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JURNAL ILMIAH LIVING LAW

livinglaw
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Published by Universitas Djuanda Bogor

ISSN : 20858078 EISSN : 25501208 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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.

Arjuna Subject : -

Articles 208 Documents

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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 PERLAWANAN PELAKSANAAN ATAS EXECUTORIAL TITEL HAK TANGGUNGAN PADA PENGADILAN NEGERI Yosua Rinaldi
JURNAL ILMIAH LIVING LAW Vol. 8 No. 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The Implementation Execution Mortagage Rights must be done to get the rest of the repayment of bank debtors. The mortgage becomes obstructed and delayed which will take tiume, effort and cost for the bank. Indefication of this research are: 1) what are the capacities executorial title associated with the determination of the Chairman of the District Court?; 2) How constraints execution executorial title by Deed of Encumbrances Encumbrance (APHT)?; 3) How does the concept of synergy with the implementation of civil law executorial title in execution of the security rights? The method used in the research is normative juridicial approach, the law conceived as norms, rules, principles or dogmas or jurispudence. The results of this research are: 1) Execution of Confiscation of secure inherent rights of dependents basically be required not longer, because the implementation of the confiscation of execution in the execution of a security interest to elimate the spirit of the mortgage; 2) Constraints execution executorial title by Deed of Encumbrances Encumbrance (APHT) is the existence of a lawsuit resistance from lender a security interest; 3) The enactment of Act Mortgage has made it clear that the execution parate not longer needed by the District Court.

PERLINDUNGAN KONSUMEN ATAS BARANG YANG TIDAK SESUAI DENGAN PERJANJIAN DALAM PERDAGANGAN ELEKTRONIK DIKAITKAN DENGAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK Herlin Setiani; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The purpose of this study are: 1) To know and analyze the legal protection of consumers on goods that are not in accordance with the agreement in electronic commerce and 2) the responsibility of business actors in providing compensation for goods that are not in accordance with the agreement in electronic commerce . The research method used is normative juridical research that performs a qualitative approach that sees and analyzes the legal norms in the existing legislation. The results are: 1) Consumer protection of goods is not in accordance with the agreement in electronic commerce, which can be carried out by filing a default, for legal reasons not fulfilled the obligations of business actors in the electronic agreement. The non-fulfillment of this obligation means that there has been a violation of the rights of the other party (the buyer) and the legal consequence is causing the loss, 2) The responsibility of business actors in giving compensation for goods not in accordance with the agreement in electronic trading has not been regulated specifically in UUPK and UU ITE, but principally business actors may be held liable in electronic transactions through contractual liability relating to the loss suffered by consumers.

DAMPAK PERSAINGAN USAHA ANTARA INDOMARET DENGAN ALFAMART TERHADAP PEDAGANG TRADISIONAL DITINJAU DARI PERSPEKTIF HUKUM PERSAINGAN USAHA Tini Kartini
JURNAL ILMIAH LIVING LAW Vol. 8 No. 1 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Recently, there consists a rapid growth of Indomaret and Alfamart. so that effects the existence of traditional traders. Research objectives are as follow; firstly, to understand and to analyze the effect of competition between Indomaret and Alfamart toward the existence of traditional traders. Secondly, to understand and to analyze the government’s effort to redeem the effect. Research methodology which used is the combination of normative law research and empirical law research methodologies. Research outcomes are as follow; firstly, the negative effect is the traditional traders suffer turnover decline which subsequently lowers their profits.. On the contrary, the positive effect is the competition stimulates the traditional traders to improve the qualities of their products, service, facilities as well as innovation so they could have competitive abilities; the traditional traders could create employment for other micro business scheme to endeavor those of UMKMs. Secondly, the government’s effort to redeem the effect of competition between Indomaret and Alfamart toward the existence of traditional traders, is the policy of local regulation which specifically regulates licensing, localizing, and zone along with the analysis of social-economic of local society, including the existence of traditional traders.

KEPASTIAN HUKUM PENYELESAIAN SENGKETA KONSUMEN OLEH BPSK DIKAITKAN DENGAN UPAYA KEBERATAN syakilah syakilah
JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i2.116

Penelitian ini bertujuan untuk mengetahui bagaimana prinsip penyelesaian sengketa konsumen di Badan Penyelesaian Sengketa Konsumen (BPSK) dan kepastian hukum putusan sengketa konsumen melalui Badan Penyelesaian Sengketa Konsumen. Metode Penelitian yang digunakan adalah metode Yuridis Normatif dengan pendekatan kualitatif, yaitu melakukan penelusuran terhadap norma hukum yang terdapat dalam peraturan perundang-undangan dan Putusan Badan Penyelesaian Sengketa Konsumen, Putusan Pengadilan Negeri dan Mahkamah Agung, untuk memperoleh data pendukung dilakukan wawancara dengan anggota BPSK. Hasil penelitian yang diperoleh ternyata dengan adanya upaya keberatan kasasi dan peninjauan kembali atas putusan Badan Penyelesaian Sengketa Konsumen dan lambatnya prosedur administrasi maka penyelesaian sengketa konsumen melalui BPSK tidak lagi efektif, serta kepastian hukum putusan BPSK menjadi terkendala karena putusan Badan Penyelesaian Sengketa Konsumen tidak lagi bersifat final dan mengikat. disarankan agar Undang-undang Perlindungan Konsumen direvisi dan prosedur baku dalam proses penyelesaian sengketa konsumen, agar tujuan untuk memberikan perlindungan konsumen sebagai upaya menjamin adanya kepastian hukum dapat terwujud.

