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All Journal Jurnal Bina Mulia Hukum WAJAH HUKUM Legalitas: Jurnal Hukum
Abdul Hariss, Abdul
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Law, Crime, Criminology & Criminal Justice

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Legal Protection of Banks That Give Business Capital Credit Without Collateral Mahila, Syarifa; Hariss, Abdul; Maryati, Maryati; Fauzia, Nur
Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jbmh.v8i2.1361

Abstract

This research aims to analyze legal considerations for business credit without collateral and analyze legal protection for banks that provide business credit without collateral. The research method used in this research is normative juridical. The results of the research show that business credit providers have legal protection if business credit without collateral is carried out through preventive protection, which of course requires a formula based on the contents of credit agreement that has been determined and must be implemented if a default occurs. There is a need for the contents of agreement to be precise so it can be binding and stated in the credit agreement, which of course has also been agreed upon by all parties; legal protection, which is considered repressive; as a reference in taking steps if there is a risk of loss from the business carried out by the capital provider; and the need for an institution to Alternative Dispute Resolution in the Financial Services Sector (LAPS Financial Services Sector) is an institution that resolves disputes in the financial services sector outside of court. If the credit repayment stage is problematic, it is necessary to resolve it without harming both parties based on the amount of credit given is not a large amount. So, an Alternative Financial Services Sector Dispute Resolution Institution (Financial Services Sector LAPS) is needed to resolve disputes through face-to-face meetings before a mediator or arbitrator, electronic media, or document inspection.
Akibat Hukum Gugatan Kejaksaan Negeri Tanjung Jabung Barat Terkait Pencabutan Kekuasaan Orang Tua Hariss, Abdul; Zulfikar, Ahmad; Rahmawati, Deska
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1607

Abstract

Parents are the first and foremost institution for children to receive protection, teaching and fulfillment of their rights. However, sometimes parents cannot provide protection and can even become criminals for their own biological children, as stated in the Kuala Tungkal District Court Decision Number: 01/Pid.Sus/2022/PN KLT dated 08 February 2022, which is the basis for the West Tanjung Jabung District Prosecutor's proposal. Lawsuit for Revocation of Parental Power over Children. The problem studied in this paper boils down to what are the legal consequences of the lawsuit for the revocation of parental authority over children by the Tanjung Jabung Barat District Prosecutor's Office (Study of Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT)? The research method used is empirical juridical with interview techniques. Based on the results of research that has been carried out regarding the legal consequences of the Lawsuit for Revocation of Parental Power over Children by the West Tanjung Jabung District Prosecutor's Office as per Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT parents whose power over children has been revoked do not have any power over the child, however the termination of this power does not necessarily sever the regional relationship between parents and children so that the parents, in this case the Defendant/Birth Father, still have the obligation to support the lives of their children.
Historis Alam Pemikiran Hukum Adat Merangin Dahri, Muhtar; Hariss, Abdul; Mustafa, Danil
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.709

Abstract

The existence of customary law aims to maintain harmony and balance of interests within the community, which carries a historical value passed down through generations. These values vary across regions and are rooted in a cosmic way of thinking. At the time this study was conducted, no previous research had explored the cosmic way of thinking in Merangin customary law. Using a normative-empirical research method, which combines two approaches—interviews with informants such as traditional leaders and community figures as primary data, and literature review as secondary data—the research employs a sociological and historical approach. The data is then analyzed descriptively and qualitatively. The findings reveal that the customary law of Merangin, which is alive and evolving within the Merangin community, is based on genealogical lines that have developed according to societal changes. The characteristics of Merangin customary law reflect cosmic values that are religious, magical, communal, democratic, immediate, and cash-based. This study is far from perfect due to the researchers' limitations in knowledge and sources, but it is hoped that the research will be useful for future academic study, teaching materials, and as a reference for legal practitioners in resolving disputes related to customary law conflicts in Merangin society.
Penyelesaian Ganti Rugi Tanah Milik dan Tanam Tumbuh Pengadaan Tanah Lahan Pengembangan Cagar Budaya Nasional Kabupaten Muaro Jambi Hariss, Abdul; Fauzia, Nur
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1822

