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An Overview of Disputes Regarding the Right of Structure in Indonesia: Suatu Gambaran Sengketa Terkait Hak Guna Bangunan di Indonesia Fitra, Said; Purwaningsih, Sri Budi
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.776

Abstract

Recently, there have been many disputes regarding land rights, namely the Right to Build. The Right to Build is a right that is obtained to use a building on a land that is not one's own for a certain period of time. This study aims to find out the portrait of disputes related to building use rights in Indonesia in 2021. The research method that the author uses is normative juridical using an approach to legislation (Statue Approach) carried out by examining all laws and policies that are in accordance with legal issues being studied. The benefit of this research is to be a reference and input of knowledge for further researchers regarding the Portrait of a dispute over building rights in Indonesia. The analysis of the legal material used is deductive reasoning, what is meant by deductive reasoning analysis here is reasoning based on a mindset that has a general nature to draw conclusions on a specific nature.
Juridical Assessment of Collateral in Microfinance: A Statutory Approach: Penilaian Yuridis terhadap Agunan dalam Pembiayaan Mikro: Sebuah Pendekatan Hukum Purwaningsih, Sri Budi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.997

Abstract

This research investigates the juridical appraisal procedure employed by Microcredit Banks in Indonesia for land and building collateral. Utilizing a statute approach, the study scrutinizes both the subject (ownership status) and object (land location, boundaries, land status, and proof of ownership) of the collateral. The assessment also considers taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price. The findings reveal that a comprehensive analysis incorporating these diverse aspects is necessary for accurate valuation. The study underscores the vital role of collateral evaluation in loan disbursement, emphasizing that banks need to ensure that collateral meets all credit security conditions. Consequently, in the event of borrower default, banks can legally seize the collateral to recoup the outstanding debt. The findings have implications for enhancing microcredit banking regulations and for bolstering the legal protections of both banks and borrowers.Highlights: Juridical appraisal procedure adopted by Microcredit Banks crucially considers both the subject and object of land and building collateral. Taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price, are integral to the comprehensive evaluation of collateral. Ensuring that collateral meets all credit security conditions is a paramount step in loan disbursement, providing legal protections for banks to recoup outstanding debt in the event of borrower default. Keywords: Microcredit Banks, Collateral Evaluation, Juridical Assessment, Credit Security, Indonesian Banking Regulations.
Legal Protection for Buyers in a Junk Sale and Purchase Agreement: Perlindungan Hukum Bagi Pembeli Dalam Perjanjian Jual Beli Barang Rongsokan Afrizal, Afrizal; Purwaningsih, Sri Budi
Indonesian Journal of Law and Economics Review Vol. 12 (2021): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (942.136 KB) | DOI: 10.21070/ijler.v12i0.728

Abstract

This study aims to find out and examine the legal protection for buyers of junk goods, which focuses on the validity of the sale and purchase agreement of junk goods, as well as forms of preventive legal protection that can be carried out by junk collectors who are accused of being collectors. or the general public can defend themselves when they accidentally receive the proceeds of crime. This study uses a normative juridical method, with a statutory approach. The data comes from two main sources, namely the legal code and the criminal law code as primary legal materials and journals, books, doctrines as secondary legal materials. Using deductive analysis method. The conclusion of this study is that the sale and purchase agreement for junk goods is valid, when there is no violation of Article 1320 and Article 1457 of the Civil Code. As well as preventive legal protection efforts when accused of being a collector, such as a statement that the goods are junk from legal matters, transactions are carried out during the day, prices are according to the market and so on.
Procedures For Examining Inherited Land in the Perspective of the Basic Agrarian Law (UUPA): Prosedur Nyusuki Tanah Warisan dalam Perspektif Undang-Undang Pokok Agraria (UUPA) Addini, Yurike; Purwaningsih, Sri Budi
Indonesian Journal of Law and Economics Review Vol. 12 (2021): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1487.538 KB) | DOI: 10.21070/ijler.v12i0.729

