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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Sociological Jurisprudence Journal KERTHA WICAKSANA Jurnal Hukum Prasada Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Abdidas Journal Equity of Law and Governance Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Formosa Journal of Multidisciplinary Research (FJMR) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Artificial Intelligence and Digital Business Lex Publica West Science Interdisciplinary Studies Journal of Political And Legal Sovereignty West Science Interdisciplinary Studies International Journal of Law and Society International Journal of Sociology and Law Verdict: Journal of Law Science Community Service Journal of Law
Johannes Ibrahim Kosasih
Universitas Warmadewa
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Legal Protection of Depositors' Funds in The Event of Bank Liquidation Anak Agung Ngurah Bagus Krisna Pratama; Johannes Ibrahim Kosasih; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 10 No. 2 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.2.2023.123-129

Abstract

In general, a bank is a financial intermediary institution generally established with the authority to accept money deposits, lend money, and issue promissory notes or what is known as banknotes, banks in carrying out one of their functions are collecting funds from the public in other words, storing funds in the bank gets the benefit of interest for customers, in this case not all the benefits promised by the bank can be realized the higher the interest it seems that we as customer consumers feel benefited, but in reality there are banks that provide high interest after that the health of their banks decreases so that it has an impact on customer consumers on their savings at the bank. The formulation of the problems raised in this study are 1). What are the consequences or legal consequences for banks in the placement of funds that are not in accordance with the LPS policy in the event that the bank is not healthy? 2). How is the legal protection of depositors in the event that the bank is liquidated by LPS? This research uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, relevant laws and regulations, relevant court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of satisfaction, the theory of legal certainty and the theory of legal protection. The conclusion of this research is to provide protection to customers if they save funds in banks that are determined to be unhealthy by the Deposit Insurance Corporation so that customers feel safe if they want to save their funds in the banking world.
LAWSUIT FOR UNLAWFUL ACTS OF EXECUTION OF FIDUCIARY GUARANTEES IN LEASE ACTIVITIES Johannes Ibrahim Kosasih
Journal Equity of Law and Governance Vol. 1 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.1.2.3940.109-118

Abstract

Constitutional Court Decision No. 18/PUU-XVII/2019 dated January 6, 2020, caused a polemic in practice, both among legal experts and business people. The Panel of Judges of the Constitutional Court (MK) made a phenomenal decision which abolished the institution for the execution of guarantees listed in Article 15 paragraphs (2) and (3) of Law Number: 42 of 1999 concerning Fiduciary Guarantees or known as parate executions. Parate Execution is a preferential right for the lessor in financing leasing in the event that the lessee commits an act of default. The decision of the Constitutional Court (MK) stated that the lessor's action was declared as an unlawful act on the execution of the guarantee stated in the fiduciary guarantee law. The aims of this research are to examine the (1) unlawful acts in contractual relationships in leasing activities and (2) the decision of the Constitutional Court (MK) No 18/PUU-XVIII/2019 on the re-interpretation of the constitutionality of Article 15 paragraph (2) on the phrase “executory power” and “same as a court decision that has obtained permanent legal force”. This research is normative juridical with a conceptual approach, legislation and cases. The findings in the study explained that the panel of judges considered that the lessor’s action in withdrawing collateral that legally still belongs to the lessor given based on the principle of trust (fiduciary) is an act against the law and ignores the contractual relationship that occurs between the parties.
PRUDENTIAL BANKING PRINCIPLES CONCEPTION IN BANK PICK UP SERVICE CASH SERVICE AGREEMENT IN AN EFFORT TO PROTECT CUSTOMERS BASED ON LEGAL CERTAINTY I Made Aditya Mantara Putra; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.1.9449.63-75

