Muhammad Yadi Harahap
Universitas Islam Negeri Sumatera Utara

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EKSISTENSI ASAS KONSENSUALISME DALAM PERJANJIAN KERJA SAMA BAGI HASIL PERKEBUNAN KELAPA BERDASARKAN KUHPERDATA Purnama Sari; Muhammad Yadi Harahap
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.544

Abstract

An agreement is an agreement between two or more parties. In Article 1320 of the Civil Code, it is stated that the conditions for the validity of an agreement are the existence of an agreement between the binding parties, the ability to make an agreement, a clear object, and a cause that does not conflict with the law. This research aims to ensure that the public understands how the principle of consensualism is applied in cooperation agreements for the production of coconut plantations in Sei Kepayang Village, as well as what the legal view is regarding the implementation of these agreements. The method used in this research is an empirical research method. This research is descriptive qualitative in nature, which aims to provide a comprehensive picture of the legal conditions that apply in society at a certain location and time. The author also conducted interviews with the community in Sei Kepayang village. The results of this research show that the principle of consensualism in the cooperation agreement for the production of coconut plantations is the sei kepayang study, an agreement that has agreed to work on and contain the results for two. However, the agreement for sharing the results of coconut plantations made by the Sei Kepayang Village community is generally implemented orally and is based on trust between the parties involved.
Unlawful Acts as a Result of Payment of Compensation Through Royalty Rights Perpsective of Law Number 28 Year 2014 Copyright Solehah Dhara Ad'ha Br Sianipar; Muhammad Yadi Harahap
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.2.10298.8-14

Abstract

This research focuses on the analysis of compensation through the payment of copyright royalties on music works in the perspective of Law No. 28 of 2014 on Copyright. musical works in the perspective of Law No. 28 of 2014 on Copyright. This research aims to understand how the law regulates the payment of royalties as a form of compensation to music creators and provides protection and compensation to music creators through the provide protection and compensation to music creators through royalty payments and also This research also aims to analyze the study of Decision No. 122/PK/Pdt. Decision Number 122/PK/Pdt.Sus-HKI/2015/PN.Niaga.Jkt.Pst in which there is a case of Royalty Payment Dispute. The verdict is a case of Dispute over Royalty Payments on the Copyright License of Inul Vizta Karaoke VS Yayasan Karya Cipta Indonesia (YKCI) which PT. Vizta Pratama Inul Vizta Karaoke Manado was sentenced to pay royalty compensation to Yayasan Karya Cipta Indoensia in the amount of Rp15,840,000.00 (fifteen million eight hundred forty thousand rupiah). Through the juridical research method normative research method, this research explores the interpretation and implementation of the law in the context of of the law in the context of royalty payments for copyrighted musical works. The results The results of this research are expected to provide a better understanding of the the rights and obligations of the parties in the context of musical copyright and provide recommendations for the improvement and enhancement of copyright protection in And also expected to increase knowledge for readers and provide awareness for the Indonesian people to better appreciate the and also expected to add knowledge for readers and provide awareness for the people of Indonesia to better appreciate the creators of songs or music by paying royalties or music copyright. song or music by paying royalties or no longer pirate, imitating, falsifying, or recognizing as his own creations on the copyright of others or licensees of the copyright of others. copyright of others or the license holder of the creation
Judge's Reasoning Against the Dispensation of Marriage of Minors Due to Pregnancy After the Enactment of Law No. 16 of 2019 (Study of the Pandan Religious Court) Emma Andini; Muhammad Yadi Harahap
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.2.10462.105-111

Abstract

Marriage Dispensation from the Court is a decision in the form of determining a dispensation for prospective male or female brides who have law number 16 of 2019 states that you must not have married before you turn 19 years old. Even if there is a legislation that restricts the minimum age at which one can be married, refer to this potential anomaly as underage marriage. Consequently, if a man and a woman get married before turning 19, it's referred to as underage marriage. The research methodology employed is normative juridical, which involves examining theoretical frameworks, concepts, pertinent statutory rules, and legislative procedures. Judges of the Pandan Religious Court were directly interviewed as part of the data collection process. According to research, the judge will allow the request for marriage dispensation under the legal rationale. Marriage dispensation is the term used to describe when a court permits a prospective husband and wife who are under the age of 19 to get married. To aid in the effective administration of justice, the Chief Justice of the Republic of Indonesia established Regulation of the Supreme Court of the Republic of Indonesia Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Marriage dispensation applications are not clearly and thoroughly governed by statute. This regulation was drafted on November 20, 2019, and it was formally published on November 21 to ensure that everyone in society may read it and abide by it.