Abstract

This study aims to determine the procedure for acquiring inherited land in the perspective of the Basic Agrarian Law as well as to find out the legal protection for one of the heirs whose inheritance land is transferred. The research method used by the author is normative law research using a statutory approach or can also be called the Statute Approach. By using primary legal materials, namely legislation related to legal issues in this study. Then secondary legal materials in the form of journals, books, articles and other literature. And the analysis used by the author is the method of deduction. The conclusion of this study is that the procedure for acquiring inherited land in the perspective of the LoGA must be based on a mutual agreement between the rights holders to terminate the joint ownership with evidence of the deed of sharing the joint rights made by PPAT. There are several chronologies of the occurrence of this nyusuki, among others, when there are two heirs, where one heir really needs money, so the other heirs provide access. Then another chronology is when there is one heir who has occupied the land from before the heir dies until he dies, and the heir does not want to sell the land inherited by the heir.
Enforcement of the Code Of Ethics of Pharmacist Proffesion in Kabupaten Sidoarjo: Penegakan Kode Etik Profesi Apoteker di Kabupaten Sidoarjo Hamdani, Ulfa Nuraini; Purwaningsih, Sri Budi
Indonesian Journal of Law and Economics Review Vol. 13 (2021): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3257.509 KB) | DOI: 10.21070/ijler.v13i0.735

Abstract

This study raises the formulation of the problem on how to Enforce the Code of Ethics of the Pharmacist Profession in Sidoarjo Regency and how the Ethical Accountability can be imposed on Pharmacists if they commit a violation. Pharmacists namely PC IAI Sidoarjo Regency and MEDAI D East Java were then linked to existing regulations and libraries, based on the analysis conducted, it was found that the enforcement of the code of ethics for the pharmacist profession in Sidoarjo Regency is the responsibility of the East Java Regional MEDAI, besides that there is still a lack of open access for the community. as well as a monitoring pattern that is only based on complaints, besides that, it is also found that there is a distribution of criteria for violations in the implementing regulations that are not specifically explained, based on the results of the analysis, it can be concluded that enforcement The code of ethics for the pharmacist profession in the district still tends to be passive because it is only based on complaints without direct supervision.
Legal Safeguards for Owners of Untapped Foreign Brands Under Indonesia's First-to-File Principle: Perlindungan Hukum bagi Pemilik Merek Asing yang Belum Dimanfaatkan Berdasarkan Prinsip First-to-File Indonesia Artija, Arfiansyah Dewa; Purwaningsih, Sri Budi
Indonesian Journal of Law and Economics Review Vol. 19 No. 2 (2024): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i2.1013

Abstract

This study examines the risks associated with unregistered trademarks, particularly in the context of Indonesia's adherence to the First To File principle. Employing normative methods with a statistical and statutory approach, data was gathered from Supreme Court Decision and DGIP Brand websites to identify potentially problematic and non-problematic brands. Results reveal three layers of legal protection for foreign brand holders outlined in TRIPS regulations, the Paris Convention, and Law no. 20 of 2016, each with its own limitations. Moreover, the study delineates two forms of legal safeguarding for brands: preventive measures through regulatory frameworks and repressive actions via sanctions for infringements. These findings underscore the importance of registering trademarks for robust protection, emphasizing the need for comprehensive legal strategies to mitigate risks for brand owners in the global marketplace. highlights : The study elucidates the vulnerabilities associated with unregistered trademarks within the framework of Indonesia's First To File principle. It identifies and examines the legal safeguards available to foreign brand holders under TRIPS regulations, the Paris Convention, and Indonesian Law no. 20 of 2016. The research underscores the significance of comprehensive legal strategies, including preventive measures and repressive actions, to protect brand owners in the global marketplace. Keywords: Unregistered trademarks, Legal protection, Brand ownership, Intellectual property rights, First To File principle.
Unveiling Indonesia's Precautionary Principle for Trust in Digital Transactions: Mengungkap Prinsip Kehati-hatian Indonesia untuk Kepercayaan dalam Transaksi Digital Santosa, Shilla Hasmara; Purwaningsih, Sri Budi
Indonesian Journal of Law and Economics Review Vol. 19 No. 3 (2024): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i3.1202

