JURNAL ILMIAH LIVING LAW
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year.
The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
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DUALISM OF AUTHORITY ON ISLAMIC BANKING DISPUTE SETTLEMENT
wahyudi, heru
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.129
This study aims to look at how the impact of the presence of two authority to adjudicate Islamic banking disputes, the religious courts to the publiccourt. The author conducted research normative juridical law by using four approach, tha it statute approach, conseptual approach, case approach and comparative approach. The results showed that the Islamic personality principle contained in the Act No. 3 in 2006 did not conflict with the principle of pacta sunt servanda as set forth in the Act No. 21 of 2008 in terms of the options granted by law to choose the country as a judicial dispute resolution forum of Islamic banking. Authority to examine, decide, and resolve disputes Islamic banking is the absolute authority of the courts within the Religious Courts.
PERLINDUNGAN HUKUM PEMEGANG POLIS DALAM HAL PAILITNYA PERUSAHAAN ASURANSI
wiarti, watty
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.163
This research aims to identify and analyze how the legal protection of policyholders and how to balance the legal protection of creditors, debtors and society. The author uses the method of juridical and normative research uses a qualitative approach, the findings and analysis will be prepared with descriptive approach. The results showed that the institution of bankruptcy in Indonesia in the legal protection of creditors, debtors and society, yet can accommodate a comprehensive settlement of disputes bankruptcy. This study suggests that the principles of good corporate governance is characterized by fairness and justice, transparency or openness, accountability, and responsibility, to be used as input in the relevant reform legislation relating to business law, particularly insurance and bankruptcy law.
KEPASTIAN HUKUM JAMINAN ALAT BERAT SEBAGAI OBJEK FIDUSIA
Vemil, I Kadek
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.134
The purpose of this study was to determine how the principle of legal certainty as an effort to provide legal protection to creditors who receive heavy equipment as collateral to secure loans and how the execution of fiduciary against the heavy equipment. The approach used in this study, namely: normative juridical, which is conceived as the norm of law, rules, principles or dogmas. Juridical sociological (empirical), namely the law as a symptom of society, as a social institution or patterned behavior. The results show there has been a difficulty of the Fiduciary Receiver to execute fiduciary Fiduciary when givers are in default, as the de facto objects into an object Fiduciary it is still in control of the Borrower and fiduciary objects already in the possession of third parties that has nothing to do with the agreement.
PERLINDUNGAN NORMA PENGUPAHAN DALAM PERSPEKTIF KEJAHATAN KORPORASI
Santosa, Andry
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.524
This study aims to determine how the protection of wage norms and also what kind of offenses committed by employers and how the efforts to resolve it. Corporate responsibility in the field of protection of wage norm of cases of criminal acts that violate the provisions of paying wages below the Provincial Minimum Wage (UMP) or Minimum Wage Regency / City (MSE) was only applied to the organs of the management corporation (company), like leadership company (Director) who carries on business in the corporate everyday. This shows that corporate criminal responsibility in the field of wage protection can not be applied so that the need to change the attitude of the judiciary that the corporation may also be responsible for acts committed by the corporation itself persoon. Given the existing criminal provisions in employment in the form of sanctions of imprisonment and / or fines.
PEMBAJAKAN KARYA JURNALISTIK DI MEDIA INTERNET PIRACY OF LOURNALISM WORK ON INTERNET MEDIA Dwi Djauhartono,
Jauhartono, Dwi
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.144
This study aims to identify and analyze how the concept of the protection of journalistic work, how to setup and protection of works of journalism in online media, and how to dispute settlement piracy and journalistic work through online media. Methods of legal research conducted by normative considerations that the starting point of the analysis in terms of research methods and steps that can be taken to combat piracy of copyright infringement in relation to the work of journalism. The results of this study see the concept of the legal protection of journalistic work, there should be specific legislation governing the work of journalism in online media, because the present arrangement was scattered in several other laws that are less specific set. Settlement of disputes when piracy journalistic work through online media, can be done with two (2) lines, i.e lines in criminal and civil law.