Abstract

In the modern world, the role of banking in the economic progress of a country is very large. Almost all sectors related to various financial activities must always require bank services. One of the services offered by the bank is the cash pick up service. In practice, this cash pick up service not only provides convenience to customers, but can be used by certain individuals to commit crimes. This study aims to find solutions and solutions to the vagueness of norms in Article 20A of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector Jo. Law Number 10 of 1998 concerning Banking as well as seeking legal certainty and providing comprehensive protection for the parties involved. The formulation of the problems raised are: 1. What is the philosophical basis for regulating customer transactions in cash pick up service by banks in positive law in Indonesia?; 2. What is the concept of customer protection in transactions through cash pick up service based on the bank's prudential principle as a manifestation of legal certainty?; 3. What is the pickup service cash agreement model that accommodates the bank's prudential principles in an effort to reduce risk and provide protection for parties based on legal certainty in the future? The research method used is normative legal research with the type of statutory approach, conceptual approach, case approach and philosophical approach. The results showed that the philosophical basis for regulating customer transactions in cash pick up service by banks is based on trust, bank prudential principles, and legal certainty. The concept of protection for customers in transactions through cash pick up service reflects the concepts of bank prudence, fairness, transparency, privacy, complaint resolution, trust and legal certainty. A cash pick up service agreement model that accommodates the bank's prudential principles in an effort to reduce risk through the formulation of clauses containing the principles of prudence, risk management, force majeure, legal certainty, cash service specifications, operational provisions, responsibilities, dispute resolution, cash ownership, confidentiality, duration, and closing.
LEGAL PROTECTION FOR OUTSOURCED WORKERS IN WAGES IN COMPANIES IN INDONESIA Kadek Apriliani; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih; I Wayan Gde Wiryawan
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.1.9452.24-33

Abstract

Regarding the wage system for outsourced workers in companies in Indonesia, it has not been clearly regulated in Indonesian laws and regulations (Empty Norms), meaning that there is no law that specifically regulates wages for outsourced workers, so there is a need for legal protection for wages of outsourced workers. Based on these problems, the legal issues raised in this research are to analyze (1) the philosophical basis for regulating wages for outsourced workers, (2) the form of legal protection for the wages of outsourced workers in companies in Indonesia, (3) the legal construction of the wage model for outsourced workers. power in companies in Indonesia. The research method used is the normative legal research method. The results of the research show that (1) the philosophical basis for regulating wages for outsourced workers is to show that the state must protect every citizen for the sake of realizing general welfare as stated in paragraph 4 of the preamble to the 1945 Constitution of the Republic of Indonesia. (2) the form of legal protection for the wages of outsourced workers Companies in Indonesia must comply with the rights and obligations of workers, where it is clear that the laws and regulations regulate workers' wages in accordance with the Provincial Minimum Wage (referred to as UMP) The form of protection that can be given to transferred workers if there is a dispute between the worker and the outsourcing company is preventive legal protection and representative legal protection, both non-litigation and litigation. (3) the legal construction of the wage model for outsourced workers in companies in Indonesia aims to provide legal protection for outsourced workers and to resolve empty norms in Law of the Republic of Indonesia Number 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law. The empty norms occur because Article 88 which regulates wages does not clearly regulate the wages of outsourced workers.
RECONSTRUCTION OF BPHTB PAYMENT ARRANGEMENTS IN THE PROCESS OF BUYING AND BUYING RIGHTS TO LAND AND/OR BUILDINGS LINKED TO THE AUTHENTICITY OF PPAT DEEDS R.A. Nanik Priatini; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih; I Nyoman Alit Puspadma
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.1.9454.85-94

Abstract

The problem that arises in this research is related to when Acquisition Duty of Right on Land and Building (BPHTB) payments occur and is related to the validity of the sale and purchase deed made by Lande Deed Officials (PPAT), which in this case is a problem, namely that there is a conflict of norms between Article 90 and Article 91 paragraph (1) of Regional Taxes and Regional Levies () Law. Based on these conditions, the legal issues raised are to examine and analyze (1) the philosophical basis of BPHTB in the process of buying and selling rights to land and/or buildings; (2) legal norms governing BPHTB payments in the process of buying and selling rights to land and/or buildings; and (3) reconstruction of BPHTB payment arrangements in the process of buying and selling rights to land and/or buildings legally. The research method used is the normative legal research method. The results of the research show that (1) The philosophical basis of BPHTB in the process of buying and selling rights to land and/or buildings is Pancasila and the 1945 Constitution of the Republic of Indonesia. The further philosophical basis is explicitly according to the General Explanation of the PDRD Law intended to encourage regional revenues and increase the effectiveness of BPHTB payments. Therefore, buyers of land rights are required to pay BPHTB first before a sale and purchase deed is drawn up by PPAT; (2) The legal norms governing BPHTB payments in the process of transferring rights to land and/or buildings through buying and selling are contained in Article 90 paragraph (1) letter a of the PDRD Law which conflicts with the norms of Article 91 paragraph (1) of the PDRD Law. The norm in Article 90 paragraph (1) letter a of the PDRD Law determines when the tax payable will be due to buyers of land rights. Meanwhile, Article 91 paragraph (1) of the PDRD Law requires buyers to pay BPHTB tax first before signing the sale and purchase deed before the PPAT. This is intended so that buyers comply with their obligations to pay BPHTB tax and to degrade the PPAT deed if it is signed before paying BPHTB tax, and (3) Reconstruction of BPHTB payment arrangements in the process of buying and selling rights to land and/or buildings legally can be carried out by amending the provisions of Article 91 paragraph (1) of the PDRD Law which allows buyers to have a sale and purchase deed made by PPAT, but PPAT is obliged to ensure that the buyer obediently pay BPHTB taxes. Novelty from the research is the reconstruction of Article 91 of the PDRD Law so that it is in accordance with Article 90 of the PDRD Law.
CONSTRUCTION OF THE EXECUTION ARRANGEMENTS OF LABOR RELATIONS COURT DECISIONS ON TERMINATION OF EMPLOYMENT RELATIONS IN THE TOURISM ACCOMMODATION FIELD BASED ON LEGAL PROTECTION Ryan Soma; I Nyoman Putu Budiartha; Johannes Ibrahim Kosasih
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.1.9455.95-107

