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INDONESIA
Selisik : Jurnal Hukum dan Bisnis
Published by Universitas Pancasila
ISSN : 24604798     EISSN : 26856816     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice
Jurnal Selisik merupakan media yang diterbitkan oleh Program Magister Ilmu Hukum Sekolah Pasca sarjana Universitas Pancasila. Pada awal berdirinya Jurnal Selisik dikhususkan pada ragam gagasan hukum dan bisnis. Hal ini tidak lepas dari pengkhususan program studi di PMIH, yakni Hukum Dan Bisnis. Sejalan dengan perkembangan dan pengembangan PMIH, yakni dibukanya program studi baru mengenai Hukum Konstitusi dan Tata Kelola Pemerintahan, maka tema dan fokus Jurnal Selisik juga mengalami perluasan, diantaranya Hukum, Bisnis, Hukum Konstitusi dan Tata Kelola Pemerintahan sebagai basis susbtansi kajiannya.
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Articles 10 Documents
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Search results for , issue "Vol 8 No 2 (2022): Desember 2022" : 10 Documents clear
PENEGASAN EKSISTENSI KEPUTUSAN TATA USAHA NEGARA YANG TIDAK DAPAT DIJADIKAN OBJEK SENGKETA PADA PENGADILAN TATA USAHA NEGARA MELALUI PENGUNDANGAN UNDANG-UNDANG NOMOR 2 TAHUN 2020 Indah Mutiara Sari; Anna Erliyana
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4481

Abstract

The promulgation of Article 27 paragraph (3) of Law Number 2 of 2020 adds to the precarious atmosphere of the pandemic that has occurred since 2020. The law that was present with the aim of providing procedures for implementing government actions in dealing with this pandemic turned out to have brought many questions from the general public regarding the interests of the general public. The political party that accompanies the promulgation of the law is because it is considered to provide immunity to state administrative officials against policies that will be issued as an effort to handle the COVID-19 pandemic because it is not an object of state administration. This research comes with several fundamental questions such as why the law legitimizes the existence of state administrative decisions that cannot be the object of a lawsuit at the state administrative court and how the general principles of good governance can be guaranteed to be implemented if the transformation of state administrative policies into the object of the state administrative dispute is removed. This research is based on normative juridical research methods
ANALISIS YURIDIS AKIBAT HUKUM WANPRESTASI PADA PERJANJIAN PEMBIAYAAN DENGAN JAMINAN FIDUSIA (Studi Kasus Putusan Nomor: 13/Ptd.G.S/2021/PN.BDG) Utami Yustihasana Untoro; Taufik Akbar Maulana; Tarmudi
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4482

Abstract

As the times progressed, so did human needs. So to fulfill this desire there is another way to do that is by borrowing debt. Over time, loan agreements do not always run smoothly. The existence of negligence or breach of contract (default) caused by one of the parties bound by the agreement creates legal consequences. Main issues (1) What are the judges considerations in dealing with default cases in financing agreements with fiduciary guarantees (case study of decision No. 13/Ptd.G.S/2021/PN.BDG) (2) What is the form of default in the financing agreement with fiduciary guarantee in decision no. 13/Ptd.G.S/2021/PN.BDG? The research method uses a case approach and normative juridical. Analysis, the form of default in consumer financing agreements with fiduciary guarantees in the decision Number: 13.Pdt.G./2021/PN.BDG, it was found that Mr. Muhamad Murmansyah as Defendant I and Ms. Delinda Zahra Zenita as Defendant II was legally proven to have committed a form of default. The Defendants committed acts of default in the financing agreement with fiduciary guarantees. The judge’s consideration in handling the default case in the financing agreement with fiduciary guarantees in the decision Number: 13.Pdt.G./2021/PN.BDG, has adhered to the principle of justice in adjudicating this case. The Panel of Judges has researched, examined carefully and investigated all actions, events, evidence and legal facts in the case files of this case. So it was found that the Defendants were indeed proven to be legally and actually violated Article 1238 of the Civil Code concerning Defaults in conjunction with Article 1243 of the Civil Code concerning compensation for losses and costs for the resulting legal consequences. The amount of compensation that must be paid by the Defendants is only Rp. 156,027,753 (one hundred fifty six million twenty seven thousand seven hundred and fifty three rupiahs)
APLIKASI PORTAL PERLINDUNGAN KONSUMEN (APPK) OTORITAS JASA KEUANGAN PENAJAMAN ASPEK PERLINDUNGAN PADA SISTEM JASA KEUANGAN Bernadetta Tjandra Wulandari
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4483