REDISTRIBUSI TANAH MENUJU PENGUASAAN TANAH YANG BERKEADILAN
Broto, subroto
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.539
The goals to be achieved in this research is to study and analyze how the transition arable land rights on ex leasehold land, to study and analyze the impact arising from disputes over land arable land in the former concession , to determine and analyze the arable land in dispute resolution above ground with the perspective of ex leasehold land redistribution . The method used is empirical juridical, juridical approach is used as a baseline in the form of rules relating to the rights and land acquisition, while the empirical approach used to analyze how the process of the issues raised. Settlement of land disputes are often detrimental to the community , the need to encourage settlement through land redistribution. This is the answer to the problem of inequality emerging agrarian structure , poverty , food security and rural development . Land redistribution as a development strategy and is expected to step in solving the fundamental problems and at the same time able to realize a more equitable life together.
PENEGAKAN HUKUM KEJAHATAN KORPORASI DI SEKTOR PERBANKAN
Zein, Masnur
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.145
Purpose of this research is how to tackle corporate crime in the banking company. Such identification will be investigated by the method of juridical and juridical comparative method. The results of this study indicate that the application of criminal sanctions against the perpetrators of crimes in the banking corporation is to apply criminal sanctions principal and additional penalty. Efforts are being made to combat corporate crime in the banking sector, namely the penal and non-penal efforts. Penal effort applied in the formulation and execution stages, whereas preventive measures or non-penal supervision and oversight of the efforts of the banking industry where efforts can be issued through the provisions of the decree and circulars, instructions, guidance and direction.
TINJAUAN HUKUM ATAS CLICK WRAP AGREEMENT PADA KONTRAK BAKU ELEKTRONIK TERKAIT TRANSAKSI ELEKTRONIK
santoso, edy
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.529
Nowadays, the development of technology information has tremendous impact on aspects of cultural, economic, social and legal. In the area of business transactions, for example, a signature is a common form of agreement in the purchase agreement. Today, it has been changed; the form agreement was made so simple by âclickâ only through using "click warap agreement" to indicate approval of the contents of the standard online agreement. It is recognized as a form of discovery of a finding law in the area of purchase agreement, which needs to be studied whether against the law in Indonesia or not. Therefore, this paper examines the legal review of click wrap agreement on the online agreement in e-commerce transactions under Indonesia law
ACCOUNTABILITY OF PRIVATE UNIVERSITY TAX MANAGEMENT THROUGH THE IMPLEMENTATION OF GOOD UNIVERSITY GOVERNANCE PRINCIPLE
hambani, susi
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.124
The Implementation of Good University Governance Principles for private universities facing several obstacles in the term of tax accountability, regarding that private university is not the tax subject but the foundation as the organizer that become the subject to the tax. The establishment of private universities governed by Law No. 12 year 2012 on Higher Education, which is stated that private university is a college that established and / or organized by the society by establishing a legal organizing board as a non-profit legal entity, such as foundation. So, based on that regulation, the rule requires that private university does not stand alone as a legal entity, without a foundation as the organizing board.This study is a descriptive analysis research using normative juridical approach and Empirical Juridical Review. The results showed that the tax obligations of private universities are withhold, deposit and report taxes conducted on behalf of the founders of the foundation. Accountability requires that the university should be able to account for the whole process of implementation of the university to all stakeholders, both internal and external, especially in the general society.
PENERAPAN HUKUM ASURANSI DALAM PERJANJIAN ASURANSI KENDARAAN BERMOTOR
tarto, sutarto
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida
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DOI: 10.30997/jill.v7i1.150
Purpose of this study is to analyze the legal liability insurer for the loss suffered by the insured in motor vehicle insurance and legal consequences arising in motor vehicle insurance agreement. The author uses a normative juridical research method, the law conceived as norms, rules, principles or dogmas. The results of this study indicate legal liability insurer for the loss suffered by the insured in motor vehicle insurance, namely the right to make demands on the underwriting third party to incur losses when the insured has received a claim for damages and legal consequences arising in motor vehicle insurance agreement is an agreement vehicle that has been made between the insured to the insurer may be canceled by the insurer.