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All Journal NOTARIUS Pandecta LAW REVIEW Mimbar Keadilan USU Journal of Legal Studies Widya Yuridika Berkala Bioteknologi Yurispruden YURISDIKSI : Jurnal Wacana Hukum dan Sains Indonesian Journal of International Law Indonesia Law Review (ILREV) Jurnal Ilmu Hukum Warkat
Setiawan Wicaksono, Setiawan
Fakultas Hukum Universitas Brawijaya, Malang, Indonesia
Arts Humanities Biochemistry, Genetics & Molecular Biology Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Asas Keseimbangan dalam Klausula Baku Aplikasi Shopee: Juridical Analysis of the Principle of Balance in the Standard Clauses of the Shopee Application Olivia Nabila Sambas; Setiawan Wicaksono; Prawatya Ido Nurhayati
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.4

Abstract

This research aims to find out the standard clauses in the Shopee application service conditions that fulfill the principle of balance in contract law. The principle of balance requires that the parties to an agreement have an equal position in having rights and carrying out obligations. However, in practice, especially the inclusion of standard clauses implemented between Shopee and traders does not fulfill the principle of balance. This is due to the unequal position between Shopee and traders where Shopee has an economic advantage which is marked by Shopee's existence as one of the largest marketplaces in Indonesia and the most sought after by traders to offer their products. On the other hand, traders are positioned as weak parties in the agreement because the take it or leave it principle applies. The clause that attracts the author's attention is the clause that states the user's submission to any additional rules that apply in the future and are determined unilaterally by Shopee. One example is Shopee's action of automatically including merchants in the Free Shipping program, where the included merchants do not necessarily want to take part in the program because there are other costs that must be incurred. These unilateral decisions then bring various material losses to traders. This type of research is normative juridical using a statutory approach method by means of literature study to collect information regarding standard clauses and the principle of balance. The data analysis used by the author is a systematic interpretation carried out by interpreting the law as a unified system. Based on the results of this research, it can be seen that the standard clauses in Shopee's terms of service do not fulfill the principle of balance both in terms of forming and implementing the agreement.
Penerapan Pasal 8 Ayat 1 Huruf (F) Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terkait Iklan Penjualan Kavling Tanah di Kota Malang: Implementation Of Article 8 Paragraph 1 Point (F) Of Law Number 8 Of 1999 Concerning Consumer Protection In The Sale Of Land Plots In Malang City Finishia, Arsella; Yuliati; Wicaksono, Setiawan
WARKAT Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.3

Abstract

This research aims to observe the rising trend of the sale of land plots that disadvantages consumers by studying the implementation of Article 8 Paragraph 1 Point F of Law Number 8 of 1999 concerning Consumer Protection regarding the sale of land plots in Malang city. This research is categorized as empirical-juridical methods that directly observed the objects concerned. The research results conclude that Article 8 Point F is not appropriately implemented in terms of the principles of advertisements for land plots, while informative and appropriate advertisements are paramount. Some impeding factors were also found such as the lack of empowerment, promotion, and awareness of the consumers and business people. Facilitating dispute resolution for the consumers can be taken as a measure through Consumer Dispute Resolution Agency and a special program to control advertisements for housing.
Batasan Kewenangan Otoritas Jasa Keuangan Terhadap Lembaga Keuangan Mikro Berbentuk Badan Hukum Koperasi Simpan Pinjam dalam Hal Terjadi Gagal Bayar: Limitations of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Savings and Loans Cooperative Legal Entities in the Event of Default Tobing, Dwinoven Lumban; Dewantara, Reka; Wicaksono, Setiawan
WARKAT Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.1

