Articles
253 Documents
<![CDATA[Community Empowerment Through the Utilization of Zakat for Productive Ventures in Sleman Regency ]]>
<![CDATA[Harahab, Yulkarnain]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1096
<![CDATA[This research aims to determine and analyze the empowerment of the community through the utilization of zakat for productive ventures in Sleman Regency and the inhibiting factors in the community empowerment through the utilization of zakat for productive ventures. Data collection was conducted through document studies and interviews with respondents. The collected data were then analyzed qualitatively using a normative juridical approach. Based on the research conducted, the following conclusions were drawn: first, community empowerment through the utilization of zakat for productive ventures in Sleman Regency is focused on the economic sector through the provision of revolving capital and the provision of livestock assistance to groups or individuals classified as poor and still capable of working or doing business. The provision of zakat funds is carried out through grants or qardhul hasan contracts. Community empowerment through the utilization of zakat for productive ventures is in line with the provisions of Article 27 of Law Number 23 of 2011 concerning Zakat Management and Articles 32, 33, and 34 of Minister of Religious Affairs Regulation Number 52 of 2014. Second, inhibiting factors in community empowerment through the utilization of zakat for productive ventures include limited zakat funds to be distributed, limited assistance personnel, and declining motivation among some recipients of productive zakat assistance. To overcome these obstacles, cooperation with third parties is needed in providing funds and assistance personnel, as well as in motivating zakat recipients.]]>
<![CDATA[THE CORRELATION BETWEEN THE UNQUALIFIED OPINION BY THE AUDIT BOARD OF INDONESIA AND ANTI CORRUPTION ACT ]]>
<![CDATA[Ihfan, Awaludin Nur]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 1 (2023): Jurnal Bina Mulia Hukum Volume 8 Nomor 1 September 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i1.1239
<![CDATA[An Unqualified Opinion (Opini Wajar Tanpa Pengecualian) is an assessment provided by the Audit Board of Indonesia to state institutions whose financial management is deemed appropriate. However, it is often observed that entities receiving the An Unqualified Opinion designation are subsequently found to have engaged in criminal acts of corruption, which raises public doubts concerning the credibility of BPK's assessments. This study elucidates the correlation between BPK's authority to issue opinions and efforts to combat corrupt practices. The research methodology employed is juridical-normative with a legislative and case-based approach. The findings indicate that Audit Board of Indonesia plays a pivotal role in the fight against corruption. Audit Board of Indonesia 's authority to provide opinions hinges on compliance with the relevant legislation, suggesting that Audit Board of Indonesia can detect the presence or absence of criminal elements committed by the audited entities. The occurrence of corruption cases involving An Unqualified Opinion recipients is primarily due to opportunities and disclosure gaps in the audit process. A correlation exists between Audit Board of Indonesia 's opinions and anti-corruption efforts, albeit limited to the specific category of corruption related to the state's financial scope under Article 2 of Law No. 17/2003. Thus, Audit Board of Indonesia can only identify cases of corruption directly linked to the state's finances, namely Corruption Adversely Affecting State Finances under Articles 2 and 3 of Law No. 31/1999 and Embezzlement in Office under Article 8 of Law No. 20/2001.]]>
<![CDATA[RES IPSA LOQUITUR: APPLICATION IN PRODUCT LIABILITY ]]>
<![CDATA[Putri, Windy Virdinia]]>;
<![CDATA[Muhammad, Danang Wahyu]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 1 (2023): Jurnal Bina Mulia Hukum Volume 8 Nomor 1 September 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i1.1255
<![CDATA[Consumers who experience loss, injury, or death due to a damaged or defective product can claim compensation. However, the difficulty of proof is a scourge for consumers. In law, the doctrine of res ipsa loquitur was introduced, which in English means that things speak for itself. Based on the doctrine, the law presumes a presumption of negligence which can then be applied to the reverse burden of proof. This study examines the principle of product responsibility in the Consumer Protection Act and the application of the res ipsa loquitur doctrine in product liability. This research is normative research using a conceptual approach and a statute approach. This study found that the principle of product liability in the Consumer Protection Act contains two principles: first, the presumption of negligence, and second, the presumption of liability principle with the burden of proof reversed. In line with the consumer interest-oriented doctrine, res ipsa loquitur also contains the presumption of negligence followed by the presumption of liability principle. The application of the res ipsa loquitur doctrine in product liability is found in 2 things: first as a principle and second as a means of evidence in civil procedural law which can be enforced through evidence of a presumption concluded by a judge.]]>