Abstract

This means that there is no law, including the PPHI Law, which specifically regulates the execution of Labor Relations Dispute decisions. As a result, workers affected by layoffs are not guaranteed legal protection with regard to the application of Labor Relations Dispute Decisions (also known as PHI Decisions) in layoff disputes. Instead, it is currently unregulated (empty norms). Based on these conditions, the legal issues raised in this research are to analyze (1) the nature of the execution of PHI decisions in layoffs at Tourism Accommodation Companies; (2) The usefulness and legal certainty of executing PHI decisions for workers at Tourism Accommodation Companies; and (3) construction of arrangements for the execution of PHI decisions to offer defense against layoffs at lodging and tourism businesses. Normative legal research is the methodology employed in this study. The research findings indicate that (1) Ensuring the protection of workers' fundamental rights, as well as equal treatment and opportunity without discrimination based on any basis, is crucial to carrying out PHI decisions related to layoffs at tourism accommodation companies. This is done while keeping an eye on advancements and ensuring the welfare of workers and their families. the business world, especially the tourism accommodation business; (2) The usefulness and legal certainty of the execution of PHI decisions for workers at Tourism Accommodation Companies which have permanent legal force must be able to provide benefits for workers who have been laid off so that the decision does not cause unrest and chaos in the lives of people seeking justice, especially groups of workers who were laid-off. The execution of PHI decisions does not yet have legal certainty because the company as the defeated party generally does not carry out the contents of the decision voluntarily. Apart from that, the execution norms have not yet been regulated; and (3) Construction of arrangements for the execution of PHI decisions to provide legal protection in the layoff process at Tourism Accommodation Companies is carried out in accordance with Article 57 of the PPHI Law to complete the empty norms in the PPHI Law. The empty norms are due to Article 57 of the PPHI Law which refers to the absence of civil procedural law, especially regarding the execution of PHI decisions.
Perjanjian Oligopoli dan Asas Keseimbangan dalam Persaingan Usaha Berdasarkan Undang-Undang Nomor 5 Tahun 1999 BUSINESS COMPETITION BASED ON LAW NUMBER 5 OF 1999 Gede Darwis Triadi; Johannes Ibrahim Kosasih; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2140.103-108

Abstract

An oligopoly agreement is a form of agreement in which business actors own all kinds of objects and activities. The existence of this agreement requires a principle of balance in doing business in protecting others in carrying out quality and balanced economic enterprises based on applicable regulations. The purpose of this study is to determine the principle of balance that must be carried out against sellers in relation to the existing regulations, knowing the practice of the oligopoly agreement associated with Law Number 5 Year 1999, knowing Law No. 5 of 1999, and efforts to anticipate the occurrence of Oligopoly agreement practices and accommodate the principle of balance. The method used in this research is normative legal research. The results show that the principle of balance between business actors is associated with the enforcement of Law Number 5 of 1999, namely Protecting small businesses, maintaining healthy competition, and economic efficiency. Meanwhile, the practice of oligopoly agreements has a huge impact on consumer losses and among business actors, and in article 4 of law number 5 of 1999, oligopoly agreements are prohibited if they can harm competition. So that the anticipation efforts that can be made against the traffickers with a system of compliance and implementation of obligations as well as managing a relationship with the provider of the spreader and the user which must agree with the regulations.
Wanprestasi dalam Perjanjian Kredit pada Lembaga Perkreditan Desa (LPD) di Desa Bebetin Kecamatan Sawan Kabupaten Buleleng Kadek Dwinta Pradnyasari; Johannes Ibrahim Kosasih; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3210.223-227

