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All Journal DE JURE Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta JURNAL HUKUM dan KENOTARIATAN Risalah Hukum International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat RechtIdee IIJSE Jurnal Hukum dan Pembangunan Asian Journal of Management, Entrepreneurship and Social Science
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Fakultas Hukum Universitas Brawijaya
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Regulation of Maturity Based on Marriage Law in Indonesia: A Perspective on Legal Benefits Novitasari, Ane Fany; Thohir Luth; Djumikasih, Djumikasih; Nur Chanifah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 3 (2023): IJHESS DECEMBER 2023
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i3.747

Abstract

The level of maturity is a reference that a person is capable of carrying out a marriage. Facts in the field show that there are cases of divorce carried out by couples who have met the age requirements. Reaching the minimum age of maturity in marriage is not enough to conclude that a person is mature. In Marriage Law Number 16 of 2019, only the minimum age limit for marriage is explained or it can be explicitly said that a person is an adult it was 19 years old. Meanwhile, you should also consider the emotional maturity of the person. So it is necessary to clarify the oncept of maturity in marriage law in Indonesia. The aim of this research is to examine maturity regulations based on the Marriage Law in Indonesia. This research is normative legal research with a philosophical approach, a statutory approach and a conceptual approach. The techniques used to analyze legal materials are survey, question, read, recite/recal, review using deductive thinking. The results of the analysis show that maturity plays a major role in the success or failure of a relationship, maturity influences a person's ability to truly commit to a lifelong relationship and understand that commitment means giving up all other partner options. Maturity impacts a person's ability to understand concepts and apply the skills necessary to form and maintain healthy relationships. This can be used as a consideration in legal reform in order to create responsive and progressive legal rules.
Akibat Hukum Pengangkatan Pembina Yayasan oleh Pengurus dan Pengawas yang sudah Berakhir Masa Jabatannya Nusa, Luh Putu Ayu Meilina Melati Putri; Djumikasih, Djumikasih; Widhiawati, Dyah
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 8, No 2 (2023): Juli 2023
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v8i2p136-146

Abstract

The aim of writing the article is to discuss the legal consequences of appointing foundation supervisors by administrators and supervisors whose terms of office have ended. This study is socio legal research using a socio-legal approach. Data collection techniques used interviews and documentation studies, data analysis used qualitative descriptive analysis. The management and supervisors who appointed the supervisors have had their term of office expired so they do not have the authority to make the appointment. The legal consequences that occur are that the position is invalid, the supervisor does not have authority, the legal action taken is invalid, can be sued if someone is harmed, the meeting decision statement is not an authentic deed, personally responsible if there is loss. The appointment of supervisors is in accordance with organ theory, namely that the appointment of supervisors is necessary because they are the highest organ in the foundation and have an important role in making various decisions. Appointment is contrary to the theory of attributive authority and legal certainty. The issuance of a Decree from the Ministry of Law and Human Rights is the reason to justify the validity of the appointment of foundation supervisors. Abstrak: Artikel ini bertujuan memb
Legal Protection of Creditors of Fiduciary Guarantee Holders for the Transfer of Fiduciary Guarantee Objects by Debtors Redanti, Maya; Kusuma Dewi , Amelia Sri; Djumikasih
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.339

Abstract

The transfer of fiduciary collateral objects by debtors without creditor approval is increasingly common due to the weakening economic conditions of debtors. This study aims to examine the legal protection for creditors holding fiduciary collateral against the transfer of collateral objects by debtors. The research method used is socio-legal research. The study finds a misalignment between existing laws and these legal events, leading to sanctions and criminal threats for debtors in breach. Creditors have the right to file lawsuits in the District Court against debtors for actions detrimental to the creditors. The study concludes that legal protection for creditors in fiduciary collateral transfer cases by debtors needs enhancement, both through regulatory improvements and by increasing the capacity of law enforcement to handle such cases.
The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam
Brawijaya Law Journal Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.09

Abstract

This study is legal research aiming to find out the essence of Divine Principles in Indonesian Contract Law from the review of the Natural Law theory, the Sunt-Servanda theory, the Awareness and Legal Obedience Grundnorm theory, and Truth theory. This research reveals that the Divine Principle's essence is the most fundamental principle or guideline derived from God but exists in humans, aiming to find the truth and regulate the parties in making agreements. The application of the Divine Principle aims to find the truth and regulate the parties in the agreement's field.  Indonesian citizens could realize and practice the Precepts of Godhead in their agreement activities. In establishing the agreement, the parties are applying the teachings of their respective religions. This study reveals that the Divine principle needs to be incorporated into one of the upcoming National Agreement Laws principles, especially in the contract born because of the agreement. This study maintains that the divine principle can be applied comprehensively for Indonesian citizens who are parties to the agreement, not only limited to the Indonesian Muslim citizens.
Law Concept related to Limitation Freedom of Contract Marriage Agreement in Indonesia Liora, Noela; Djumikasih, Djumikasih; Dwi Qurbani, Indah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1171

