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All Journal Bestuur Jurnal Pendidikan Islam Sriwijaya Law Review IJoLE: International Journal of Language Education Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada DE'RECHTSSTAAT QARDHUL HASAN: MEDIA PENGABDIAN KEPADA MASYARAKAT Jurnal Sosial Humaniora JURNAL ILMIAH LIVING LAW Kosmik Hukum UNTAG Law Review Al-Mubin: Islamic Scientific Journal Indonesian Journal of Social Research (IJSR) International Journal of Business, Law, and Education Asean Journal of Science and Engineering (AJSE) Journal Of World Science ASEAN Journal for Science and Engineering in Materials ASEAN Journal of Educational Research and Technology

Roestamy, Martin

Universitas Djuanda

Author-ID : 887249

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mechanical Engineering Neuroscience Public Health Social Sciences Other

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JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP Edi Prayitno; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION Edy Supaino; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims

ANALYSIS OF JURIDIS HOUSEHOLD CONTRACT HOUSE RENT (RUSUNAWA) IN ACCELERATION OF HOUSING SUPPLY FOR LOW-INCOME COMMUNITY Erniwati Erniwati; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Identification of this research are: 1) How is the implementation of rental contract agreement of simple rental apartment (Rusunawa) in accelerating the provision of housing for Low-Income Society? 2) What is the effect of contract rent lease agreement for a simple rental apartment (Rusunawa) in accelerating the provision of housing for Low-Income Communities that is transferred to a third party ?. The research method used in this research is the normative juridical approach. The results of this research are: 1) Implementation of flats rental management conducted by the Provincial Government of DKI Jakarta, the lease agreement in the apartment unit starts with if there are prospective tenants who want to rent so he can apply as a prospective apartment dweller to the manager 2) The legal consequences of the lease agreement transferred to a third party for a simple rental apartment (Rusunawa), made by the provincial UPT Rusunawa have rights and obligations, as for the rights of the parties contained in the article in the lease agreement hire which has been determined by UPT Rusunawa, based on agreement made by UPT Rusunawa.Keywords: Lease contract, Rusunawa, Low Income Society

PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank

LEGAL CERTAINTY CHANNELING FUNDS RURAL AGRIBUSINESS ENTERPRISE DEVELOPMENT WITHIN THE FRAMEWORK OF THE DEVELOPMENT OF MICROFINANCE INSTITUTIONS AGRIBUSINESS Asril Tinambunan; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

One of the government programs in overcoming the limited access of farmers to capital is through the Rural Agribusiness Development Program (PUAP). However, in the implementation there are irregularities that have impeded of the PUAP Program so as to create legal uncertainty. The purpose of this research is to know the mechanism of distribution, management and development of legal institution of Micro Finance Institution of Agribusiness (MFI-A). The research method used is the sociological juridical approach to find out the mechanism of channeling PUAP funds and the development of MFI-A. This research is also supported by normative approach on the data of legal material in the form of Law Number 19 of 2013 and Act Number 1 of 2013. The mechanism of distributing PUAP funding that is just, effective and targeted is done by selection and verification. Selection is done by selecting Gapoktan to be nominated to receive PUAP. Furthermore, field verification conducted by the District Technical Team. Management of MFI-A as development of Gapoktan saving and loan business unit is done by developing LKM-A product, managing risk, establishing organizational structure and SOP, and using information and computerization system. The form of legal entity in the future for the most suitable MFI-A is a savings and loan cooperative.Keywords: Legal Certainty, PUAP, Gapoktan, and MFI-A

ANALISIS YURIDIS KONTRAK PENGADAAN BARANG SIMULATOR SURAT IZIN MENGEMUDI POLRI Yulita Heriyanti; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

