and Sharia Jurnal Dinamika Penelitian: Media Komunikasi Penelitian Sosial Keagamaan
Busyra Azheri
Universitas Andalas
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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KEWENANGAN PENGADILAN AGAMA DALAM HAL PEMBAGIAN WARIS BEDA AGAMA MELALUI WASIAT WAJIBAH (STUDI PENETAPAN PENGADILAN AGAMA JAKARTA SELATAN NOMOR 890/PDT.P/2021/PA.JS) Putri Nabila; Busyra Azheri; Yussy Adelina Mannas
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.661

Abstract

Inheritance law is the law that regulates the transfer of ownership rights over the inheritance of the heir, then determines who is entitled to become the heir and how much is each part. Regarding the inheritance rights of non-Muslims, the Compilation of Islamic Law refers more to the opinions of scholars who assert that there are religious differences between heirs with heirs that become a barrier to inheritance. In terms of determining the distribution of heirs of different religions, the Religious Courts play a role in upholding justice, truth, order, and legal certainty regarding Islamic civil cases. In 2021 the South Jakarta Religious Court issued stipulation number 890/Pdt..P/2021/PA.JS in which in this decision the South Jakarta Religious Court granted the request for determination of heirs and distribution of legal inheritance from parents who entered into an interfaith marriage with the initials ISW (hereinafter referred to as a first child) who is non-Muslim, and gets a mandatory will of 1/3 of S's inheritance and does not exceed this provision. The formulation of the problems in this research are: 1) What are the judges' considerations in granting the request for determination of heirs and distribution of inheritance in the South Jakarta Religious Court's Decision Number: 890/Pdt.P/2021/PA.JS? 2) How is the division of inheritance from interfaith marriages? This study uses a normative juridical method which is an approach through the practice of law enforcement against laws that are written and equipped with existing legal documents in Indonesia. The results of this study are 1) The basis for the judge's consideration in the Determination of the South Jakarta Religious Court Number: 890/Pdt.P/2021/PA.JS is based on applicable law and the facts revealed in the trial. 2) Distribution of inheritance from interfaith marriages to realize justice and benefit, namely non-Muslim heirs are entitled to inheritance in the form of a mandatory testament.
OPERASI PENINDAKAN OBAT TRADISIONAL TANPA IZIN EDAR OLEH BADAN PENGAWAS OBAT DAN MAKANAN DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Taufiqurrahman Taufiqurrahman; Busyra Azheri; Rembrandt Rembrandt
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.670

Abstract

Rapid economic development has created various goods and/or services that can be used and consumed. With the increasing variety of goods and/or services in circulation, and supported by advances in information technology, the distribution is increasingly expanding across national boundaries. So this is also a new demand for the government to oversee the distribution of products that are widely circulated in the market, especially in the health sector. One of the important human needs and cannot be left behind in daily activities is medicine. People's fear of the negative stigma of using modern medicine increases people's desire to seek alternatives to traditional medicine. However, there are many distributions of traditional medicines without a Distribution Permit (TIE) from the Center for Drug and Food Control (BBPOM) in Pekanbaru. Based on this, the researcher examines 1) What is BPOM's responsibility for the circulation of medicinal products without distribution permits in the community. 2) What is the legal protection for consumers who use medicinal products without a Distribution Permit from BPOM. Writing this thesis using the approach empirical juridical. From the results of the study, it was found that the most cases were found at Licensed Drug Stores (TOB) facilities. There are 2 (two) responsibilities of BPOM in conducting supervision, namely: pre-market andpost-market, both are supported by the Drug and Food Control System (SisPOM). The form of legal protection by BPOM is preventive and repressive efforts. Establishing a distribution permit is a preventive action taken by BPOM in carrying out aspects of security, comfort and safety for consumers. Repressive protection, namely by carrying out enforcement operations or spot checks on various drug distribution facilities. Furthermore, if a dispute occurs, it will be resolved through the courts and out of court.
PENEGAKAN HUKUM OLEH KOMISI PENGAWASAN PERSAINGAN USAHA (KPPU) DALAM PERJANJIAN INTI PLASMA PERKEBUNAN KELAPA SAWIT Ageng Triganda Sayuti; Busyra Azheri
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 1 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i4.1743

