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Jurnal Hukum Bisnis Bonum Commune
Published by Universitas 17 Agustus 1945 Surabaya
ISSN : 2622982X     EISSN : 26229668     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 99 Documents
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PENGAWASAN TERHADAP PERLINDUNGAN HUKUM KONSUMEN PERBANKAN OLEH OTORITAS JASA KEUANGAN DI KOTA PADANG Zulkifli, Zulkifli; Fauzi, Wetria; Pratama, Arya Putra Rizal
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5781

Abstract

Supervison against banking industry not only supervise by Supervision aouthority, nevertheless have to completely by internal dan discipline supervision. Nessecity about regulation colleration with bank supervision about conduct business supervision to focus safety consument as for client cause cheating dan unfair that possibility happen against conduct for businessmen in financial sector. Market conduct is businessmen behaviour in financial sector for design, arrangement,and giving a information, supplying, making a agreement to product and service and dispute settlement and complain help. Research result to explain so, protection against bank consument to basically with contract or agreement and law enforcement via litigation or non-litigation. After that, Implementation against law protection for consument steady to supervision if some financial aouthority have obstacle or difficult to improving a performance by standart parameter. And then, Human Resource in Financila Authority Republic of Indonesia have problem and also huge pressure in task of OJK in beside of micro prudential supervision and also Conduct Business Supervision
PENGEMBANGAN POTENSI PRODUKSI USAHA MIKRO, KECIL, DAN MENENGAH DI PONDOK PESANTREN MELALUI PENDAMPINGAN HAK KEKAYAAN INTELEKTUAL Hidayat Putri, Zora Febriena Dwithia; Ganindha, Ranitya
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5785

Abstract

Islamic boarding schools as one of the educational facilities are currently starting to develop their potential in the economic field by establishing business centers. Most of the businesses owned by pesantren are micro, small and medium scale enterprises (MSMEs). MSMEs are considered to play an important role in Indonesia's economic activities because most businesses in Indonesia are small businesses that absorb a lot of labor. However, significant developments in terms of quantity have not been accompanied by developments in terms of quality. The purpose of this study is to analyze the mapping of potential business products from Islamic boarding schools in Malang, analyze the obstacles faced by MSMEs in Islamic boarding schools in product innovation about ntellectual Property Rights. for MSMEs to increase production potential. This study employs Juridical Empirical research. The focus of this research is the protection of IPR for MSMEs in Islamic boarding schools in Malang. Based on the results of the study, it can be concluded that the potential of MSME products owned by Islamic boarding schools in Malang City is currently quite diverse, ranging from supermarkets which are not only limited to internal boarding schools but also for the surrounding community. This activity also opens up opportunities for opening up job opportunities for many people as well as providing entrepreneurial education for students. Given the enormous benefits, this potential needs to be continuously supported and developed from various aspects, one of which is in terms of guaranteeing legal protection for MSME products of Islamic boarding schools through IPR assistance. Constraints faced by MSMEs in Islamic boarding schools in product innovation in relation to Intellectual Property Rights include: lack of detailed understanding of legal protection for MSME actors; stages of trademark registration that are considered difficult. Management is considered to only be able to be done directly and cannot use an online mechanism so that it will require quite a lot of costs; and product exclusivity is not the main thing, business competition is not too tight. IPR protection for MSME products is needed to prevent ideas that are owned and then stolen and used by other parties. Some forms of IPR protection that can be given to MSME products in Islamic boarding schools are through copyright management, brand rights, and having trade secrets.
PENERAPAN PERSIDANGAN SECARA ELEKTRONIK DI PENGADILAN NEGERI SUMATERA BARAT Ulfanora, Ulfanora; Amelia, Dian; Aziz, Harry Azhar
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5792