In the case of the procurement of simulators Driving License, there are some deviations made by almost all parties involved to cause state losses. The identification of this research included the implementation of SIM simulators in the Traffic Corps of the National Police, the criminal elements that occurred and their weak points, as well as their positive and negative forms in the implementation of SIM simulator procurement. The research method used in this study is a normative juridical approach using library studies. The results of this study are: 1) There has been a standard agreement between the two parties that is not balanced in the procurement of SIM Simulator goods, where PT. X as the supplier of goods does not get an offer from the formulation of the agreement; 2) In the implementation of SIM Simulator goods procurement, the agreement between the two parties is not balanced and this becomes a weakness that can complicate the position of PT. X because it is in a weak position even though the terms of the agreement made by the National Police Corruption Eradication Agency provide an opportunity for contractors to determine and design contracts as they already are; 3) procurement carried out using the public auction method with third parties is considered effective and efficient in using the budget. But the negative thing is the existence of irregularities committed by partners with unscrupulous officials.

TAX DEDUCTIBLE SEBAGAI KOMPENSASI KEGIATAN SOCIAL RESPONSIBILITY LEMBAGA NOTARIS DALAM PENGESAHAN BADAN HUKUM YAYASAN PONDOK PESANTREN PUTRI ECHATARINA; MARTIN ROESTAMY
JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The Foundation is a body that perform various non commercial activities (non-profit) and engaged in social, religious or educational one boarding school. Boarding School can be said to have a role as well as educate the nation's children because schools have a main function of the students can study and master the knowledge of Islam more deeply. Identification of this research are: 1) How is social responsibility in implementing the notary profession and professional public service to educational institutions and religious boarding school? 2) How is the implementation of income tax from the practice of social responsibility in relation to the obligation to pay income tax on any notary deed? 3) Are there policies about tax deductible to the practice of social responsibility that does not charge the notary deed or honorarium from clients who set up a foundation online boarding school?. The method used in this research is normative juridical approach, the law conceived as norms, rules, principles or dogmas/jurisprudence.

PERLINDUNGAN HUKUM BAGI PEKERJA TAMBANG GALIAN C DALAM PERSPEKTIF PENGUPAHAN DAN KESEJAHTERAAN PEKERJA DI WILAYAH PROVINSI JAWA BARAT Pepen Rustam; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Legal protection for Site C Miners is element that is implied in Article 27 of Undang-Undang Dasar 1945 where it is written that every citizen is equal in the eye of the law and have to obey the law. It also says that every citizen has rights for job and welfare in the name of humanity. The purposes of the research in Site C Mine in West Bandung Regency, Cianjur, Bogor Regency, West Java, are only to find out about Law Protection of Waging System and Welfare and whether the company of the Site C Mine follows the rule of minimum wage that is regulated in West Java region. The results of the research are for the miners of Site C Mine in 3 (three) regencies of West Java, the company already follows the rules and the Labor Law. However, according to research, there are workers who already work for 1 (one) year and get 12 (twelve) days of annual leave without cutting the wage. This thing is only applied to permanent workers, but not to outsource workers even though they already work for the company for years, and still be given welfare every year.

ASAS KESEIMBANGAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM DENGAN PEMBERIAN GANTI UNTUNG Heri Suherman; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Development for public interest requires the land for which the procurement is carried out by promoting the principles contained in the 1945 Constitution of the State of the Republic of Indonesia and national land law, including humanitarian principles, justice, benefit, certainty, openness, agreement, participation, welfare, sustainability , and alignment in accordance with the values of nation and state. Land acquisition for Ciawi and Sukamahi Dam Projects implemented by the Government, in fact resulted in compulsion, where the Government was forced to buy the land due to the program and so the landowner had to relinquish the land for the program's interest. However, in principle, the procurement of the land must continue to benefit the community as the owner of the land affected by the development program of public interest by applying the balance principle in the provision of compensation that is economically and socially more profitable to realize a sense of justice, improve the standard of living and welfare of affected people Ciawi and Sukamahi dam in Bogor Regency.

