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Perlindungan Hukum Bagi Pembeli Perumahan Syariah Tanpa Melalui Lembaga Keuangan di Masa Pandemi COVID-19 Novenry, Yudiet; Hamidah, Siti; Sukarmi, Sukarmi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.688 KB) | DOI: 10.17977/um019v7i1p274-281

Abstract

This study aimed to discuss legal protection for buyers in Islamic housing with istishna contracts during the COVID-19 pandemic and developers' efforts to overcome the problem of late payments. The study method used empirical juridical with qualitative descriptive analysis methods. The istishna contract had not provided legal protection because the agreement's substance was the developer's absolute right, so the buyer could not change it. Instead, the developer did three things to overcome delays in fulfilling the buyer's instalment obligations: explaining the istishna contract, delaying payment, and carrying out joint selling if the buyer could not pay instalments or pay them off.
Perlindungan Hukum Bagi Kreditur Penerima Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Nurcahyanti, Indri Ike; Sukarmi, Sukarmi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (69.314 KB) | DOI: 10.17977/um019v6i2p489-502

Abstract

This study aimed to analyze the legal principles in executing material guarantees and legal protection for fiduciary creditors to repay their receivables after issuing Constitutional Court Number 18/PUU-XVII/2019. This study used a statutory, conceptual, and case approach with a normative juridical type of research. The results of this study indicated that the legal principles in executing material guarantees after the decision of the Constitutional Court Number 18/PUU-XVII/2019 had changed regarding the executorial title, which was initially in the Grosse deed, into a guarantee certificate. According to the Constitutional Court, norms change did not provide justice, so the executorial title on the fiduciary guarantee certificate did not apply. Legal protection for fiduciary creditors to obtain repayment of their receivables after the decision of the Constitutional Court did not have legal certainty for interested parties.
Perlindungan Hukum bagi Bank sebagai Pemegang Jaminan Hak Atas Tanah dan Bangunan Milik Debitur yang Disita oleh Komisi Pemberantasan Korupsi (KPK) Abraarsyah, Abraarsyah; Sukarmi, Sukarmi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.724 KB) | DOI: 10.17977/um019v5i2p196-201

Abstract

This study aimed to analyze legal protection for banks as holders of legal guarantees for land and buildings owned by debtors that were confiscated by the Corruption Eradication Commission (KPK). The research used juridical-normative type. The research used statute approach, conceptual approach, and case approach. This study used domain analysis techniques. The results showed that if the KPK confiscated the land and / or buildings of the debtor owner, the Bank, as the holder of the guarantee of the rights to the land and buildings, would receive legal protection both preventively and repressively. 
Status Hukum Perjanjian Beli Kembali (Buy-Back Guarantee) yang Diberikan oleh Developer Pailit kepada Bank Tyas, Hesti Ning; Sukarmi, Sukarmi; Audrey, Patricia
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (315.719 KB) | DOI: 10.17977/um019v7i2p438-446

Abstract

This study analyzed the contract disputes in the Supreme Court Decision Number 1013K/Pdt.Sus-Pailit/2016 and the legal status of the buy-back guarantee agreement obtained from the bankrupt developer. This study used a normative juridical method with a statutory approach and a conceptual approach. The contract dispute in the Supreme Court Decision Number 1013K/Pdt.Sus-Pailit/2016 related to submitting several claims based on the buy-back guarantee agreement between PT. Bank Mandiri (Persero) Tbk. as a creditor with PT. Rizky Jaya Sentosa Ladang was the developer who was declared bankrupt when the debtor defaulted. The legal status of the buy-back guarantee agreement obtained by the bank from the bankrupt developer remained binding on the parties who have agreed. The contents of the buy-back guarantee agreement remained valid as law for the parties because one of the bankrupt parties was not included in the conditions for the termination of engagements and agreements.
CERTAINTY OF LAW FOR NOTARY CANDIDATES IN REGIONS THAT ESTABLISH THE LARGE-SCALE SOCIAL RESTRICTIONS IN EAST JAKARTA CITY Agung, Muhammad Maghfur; Sukarmi, Sukarmi; Sjafiie, RR. Imam Rachmad
Nurani Vol 21 No 1 (2021): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i1.8392

Abstract

The purpose of this article is discussing the law problem that has relations to certainty of law for notary candidates in regions that establish large-scale social restrictions. WHO establish the COVID-19 as the Public Health Emergency of International Concern (PHEIC). The spread controlling of Covid-19, the Indonesian government apply several strategies, the one of strategy is Establish large-scale social restrictions. Large-scale social restrictions cause closed the office. Notary candidates apprentice become closed or get free days. The problem is counting the 24 months apprentice of notary candidates if the regions apply the large-scale social restrictions until the office of notary candidates closed for a while. This research is an empiric juridical. The result of this research that use the method above, researcher obtains the answer of the problem that certainty of law for notary candidates in the regions that apply the large-scale social restrictions based on law regulation.
The Relevance Of Protectıng Debtor Customer Data And Informatıon Through Bank Secrecy: A Comparatıve Study In Indonesıa, Malaysıa And The Unıted Kıngdom Putriyanti, Erma Defiana; Abdul Rachmad Budiono; Sukarmi, Sukarmi; Reka Dewantara
Asian Journal of Management, Entrepreneurship and Social Science Vol. 4 No. 04 (2024): Upcoming issues, Asian Journal of Management Entrepreneurship and Social Scien
Publisher : Cita Konsultindo Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to examine and analyse whether the provisions of bank secrecy are still relevant to protect the data and information of debtor customers; and how the bank secrecy rules in Indonesia compare with Malaysia and the UK in protecting debtor customers. This type of research is legal research that uses a statutory approach, conceptual approach and comparative legal approach. The results of this study indicate that protecting debtor customer data and information through bank secrecy rules is relevant. Protection of data and information of all customers is necessary because it is a human right that has been guaranteed in the constitution, besides that personal data has a certain financial value and has become a tradable asset commodity. Debtor customers have an equally important position as depositors, the bank's intermediary function will not run without the activity of channeling funds to debtor customers. Therefore, in special circumstances, debtor customers with current credit collectibility can be considered to be protected in bank secrecy. Malaysia and the UK provide more adequate protection of debtor customer data and information compared to Indonesia, which limits the scope of bank secrets to depositors and their deposits.
Establishing A Personal Data Protection Agency for E-Commerce in Indonesia: Legal Framework and Implementation Challenges Nuzul Sa'adah, Bilqis Laila; Sukarmi, Sukarmi; Dewantara , Reka
Invest Journal of Sharia & Economic Law Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/invest.v4i2.10031

