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Journal : Visi Sosial Humaniora

TINJAUAN YURIDIS TERHADAP PERJANJIAN YANG DILARANGDALAM UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT YANG DILAKUKAN OLEH PELAKU USAHA KERAMBA JARING APUNGDI HARANGGAOLHORISON KABUPATEN SIMALUNGUN Roida Nababan; Jeremia Saragih
Visi Sosial Humaniora Vol. 1 No. 2 (2020): Visi Sosial Humaniora: Edisi Desember 2020
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v1i2.76

Abstract

This study aims to analyze the forms of agreement prohibited in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition carried out by floating net cage business actors in Haranggaol Horison, Simalungun Regency. This study uses a juridical empirical and normative juridical approach, through field research and literature research to obtain primary data and secondary data. Literature study is carried out on statutory regulations and other literature and field research is carried out by interviewing business actors of floating net cages in Haranggaol Horison, Simalungun Regency. The data obtained were then analyzed using a quantitative approach and described by analytical descriptive. The results of the study concluded that the forms of agreements that are prohibited under Law 5 of 1999 carried out by business actors in Haranggaol Horison include oligopoly, price fixing agreements, oligopsony, and vertical integration. To prevent the form of a prohibited agreement, it is necessary to establish a cooperative for floating net cage fish business actors to supervise business competition, direct and mitigate the impact of unfair business competition.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT PENJUALAN OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN Roida Nababan
Visi Sosial Humaniora Vol. 2 No. 2 (2021): Visi Sosial Humaniora: Edisi Desember 2021
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v2i2.476

Abstract

Based on the discussion, it can be seen that The legal arrangements in the financing agreement with fiduciary guarantees are subject to the Civil Code in accordance with the conditions for the validity of the agreement. Article 1319, Article 1320 and Article 1338 are followed as well as the provisions in Presidential Decree 61 of 1988 concerning Financing Institutions and Presidential Regulation no. 9 of 2009 concerning Financing Institutions. Legal protection for consumers due to the sale of the object of a fiduciary guarantee in a financing agreement is that it must not violate the principle of consumer protection as well as provide legal certainty and provide legal protection for interested parties and guarantees, especially related to consumer rights and the sale of objects that are objects of the fiduciary guarantee agreed by fiduciary giver and receiver. The judge's legal considerations in the Supreme Court of the Republic of Indonesia Number 441 K/Pdt.Sus-BPSK/2019 are the legal relationship between consumers and finance companies, namely financing agreements, so that if one party does not fulfill or violates the agreement, it will result in breach of promise/default and fiduciary installment (car) auction is not a consumer dispute issue.
Perlindungan Hukum Terhadap Pencipta dan Pemegang Hak Cipta Lagu “Lagi Syantik” (Studi Putusan No. 82/Pdt.Sus-HKI/Cipta/2019/PN Niaga Jkt.Pst) Lesson Sihotang; Roida Nababan
Visi Sosial Humaniora Vol. 3 No. 1 (2022): Visi Sosial Humaniora: Edisi Juni 2022
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v3i1.622

Abstract

Copyright is an exclusive right owned by the Creator or Copyright Holder and arises automatically based on a declarative principle consisting of 2 rights, namely economic rights and moral rights. The formulation of the problem is what is the form of legal protection for the author and copyright holder of the song "Lagi Syantik" for changes to lyrics without permission from the copyright holder? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) and what are the dispute resolution efforts that can be taken to protect copyright holders for song copyright infringement? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST). The results of the research is examined based on existing juridical data and facts, the decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) is considered not in accordance with the provisions in Article 9 of Law no. 28 of 2014 concerning Copyright regarding the absence of permission from the Author or Copyright Holder. The Panel of Judges in their decision stated that Gen Halilintar was not guilty of all legal considerations which according to the author in this case were not in line with Law no. 28 of 2014 concerning Copyright. In this case the music label Nagaswara as the Plaintiff has also taken non-litigation routes such as mediation but failed and continued with litigation, namely by filing a lawsuit to the Commercial Court.