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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial qolamuna : Jurnal studi islam SENTIA 2016 Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang JURNAL HUKUM dan KENOTARIATAN Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang Adbis : Jurnal Administrasi dan Bisnis Jurnal Pengabdian Polinema Kepada Masyarakat Yuridika Jurnal Cakrawala Ilmiah Jurnal Pengabdian Mandiri Jurnal Hukum dan HAM Wara Sains West Science Social and Humanities Studies Joong-Ki West Science Islamic Studies Jurnal Pengabdian Kepada Masyarakat J-CEKI Syaikhuna: Jurnal Pendidikan dan Pranata Islam STAI Syaichona Moh. Cholil Bangkalan
Shohib Muslim
Departemen Teknologi Informasi, Politeknik Negeri Malang, Malang, 65141
Religion Humanities Computer Science & IT Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Yuridika

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Legal Protection for Parties in Transferring Receivables from Factoring Transactions (Factoring) Shohib Muslim
Yuridika Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (408.033 KB) | DOI: 10.20473/ydk.v37i1.32169

Abstract

An agreement can be born not enough just by the will; the will is not stated according to the theory of statements (verklaring theory). Furthermore, according to the theory of trust (vertrouwens theory), it is argued that the stated will becomes an agreement that can produce an agreement. We attempted to identify the existence of an agreement factoring and transfer of receivables in the practice of factoring transactions that have provided legal protection to the parties in the perspective of consumer protection and the principle of freedom of contract. Here, we conducted a legal analysis on certain legal phenomena in Indonesia related to factoring transaction. The scope of this study was limited to factoring activities of a financing nature, particularly related to the purchase and transfer of receivables in factoring transactions in Indonesia (domestic factoring). Philosophical issues related to factoring transactions, where factoring is an institution adopted from the British legal system and the American legal system (common law), influenced by the understanding and principles of materialism, individualism and liberalism, while the Indonesian legal system is based on Pancasila, based on the principles of God, kinship, togetherness and mutual cooperation, balance, and responsible freedom. In our analysis, we found that the process of making the agreement is prepared and determined unilaterally by the factor by providing a very minimal portion for the client to negotiate. Thus, the factoring agreement does not fulfill the principle of balance and the principle of freedom of contract.
Reconstruction of Fulfilling the Rights of Domestic Helpers in Employment Relations as a Form of Respect for Human Rights Shohib Muslim; Shinta Hadiyantina; Hudriyah Mundzir; Khrisna Hadiwinata; Dina Imam Supaat
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.41214

Abstract

The state guarantees welfare for its people, including domestic servants who are guaranteed constitutional rights. However, in statutory regulations, guarantees for legal protection do not apply to domestic workers who work in the informal sector, while domestic workers who work in the formal sector get guaranteed legal protection, as stated in Law No. 11 of 2020 regarding the employment creation cluster. Techniques implemented in research in the form of presentation of concepts, theories and arguments that are useful in studying and analyzing phenomena that occur based on applicable regulations are called normative juridical techniques. Regulations on employment relations norms that place more importance on economic liberalization are listed in Article 1 paragraph 15 and Article 50, where these articles are also the cause of the legal blurring of norms contained in Article 1 paragraph 3. A domestic worker needs a guarantee of legal protection because he has a weak position. The issue of vague norms (vague of norms) contained in Article 1 paragraph 3 is caused by inconsistencies between Article 1 paragraph 15 and Article 1 paragraph 3 and the article that strengthens it, namely article 50, which should implicitly apply to domestic workers.
Co-Authors Abdul Chalim Abdul Muqit Akhlis Rizza, Muhammad Amrulla, Mohammad Fahrial Ane Fany Novitasari Ari Murtono Arief Fahmi Lubis Asfari Hariz Santoso Asrul Ibrahim Nur Becik Gati Anjari Dina Imam Supaat Fadloli Farida Akbarina Hairus hairus hairus Hudriyah Mundzir Hudriyah Mundzir Kalijunjung Hasibuan Khrisna Hadiwinata Khrisna Hadiwinata Komarudin Achmad Loso Judijanto M. Nanak Zakaria Mirin Primudyastutie Moh. Abdullah Anshori Muktar Muktar Nana Rolina Masloman Nandaru Ramadhan Nurul Hidayatinnisa' Rahman Rahman Retnawati Siregar Rizqi Khoirunnisa Rokiyah Sabil Mokodenseho Sabil Mokodenseho Sahrul Sahrul Sanita Dhakirah Shinta Hadiyantina Sholahuddin Al-Fatih Sri Hudiarini Supena Diansah Tindra Manangin Yaqub Cikusin Yushintia Pramitarini