Abstract

The rapidly increasing growth of the Indonesian economy has influenced the monetary system in State Financial Institutions, especially institutions operating in the financial services sector which provide services to the public in collecting funds. The independent institution that is responsible for providing supervision and regulation in the financial services sector is the Financial Services Authority so that this regulation will be discussed by the author in his research regarding the Limits of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Cooperative Legal Entities in the Event of Default and whether the OJK can provide legal protection in overcoming these problems as an independent institution operating in the financial services sector. This research is normative juridical legal research by examining and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the OJK using a case approach that occurred in the Indosurya Cipta Savings and Loans Cooperative which experienced a state of default. OJK has the authority to grant business permits to MFIs before carrying out their business activities and carry out guidance, regulation and supervision of MFIs as contained in the provisions of Law Number 1 of 2013 concerning Microfinance Institutions. This regulation gives authority to the OJK in licensing, regulating and supervising MFIs where the establishment of an MFI with a Cooperative legal entity consists of establishing and ratifying a Cooperative legal entity by the Ministry of Cooperatives and Small and Medium Enterprises as well as submitting an MFI business application to the OJK. OJK's authority over MFIs in the form of cooperative legal entities is in line with the system of delegation of authority by the Ministry of Cooperatives and SMEs, Regency/City Regional Governments, and OJK.
Analisis Yuridis Pembatasan Pemberian Hak Milik Atas Tanah Untuk Rumah Tinggal: Juridical Analysis of Limiting Land Size for Residential Housing Fitriana, Dina; Herlindah; Wicaksono, Setiawan
WARKAT Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.1

Abstract

The restriction of the land size for residential housing is intended to prevent any piling up lands for certain people as in line with Articles 7 and 17 of Basic Agrarian Law (UUPA) which are further highlighted in Government Regulation according to Article 12 of Government Regulation in Lieu of Law Number 56 of 1960. However, there are no regulations governing the limitation of land size in place. More specific regulations regarding the right to land are outlined in the Decree of Agrarian Minister/the Head of National Land Agency Number 6 of 1998 concerning Grant of Right to Land for Residential Housing. The regulatory provisions highlight the restriction of the land size requested for residential housing and the land size that applicants can own, but it is only restricted to the applicants or for extended rights. The Decree of Agrarian Minister/the Head of National Land Agency Number 6 1998 does not seem to give a solution to what has been mandated in ownership or right restriction of non-agricultural lands, which is to be regulated in Government Regulation. Departing from the issue above, this research aims to study the grant of the right to land for residential housing by conducting a juridical analysis. This research use normative methods to analyze land ownership limitation and land registration.
Analisis Yuridis Aset Kripto Sebagai Objek Gadai Di Indonesia Putra, Zullfikri Ensa; Wicaksono, Setiawan; Suwardiyati, Rumi
WARKAT Vol. 4 No. 1 (2024): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v4n1.5

Abstract

This research aims to analyze the regulation of Crypto Assets as collateral in Indonesia, as well as examine whether Crypto Assets meet the characteristics as collateral objects according to KUHPerdata, KUHD, and POJK No. 31/POJK/05/2016 concerning Pawnshop Business Jo SE OJK No. 52/SEOJK.05/2017 regarding the Implementation of Conventional Pawnshop Business Activities. This study employs a normative juridical method with statute approach and conceptual approach. Legal materials will be analyzed using descriptive analytical techniques. The author found that Crypto Assets have gained legal recognition as a commodity asset with the issuance of Minister of Trade Regulation No. 99 of 2018. However, positive law in Indonesia still does not provide legal certainty regarding Crypto Assets as collateral. Crypto Assets can be categorized as intangible movable property according to KUHPerdata and KUHD. Crypto Assets also have economic value as they can be assessed or valued in terms of money. The author recommends that the government update SE OJK No. 52/SEOJK.05/2017 to include Crypto Assets as one of the collateral objects in Indonesia.
Legal Position of Land Tenure in Forest Areas with Special Purposes (Case Study: UB Forest, Tawangargo Village and Donowarih Village, Malang Regency): Kedudukan Hukum Penguasaan Tanah dalam Kawasan Hutan dengan Tujuan Khusus (Studi Kasus: UB Forest, Desa Tawangargo dan Desa Donowarih, Kabupaten Malang) Kusdinar, Iqbal Firdaus; Wicaksono, Setiawan; Adianto, Daru; Ulum, Muhammad Bahrul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n1.1