Abstract

Abstract: The MSME Law states that the implementation of partnerships is supervised in an orderly and regular manner by an institution that is formed and tasked with overseeing business competition, the institution referred to is the Business Competition Supervisory Commission (KPPU) which was formed to oversee the implementation of Law Number 5 of 1999 concerning Prohibition Monopolistic Practices and Unfair Business Competition. These provisions are further regulated through Government Regulation Number 17 of 2013 concerning the implementation of Law no. 20 of 2008 concerning MSMEs which confirms KPPU as the supervisor of partnerships. This authority provides another alternative for the parties to settle cases in the plasma nucleus agreement. The focus of the discussion in this article is how the KPPU supervises the Inti Plasma partnership pattern and what are the consequences of the KPPU's decision on the nucleus plasma agreement for oil palm plantations using normative juridical methods. The results of the discussion show that the KPPU's authority in supervising the plasma nucleus partnership is the authority of complementary state institutions (state auxiliary organs) or state institutions formed outside of the constitution and institutions that assist the implementation of the main tasks of the state (executive, legislative, judicial). The consequences of KPPU's supervision of the plasma nucleus agreement which is declared not in accordance with the law will have an impact on the validity of the agreement.Keywords: KPPU, Monitoring, Inti Plasma, Palm Oil.
Kedudukan Notaris dalam Penyimpanan Sertipikat pada Masa Pelaksanaan Perjanjian Pengikatan Jual Beli di Kota Padang Irma Aisyah; Busyra Azheri; Muhammad Hasbi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.848

Abstract

One of the authorities of a notary is in the making of a Sales and Purchase Agreement (SPA), which is a preliminary agreement between the seller and the buyer before the official sale and purchase deed is made in front of a Land Deed Official. Because there are requirements that have not been fulfilled, in accordance with the principles of real, cash, and clear sale and purchase, the Notary has the independence to keep the certificate for the safety of the parties who want or require the Notary to hold (store) the certificate. The Notary takes this action because of concerns that may arise if the certificate is held by the seller or buyer, and the Notary usually takes this precaution until the payment is made. With this, there is a legal vacuum where the Notary takes action to keep the certificate to avoid potential risks, but there are no regulations that protect the Notary from all the risks. The issue addressed in this paper is : how is the legal position of a Notary if it is linked to the storage of the certificate during the implementation of the Sales and Purchase Agreement in Padang City and what if one side of the party takes the certificate stored by the Notary without the presence of all members of the party of the agreement. In this research, the method used is juridical empirical, which is an approach to the problem through legal research by looking at the applicable legal regulations and will produce theories about the existence and function of law in society. According to the result of this research it is found that: 1) The storage of land certificates in the Sale and Purchase Agreement (SPA) is outside the Notary's authority and obligation based on Law Number 2 of 2014 concerning Notary Position. The Notary's action in receiving the storage of land certificates as a neutral stance towards the parties to ensure legal certainty and protection. 2) In practice, the Notary will not provide the certificate to one party if the other party is not present. This is to prevent losses to the other party and in accordance with Article 16 paragraph (1) letter (a) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN), in carrying out their duties, the Notary is obliged to act with trustworthiness, honesty, impartiality, independence, and to protect the interests of the parties involved in the legal act.
Pembatasan Kebebasan Berkontrak pada Perjanjian tidak Bernama dalam Bentuk Akta Notaris Fatma Devi; Busyra Azheri; Yulfasni Yulfasni
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.861

Abstract

This paper aims to determine control as freedom of contract in the system and the company's position in the engagement. The method uses normative juridical with primary and secondary data. Agreements or commonly called contracts in Indonesia, there are two types of classification when distinguished by name, namely name or name agreements and nameless agreements or named names. The two groups have their own definitions, requirements, elements and legal basis. Unnamed agreements generally grow and develop in society and in practice there are still those that do not have clear arrangements because anonymous agreements are legally recognized by law for their existence as a consequence of the form of agreements in Indonesia which are written and unwritten. The terms of the validity of the agreement, both subjective terms and objective terms, are generally applicable for nameless agreements and nameless agreements. Article 1338 of the Civil Code is the main pillar of the principle of freedom of contract, although in practice it is not free in the true sense, but free with limitations. The agreement made by the parties can be in the form of a private deed or an authentic deed, namely in the form of a Notary Deed and a private deed. The existence of an obligation to the public that certain contracts must follow the rules that have been determined by both the official who made it is one of the efforts for the state to have uniformity and ease of supervision or implementation. The role of a notary in making an anonymous deed agreement in a notarized deed is very useful and has perfect evidentiary power, both formal and material. A notary is a public official who frames the agreement of both parties or more, to make a deed agreement in the form of a notarial deed. The notary must pay attention to the clauses that are prohibited by law and must comply with the things that have been regulated by law.
Tanggung Jawab Notaris Terhadap Akta Nominee dalam Jual Beli Tanah (Studi Kasus Putusan Mahkamah Agung Nomor 1290 K/Pdt/2022) Ade Putra Prima; Busyra Azheri; Yussy Adelina Mannas
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.869

