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Alternatif Penyelesaian Sengketa Lelang Lebak, Lebung dan Sungai di Kabupaten Ogan Ilir Indrajaya Indrajaya
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.909

For a long time, people in several sub-districts of Ogan Ilir Regency who live on the banks of the river have used flooded areas or puddles of water around the river due to river overflow to become one of the sources of PAD in the field of fisheries. Utilization is carried out by conducting auctions in lebak, lebung and rivers which are regulated in the Regent's Regulation on the management of fishery resources. In addition to being the legal basis, this regional regulation also aims to protect the environment in the Lebak, Lebung and river areas from damage caused by fishing by the Manager (the winner of the auction). Managers who do not carry out the management of lebak, lebung and rivers according to the rules may be subject to criminal sanctions or fines. This study aims to find out how the dispute resolution of the lebak lebung auction between the parties in practice is carried out. The problem in this study is how the forms of dispute resolution in the Lebak Lebung auction are carried out by the parties in practice. This type of research is normative legal research using a statutory approach. From the results of the study, it can be concluded that the settlement of disputes between the management committee and the management of lebak lebung and rivers is in practice mostly resolved by deliberation mediated by the village head or local village head, but if no agreement is found then the settlement is through the courts.

Bidang Hukum dalam Sistem Pembiayaan Modal Ventura Indrajaya Indrajaya
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

In reality, the main obstacle for small business actors is related to the problem of providing capital. To overcome this, the Government issued policies in the economic field, one of which was the government policy regarding the establishment of funding institutions as stipulated in the Presidential Regulation. One form of financial institution in question is Venture capital which is regulated in the Minister of finance regulation. As one of the companies engaged in the field of financing services, the approach is not only limited to the economy, but is also needed in the form of law. so that it can be recognized in the business world. Although the agreement is considered as the main legal source of venture capital in civil law, nevertheless, given its role in the field of financing services that many involve the public interest, its existence is also inseparable from the regulation of public law. This study aims to analyze whatever legal fields are involved in the Venture Capital financing system. While the problem in this research is what legal fields apply in the Venture Capital financing system. This research is a normative legal research, using primary legal materials, secondary legal materials and tertiary legal materials. The approach taken is by statute approach and conceptual approach. From the results of the study it can be concluded that the applicable law in the Venture Capital financing system is the field of civil law, specifically regarding the principle of freedom of contract and the provisions of the Civil Code and the field of public law.

Analisis Yuridis Kontrak Pembiayaan Modal Ventura Dengan Pola Bagi Hasil Pada Pelaku Usaha Kecil dan Menengah Indrajaya Indrajaya
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.713

In the business world, capital is an obstacle that is often faced by business actors, especially for small businesses. In order to solve this problem, the government issued regulations related to this problem. Among them through PP No. 9 of 2009 which regulates Financing Institutions and Minister of Finance Regulation No. 18/PMK.010/2012 Regarding Venture Capital Companies. In practice, this company in its capital participation with its business partner company is stated in the form of a written agreement (contract). The purpose of this study was to analyze the contents of the venture capital financing contract with a profit-sharing pattern at PT. South Sumatra SPV. Meanwhile, the problem of this research is how is the financing contract with the profit-sharing pattern applied by PMV with small and medium business actors in South Sumatra. This type of legal research is normative in nature, the legal materials used are primary, secondary and tertiary. It is carried out with a statutory approach and the conclusion of this research is that the financing contract carried out by the parties both formally and materially has fulfilled the legal requirements of a contract as regulated in Article 1320 and Article 1338 of the Civil Code Pdt and made before a Notary and signed by the business partner company and PMV represented by the management, namely the Board of Directors.

Penyelesaian Sengketa Kontrak Modal Ventura Dengan Perusahan Pasangan Usaha (PPU) Indrajaya Indrajaya
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.191

In running their business, what is often the main obstacle for business actors in developing their business is usually related to the provision of capital. In order to overcome this, the Government issued policies in the economic sector, one of which was the issuance of policies regarding Financing Institutions as regulated in Presidential Regulation Number 9 of 2009. Followed up by the Regulation of the Minister of Finance on Venture Capital Companies No. 18 of 2012. As one of the businesses in the financial services sector, its approach is not only in business but also needs to be accompanied by a legal approach (legal approch) so that its existence can be recognized in business traffic. Even though the agreement has been bound in a contract, it is still common for business partner companies to default, and even lead to disputes in court. The purpose of this study is to analyze the settlement of disputes due to default by PPU on the contents of the financing contract between the Venture Capital Company and the PPU. The research method is normative legal research, using primary legal materials, secondary legal materials and tertiary legal materials. The approach is carried out with a statutory approach (statute approach) and a conceptual approach (conceptual approach). From the results of the research it is known that the settlement of disputes due to default by PPU on the contents of the financing contract between the Venture Capital Company and PPU, the settlement of the dispute is carried out by prioritizing non-litigation mechanisms, but if no agreement is reached, the Litigation channel is used.

Penyelesaian Sengketa Pelaksanaan Perjanjian Lelang Sungai di Bidang Perikanan di Kecamatan Tanjung Lago Kabupaten Banyuasin Indrajaya Indrajaya
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.355

In the Civil Code regulates agreement, one type of agreement is an auction, however the object of this auction agreement is not an object or animal, but a river. In areas that have natural resources in the form of rivers, these agreements are often carried out, in practice adapted to local local wisdom. The river auction tradition in Tanjung Lago District, Banyuasin Regency, South Sumatra Province has been going on for a long time and has become a tradition for the local population. However, in practice there are often defaults committed by the parties. The purpose of this study is to determine the settlement of disputes in case of default by the parties. The research method is to look at direct facts that happen in real terms but still by using legal materials in the form of existing regulations and other sources. From the research results it is known that if one of the parties (the village administration and the winner of the auction) defaults, a deliberation between both parties but if it cannot be resolved then legal action can be taken. Meanwhile, if there is a default between the auction winner and the fisherman, the settlement will only be in the form of a warning and loss of trust without any sanctions.

Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika Jumadi Jumadi; Indrajaya Indrajaya
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1096

Abstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself.

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