Abstract

The Supreme Court stipulates Supreme Court Regulation Number 1 of 2019 in the context of reforming case administration and court proceedings to overcome service barriers in court, especially in the implementation of simple, fast and low-cost principles as well as demands for the development of the era of technology and information as well as the challenges of the Covid-19 pandemic. The application of this Supreme Court regulation also known as e-Court which is a service used for administration in the lawsuit process, simple lawsuits, rebuttal requests, payment of court fees, conducting court summons and notifications, trials, decisions, and legal remedies electronically. The results of the study explain that all District Courts in West Sumatra have implemented e-Court, minimized the occurrence of things that harm the parties, made the case process simpler, accelerated the period of the case and suppressed the expenditure of court fees in accordance with the simple, fast and low-cost principle. However, in practice, there are main problems, namely the lack of Human Resources in the use of technology and information.
PERLINDUNGAN HUKUM TERHADAP PENGUSAHA KERAJINAN TENUN SEBAGAI PENDORONG PEREKONOMIAN SUMATERA BARAT Andalusia, Andalusia; Nurfirmansyah, Nurfirmansyah
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5793

Abstract

Songket Weaving is one of the local cultural wisdoms for cloth products that have distinctive characteristics from West Sumatra. In fact, in the field, the benefits of songket woven fabric will become a regional characteristic so that it can increase the presence of products from West Sumatra, both nationally and internationally. The process of preserving the uniqueness and wisdom of local culture certainly requires optimization from the parties. Registration of Trademarks and Geographical Indications is very important to protect traditional products in each region. Intellectual Property Rights regulate Trademark Rights and Geographical Indications where the number of handicraft products from the region is countless. This legal research method is Juridical Empirical with descriptive and analytical approach. The results of this study are that the protection of West Sumatran songket handicraft business actors has been registered since 2018 on songket weaving from Silungkang, Sawahlunto. But the woven fabric from Balai Panjang, Payakumbuh is still registering the motif through copyright. Second, the role of the Regional Government continues to encourage the wisdom of local business actors through socialization, promotion, education, to registration with the Director General of Intellectual Property Rights so that no other party can admit it without the permission of the trade right holder. Such as the establishment of a woven fabric center in Balai Panjang, Payakumbuh and the existence of SK No.188.45/37/WAKO-SWL/2019 as a supervision of silungkang woven fabric products on the geographical indication rights
KEDUDUKAN AD/ART PARTAI POLITIK DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN TERKAIT KEWENANGAN UJI MATERIL OLEH MAHKAMAH AGUNG Satriawan, Hera Alvina
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.5849

Abstract

Association/Articles of Association is a written regulation made by a political party and contains matters as regulated in Article 2 Section (4) of Constitution no. 12 of 2011. The important role of political parties of Association/Articles of Association in regulating and directing the sustainability of a political party to ensure the implementation of a fair democracy has now changed. Political parties that have to act on behalf of the people but now only fight for the interests of the elites in political parties, so currently many conflicts occur solely to seek power. One of these conflicts is related to Association / Articles of Association which contradicts the Constitution and higher laws and regulations. Therefore, there is a legal vacuum regarding the institution authorized to examine the Association/Articles of Association of political parties. In this study, the author will examine the position of Association/Articles of Association of political parties in the hierarchy of legislation and whether the Supreme Court has the authority in testing AD/ART of political parties. The method of this study is normative law approach method by using statute approach and concept approach, then review and analyze using the law interpretation method. The result of the study is the Association/Articles of Association of political parties are not included in the hierarchy of laws and regulations as regulated in Article 7 of Law no. 12 year 2011. But the Association / Articles of Association of a political party can be categorized as a legal regulation based on Article 8 section (1) and section (2) of Law No. 12 of 011 and the implications of Association/Articles of Association’s classification as a piece of legislation then gives authority to the Supreme Court to examine the Association/Articles of Association of political parties.
REFORMULASI HUKUM TENTANG HAK GUGAT BAGI PEMEGANG SAHAM DIBAWAH 1/10 Ansory, Wachid Aditya; Nasution, Krisnadi
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.6041

Abstract

This journal is entitled "Legal Reformulation of Actions Right Against Under 1/10 Shareholders”. The method of approach used in this study is normative legal research, which is a study that mainly studies the rule of law, principles of law, and legal theory/doctrine. This research was also conducted using the statutory approach and the conceptual approach, which is related to the responsibility of the Director against Limited Liability Company Loss caused by the Director Fault and legal protection of Under 1/10 Shareholders Against Loss of Limited Liability Company Caused by The Director Fault.
URGENSI PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI PEMINJAM DALAM LAYANAN APLIKASI PINJAMAN ONLINE Kusuma, Oktaria Wim; Rosando, Abraham Ferry
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.6087

