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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 Journal of Law, Poliitic and Humanities 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 Lex Librum : Jurnal Ilmu Hukum
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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Legal protection of customer data in implementing the financial information access law for tax purposes Haryandu, Randu; Azheri, Busyra; Rembrandt, Rembrandt
Gema Wiralodra Vol. 14 No. 2 (2023): gema wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i2.509

Abstract

The enactment of the Law on Access to Financial Information for Tax Purposes (Access to Financial Information) created a new paradigm in applying the principle of bank secrecy. The Law on Access to financial information has given authority to the Director General of Taxes to open taxpayer data at a bank even though the taxpayer is not being audited, billed, and investigated for tax crimes. This causes taxpayer data to be accessible at the bank if it meets predetermined criteria. The state must provide legal protection to secure bank customer data, so irresponsible parties do not misuse it. This study aims to determine and analyze the form of legal protection for customer data in implementing the Financial Information Access Law. This research method uses a normative juridical approach, analyzed normatively and qualitatively. The research results show that the Law on Access to Financial Information does not explicitly regulate the legal protection of customer data, and there are no administrative and criminal sanctions for parties who misuse customer data. Protection of customer data in implementing access to financial information is only found in the Regulation of the Minister of Finance. This Regulation of the Minister of Finance should regulate the technical implementation of the law. In the future, the government can conduct studies and change the Financial Information Access Law to guarantee legal protection for customer data regulated by law.
Penerapan Smart Contract dalam Industri Konstruksi di Indonesia: Potensi dan Tantangan Hukum Valentino, Christianto Youstra; Azheri, Busyra; Oktavia, Sri
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.59-78.2023

Abstract

Technological advancements in Indonesia's Construction have initiated a digital transformation in the sector. The necessity of incorporating automated systems in contract performance to meet future digital needs has become increasingly apparent. This paper presents to spearhead research into the possibility of the Indonesian construction industry adopting smart contracts. The chosen research approach is a qualitative scientific methodology involving a systematic review highlighting the benefits and obstacles associated with adopting smart contracts within the construction industry. Further data were collected from construction contract management experts through interview sessions. The findings reveal that the self-execution feature of smart contracts could better distribute risks within a contract. However, the study also uncovers substantial challenges in applying smart contracts, such as their immutability, irreversibility, and vulnerability to human errors. The study concludes that smart contracts are best suited for short-term contracts that do not require variations. Smart contracts could streamline contract management, reducing time and effectively addressing conflicts and disputes during the contract's lifespan. The devised implementation framework holds significance for construction professionals, particularly those involved in contract administration. Incorporating smart contracts into construction could enhance contract administration and management discipline by fostering investment in this emerging technology
Mitigasi Risiko Hukum dalam Penyelesaian Sengketa Kontrak Konstruksi melalui Dewan Sengketa Shantyabudi, Helda; Azheri, Busyra; Mulyati, Nani
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.79-92.2023

Abstract

Construction projects are considered a sector loaded with risks. Almost every construction service industry activity always appears as a claim, often becoming a dispute. The legal basis for the settlement of construction contract disputes is regulated in Article 88 of Law Number 2 of 2017 by directing dispute settlement through an out-of-court mechanism and providing support for the existence of a dispute board to avoid claims before they arise into disputes. However, Law Number 2 of 2017 does not provide detailed regulations regarding dispute boards, so parties in Indonesia's construction service industry doubt its effectiveness. The research aim is to analyze the implementation of legal risk mitigation to avoid construction contract disputes. The research methodology is done in normative legal research by combining historical, statute, comparative, and conceptual approaches. Research data sources are secondary legal materials and research data collection methods conducted by library research. The results of the study show that there are fundamental differences between construction claims and lawsuits. The concept of dispute avoidance is designed to change the culture to enable proactive dispute prevention and real-time dispute resolution. The dispute board rules in Indonesia are regulated in the Regulation of Minister of Public Works and Public Housing Number 11 of 2021. The output of the dispute boards is a formal decision that is final and binding. In this case, it is not equivalent to an enforceable decision but is contractually binding.
PELAKSANAAN PENGIKATAN JUAL BELI RUMAH MELALUI SISTEM PESAN BANGUN PADA PT. PRATAMA GRIYA MAKMUR KABUPATEN PASAMAN BARAT Pramana, Baldi; Azheri, Busyra
Alhurriyah Vol 4 No 1 (2019): Januari-Juni 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i1.954

Abstract

The home marketing strategy that is currently being used is home sales in the form of images (pre-project selling). The transaction is set out in the form of Bonds for Sale and Purchase (PJB) which in practice raises various problems, both in terms of PJB content and the quality of work results. PJB for developers is often used to break the law and legislation such as by disguising the actions of company directors for and on behalf of themselves, consumers are required to pay excess land prices that were not previously agreed and thought of, down payments that originally increased from the price offered, the construction of the house is not in accordance with the specifications and general standards, the delay in the submission of the certificate, the fasum problem, which should be the responsibility of the developer. From the description above, the problem examined was how to implement the sale and purchase of houses through the built-in message system at PT. Pratama Griya Makmur Regency of West Pasaman and how to protect the rights of consumers. This study uses an empirical juridical approach. The results of the study show the implementation and legal protection for consumers in buying and selling houses through a built-in message system at PT. Pratama Griya Makmur, West Pasaman Regency has been carried out by breaking the rules, namely parties representing companies in making PJB are directors, acting for and on behalf of themselves, in PJB the building specifications are not included, sanctions for cancellation of agreements, rights and obligations of the parties are not included implicitly.
PERLINDUNGAN HUKUM TERHADAP DEBITUR ATAS AKTA CESSIE YANG DILAKSANAKAN SEPIHAK OLEH KREDITUR (STUDI KASUS PUTUSAN No. 53/ Pdt.G/2018/PN Gpr. DAN PUTUSAN No. 21/ Pdt.G/2019/PN Kdr) Yusvaldi, Rhonny; Azheri, Busyra; Adelina Mannas, Yussy
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.481