PERTANGGUNGJAWABAN BANK SEBAGAI KORPORASI TERHADAP TERJADINYA FRAUD Adi Atmaka; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Operations of crimes committed by bank burglars must be immediately anticipated by the legal apparatus in Indonesia quickly and carefully so that the law does not look weak. At present the development of criminal legal responsibility has begun to expand, in the concept of criminal law, accountability can not only be requested from individuals, but also corporately. The obstacle is the concept of accountability of various corporate modes of law enforcement in Indonesia, so far it has not been utilized, besides the concept of corporate responsibility is not yet widely known, this concept is also still in the gray domain. Identification of this research are: 1) How is the bank's responsibility as a corporation for fraud and fraud ?. 2) What is the legal protection of bank customers who are victims of fraud? The research method used in this study is a normative juridical approach. The results of this study are: 1) Bank Indonesia as the holder of the Indonesian banking authority in an effort to meet applicable standards in the banking sector has prioritized programs related to customer protection, handling customer complaints, and including handling the establishment of independent banking mediation institutions, 2) In banking practice, a provision applies that customers who will save their funds in a bank are not free. The customer has the right to receive interest on funds deposited with the bank.

Co-Authors Abduh, Amirullah Abdul Kholik Abdullah Emile oemar Alamudy Abraham Yazdi Martin Achmad Jaka Santos Adiwijaya Adi Atmaka Adi Juardi Adi Rahman Nur Ibnu Adi Rahmannur Ibnu Adi Sulistiyono Agustina Multi Purnomo Al Husaeni, Dwi Fitria Al Husaeni, Dwi Novia Al Obaidi, Abdulkareem Sh. Mahdi ALI NURMANSYAH Arifah Rahayu Asep Bayu Dani Nandiyanto Asep Bayu Dani Nanyanto Asep Hidayat Asep Thobibuddin Qolyubi Asril Tinambunan Bilad, Muhammad Roil Chalim, Saefuddin Chamidah, Umi Chano, Jiraporn Dadan Hindayana danang wijayanto Dani Nanyanto, Asep Bayu Danil, Mahmud Debbi Puspito Dede Maryana Dede Syahrudin Deni Hudaefi Echatarina, Putri Edi Prayitno Edi Prayitno, Edi Edy Santoso Edy Supaino Endeh Suhartini Erniwati Erniwati Euis Salbiah Fanani, Muhammad Zainal Giffari, Davi Aulia Indra Ginung Pratidina Habib, Yahya Abdul Hambani, Susy Helmia Tasti Adri Heri Suherman Heriyanti, Yulita HERMAWAN Ilman Khairi Irma Purnamasari Irman Suherman Iwan Wahyudi Jose Andreawan, Jose Andreawan Kartakusumah, Berliana Khotamir Rusli, Radif Mahmud Danil Maruapey, Muhamad Husein Mas Guntur Wiraprana Ma’arif, Rizal Syamsul Megan Asri Humaira Mochammad Yunus, Mochammad Mohamad Ali Fulazzaky Monaya, Nova Moyana, Nova Mufrina Muhamad Aminulloh Muhammad Husein Maruapey Muhammad Rendi Ramdhani Muhammad Taufich Hidayat Muhtar, Saepudin MULYADI Musthofa , Arafat Nasrulloh Nita, Kamalasia Rio Nurwati Nurwati Nur Nurwati Nurwati Pepen Rustam Purnamasari, Irma PUTRI ECHATARINA R. Siti Pupu Fauziah Raden Djuniarsono Radif Khotamir Rusli Radif Khotamir Rusli Radif Khotamir Rusli Rahman Nur Ibnu, Adi RAUF, AUNU Rita Rahmawati Rita Rahmawati Rizal Syamsul Maarif Rokhman, Mauhibur Rusi Rusmiati Aliyyah Rusli, Radif Khotamir Saepi Syawaludin Sastrawan, Berry Setyono, S. Sihotang, Sudiman Siregar, Togar SITI MARYAM Sitohang, Sudiman Supaino, Edy Suryani, Danu Sya, Mega Febriani Syawaludin, Saepi Syukri Indra Tama Rahayu, Ray Taufik Mappaenre Tinambunan, Asril Tirta, Maura Najwa Noor Raina UMAN SUHERMAN, UMAN Uus Firdaus Warizal Yazdi Martin, Abraham Yulita Heriyanti Yumarni, Ani Zahra Khusnul Lathifah

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