Abstract

In this thesis, the author analyzes the legal obscurity of the limitations on the contents of Marriagel Agreement, which of course has an impact on legal certainty itself, especially regarding the parties' freedom of contract. This is because there is no further explanation regarding the words law, religion and morality in Article 29 paragraph 2 of the Marriage Law, so that if they are defined generally, according to the opinion of experts, they certainly have different meanings. The different meanings of several experts have an impact on the public's lack of understanding regarding these boundaries. Based on this obscurity, the author formulates a problem formulations, what is the ideal concept of setting limits on freedom of contract marriage agreement in indonesia?. The research method used in writing this thesis uses conceptual approach, statute approach and comparative approach by making a comparison with California. Using this method, it can be concluded that Regulations related to marriage agreements need to be amended regarding the regulation of limitations on the contents of marriage agreements, because there have been cases due to the extensive limitations on the contents of marriage agreements in Indonesia which have created uncertainty regarding marriage agreements. There are several concepts for changes in the regulation of marriage agreements in Indonesia, namely the existence of special regulations, the distinction between prenuptial agreements and marriage agreements, and the creation of details related to limitations.
Effectiveness Of Article 42 Sentence (1) Uu No. 6 Of 2023 On The Creation Of Work Regarding The Implementation Of The Basis Of Legal Certainty In The Mortgage Agreement By The Banks With The Act Of Binding Agreement Of Sale And Purchase Faisal Muhammad, Faisal Muhammad; Djumikasih, Djumikasih; Widhiawati, Diah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1374

Abstract

PT Bank Tabungan Negara (Persero) Tbk (Bank BTN) is a State-Owned Enterprise (BUMN) which operates in the banking sector, committed to being a bank that serves and supports housing sector financing. The mission carried out by Bank BTN is to actively support the government in advancing the welfare of the Indonesian people through home ownership and realizing the life that millions of Indonesians dream of through providing decent homes. One type of credit that is still in demand and needed by the public is KPR (Home Ownership Credit). Bank BTN as a bank that focuses on housing financing certainly fully supports the One Million Houses Program launched by the government. It is proven that currently Bank BTN is a bank with market share The largest Home Ownership Credit (KPR) in Indonesia. In order to improve and optimize services to the community with the development of the KPR business and support Bank operations both in terms of business processes and maintaining document quality, there are conditions where it is not possible to make a Sale and Purchase Deed (AJB) so that a temporary binding agreement is needed, namely a Sale and Purchase Agreement ( PPJB). This research aims to determine the implementation of KPR agreements by Bank BTN with sale and purchase binding deeds (PPJB) according to Article 42 paragraph (1) of Law no. 6 of 2023 concerning Job Creation at Bank BTN Kediri. This type of research is empirical juridical legal research and the specifications in this research are descriptive. The source and type of data in this research is primary data obtained from field studies in the form of interviews with Bank BTN Kediri employees. And secondary data was obtained from literature studies related to the theory of legal certainty. The results of this research are that the implementation of the KPR agreement by Bank BTN with the PPJB deed based on Article 42 paragraph (1) of the Job Creation Law does not fully meet the requirements stipulated in Article 42 paragraph (2) of the Job Creation Law.
Legal Protection for Creditors Who Recipient of Motor Vehicle Fiduciaries After Constitutional Court Decision Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021 (Study at BRI Finance Malang Branch) Ahmad Shoifi; Djumikasih, Djumikasih; Laila, Fathul
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1375

Abstract

Fiduciary is a material guarantee which is a development of other material guarantees, namely Pawning. This development is a living need in society because pawning collateral which requires control of the pledged collateral object by the creditor is felt to be less supportive of business because the debtor cannot benefit from the collateral object so material collateral is needed which is more beneficial for the debtor but also the creditor's interests can still be protected. Execution of fiduciary guarantees can be carried out in accordance with article 29 UUJF, namely if the debtor or fiduciary person breaks his promise, the execution of the object that is the object of fiduciary guarantee point 1 above is the priority given by the material guarantee institution which is referred to as Parate execution, which is regulated in Article 15 paragraph (3) of the Fiduciary Guarantee Law (hereinafter abbreviated to "UUJF") which states that "If the debtor breaks his promise, the fiduciary recipient has the right to sell the object that is the object of the fiduciary guarantee under his own authority." The research method used is the Socio Legal Research Method or commonly used as empirical juridical research. Empirical legal research, namely data obtained directly from the community as the first source through field research. The research location is at the BRI Finance Malang Branch Office which is one of BRI's subsidiary entities which operates in the financing sector located in Malang City. One of the financing products from BRI Finance is Multipurpose Motor Vehicle Ownership Credit where the collateral is a motor vehicle tied to the institution fiduciary material guarantee. The results of the research show that the execution of credit collateral in the form of a motor vehicle tied to a fiduciary with the Constitutional Court decision Number 18/PUU/XVII/2019 which is confirmed by the Constitutional Court decision No.2/PUU-XIX/2021 becomes weaker because the creditor's preference rights are limited. The institution granted fiduciary material guarantees in the form of an execution parate cannot be carried out unilaterally because it must obtain the debtor's approval regarding the element of breach of contract/default and also the voluntary handover of fiduciary objects
The Urgency of Signature Affixation on the Minutes for Persons with Physical Disabilities as Auction Buyers Suci Risma Deta; Djumikasih, Djumikasih; Endang Sri Kawuryan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1404