Abstract

The establishment of the forest areas with specific purposes (KHDTK) is based on the Minister of Environment and Forestry Decision Number 196/Menlhk-PKTL/KUH/PLA.2/1/2020, dated January 22, 2020, regarding the designation of the Educational Forest Area within the protected forest and permanent production forest areas of Kepanjen Forest as the Education and Training Forest of Universitas Brawijaya covering an area of ​​544.74 hectares in Malang Regency, East Java Province. Land tenure within the forest area should be under the Ministry of Environment and Forestry (KLHK) based on the Boundary Marking Minutes. In reality, there is still land tenure within the forest area controlled by the community, where the land is inherited from previous generations and can be used for settlements. Land tenure has been ongoing since the Dutch colonial era in 1919, as confirmed by the Malang Regency Land Office, with the community occupying the location since 1937. The author aims to highlight the legal issues between Sumberwangi Hamlet in the administrative area of Donowarih Village and Sumbersari Hamlet in the administrative area of Tawangargo Village. Considering the history of the formation of Donowarih Village and Tawangargo Village, the establishment history of UB Forest, and the analysis of legal status overlaps between the villages and the UB Forest management, this research conducts a comparative analysis of the settlement regulations, correlating them with land or forest area utilization based on Forestry Law Number 41 of 1999 and Village Law Number 6 of 2014.
Implementation of Subsidized Housing Transfer Regulations Before Five Years: An Empirical Study on Subsidized Housing in Tangerang: Implementasi Pengaturan Peralihan Rumah Subsidi Sebelum Lima Tahun: Studi Empiris pada Perumahan Subsidi di Tangerang Putri, Ananda Salasa; Herlindah; Wicaksono, Setiawan
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.2

Abstract

Subsidized housing is a government-initiated housing program aimed at providing decent, affordable housing for low-income communities (MBR) to support family welfare. Article 55 paragraph (1) letter b of Law Number 6 of 2023, which ratifies Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation, clearly prohibits the transfer of ownership of subsidized houses by recipients within five years. However, field findings indicate that early transfers still occur, both covertly and through informal agreements. This study aims to examine the implementation of this legal provision, specifically in subsidized housing in the Tangerang region. The research uses an empirical legal method with a sociological juridical approach. The findings show that the implementation has not been optimal. Legal violations persist, influenced by weak oversight and limited public understanding of the legal restrictions on subsidized housing transfers. Additional challenges include lack of inter-agency coordination and weak law enforcement. Recommended solutions include enhancing legal education for beneficiaries, strengthening supervision by relevant institutions, and developing a digital-based monitoring and reporting system to prevent future violations.
Problematika Penentuan Frasa “Pihak yang Berkepentingan” Dalam Pasal 20 Ayat (3) UU Hak Tanggungan: Problematics in Determining the Phrase “Interested Parties” in Article 20 Paragraph (3) of the Mortgage Law Febriana, Oktavian Silva; Wicaksono, Setiawan
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.4

Abstract

The phrase “interested parties” in Article 20 paragraph (3) of Law Number 4 of 1996 concerning Mortgage Rights (Hak Tanggungan) is not accompanied by a clear normative limitation. This lack of clarity has led to divergent interpretations in judicial practice and has the potential to create legal uncertainty in the execution of mortgage objects through private sale. Within the framework of a security rights system that emphasizes legal certainty and the effectiveness of enforcement, such normative ambiguity becomes problematic, as it may trigger disputes and inconsistencies in court decisions. This study aims to analyze the forms of normative vagueness inherent in the phrase and to formulate juridical limitations consistent with the principle of legal certainty. The research employs a normative juridical method using statutory, conceptual, and case approaches. The analysis is conducted through grammatical, systematic, and conceptual interpretation of primary and secondary legal materials in order to identify the locus of ambiguity and its implications. The findings demonstrate that the phrase “interested parties” cannot be interpreted broadly without limitation, but must be restricted to legal subjects who possess a direct legal relationship with the mortgaged object and who face a measurable and objectively verifiable juridical risk of loss. Normative reconstruction is therefore necessary through a more limitative and operational formulation to ensure legal certainty, predictability of application, consistency of judicial decisions, and balanced legal protection for the parties within the national financing system.
Co-Authors Adianto, Daru Budi Raharjo Endang Kusdiyantini Febriana, Oktavian Silva Finishia, Arsella Fitriana, Dina Ganindha, Ranitya Hanif Nur Widhiyanti Hanif Nur Widhiyanti, Hanif Nur Herlindah, Herlindah Hidayat, M. Choirul Imam Koeswahyono Iwan Permadi Kusdinar, Iqbal Firdaus Muhammad Bahrul Ulum Muhammad Luthfi Olivia Nabila Sambas Putra, Zullfikri Ensa Putri, Ananda Salasa Putri, Cyndiarnis Cahyaning Reka Dewantara Rumi Suwardiyati Saraswati, A. A. A. Nanda Tobing, Dwinoven Lumban