Abstract

According to Article 613 paragraph (1) of the Civil Code, it is stated that the surrender of receivables on behalf of and other incorporeal objects are carried out by making an authentic deed and/or private deed, by which the rights to the object are delegated to another person. In a cessie, the takeover of bank receivables by a third party does not mean that only the receivables are taken over, but is accompanied by the takeover of the bank's rights and obligations, including the transfer of collateral for the debtor's debt. The research method used in this study is a Normative Juridical approach, the research results obtained are 1. As a result of the Cessie Deed being carried out unilaterally by the creditor, the Jessie is carried out by making an authentic deed or private deed, the Jessie is transferred by the creditor, and there will be a replacement of the creditor only if the cassie is carried out by Article 613 of the Civil Code, but if the cassie is carried out unilaterally by the creditor then the cassie deed has no legal consequences because the cassie in the deed does not fulfill one of the elements of Article 613 of the Civil Code 2. In case, the taking over of a receivables bank by a third party does not mean that only the receivables are taken over, but it is accompanied by the takeover of the rights and obligations of the bank, including the transfer of collateral for the debtor's debt. The transfer of receivables by Jessie does not result in the termination of the existing agreement made between the creditor and the debtor. 3. The debtor's legal protection for a session which is carried out unilaterally by the creditor according to the Civil Code Article 613 such submission to the debtor has no consequences unless the delivery is notified to him or in writing it is approved and acknowledged if the cassie is carried out unilaterally by the creditor the Jessie has not resulted in the debtor, in other words, the Jessie has not occurred or has not been transferred and the debtor can file a lawsuit in court.
ANALYSIS OF MERGER OF PERUM PPD INTO PERUM DAMRI BASED ON REGULATIONS IN INDONESIA Muthia Wulandari, Nadya; Azheri, Busyra; Adelina Mannas, Yussy
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.501

Abstract

In Indonesia, SOE has a strategic role as a pioneer for business activities that cannot yet be carried out by the private sector, providing public benefits in the form of providing adequate goods and/or services to meet the needs of many people and actively providing assistance and guidance to the community. However, the challenges faced by SOEs are that there are too many SOEs, some SOEs have poor financial, operational and governance performance, and the roles and functions of SOEs themselves are still not efficient in supporting the national economy. Therefore, restructuring SOE has been carried out in an effort to streamline the number of SOEs in Indonesia, one of which is through a Merger. There are two road transport SOEs that currently play a role in the development and operation of national road transportation and have equivalent core businesses, namely Perum DAMRI and Perum PPD. Perum DAMRI and Perum PPD were both affected by the Covid-19 Pandemic so that both their financial and operational performance deteriorated. The Ministry of SOEs together with the Ministry of Finance initiated the merger of the two companies as a strategic effort to nourish the two companies. This study aims to analyze the legal aspects of the Merger of Perum PPD into Perum DAMRI. This research seeks to answer the following questions: what is the legal process for the merger of Perum DAMRI and Perum PPD based on regulations in force in Indonesia. The research method used is normative juridical. This study concludes that the merger of Perum with Perum has not been regulated directly in the existing laws and regulations in Indonesia. The merger of Perum PPD into Perum DAMRI currently still refers to regulations regarding the merger of SOE Companies. Several regulations related to the Merger of Public Corporations in Indonesia, especially regarding the Merger of Perum PPD into Perum DAMRI, including Law No. 19 of 2003 on SOE, GR No. 43 of 2005 concerning Mergers, Consolidations, Acquisitions, Changes in Legal Entity Forms of State-Owned Enterprises, Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, Law No. 13 of 2003 concerning Manpower as amended by Perppu No. 2/2022, Law no. 22 of 2009 concerning Road Traffic and Transportation as amended by Perppu No. 2/2022, and Government Regulation No. 30 of 2021 concerning Implementation of the Road Traffic and Transportation Sector.
PELAKSANAAN RAPAT UMUM PEMEGANG SAHAM PERUSAHAAN TERBUKA SECARA ELEKTRONIK (E- RUPS) DENGAN SISTEM E-PROXY DI PT. TELEKOMUNIKASI INDONESIA (Persero), Tbk Khairu, Harsa; Azheri, Busyra; Mannas, Yussy Adelina
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.627

Abstract

The purpose of this research is to find out the implementation of the electronic General Meeting of Shareholders (e-RUPS) using the e-proxy method at PT Telkom and to find out how the Notary's authority is in holding the General Meeting of Shareholders electronically. The research method that researchers use is Empirical Juridical law (sociolegal research). The data that has been collected will then be analyzed using a qualitative approach, namely research procedures that produce descriptive data. The research results of PT Telkom as one of the users of the easy.KSEI applications have carried out e-RUPS since the Covid-19 pandemic hit Indonesia in 2020 until the last e-RUPS in 2022.
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) Nabila, Putri; Azheri, Busyra; Mannas, Yussy Adelina
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

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; Azheri, Busyra; Rembrandt, Rembrandt
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

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.
Kedudukan Notaris dalam Penyimpanan Sertipikat pada Masa Pelaksanaan Perjanjian Pengikatan Jual Beli di Kota Padang Aisyah, Irma; Azheri, Busyra; Hasbi, Muhammad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

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.
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 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 Syofirman Syofyan 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 Yulia Susanti, Yulia Yuni Zakira Yussy A. Mannas Yusvaldi, Rhonny Zainul Daulay Zanasri, Ermia