Abstract

Procurement of land for public purposes is the implementation of the social function of land rights. Therefore, every person who has rights to land is required to relinquish his rights to land for the sake of the public interest, including the interests of the nation and state as well as the common interests of the people. For the procurement of land for public purposes, each person is entitled to compensation from the state as occurred in the procurement of land for development of the National Cultural Heritage of Muaro Jambi Regency. Every person whose land, whether in the form of property rights or planting rights, grows into and/or is affected by the object of procurement must be given compensation. However, in reality, the process of land acquisition for public purposes is not free from many obstacles because it is related to the interests of many people. The study in this scientific work relates to forms of compensation for the community, obstacles in the compensation process and the efforts made by the government to overcome the obstacles present in the compensation process for freehold land and growing planting land for land acquisition for cultural heritage development in Muaro Jambi. The research approach was carried out socio-legally with primary data and secondary data.
Analisis Putusan Hakim Nomor 16/Pdt.Sus-Desain Industri/2020/PN.Niaga.Jkt.Pst. antara Merek Geprek Bensu dan I Am Geprek Bensu Fauzia, Nur; Hariss, Abdul
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1966

Abstract

Besides trademark, industrial designs are very valuable for every business actor in marketing, promoting and selling their goods and/or services to consumers. One of the industrial designs in the form of food packaging boxes functions as an identifier and marker for consumers. In this regard, each business actor is required to register their trademark and industrial designs with the Directorate General of Intellectual Property Rights of the Ministry of Law to avoid problems in the future. However, trademark and industrial design disputes cannot be avoided as the industrial design dispute that occurred between PT Ayam Geprek Benny Sujono and Ayam Geprek Ruben Samuel Onsu which resulted in a lawsuit at the Commercial Court at the Central Jakarta District Court with a ruling that canceled the industrial design registered in the name of Ruben Samuel Onsu. This scientific work examines the legal protection related to trademarks and industrial designs, the judge's considerations in canceling industrial design rights in the name of Ruben Samuel Onsu as stated in the Commercial Court Decision at the Commercial Court at the Central Jakarta District Court No. 16/Pdt.Sus Desain Industri/2020/PN.Niaga.Jkt.Pst and an analysis related to legal justice for the parties in the case related to the decision.
Perlindungan Hukum Bagi Penerima Dalam Hal Pemberi Objek Jaminan Fidusia Yang Belum Didaftarkan Tanpa Persetujuan Penerima Hariss, Abdul; Fauzia, Nur; Amanda, Gladys
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.511

Abstract

In order to improve the economy, someone sometimes needs sufficient capital to start a business, so a credit loan is needed to be able to start it. In implementing the credit agreement, creditors often also want collateral to provide security and a sense of trust. One of the credit guarantees commonly used by the public is fiduciary guarantees. The Fiduciary Guarantee has legal procedures or procedures that must be complied with so that it has binding force and can provide legal protection for the parties. The problems in this research are 1) Legal Protection for Creditors to prevent the transfer of Fiduciary objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 2) Transfer of Fiduciary Guarantee Objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 3) Registration of fiduciary collateral objects to avoid transfer of fiduciary collateral objects. The purpose of this research is to find out how legal protection, transfer of objects and registration of fiduciary guarantees are according to Law Number 42 of 1999 concerning Fiduciary Guarantees. This research method is normative juridical research with descriptive research characteristics, using secondary data collected through literature study. Based on the results of this research, it can be concluded that the transfer of fiduciary collateral objects that have not been registered without the creditor's consent is an action that is not justified by law (invalid). Legal protection for creditors in the event that a debtor transfers a Fiduciary Security object that has not been registered without the creditor's consent may subject the debtor to civil and criminal liability.
Pelaksanaan Pelayanan Publik Hak Tanggungan Terintegrasi Secara Elektronik Oleh Kantor Pertanahan Kota Jambi Hariss, Abdul; Yanti, Herma; Fauzia, Nur; Haris, Bilqist
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1373

Abstract

The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has launched electronic land services. The electronic service in question is electronically integrated mortgage rights (HT-el). With land services through an electronic system that is easy to use, it is the aim of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency to remain competitive in the digital era and help the community. The aim of this research is to determine the implementation, obstacles faced, and efforts made by the government in implementing electronic mortgage rights. The research method used is empirical juridical, through a socio-legal-research approach. The data sources used in this research are library data from laws, books, journals and the internet; Field data comes from interviews with related parties. Land office counters are no longer needed because HT-el services are all done online. This is a significant achievement of the Ministry of ATR/BPN in its efforts to improve the efficiency and quality of land services through implementing the e-Government concept. Based on the research findings, it can be concluded that the Jambi City Land Office has followed the process contained in the ATR/BPN Ministerial Regulation Number 5 of 2020 and HT-el technical instructions Number 2 of 2020 in implementing HT-el. Even though there are several obstacles, including system problems, inappropriate application files, unverified land parcel data, and SPS payments outside working hours, implementation continues.
Co-Authors Ahmad Zulfikar Amanda, Gladys Haris, Bilqist Herma Yanti Maryati Maryati Muhtar Dahri Mustafa, Danil Nur Fauzia Rahmawati, Deska Syarifa Mahila, Syarifa