CONSOLIDATION OF URBAN LAND FOR THE CONSTRUCTION OF HOUSING FOR LOW INCOME COMMUNITIES (LIC) IN THE CITIES OF BOGOR AND DEPOK R. Yuniar Anisa Ilyanawati; Sudiman Sihotang
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Low Income Communities here in after abbreviated to LIC (MBR) is a society which has a limitation of buying power so need to get government support to acquire the home. According to the World Bank, that society with spending US Dollar 2-20 per-kapita per-day, it can be put into the category of Low Income Communities. In other words, at least the community expenditure of approximately Rp.798.720,- (Seven Hundred and Ninety-Eight Thousand Seven Hundred Twenty Rupiah) per-kapita per-mounth (exchange rate 1 US Dollar=Rp.13.312,- per-February 2017). Therefore, there needs to be the response to the problem of the provison of land and housing for the MBR. An alternative solution is to implement a mechanism to Land Consolidation in urban areas, especially for the MBR. In the implementation of land consolidation in Indonesia, it is not easy and even still there are some people who still lay, particularly for some of the MBR. The need for wider dissemination of the urban consolidation in particular to establish a housing for MBR, such as some of them in the cities of Bogor and Depok. Therefore, to know and analyze the research, the methods used are methods of Juridical Normative approach that is conceptualized as legal norms, rules, principles, or dogmas by using studies library (study of the literature) but all are necessary, can be done interview, to complement the study of librarianship. As found on the city of Bogor and Depok, regarding the implementation of the Land Consolidation in urban for housing development of MBR it still unable to realize the intenstions, goals and objectives towards the implementation of the land consolidation, especially in an attempt to defend and protect even the enhance the welfare of peoples lives especially the MBR. Land consolidation model for providers of land for development policy the MBR in Bogor and Depok could be done with appropriate legal solutions through the early stages of the implementation of the model in the form of Land Banking can make PERUM PERUMNAS as Land Bank to gather and manage the availability of land running mates in order to compensate for the fulfillment of a need for housing for the MBR in Cities of Bogor and Depok.Keywords: Land Consolidation, Housing, Low Income Communities (MBR)

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

DUALISM OF AUTHORITY ON ISLAMIC BANKING DISPUTE SETTLEMENT heru wahyudi
JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | 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 TERHADAP KONSUMEN PERUMAHAN REAL ESTATE BERBASIS BROSUR Anton Suharmiko
JURNAL ILMIAH LIVING LAW Vol. 8 No. 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Housing developer of royal tajur offer many types and kinds of home, the developer began to make an offer-based marketing brochure. In the field of consumers when transactions are received many shortcomings such as in the brochure. The deficiencies include housing incompatibility with what is shown in the brochure. It is very necessary to make the protection of both the law and to the consumer that is based brochure. Identification of this research include of implementation of housing purchase agreement between developer and consumer brochures based, disputes between consumers and developers, and settlement of disputes between consumers and developers. The method used in this research is normative juridical approach, the law conceived as norms, rules, principles or dogmas/jurisprudence. Results of this research are: 1) In the execution of a purchase agreement between the developer housing with consumer-based brochures, developers enforce standard contract (standard contract) in any binding agreement buying and selling homes; 2) The occurrence of disputes between consumers and developers, which is the responsibility of the developers when consumers are harmed in a binding sale and purchase agreement; 3) Settlement of disputes between consumers and developers, namely consumer attitudes toward default action/omission of the developer resulting in losses for the consumer to make a complaint to the competent institutions in the protection of consumers, namely BPSK still very minimal.

ANALISIS YURIDIS KASUS PEMBOBOLAN REKENING PADA BANK MANDIRI ISTIQLALIYAH TRI UTAMI; MUHAMMAD TAUFIQ
JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The identifications of this research are: 1) How did the customer's account break into the Depok Branch of Bank Mandiri ?; 2) What is the bank's responsibility towards the customer who is a victim of a Bank Mandiri Depok branch burglary? The research method used in this study is a normative juridical approach, namely law is conceived as a norm, rule, principle or dogmas / jurisprudence. The results of this study are: The form of corporate responsibility according to the law in an effort to provide protection for customers who have suffered losses on funds in their accounts can be done in non-litigation and litigation. Non-litigation reports to Indonesian banking mediation institutions, while litigation is through the court. Suggestions for this research, namely: 1) There needs to be a guarantee that means for customers who have entrusted their funds to banks; 2) The government must pay more attention to the activities of banks, especially for Bank Indonesia as a supervisor and supervisor of banking activities so that in this case the bank is more responsible.

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JURNAL ILMIAH LIVING LAW

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livinglaw@unida.ac.id

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livinglaw@unida.ac.id

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Kota bogor,

Jawa barat

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