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All Journal Spektrum Hukum Media of Law and Sharia
Muhammad Nuha Maulana Pasya
Fakultas Hukum Universitas Muhammadiyah Yogyakarta
Humanities Law, Crime, Criminology & Criminal Justice

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Keabsahan Hukum Jual Beli Emas Tanpa Nota Pembelian Pada Pelaku Usaha Emas Di Pasar Swadaya Jembrana Muhammad Nuha Maulana Pasya; Reni Anggriani
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 20, No 1 (2023): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v20i1.3556

Abstract

Inside Pasar Swadaya Jembrana have at least 23 gold shops. In practice, the process of gold transactions does not always run smoothly. The making of gold have an obstacle in the gold sale and purchase agreements, gold's proprietor sometimes does not include purchase notes. Then brings discourse to legal issues, namely looking at the validity of the sale and purchase agreement and seeing whether the price set imposed on the store owner is by the process and mechanism that is not contrary to the law. This Research uses normative-empirical methods and qualitative with a constructivist paradigm. Found the validity of a gold jewellery sale and purchase agreement without a purchase note can be notarized as valid if it refers to Article 1320 KUHPer by not violating the provisions of that article. The determination and cut in the price of gold jewellery inscribed by the latter has the consequence that increasing the number of gold rebates to be sold, is based upon defaults made by the party (gold owner). The pricing is not done haphazardly, but with a negotiation process, until an agreement is reached, the calculation necessary is inseparable from the "package" that has been carried out in the world of gold jewellery transactions.
Pergeseran Tradisi Meurup-urup di Muntigunung dalam Perspektif Perlindungan Anak dan Hak Asasi Manusia Muhammad Nuha Maulana Pasya; Ahdiana Yuni Lestari
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.115

Abstract

The community's paradigm of sponging activities in Bali certainly points to Muntigunung Hamlet as a sponger-producing hamlet. The problem of Gepeng in Muntigunung Hamlet is one of the anomalies in the response to customs and traditions (meurup-urup) which then develops into an antinomy and takes root to make a new reality in meurup-urup, exacerbated by the economic crush, and the existing ecology makes this problem like uprooting old teak roots. This research uses analysis with anthropological, juridical, logical, and systematic approaches. The results found that the trend of human error capacity that occurs is trying to be handled by the state in the sense of the Regional Government of Karangasem by taking technical measures which in the opinion of the author is a futile step, therefore the government must carry out a model of handling spongers in terms of direct involvement with the handling of camp assessment and social work for adult spongers and in child spongers is given education and the rights attached to it as a society so as not to violate the right to live properly, be educated, free of discrimination and degrading treatment, especially in this case spongers.   Keywords: Tradisi, Meurup-urup, Gepeng, Hukum, Negara.
Co-Authors Ahdiana Yuni Lestari Reni Anggriani