Claim Missing Document
Check
Articles

Found 6 Documents
Search
Journal : journal of development research

The Legal Dynamics of Aru Fisherman in Improving Catch Welfare and Competition with Vessels from Outside Maluku Irma Mangar; Asri Elies Alamanda; Hanin Alya’ Labibah
Journal of Development Research Vol. 7 No. 1 (2023): Volume 7, Number 1, May 2023
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v7i1.306

Abstract

The identification of transnational crimes is crucial not only because of the increasing cases of illegal fishing in Indonesia, which involve legal issues from other countries and call for effective law enforcement. concentrate on the welfare of catches produced by local Aru Islands fishermen. The descriptive analysis method is the research methodology used. By using a normative legal approach, data collection strategies use literature studies and documentary studies while the type of research used is qualitative research with primary and secondary data sources. The findings of this study are throughout 2017 until now the government has made efforts as much as possible on the fate of marine and local fishermen in the people of the Aru Islands district, seeing that all policies regarding the regulation of regional maritime boundaries no longer include the authority of the regional government but the duties and responsibilities of the Provincial Government.
Status of Dispute Resolution of Village Head Decision Based on Commercial Administrative Decision Law Hanin Alya Labibah; Arum Ayu Lestari
Journal of Development Research Vol. 7 No. 2 (2023): Volume 7, Number 2, November 2023
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v7i2.343

Abstract

In the scope of the smallest area, the village is led by a village head. Of course, the village head also has the authority to provide policies in the form of decisions on several things that occur within his coverage area. This type of research is normative legal research with a statutory approach and a conceptual approach. From this research, it can be concluded that the village head is not a state agency/official, even though the village is given authority by law that the village head as the village leader is given free authority. In the event that the village head's regulation that results in a decision is considered contrary to the public interest or contrary to other laws and regulations above it, then it can be canceled by the Regent / mayor instead of being carried out by the village head, so the village head's decision cannot be said to be KTUN.
The Auction System in Motorcycle Arisan Practices: A Review of Minister of Finance Regulation Number 122 of 2023 on Auction Implementation Guidelines Damainingrum, Vania Diva; Labibah, Hanin Alya'
Journal of Development Research Vol. 8 No. 2 (2024): Volume 8, Number 2, November 2024
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v8i2.372

Abstract

Auction in motorcycle arisan are organized by a business entity without interference from the government with the aim of selling goods, namely motorcycles. Motorcycle arisan adopts an auction system to be used as the determination of the winner of the arisan. This study aims to determine the implementation of auction at motorcycle arisan in terms of the regulation of the minister of finance regarding auction implementation guidelines. The data used was obtained through literature studies related to the issue. This type of research is normative legal research using a legal approach and a conceptual approach. In this study, it can be concluded that the auction carried out at the motorcycle arisan is actually used only for business purposes for the arisan organizers, where the auction team is formed independently by the arisan organizers without an Auction Official. Judging from the purposes of motorcycle arisan which is the sale of motorcycles with an auction system, then it is included in the category of voluntary auctions where the implementation stage is regulated in the ministerial regulation, so that business entities as the organizers of motorcycle arisan with an auction system must carried out auction activities to be adjusted to the voluntary auction procedures that have been regulated in laws and regulations.
Legal Review of Lawyers Who Have Been Fired From One Organization to Another Hanin Alya Labibah; Setiawan, Galih Nicky Roby
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.437

Abstract

The Chief Justice of the Supreme Court issued Letter No. 73/KMA/HK.01/IX/2015, which regulates related to significant changes in the advocate organization system. The letter of the Chief Justice of the Supreme Court was not accompanied by a revision of the Advocate Law, so the legal uncertainty that led to his profession until now continues and affects the upholding of the ethics of the legal profession itself. The existence of legal uncertainty causes conflicts between members, which can cause members to be fired or resign from one advocate organization and then easily move to another advocate organization. The purpose of this study is to find out and analyze related to the legal rule in Indonesia for advocates who have been fired from one organization to another, as well as to find out the legal impact of unregulated procedures. This type of research is normative legal research with a conceptual approach, a legislative approach and a case approach. From this study, it can be concluded that in terms of the problem of the rule of law in Indonesia for advocates who have been fired from one organization to another, it can be said that there is a legal vacuum (rechstvacuum), in positive law the legal vacuum can be said to be a legislative vacuum. Furthermore, the legal impact resulting from the unregulated procedures on the legal vacuum on the advocate organization causes legal uncertainty in the community and the advocates themselves and further causes chaos to the service in the legal field.
Legal Implications of Internet Service Disruptions on Late Payment Penalties in Digital Consumer Transactions Labibah, Hanin Alya; Damayanti, Miranda; Lestari, Arum Ayu; Setiawan, Galih Nicky Roby; Ningsih, Yuli Pertiwi
Journal of Development Research Vol. 10 No. 1 (2026): Volume 10, Number 1, May 2026
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v10i1.513

Abstract

The development of digital technology has made internet services the primary means of conducting transactions; however, internet service disruptions often cause legal problems, especially related to late payments and the determination of the parties' responsibilities. This study aims to analyze the legal implications and forms of consumer protection for losses arising from internet service disruptions in digital transactions. The research method in this study is normative legal research with a legislative and conceptual approach. The results of the study show that late payments due to internet service disruptions can be categorized as force majeure as long as they meet elements beyond their control and cannot be predicted. In these conditions, consumers cannot be burdened with responsibility in the form of late fines or compensation due to the non-fulfillment of the elements of fault in default. In addition, the rigid application of the fine clause without considering the factual conditions is contrary to the principle of good faith and the principle of fairness in the agreement. In conclusion, internet service disruption in digital transactions has significant legal implications, especially in determining whether there is a default and the responsibility of the parties. If the disruption is proven to be force majeure, then the consumer cannot be burdened with the obligation of compensation or late fines due to the non-fulfillment of the elements of fault in default. It is necessary to strengthen force majeure through the restriction of standard clauses that are detrimental to consumers in digital transactions.
Legal Position of Land Certificate Custody by Notaries in Sale and Purchase Binding Agreements Damayanti, Miranda; Labibah, Hanin Alya; Putri, Alfina Setyawan
Journal of Development Research Vol. 10 No. 1 (2026): Volume 10, Number 1, May 2026
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v10i1.515

Abstract

In the practice of sale and purchase binding agreements (PPJB), the custody of land certificates by notaries is frequently carried out as a form of assurance for the parties before the completion of the sale and purchase process. However, this practice raises legal concerns regarding whether notaries act within their authority as public officials or as parties involved in civil law relationships through custody agreements. Since no specific regulation governs certificate custody by notaries, this issue requires further legal analysis. This study aims to examine the legal position of certificate custody by notaries in PPJB and analyze their responsibility for entrusted certificates. This research employs normative legal research using statutory and conceptual approaches. The legal materials consist of relevant laws and regulations, legal doctrines, and literature. The findings indicate that certificate custody by notaries in PPJB is generally considered a civil law act based on an agreement between the parties rather than an official obligation regulated under notarial law. Therefore, civil law provisions concerning custody (bewaargeving) apply to notaries' responsibilities for entrusted certificates. Notaries may be held liable for losses caused by negligence in managing the entrusted documents. This study concludes that notaries act as legal subjects in civil relationships during certificate custody practices. Clearer regulations are needed to ensure legal certainty and protection for all parties.