Abstract

The flow of globalization is increasingly experiencing rapid development. The presence of online loans as a form of financial technology (fintech) is the impact of technological advances and many offer loans with easier and more flexible terms and conditions compared to conventional financial institutions such as banks. Personal data breaches have occurred in the RupiahPlus case. RupiahPlus is an application-based online loan provider. In this case, some of its customers have complained that their personal. data has been disseminated by RupiahPlus without notification and the permission of the owner of the personal data. Dissemination of personal data is carried out by sending messages to all telephone contacts owned by the borrower, where the message contains the borrower's personal data, the amount of debt borrowed, and notifies the person concerned to make debt payments from the borrower. This study uses Statute approach to study the synchronization of campus regulations regarding the prohibition of the use of the veil with the applicable laws and regulations so that later it produces a descriptive conclusion. The right to personal data protection is a right that has been guaranteed by laws and regulations, especially regulated in the provisions of POJK NUMBER 77 / POJK.01/2016 Article 26 letter a, so that financial services business actors are required to comply with the personal data of consumers who use online loan application services. The repressive legal protection that can be done by consumers who are victims of misuse of personal data by online loan business actors is to file a lawsuit against the law based on Article 1365 of the Civil Code to issue compensation from the consumer.
RESENTRALISASI PERIZINAN BERUSAHA PERTAMBANGAN MINERAL DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Sanduan, Akbar Prasetyo
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.6098

Abstract

The division of concurrent government affairs in terms of licensing of mineral and coal mining businesses in their development has been degraded as a result of the establishment of Law No. 11 of 2020 concerning Job Creation. The reduced concurrent government affairs illustrate the desire of the central government to decentralize government affairs, even though ideally the authority to distribute concurrent government affairs is an authority that should be the jurisdiction of local governments. This research is legal research. The problem approach used to answer the legal issues of this research is the statutory approach, which is an approach that uses statutory regulations. Next is the conceptual approach used to examine and analyze the framework of thought, conceptual framework, or juridical basis. From the approach used, the researcher can use an analytical knife in finding answers to the legal issues of writing this thesis. Based on the analysis of legal materials, it can be concluded that the recentralization of licensing arrangements conflicts with the principle of Regional Autonomy because First, there is a conflict of norms against the provisions in Article 18 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Second, it is not under the principle of division of affairs. Governance, namely accountability, externalities, efficiency, and national strategic interests. The suggestion that can be given is that the DPR together with the President revise Article 402 A of Law No. 11 of 2020 concerning Job Creation which in this provision is contrary to the principle of regional autonomy.
Jurnal Hukum Bisnis Bonum Commune Daftar Isi, Redaksi Dan
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

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Analisis Status Badan Hukum Badan Usaha Milik Desa Dengan Berlakunya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja dan Peraturan Pelaksananya
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 2 Agustus 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i2.5706

Abstract

Badan Usaha Milik Desa (BUM Desa) adalah salah satu tonggak perekonomian desa yang berfokus pada kepentingan dan kesejahteraan masyarakat, terutama dalam hal penyediaan pelayanan sosial. Dengan berlakunya Undang Undang No.11 Tahun 2021 tentang Cipta Kerja, status hukum BUM Desa yang sebelumnya adalah badan usaha menurut Undang Undang Nomor 6 Tahun 2014 tentang Desa, diubah menjadi badan hukum. Berdasarkan amanat dari UU Cipta kerja, pengaturan BUM Desa juga kemudian dituangkan secara lebih rinci dalam Peraturan Pemerintah Nomor 11 Tahun 2021 tentang Badan usaha Milik Desa. Penelitian hukum ini hendak menganalisis status badan hukum BUM Desa pasca diundangkannya peraturan perundang-undangan yang baru. Didapatkan adanya celah hukum dalam peraturan perundang-undangan terkait BUM Desa, baik dalam Undang-Undang, Peraturan Pemerintah, maupun Peraturan Menteri, yakni dalam hal ketentuan pajak, pemeringkatan BUM Desa, dan sanksi.

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