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Published by Universitas Muhammadiyah Palu
ISSN : 25500260     EISSN : 25805835     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; constitutional and administrative law religious jurisprudence law Legal pluralism governance International Law; Constitutional Law; Administrative Law; Adat Law; 
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 4 No. 2 (2020): Oktober 2020" : 8 Documents clear
TINJAUAN YURIDIS PENGGUNAAN SURAT BERHARGA DALAM OPERASIONAL PERBANKAN Ahyani Yunus
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The use of Securities in banking operations is a necessity. This was mainly motivated by the fact that banking business activities engaged in the financial industry require instruments to link customer rights and obligations without any movement of cash. Basically, Securities that enter the traffic of banking business activities are Securities related to the payment system. This means that it is needed by the community to support business activities or community needs in the payment system. In contrast to Capital Market Securities such as shares and bonds or the like, issued in the context of raising funds for business development purposes. Thus, the traffic of activities related to Capital Market Securities is related to investor interest in investing and obtaining profitability. Securities act as a medium for transferring a creditor's collection rights to another party and as a payment instrument. The transfer of rights can be carried out sequentially from one party to another, until the maturity period. This process simultaneously shows that Securities are functioning as means of payment, transfer of collection rights as well as proof of receivables. Securities play a role in carrying out the function of money in various financial activities, especially those related to the payment system. Keywords: Operational Banking. Securities 
REVOLUSI INDUSTRI 4.0 DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA DI INDONESIA Osgar S Matompo; Moh Nafri
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The Industrial Revolution 4.0 revolutionized the movement of the world economy. If you do not prepare yourself from now on, you will be left far behind in the world economy. Government intervention in monopoly and oligopoly markets aims to influence prices, the amount produced, and the distribution of income from economic activities. Intervention is carried out in 2 ways, namely: regulation and anti-monopoly law. In this research, the recommendation is that the Government must be able to create regulations that encourage the development of the digitalization economy as a strategy. Such as the policy of convenience in financing startup businesses, tax incentives and guidance for SMEs. The government also needs to increase the development of telecommunications infrastructure in small areas so as to minimize the imbalances that occur. Keywords: Business competition. Industrial Revolution
AKTA PENGAKUAN HUTANG YANG DISERTAI DENGAN AKTA KUASA MENJUAL YANG MEMUAT KLAUSUL PEMBERIAN HAK KEPADA KREDITUR UNTUK MENENTUKAN HARGA DAN SYARAT PENJUALAN OBYEK JAMINAN Johanes Dipa Widjaja
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The purpose of this study is to find out how the legal consequences of the deed of debt recognition accompanied by the power of attorney for sell which contains a clause granting the right to the creditor to determine the price and conditions of sale of the collateral object. This research was conducted using a statuttory approach and a conceptual approach (conceptual approach). Bosed on the ressults of this resiearch and discusion, it can be concludied that the deed of recognition of debt accompanied by a deed of selling power which contains a clause granting the right to the creditor to determine the price and terms of sale of the collateral object is considered to have violated the principle of good faith even if it was made before a competent official (in this case a notary ) because such a clause places the debtor in a very weak position that is vulnerable to arbitrary actions on the part of creditors such as selling the object of debt security at below market prices Keywords: Legal Deed of Debt Recognition, Power of Attorney For Sell, Debt Collateral.
MENUJU INDUSTRIAL SECURITY DALAM MEWUJUDKAN TENAGA SATPAM PROFESIONAL, MODERN DAN TERPERCAYA DI INDONESIA Edisah Putra
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Global economic growth so that the impact on business competition is so intense and causes the need for security services is needed. Nowadays, the security professionalism of security guards is very important, because industrial security does not only provide physical protection services for installation, security of personnel, security of information and other technical from any security and order disturbances, but also as a protector in the effort to manage risks from various threats to kamtibmas in the business world. Professional, modern and trusted security guards must have skills, intelligence, integrity and discipline. So the problem under study is towards industrial security in realizing professional, modern and trusted security guards in Indonesia. Based on studies with normative juridical research that Security Guards are Police Partners to carry out limited authority functions in accordance with the Police Regulations, where Security Guards are part of enforcing rules and discipline within the company. Thus the protection and legal basis for security guards differ from other workers / laborers. The government is expected to be able to regulate and make legislation on invitations regarding the position of security guards as partners and fostered by the Indonesian police and how to supervise, manage and foster Industrial Security as a Security Services Business Entity. Keywords: industrial security, security unit, legal protection