<![CDATA[Inconsistency in Recognition and Enforcement of Foreign Arbitral Awards: Non-Compliance or Normative Factors? ]]>
<![CDATA[Taqwa, Muhamad Dzadit]]>;
<![CDATA[Laksmi Prabhaswari, Amaraduhita]]>;
<![CDATA[Putri Subiyanto, Maria Jasmine]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1310
<![CDATA[Recognizing and enforcing a foreign arbitral award has been becoming a global issue. To solve such an issue, the New York Convention 1958 turns out to be an important international legal product regarding the recognition and enforcement of foreign arbitral awards worldwide. States ratifying the convention are internationally bound to respect and assist in the execution of a foreign arbitration award in their respective countries; Indonesia is one of them. It ratified the convention by Presidential Decree Number 34 of 1981. Nonetheless, there is an impression that Indonesia has not implemented the convention consistently, compared to countries that are, considered, friendly to foreign arbitration awards due to the facts that there are several foreign arbitral awards that have been rejected by the District Court. This impression, however, needs to be re-examined by understanding textually the norm formula in the 1958 New York Convention and comparing its implementation among Indonesia and several countries that are considered friendly to foreign arbitration awards. This paper finds that there is a norm formula in the 1958 New York Convention that opens space for ratification countries not to always recognize and enforce foreign arbitral awards in the executing country of the award.]]>
<![CDATA[Age Verification Regulation in Social Media Platform Usage: Preventive Measures Against Online Child Sexual Violence ]]>
<![CDATA[Jamaludin, Ahmad]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1311
<![CDATA[The escalation of internet use in various age groups has resulted in an increase in the number of social media users from year to year, until at the beginning of 2023 there were 212.9 million internet users and 167 million social media users, equivalent to 60.4% of the total population, it is also known that around 87% of children in Indonesia have been introduced to social media before turning 13 years old. With easy access to the internet, perpetrators of sexual violence are increasingly adapting to exploit children's vulnerability, thus changing the dimensions of sexual violence that are increasingly directed at children. This phenomenon has made several developed countries adapt by implementing various approaches to prevent children from becoming victims of sexual violence in cyberspace. This research aims to obtain a complete picture of sexual violence against children facilitated by social media platforms, and find alternative policies to limit access to protect children from a series of vulnerabilities that can result in sexual violence in cyberspace. The research method used in this research is normative juridical. The results of the study found that if today's easy access to social media has made children more vulnerable to becoming victims of sexual violence in cyberspace, prevention with a criminal law and telematics approach should be carried out to prevent children from perpetrators of sexual violence. Indonesia has actually taken a proactive policy with the enactment of the Personal Data Protection Law, but it has not regulated provisions related to age limits and rules that require strict application of age verification for children accessing social media.]]>
<![CDATA[THE ESTABLISHMENT OF A VIRTUAL EMBASSY ACCORDING TO THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS: THE CASE OF BARBADOS’ METAVERSE EMBASSY ]]>
<![CDATA[Zhahira, Tsabita]]>;
<![CDATA[Christianti, Diajeng Wulan]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 1 (2023): Jurnal Bina Mulia Hukum Volume 8 Nomor 1 September 2023 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i1.1336
<![CDATA[Through years of practice, embassies are considered the pillar of the diplomatic system, which faced developments of methods recently heavily influenced by internet optimization. It is reflected in the growing practices of non-physical embassies that raised the issue of whether or not those practices are consistent with the embassy's function under diplomatic law. By using method of normative legal research, qualitative methodology, and descriptive and comparative methods, This paper argues the difficulties of the performance of diplomatic mission function by non-physical embassies through the dimensions of efficiency laid down under the object and purpose of the Vienna Convention on Diplomatic Relations 1961. It stands to prove the cumulativeness of the functions prescribed under Article 3 (1) of VCDR, arguing that the functions' performance is inefficient by only operating one or several functions. By this way of interpretation, the sole establishment of non-physical embassies, such as virtual embassies and especially metaverse embassies, is impractical due to their inability to perform several key functions of the diplomatic mission. It then clearly established that States cannot rely solely on establishing non-physical embassies and must seek alternative methods.]]>
<![CDATA[Legal Protection of Banks That Give Business Capital Credit Without Collateral ]]>
<![CDATA[Mahila, Syarifa]]>;
<![CDATA[Hariss, Abdul]]>;
<![CDATA[Maryati, Maryati]]>;