Abstract

The rapid growth of e-commerce in Indonesia has led to a significant increase in the collection and processing of personal data, raising concerns regarding data security and privacy rights. This study analyzes the urgency of establishing a Personal Data Protection Agency (LPDP) specifically for e-commerce users in Indonesia, considering the increasing risks to personal data in the digital marketplace. This research focuses on addressing the limitations of the current legal framework, particularly the gaps in the Indonesian Personal Data Protection Law (UU No. 27 of 2022), and proposes an independent body with clear authority to regulate, monitor, and enforce data protection standards. This study employs a qualitative approach using normative legal analysis to evaluate existing regulations and assess the evolving needs of the e-commerce sector. The findings suggest that the absence of detailed implementation regulations and lack of a specific regulatory body create significant legal uncertainties, exposing users to potential data breaches. Establishing the LPDP is expected to strengthen data protection measures, enhance consumer trust, and provide legal certainty in Indonesia's digital economy. The proposed structure of the LPDP includes directorates for policy and regulation, supervision and audits, law enforcement, and public education and awareness. The implementation of effective personal data protection policies requires a comprehensive and coordinated approach, with the LPDP having sufficient authority and resources to perform its duties. This study highlights the importance of establishing an independent regulatory body to ensure the protection of personal data and privacy rights in Indonesia's rapidly expanding e-commerce sector.
Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol. 7 No. 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Abstract

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.
Comparison Of Regulations For The Approval Of Condominium Developments Before And After The Job Creation Law Qudsi, Mohammad Syafiq; Sukarmi, Sukarmi; Koeswahyono, Imam
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.v5i1.344

Abstract

Housing development is an effort to meet one of the basic human needs, as well as to improve the quality of the living environment, give direction to regional growth, expand employment and drive economic activities in improving and equitable distribution of people's welfare. The construction of flats is one alternative solution to the problem of housing and settlement needs, especially areas in urban areas where the population continues to increase, because the construction of flats can reduce land use, make urban open spaces more spacious and can be used as a way to rejuvenate the city for slums. Arrangements related to the construction of flats were initially regulated in the Flats Law, one of which regulated the ratification of flats. The Job Creation Law through its omnibus law model amends several provisions including those related to flats, including through implementing regulations. In this paper using normative juridical research methods, the author will compare the arrangement for the ratification of flats before and after the promulgation of the Job Creation Law and explore potential juridical problems.
Multi-Party Model in Cooperatives : Deep Understanding of Ratio Legis in Minister of Cooperatives Regulation Number 8 of 2021 Awaliya, Monica; Sukarmi, Sukarmi; Sihabudin, Sihabudin
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.v5i1.347

Abstract

In line with the progress of the global economy, especially in Indonesia, it is recognized that a digitalization and modernization era has taken place, which continues to evolve and never ceases. This necessitates cooperatives to strengthen themselves to be healthier, self-reliant, modern, strong, and competitive, in accordance with cooperative principles, enabling them to play a role as a "pillar of the national economy." In April 2022, the Minister of Cooperatives and Small and Medium Enterprises Regulation on Cooperatives with a Multi-Party Model Number 8 of 2021, hereinafter referred to as "Permenkop UKM KMP," came into effect on October 21, 2021. In other countries, the Multi-Party Model Cooperatives, referred to as "KMP," have been commonly used for various business purposes. For example, they have been established in the United Kingdom since 1870, in the United States since the 1990s, in Italy since 1991, in Canada since 1997, in Portugal since 1998, and in France since 2001. Firdaus Putra, the Chairman of the Indonesian Consortium For Cooperative Innovation (ICCI), mentioned in a webinar on the dissemination of Minister of Cooperatives and SMEs Regulation No. 8 of 2021 concerning Multi-Party Model Cooperatives, that Italy is the best-practice example of KMP globally, with approximately 14,000 KMPs as of today. However, with the issuance of Permenkop UKM KMP in Indonesia, the history of Permenkop UKM KMP began only in 2022, making it a relatively new terminology in Indonesia. The issuance of Minister of Cooperatives and SMEs Regulation Number 8 of 2021 on Cooperatives with a Multi-Party Model raises several questions about the reasons behind the introduction of this new regulation. For instance, is the regulation solely implemented as a UUCK (Job Creation Law) enforcement measure, given the mention of the need for cooperatives to support job creation, even though it is not explicitly explained which type of cooperatives are referred to in the UUCK.