Abstract

The practice of nominee agreements is related to the principle of justice considering the interests of the parties involved. The nominee agreement is intended to provide all the authority that may arise in a legal relationship between the authorizing parties over a plot of land which according to land law cannot be owned by a foreign party which is then given to the indigenous people as the beneficiary. The notary as a public official is required to be responsible for the deed he made.
Analisis Putusan Hakim Terhadap Kasus Perlindungan Konsumen Bidang Perumahan dengan Sistem Syariah di Pengadilan Agama Bukittinggi (Studi Kasus Putusan Pengadilan Agama Bukittinggi Perkara Nomor: 604/Pdt.G/2020/PA. Bkt) Muhammad Nur Idris; Busyra Azheri; Rembrand Rembrand
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.897

Abstract

The aim of conducting research on Consumer Legal Protection in the Housing Sector in the City of Bukittinggi is as follows: 1. To find out the basic principles of Consumer Legal Protection in the Housing Sector using the Sharia System in the Event of Default by One of the Parties. 2. To find out the Judge's Decision on Consumer Legal Protection Cases in the Housing Sector with the Sharia System. In the research, the author took an empirical, descriptive, juridical approach. From the results of this research it is known that: 1. Indonesia as a country of law, legislation has provided the basis for legal protection for consumers. where the government guarantees legal certainty to protect citizens. In this case of default, the consumer as a buyer of one of the housing units has been harmed by the developer and has filed a lawsuit in the Religious Court. This is by the law where legal action can be taken if a default in the agreement occurs. the other is by filing a lawsuit in court. 2. Judge's Decision on Consumer Legal Protection Cases in the Housing Sector. In this decision, the opponent's application was rejected by the judge because he did not have proof of ownership of the land and house in the form of a certificate. However, in giving this decision, according to researchers, the judge did not give the maximum decision
Perlindungan Hukum Terhadap Konsumen Pengguna Pinjaman Online Berbasis Financial Technology oleh Otoritas Jasa Keuangan Fakhri Yulenrivo; Busyra Azheri; Yulfasni Yulfasni
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.927

Abstract

Online loans are a common thing that occurs among the wider community today, one of which is legal and illegal online loans. The easy conditions for applying for a loan make many people tempted to apply for a loan, where with just a photo of their KTP and filling in their data, everyone can easily get funds quickly. OJK is an independent organization, free from interference from other parties, whose function is to provide an integrated regulatory and supervisory system for all activities in the financial services sector as well as providing legal defense as regulated in OJK Law no. 21/2011 Articles 28, 29, and 30. As well as in POJK No. 31/2020 and POJK No. 6/2022. The method in this research uses a normative and qualitative approach. The main data in this research is secondary data obtained from library materials or literature that is related to the research object. The research results obtained: 1. Legal protection for consumers using online loans based on financial technology in the laws and regulations that can be implemented, namely: preventive and repressive legal protection. 2. Legal/licensed online loans are under the supervision of the OJK and regulated by POJK Number 10/POJK.05/2022 concerning Information Technology-Based Joint Funding Services (POJK 10/2022).
Perlindungan Hukum bagi Kreditur dalam Penarikan Paksa Objek Jaminan Fidusia di PT. Astra Credit Companies Kota Padang Fajri Hasrul; Busyra Azheri; Muhammad Hasbi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.934

Abstract

This study aims to identify and analyze forced withdrawals carried out by PT. ACC Padang Branch and the problems faced by the company in the process of forcibly withdrawing collateral objects. This research was conducted by juridical-empirical research. The data source for this research is primary data from key informants at PT. ACC Padang Branch and secondary data derived from legal reference sources. The results of the study at the ACC Padang Branch found that the forced withdrawals based on the two cases analyzed had been carried out according to the requirements stated in the UUJF and the Constitutional Court Decision Number 18/PUU-XVII/2019. Based on these two cases the debtor has defaulted and has no good faith to settle his obligations. This study found that the debtor had violated Article 23 UUJF, by transferring the collateral object without the creditor's approval. By UUJF, in this case, the creditor can not only make withdrawals but the debtor can also be punished according to Article 36 UUJF.
Pertanggungjawaban Pelaksana Operasional Badan Usaha Milik Nagari (BUMnag) Gadut Sejahtera Nagari Gadut Kecamatan Tilatang Kamang Syahrul Hamidi; Busyra Azheri; Wetria Fauzi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.960

