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MUHAMMAD TAUFIQ

Sekolah Pascasarjana Universitas Djuanda

Author-ID : 4022363

Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS KASUS PEMBOBOLAN REKENING PADA BANK MANDIRI ISTIQLALIYAH TRI UTAMI; MUHAMMAD TAUFIQ
JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The identifications of this research are: 1) How did the customer's account break into the Depok Branch of Bank Mandiri ?; 2) What is the bank's responsibility towards the customer who is a victim of a Bank Mandiri Depok branch burglary? The research method used in this study is a normative juridical approach, namely law is conceived as a norm, rule, principle or dogmas / jurisprudence. The results of this study are: The form of corporate responsibility according to the law in an effort to provide protection for customers who have suffered losses on funds in their accounts can be done in non-litigation and litigation. Non-litigation reports to Indonesian banking mediation institutions, while litigation is through the court. Suggestions for this research, namely: 1) There needs to be a guarantee that means for customers who have entrusted their funds to banks; 2) The government must pay more attention to the activities of banks, especially for Bank Indonesia as a supervisor and supervisor of banking activities so that in this case the bank is more responsible.

ANALISIS YURIDIS ATAS PEMBATALAN PERBUATAN HUKUM DEBITUR PAILIT (ACTIO PAULINA) DIKAITKAN DENGAN PERAN DAN FUNGSI KURATOR Robert Manullang; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The study referred to Verdict No. 1/ Actio Paulina/ 2011/ Commercial District Court of Makassar. The object of this research is to analyze the legal implications of the cancellation of legal deeds of Debtors who have been declared bankrupt and know the authority of the Curator in performing its functions and roles after the decision of bankruptcy stipulated by the court. The research method used is normative with secondary data as a data source, which analyzed qualitatively and the results are presented descriptively. The results shows the creation of legal certainty in Article 41 paragraph (1) Law Number 37 Year 2004 about Bankruptcy and Suspension of Debt Payment Liability. Moreover, it also implies to the bankrupt assets itself, to refund the money back to its original state and to be in the control of the Curator for later handling and/ or ordering of bankrupt property. In performing its functions and roles, curator’s authority is enormous. Therefore, there will be provisions on the obligations of the Curator to report all activities and policies issued to Supervisors in the future.

PERLINDUNGAN KONSUMEN ATAS BARANG YANG TIDAK SESUAI DENGAN PERJANJIAN DALAM PERDAGANGAN ELEKTRONIK DIKAITKAN DENGAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK Herlin Setiani; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The purpose of this study are: 1) To know and analyze the legal protection of consumers on goods that are not in accordance with the agreement in electronic commerce and 2) the responsibility of business actors in providing compensation for goods that are not in accordance with the agreement in electronic commerce . The research method used is normative juridical research that performs a qualitative approach that sees and analyzes the legal norms in the existing legislation. The results are: 1) Consumer protection of goods is not in accordance with the agreement in electronic commerce, which can be carried out by filing a default, for legal reasons not fulfilled the obligations of business actors in the electronic agreement. The non-fulfillment of this obligation means that there has been a violation of the rights of the other party (the buyer) and the legal consequence is causing the loss, 2) The responsibility of business actors in giving compensation for goods not in accordance with the agreement in electronic trading has not been regulated specifically in UUPK and UU ITE, but principally business actors may be held liable in electronic transactions through contractual liability relating to the loss suffered by consumers.

ASAS FIDUCIARY SKILL AND CARE DALAM PENGELOLAAN BUMD GUNA MEWUJUDKAN GOOD CORPORATE GOVERNANCE Agus Suhendra; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

One of the problems in the management and development of BUMD is that the legal aspects of regulation of BUMD do not specifically provide direction and guidance in the management of a business owned by the region. The identification of this research are: 1) How is the application of the fiduciary skill and care principles in the management of BUMD to realize the principles of good corporate governance? 2) What are the obstacles faced in applying the principle of fiduciary skills and care in the management of BUMD to realize the principles of good corporate governance? The research method used in this study is a normative juridical approach. The results of this study are: 1) In the management and representation of the company, the Board of Directors in carrying out actions or actions that violate the authority limit or something that has been stipulated in the articles of association, can be held accountable. BUMD, namely: unclear legal status and organizational structure of BUMD, BUMD is not managed by the principles of good corporate governance as a result of too large or dominant regional government interference in the company's operations.

OPTIMALISASI BADAN PENYELESAIAN SENGKETA KONSUMEN TERHADAP SENGKETA PINJAMAN KREDIT KENDARAAN BERMOTOR DI WILAYAH BOGOR BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN Edy Sanjaya Lase; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The purpose of this study are to find out and analyze the optimization of the Consumer Dispute Settlement Agency against disputes in motor vehicle credit loans in the Bogor region based on Law Number 8 of 1999 concerning Consumer Protection, and also the inhibiting factor in the optimization of BPSK against disputes in motor vehicle loan loans. The research method used in this study is normative juridical research that takes a qualitative approach. The results of this study are: the role of BPSK on disputes over motor vehicle credit loans is not optimal, it is necessary to optimize efforts for BPSK to become a fast, inexpensive and fair consumer-focused settlement institution outside the court. The inhibiting factor is the optimization of the Bogor City BPSK and Bogor Regency against disputes on motorized vehicle loans, including legislation and resources. BPSK is shackled by very complex regulations in the UUPK, even some UUPK articles actually contradict each other. Resource constraints include human resources, infrastructure and budgeting.

Co-Authors Agus Suhendra Edy Sanjaya Lase Herlin Setiani ISTIQLALIYAH TRI UTAMI Robert Manullang

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