Abstract

Abstract: This research explores the compliance of the Sejuta Cita platform with Indonesia's Electronic Information and Transactions Law (ITE Law), specifically focusing on Article 28, which addresses misleading information in electronic transactions. The general background underscores the growing importance of digital platforms in event management, necessitating stringent adherence to legal standards. The specific background highlights the critical role of user verification processes in ensuring accurate information and responsible user behavior. Despite the increasing reliance on these platforms, a knowledge gap remains regarding the effective implementation of the precautionary principle within their operational frameworks. The primary aim of this study is to assess whether Sejuta Cita effectively incorporates the precautionary principle into its user verification processes, employing a normative juridical method with a statute approach that analyzes key legal frameworks, including Law No. 19 of 2016 and Law No. 11 of 2008. The results reveal that the platform’s terms of use mandate compliance with ethical norms and legal regulations, thereby emphasizing responsible decision-making during event registrations. The findings also indicate potential violations related to event content, yet confirm that Sejuta Cita's terms require event creators to adhere to applicable regulations. The novelty of this study lies in its detailed examination of the platform's user verification policies and their alignment with the ITE Law. The implications suggest that adherence to the precautionary principle enhances user trust and mitigates legal risks, contributing to the establishment of safer electronic transaction environments in Indonesia. Highlights: Compliance Assessment: Evaluates adherence to ITE Law on misleading information. User Verification: Analyzes precautionary principle implementation in user processes. Legal Framework: Assesses electronic agreements' implications for event organizers. Keywords: Sejuta Cita, ITE Law, user verification, precautionary principle, electronic transactions
Modern Retail Regulations in Sidoarjo Regency after the issuance of Sidoarjo Regional Regulation Number 10 of 2019 concerning Supermarket Arrangement in Sidoarjo Regency: Peraturan Ritel Modern di Kabupaten Sidoarjo Pasca Diterbitkannya Peraturan Daerah Sidoarjo Nomor 10 Tahun 2019 Tentang Penataan Toko Swalayan Di Kabupaten Sidoarjo Pratama, Candra Surya; Mediawati, Noor Fatimah; Purwaningsih, Sri Budi; Phahlevy, Rifqi Ridlo
Indonesian Journal of Public Policy Review Vol. 10 (2020): April
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v10i0.1161

Abstract

Modern retail is a business channel selling consumer goods directly and indirectly with the fastest growth for consumer goods companies in Indonesia. With the rapid growth of the modern retail business in the Sidoarjo area, it is enough to cover the existence of traditional retail in the vicinity. After the enactment of the Sidoarjo Regency Regulation Number 10 of 2019 concerning Supermarket Arrangement in Sidoarjo Regency, can the regulation provide protection and maintain the consistency of the existence of traditional retail amidst the proliferation of modern retail. The research uses normative research based on the legal approach. With the changes in the Regional Regulation of Sidoarjo Regency Number 10 of 2019 concerning Arrangement of Supermarkets in Sidoarjo Regency from the previous regulation, Regent's Regulation Number 36 of 2016 concerning Arrangement of existing Minimarkets and the changes made.
Industrial Land Use Agreement between PT. SIER with Tenant Judging from the Legal Terms of the Agreement: Perjanjian Penggunaan Tanah Industri antara PT. SIER dengan Tenant Ditinjau dari Syarat Sah Perjanjian Arisandy, Achmad Yovan; Purwaningsih, Sri Budi
Indonesian Journal of Public Policy Review Vol. 11 (2020): July
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v11i0.1163

Abstract

The Industrial Land Use Agreement between PT SIER and the Tenants has been going on since the 1980s. According to PP No. 40 of 1996, the tenants have a Building Use Right over the Management Right for 30 years and can be extended for another 20 years. This study aims to determine whether the agreement is in accordance with the legal terms of the agreement because there are new provisions to extend its rights. This type of research is normative, the object of which lies in the principles applied in the contract and theoretical aspects of land law as well as normative studies related to the use of land on management rights. The results of the research from this agreement when viewed from Article 1320 of the Civil Code have actually been legally fulfilled as long as there is no element of coercion from the Tenant who pays the income. As well as the existence of a strong legal basis from PT SIER to make new provisions regarding income money to extend the Right to Build