<![CDATA[Fauzia, Nur]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1361
<![CDATA[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.]]>
<![CDATA[Optimizing Village-Owned Enterprises as Legal Entities in Efforts to Enhance Cooperation and Asset Management ]]>
<![CDATA[Ikhwansyah, Isis]]>;
<![CDATA[Faisal, Pupung]]>;
<![CDATA[Trisnamansyah, Purnama]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1384
<![CDATA[Village-Owned Enterprises (BUM Desa) is a business entity that carries out business in the economic sector and/or public services. The status of BUM Desa is confirmed as a legal business entity in the Law on Job Creation. This article discusses efforts that can be made to optimize the legal entity status of BUM Desa after the enactment of the Law on Job Creation to increase cooperation and management of BUM Desa assets after the enactment of the Job Creation Law. The research method used is normative juridical, namely research based on legal sources and their findings. The research results show that first, determining the legal entity status of BUM Desa has implications for optimizing the intensity of cooperation with third parties. Clarity on the legal entity status of BUM Desa can optimize opportunities for BUM Desa cooperation with third parties, because third parties will feel more secure in collaborating with legal entities as legal subjects who have separate assets. Second, after the establishment of BUM Desa as a legal entity, it is necessary to manage BUM Desa assets separately from Village assets, based on the statutory regulations governing BUM Desa, Good Corporate Governance Principles, and internal regulations of BUM Desa, as well as cooperation agreements with third parties if the object of cooperation is BUM Desa assets.]]>
<![CDATA[The Implications of the Heir Determination on Heirs Died at the Time the Stipulation is Filed ]]>
<![CDATA[Vista, Pranedya Alinea]]>;
<![CDATA[Nugraheni, Destri Budi]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1415
<![CDATA[Proof of being an heir is required in the process of transferring the heir's inheritance. One proof of being an heir is the determination of the heir, who has the right to inherit by a religious court. However, there are disparities in the three judges decisions in determining heirs who have died when the decision is submitted. This article aims to analyze the basis for the judge's considerations in giving different positions to heirs who have died at the time the decision is requested, and the implications for the transfer of inheritance. This research is normative legal research by analyzing secondary data in the form of court decisions and supplemented by interviews with various sources. The research results were then analyzed qualitatively.The research results show that the judge relied on Article 174 KHI in determining heirs who had died when the application was submitted as heirs. This is appropriate, because it is in accordance with the concept of munashakah in jurisprudence, namely handingover the share of an heir who has died to the person who inherited it because he died after the testator and before the distribution of inheritance was carried out. Another determination does not determine an heir who has died as an heir because the heir is revealed by the heir's biological child. The implication of determining an heir for an heir who has died is that it is necessary to determine another heir for the heir who has died.This is because there are conditions that are not met for the inheritance process, namely the identity (KTP) of the heir who has died.died because there are requirements that are not fulfilled for the process of inheritance assets transfer.]]>
<![CDATA[Layout Design for Building Creative Industries in Digitalization Industries 5.0 in Indonesia ]]>
<![CDATA[Nurani, Nina]]>
<![CDATA[ Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024 ]]>
Publisher : <![CDATA[Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/jbmh.v8i2.1435
<![CDATA[DTLST (Integrated Circuits Layout Design) is an open-potential electro-semiconductor technology product developed to build creative industries by effectively protecting IPR as registration. Registration is presently not effectively used, with DTLST violations observed. This study examines the protective patterns of DTLST IPR in building creative industries in the 5.0 digitization industries in Indonesia. A normative juridical method was analytically used, with data collection techniques the literature study primary, secondary, and tertiary legal materials. The results showed that Law no. 32 of 2000 concerning DTLST provided advantages for designers because registration was conducted without a market potential test and affected the legal certainty guarantee of the registrant. However, the arrangement did not accommodate substantive examination, priority rights, and protection of the privilege of owners in good faith. This indicated the necessity for improvement by considering the philosophical factors of justice, balance, and democratic-juridical values regarding the binding power of the regulatory and sociological substance via the living law of the designer. Based on the results, collaboration was needed with the DTLST Office, government, private sector, and universities concerning the use and management of DTLST to build creative industries in the Industries 5.0 era in Indonesia.]]>