Abstract

This research aims to analyze the urgency and mechanisms for affixing signatures on auction minutes, particularly for individuals with physical disabilities or limb impairments (physical disabilities) acting as auction buyerss. In the context of Indonesian law, auction minutes constitute an authentic deed requiring a signature as a legal validity condition that grants it full evidentiary strength. However, individuals with limb impairments who may have physical limitations in affixing conventional signatures face challenges in fulfilling this requirement. Therefore, legal reconstruction is crucial to provide alternative valid signatures for individuals with disabilities, such as fingerprints or electronic signatures. This research employs a normative juridical method, referring to relevant legislation and a conceptual approach to analyze legal principles and justice in fulfilling the rights of persons with disabilities. The findings indicate that affixing signatures on auction minutes for individuals with limb impairments is of high urgency to ensure legal certainty and validity. The regulation of alternative valid signatures will ensure that the rights of persons with disabilities are upheld in the legal auction process. Thus, regulatory changes to provide equal access for persons with disabilities in authentic deed transactions are essential for inclusive legal justice and certainty.
Analysis of the Application of Article 18 of the Consumer Protection Law in Tourism Services Chusnida, Nabilah; Widyanti, Yenny Eta; Djumikasih, Djumikasih
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.447

Abstract

The focus of this research is to reveal the extent to which the provisions of Article 18 UUPK have been implemented by tourism businesses to protect consumer rights and security. The research method uses an empirical sociological approach which uses field data as the main data source, such as the results of interviews, observations and documentation. The results provide a comprehensive picture of the practice of implementing Article 18 UUPK in the tourism services sector. These findings involve evaluating the transparency of information, security, and quality of services provided to consumers. That the main obstacles and challenges lie in human resources, and the factor of lack of awareness on the part of tourism actors. It is hoped that this in-depth study can contribute to improving policies and implementation of Article 18 UUPK, as well as increasing consumer protection in the context of tourism services.
Reformulation of Digital Market Regulations Against Indications of Monopolistic Practices in the Digital Spaces (Indonesian Perspective) Muliani, Alisya; Sukarmi, Sukarmi; Djumikasih, Djumikasih
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.487

Abstract

This research aims to analyze indications of monopolistic practices in the digital space and find formulations for digital market regulation to create a fairer digital ecosystem. Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition does not yet specifically regulate the prohibition of monopolistic practices and unfair business competition in the digital space, so the incompleteness of this regulation needs to be investigated further. This research was conducted using a normative juridical approach. The results of this research show that indications of monopolistic practices in the digital space are related to the unclear categories of business actors who sell at a loss in e-commerce and the combination of social media and e-commerce. Based on these weaknesses, the author obtains a formulation based on the Digital Markets Act regulations in the European Union which creates "gatekeepers" in the digital economy to create a healthy market.
Co-Authors Abdul Rachmad Budiono Afifah Kusumadara Ahmad Shoifi Anandita, Azzavira Salsa Ane Fany Novitasari Ane Fany Novitasari Anggita Tridiani Sirait Baiq Tiffani Yunita Budi Santoso Chusnida, Nabilah Dwi Qurbani, Indah Dyah Widhiawati Elmaila, Izzah Endang Sri Kawuryan FADLI, MOH Faisal Muhammad, Faisal Muhammad Fathul Laila Fathul Laila, Fathul Herlindah Herlindah Hidayat, Fitri I Nyoman Nurjaya I Nyoman Nurjaya Imam Koeswahyono Imam Koeswahyono Imam Koeswahyono Indri Puspitasari, Indri Kusuma Dewi , Amelia Sri Lely Sulthoniah Leony Sutanto, Christanty Liora, Noela Luth, Thohir Manap, Norhoneydayatie Abdul Melati Putri Nusa, Luh Putu Ayu Meilina Miftahus Sholehudin Muhamad Fajar Ramadhan, Muhamad Fajar Muhammad Azmi Khoirurrijal Muliani, Alisya Natasha Graciela Hastika Nur Chanifah Nusa, Luh Putu Ayu Meilina Melati Putri Rachmi Sulistyarini Redanti, Maya Rino Arief Rachman Rosyida Tri Yunita Samuel Fajar Hotmangara Tua Siahaan Shrimanti Indira Pratiwi Shrimanti Indira Pratiwi Sihabudin SIHABUDIN Suci Risma Deta Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Syaid, Ishma Safira Tata PELITA Thohir Luth Trie Sulistiowarni Widhiawati, Diah Widhiawati, Dyah Widyanti, Yeni Eta wijaya, Sevi Puri Yenny Eta Widyanti Zees, Rizky Fauzi R