Abstract

The operational implementation of BUMNag Gastra experienced various problems which made it difficult to develop properly. These problems include, among others, the Human Resources Manager is still low, resulting in one of the accountability BUMNag not being carried out properly. Therefore the author examines the following problem formulation: 1) How is the Operational Implementation of BUMNag Gastra Nagari Gadut 2) What is the accountability of the Operational Executive of BUMNag Gastra Nagari Gadut. The research method that the author uses is Juridical Empirical, namely research that focuses on how the implementation of BUMNag Gastra Nagari Gadut operations in the field. The results of the research are presented in the form of descriptive analysis relying on primary data in the form of field data (interviews) supplemented by secondary data. As for the results of the author's research, it can be concluded, firstly, the operational implementation of BUMNag Gastra Nagari Gadut is still simple and not fully in accordance with management functions. The two accountability reports have not been properly presented, so they are not in accordance with legal objectives, namely certainty and justice. In the future, efforts are expected to promote BUMNag, namely 1) increasing human resources 2) increasing capital 3) instilling a sense of ownership of BUMNag which is still low. 4) improvement of facilities and infrastructure
Co-Authors Ade Putra Prima Afif Alfianda, Muhammad Ageng Triganda Sayuti agustia, tria Aisyah, Irma Anggunsuri, Upita Anishya Yulia Anggraini Arben, Ali Arfando, Mohamad Sondan Atika Wulan Dari Atika Wulan Dari Aulia br Surbakti, Syafirah Azmi Fendri Baldi Pramana Bella Annisa Ardhani Calvin Danovand Chanda Ricci Christianto Youstra Valentino Dahlil Marjon Danovand, Calvin Dari, Atika Wulan Delima Fitrah, Indah Devi, Fatma Dianis, Ratna Dwi Mutia Sari Elvardi, Jean Ermia Zanasri Fahrul Rozi Fajri Hasrul Fakhri Yulenrivo Fatma Devi Hamidi, Syahrul Harefa, Kasran Harsa Khairu Haryandu, Randu Hasanah, Shally Mahdayatul Hasbi Hasbi Hasrul, Fajri Helda Shantyabudi Hengki Andora Hengki Andora Indah Delima Fitrah Indriani, Lidya Irma Aisyah Ivan Hamonangan Sianipar Jenny Divia Fitcanisa Kasran Harefa Khairu, Harsa Khairunnisa, Verina Lidya Indriani Lucy Juwita Asni Mannas, Yussy A. Mirwati, Yulia Muhammad Afif Alfianda MUHAMMAD HASBI Muhammad Hasbi Muhammad Nur Idris Muhammad Rizki Muthia Wulandari, Nadya Mutia Sari, Dwi Nabila, Putri Nadya Muthia Wulandari Nani Mulyati Nazer, Muhammad Nur Idris, Muhammad Oktavia, Sri Pramana, Baldi Prima, Ade Putra Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad Putri Nabila Putri Zakia Yurahman Putri, Diva Dezi Radella Elfani Rahayu Harina Rahman, Fadhil Refa Swinta Maharani Rembrand Rembrand Rembrand, Rembrand Rembrandt Rembrandt Rembrandt, Rembrandt Rhonny Yusvaldi Rosari, Anton Roza, Nerita San Yuan Sirait Shantyabudi, Helda Sri Oktavia Surbakti, Feri Antoni Sutjiadi, Silvia Tristanti Syahrul Hamidi Syam, Misnar Taufiqurrahman Taufiqurrahman Taufiqurrahman Taufiqurrahman Titia Tauhiddah Tria Agustia Upita Anggunsuri Valentino, Christianto Youstra Wetria Fauzi Yasniwati, Yasniwati Yenedy, Ringgo Yosi, Mengga Yulenrivo, Fakhri Yulfasni Yulfasni Yulfasni Yulfasni Yulfasni Yulfasni, Yulfasni Yulia Mirawati Yuni Zakira Yussy A. Mannas Yusvaldi, Rhonny Zainul Daulay