Abstract

Agreement is the most important source that gives birth to the engagement. One form of engagement in the sources of the agreement is the extension of credit from the bank. This research uses empirical legal research type, data collection techniques in this study using field research. The procedure for granting credit consists of several stages, namely the credit application stage, the location survey stage for prospective debtors, the analysis stage, the decision-making stage, and the credit disbursement stage. The results of the analysis found that the factors that cause default are internal factors and external factors. Internal factors are caused by debtors who are not credible and also unstable economic factors in the midst of the Covid-19 pandemic which caused debtors to be unable to pay arrears in the LPD. External factors from the LPD take a persuasive approach to further handling problematic debtors. The purpose of this study is the procedure for granting credit and binding credit agreements carried out in the LPD Desa Pakraman Bebetin, Sawan District, Buleleng Regency, how are the factors that cause default in LPD Desa Pakraman Bebetin, District of Sawan, District of Buleleng.
Pertanggungjawaban Bank Terhadap Nasabah yang Menjadi Korban Kejahatan yang Dilakukan Oleh Oknum Internal Bank I Putu Wiradharma Putra Yudha; Johannes Ibrahim Kosasih; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.3.3624.505-509

Abstract

Banks are the only financial institutions that are trusted by the people who play a role in the economy, so that in their activities there are elements of stakeholders who commit acts against the law in the banking world. This study aims to analyze crimes committed by internal bank employees and reveal legal liability to the bank if there are crimes committed by internal elements or bank employees. This study uses normative legal research with a statutory approach and a conceptual approach. The data used are primary and secondary data obtained through recording and documentation techniques, then the data processed and analyzed will be processed and analyzed using a systematic legal material processing method. The results of the study stated that in banking there are two types of violations, namely banking crimes and crimes in banking. In relation to crimes in the banking sector, Law no. 7/1992 as amended by Law No.10/1998 on banking. Accountability cannot be borne by the bank as a corporation, but this burden is imposed or carried out by way of the debtor to individuals who commit crimes in the banking sector.
Perlindungan Konsumen Terhadap Penipuan yang dilakukan Broker Forex Ilegal I Made Aswin Ksamawantara; Johannes Ibrahim Kosasih; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.2.3426.281-286

Abstract

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.
Co-Authors AA Ngr Mayun Narindra Anak Agung Istri Agung Anak Agung Ngurah Bagus Krisna Pratama Anak Agung Sagung Laksmani Dewi Arini, Desak Gde Dwi Budiartha, Nyoman Putu Desak Gde Dwi Arini Dewi, A.A Sagung Laksmi Dewi, Ni Luh Gde Cindy Listya Dwi Purnawan Dodik Saputra Feranika Anggasari Jayanti Gede Darwis Triadi Gianyar, I Made I Gusti Bagus Suryawan I Ketut Selamet I Ketut Widia I Made Aditya Mantara Putra I Made Arjaya I Made Arnawa I Made Arnawa I Made Aswin Ksamawantara I Made Minggu Widyantara I Nyoman Alit Puspadma I Nyoman Alit Puspadma I Nyoman Mahendra Guna I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Putu Wiradharma Putra Yudha I Wayan Gde Wiryawan I Wayan Gde Wiryawan I Wayan Kartika Jaya Utama I Wayan Suryadi, Yohanes I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara Ida Bagus Dwi Jusarata Kadek Apriliani Kadek Apriliani Kadek Dwinta Pradnyasari Komang Sutriani Mahaputra, I. B. Gd. Agustya Mahendra Wati, Ni Luh Made Ni Kadek Bella Kurnia Agustini Ni Komang Arini Styawati Ni Luh Putu Sri Laksemi Dharmapadmi Ni Made Puspasutari Ujianti Ni Nyoman Putri Purnama Santhi Putri, Made Dhea Mulya Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman R.A. Nanik Priatini R.A. Nanik Priatini Ryan Soma Ryan Soma SARI, Ni Made Arnita Selamet, I Ketut Sumardika, I Nyoman Wijaya, I Kadek Merta