KLAUSA FORCE MAJEURE DALAM KONTRAK DAN PANDEMI COVID-19 DI INDONESIA Kanzul Wafa; Irit Suseno; Endang Prasetyawati
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Some other policies related/to?COVID-19iiniIndonesia include "PP 21 years 2020 about large-scalepsocialprestrictions in accelerating the handling of2COVID-19", "Presidential decree 11 years 2020 on the determination of public health emergency COVID-19", and "Perppu 1 year 2020 on the country's financiallpolicykandpfinancial;system stability for the handling of COVID-19 The COVID-19 countermeasures and prevention policies affect the fulfillment of contracts, agreements, and business transactions. This is because some of these policies impede the process of fulfilling obligations in contracts, either directly or indirectly. The policy in question is primarily related to the closure of access, transportation or interaction. Methods used using normative research with orientation that is not sourced in the conceptual attitude that must be taken but also a combination of a rule of abuse which is a belief is fundamental. This belief is very important to produce an objective research result. Based on the freedom of agreement, the Corona COVID-19 pandemic virus is clearly expressed as a force majeure. However, if in the contract made Corona COVID-19 pandemic viruses are not included in the force majeure can be an issue, this is because the new Corona COVID-19 pandemic virus appears around the 2019 and in Indonesia itself has only gained its impact in the year 2020. This makes many contentious to determine whether the COVID-19 pandemic includes Force Majeure or not and whether this pandemic automatically cancels a contract that has been made and agreed upon by the parties.Keywords: force majeure; contract: pandemic
EFISIENSI EKSEKUSI JAMINAAN FIDUCIA PASCA PUTUSAAN MK NO: 18/PUU-XVIII/2019 TERHADAB PERUSHAAN PEMBIAYAAN (MULTI FINANCE) Pinto Utomo; Budiarsih Budiarsih; Evi Konggres
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Decicion of the Constitotional Courst nomber 18/PUUU-VXIII / 2019 annulls some of the phrases and their explanations contained in article 15 paragraph (2) along with their explanations and faragraph (3) of the fiduusiary Acts contrary to thee 1945 Constitution as long  it is not edited as interpreted by thi Panel off Judges off the Court Thee Constitution contained in the related decision. The implementation of fiduciary guarantee execution is no longer as effective and as efficient as before. This paper focuses on how efficient is the implementation of Fiduciary Guarantee after the Decision of Mk No: 18 / PUU-XVII / 2019 towards Financing Companies. The normative juridical method for reviewing written legislation and legal principles by examining the rules of legal norms. The results of the study found that fiduciary guarantees still have or are attached to an executorial power whose decisions are the same as court decisions that have legal power permanent, and thi creditur as the recipent of fidusiaary retains full authority tu be able to carry out his own execution (parate execution), as long as the debtor has "breach of promise" both recognized by the debtor or based on legal remedies, and there is no objection to voluntarily handing over the objec of fidosiary guarantee, if exsecution of fiduciary guarantees must always be carried out through the mediation process of the court, thereby eliminating the specificity of fiduciary guarantees as referred to in the explanation of Articl 15 paragrap (3) off thi Fiduciary Guarantee Act, namely the ease in carrying out their executions so that the execution of fiduciary guarantees is ineffective and inefficient.Keywords : Guarantee. Fidusia 
KEDUDUKAN BADAN NARKOTIKA NASIONAL DALAM STRUKTUR KETATANEGARAAN DI INDONESIA Abdullah Abdullah
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Responding to the development of the drug problem which continues to increase and is increasingly serious, the MPR-RI Decree Number VI / MPR / 2002 through the General Session of the People's Consultative Assembly of the Republic of Indonesia (MPR-RI) in 2002 has recommended the DPR-RI and the President of the Republic of Indonesia to make changes to the Law Number 22 Year 1997 concerning Narcotics. Therefore, the Government and DPR-RI ratified and enacted Law Number 35 of 2009 concerning Narcotics, as an amendment to Law Number 22 of 1997. Based on this law, the institutional status of BNN became a Non-Ministerial Government Institution (LPNK). ) with a vertical structure to the Province and regency / city. In the Province the Provincial BNN was formed, and in the Regency / City the Regency / City BNN was formed Keywords : Legal Position. BNN. State administration
ANALISIS PENGELUARAN TAHANAN DEMI HUKUM Irmawati Ambo; Andi Purnawati; Budimah Budimah; Muliadi Muliadi
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The law enforcement apparatus referred to in the criminal justice system consists of a subsystem of the police, prosecutors, courts and correctional institutions which have the obligation to carry out investigations, prosecute and adjudicate the case in accordance with the prevailing laws and regulations. In carrying out these tasks, the Law of the Republic of Indonesia Number 8 of 1981 concerning Criminal Procedure Law, which is hereinafter abbreviated as (KUHAP) gives them the authority to take actions which are essentially a reduction of the human rights of the suspect as a human, such as carrying out detention.Keywords : Prisoners. For The Law 

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