Abstract

The financial industry has a major role in supporting development and the country’s economy as well as placing the consumer community using financial services as the party who holds an important position in it. Aspects of trust and efforts to protect consumers of financial services are points that need attention and are constantly being pursued in order to increase trust in Financial Services Businesses and their products (market confidence), thus indirectly maintaining the sustainability of the financial industry itself. The financial services industry, which generally utilizes high technology, has a large potential for harm to consumer users which then leads to legal disputes. Efforts to resolve the dispute will have a different dimension if it is carried out through legal channels which are generally taken, namely through the courts, compared to settlement through out-of-court settlement mechanisms. The nature of the judiciary with all its characteristics is seen as not meeting the efficiency aspect for consumer disputes. Therefore, a quick, low-cost and short settlement is considered more appropriate for consumer dispute cases. Complaint handling and dispute resolution mechanisms that are effective and efficient on the one hand will strengthen consumer protection and on the other hand, in addition to supporting the development of the financial services sector, will also increase and improve the welfare of consumers and society
ASPEK HUKUM PENJUALAN MINERAL IKUTAN BERUPA PASIR KUARSA OLEH PERUSAHAAN PEMEGANG IUP OP TAMBANG KAULINE Sudaryat
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4484

Abstract

Mineral mining activities, both metallic and non-metallic minerals, generally produce main minerals and associated minerals. The amount of the main mineral with associated minerals varies depending on the mineral itself. For nonmetallic minerals in the form of kauline as the main mineral and quartz sand as an accompanying mineral, the percentage is 30 percent compared to 70 percent. The amount of associated minerals of quartz sand is more than that of kauline as the main mineral. Due to this fact, miscommunication often occurs which leads to disputes regarding the rights of mining companies to certain types of non-metallic minerals, namely kauline with a mineral as a by-product in the form of quartz sand, between mining companies and communities around the mine represented by local NGOs and their solutions. The results of the study were analyzed using a qualitative juridical method. The results showed that the holder of the IUP OP of the Kauline Commodity has the right to sell quartz sand as a byproduct after conducting a feasibility study and paying a production fee as stated in Article 59 of the Minister of Energy and Mineral Resources Regulation No. 7 of 2020. If there is a difference of opinion regarding the sale of quartz sand as a co-mineral between the NGOs around the mine representing the voices of the community around the mine and the company holding the IUP OP, efforts should be made to resolve the dispute outside the court in the form of consultations with the Ministry of Energy and Mineral Resources, negotiations between the companies holding the IUP OP and NGOs and if not achieved, proceed with mediation involving the local government as a mediato
ASPEK HUKUM PIDANA PENAGIHAN UTANG PINJAMAN Online ILEGAL OLEH Desk collector YANG MENYEBARKAN KONTEN PORNOGRAFI BERDASARKAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK Wening Novridasati; Armansyah
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4485

Abstract

There a lot of illegal fintech applications that are unsettling, the desk collector uses methods to collect the debt by abusive, tend to be threatening, inhumane, and contrary to the law, causing victims whose impacts can be felt both psychologically and physically, or contain moral content that spread pornography content , there were some victims who were ended their lives, and victims did not get their rights. The problems examined is the criminal liability desk collectors illegal online loans in collecting debt according to the Electronic Information and Transaction Law, and regarding protection against victims of illegal online loan collection contain moral content. This research used a normative juridical method with statutory approachment. The data sources used in this study are secondary data that analyzed qualitatively. The results obtained by this research are that the acts carried out by the desk collector in collecting debts violate the Article 27 Paragraph (1) of The Electronic Information and Transaction Law, besides that both of them can be asked for criminal liability using strict liability patterns which is charged to the desk collector and can also use the vicarious liability pattern which is charged to the company management (directors), but the form of criminal liability is only borne by the desk collector individually. And victims entitled to get restitution as a form of protection against victims of illegal online loan collection, but the victim was only a witness in the real and did not receive the victim’s right
ASEAN Comprehensive Investment Agreement SEBAGAI PEDOMAN DALAM KEBIJAKAN PENANAMAN MODAL DI INDONESIA Farhan Abel Septian Rachmadani
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4487

Abstract

Investment has a significant role in the economic development of developing countries. The countries must create a conducive investment ecosystem to attract investors, such as economic opportunity, political stability, and legal certainty. As a member of the ASEAN, Indonesia ratified the ASEAN Comprehensive Investment Agreement through Presidential Regulation no. 49 of 2011 concerning the Ratification of the ASEAN Comprehensive Investment Agreement on August 8, 2011. The ASEAN Member States agreed to enforce ASEAN Comprehensive Investment Agreement as a manual of legal protection for ASEAN investors to invest in the ASEAN Member States. Therefore, it is necessary to look at the readiness of national law to carry out progressive investment liberalization
TELAAH PEMBUKTIAN TERBALIK TINDAK PIDANA PENCUCIAN UANG DALAM PROSES PERADILAN Hudi Yusuf; Istiqomah; Fatrulah Puspita Sari
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4492

Abstract

Money laundering or money laundering is simply defined as a process of making the proceeds of crime or referred to as dirty money, for example the proceeds from drugs, corruption, tax evasion, gambling, smuggling and others, which are sought or transformed into a form that looks legitimate for safe use. Indonesia only criminalized money laundering in April 2002, with the promulgation of Law Number 15 of 2002 concerning the Crime of Money laundering, which was later revised by Law Number 25 of 2003. After that, in 2010, the anti-money laundering provisions were revised again with Law Number 8 of 2010. Law on money laundering crimes. the crime of money laundering has different characteristics from other types of crime in general, especially that this crime is not a single crime but a double crime. The law on the crime of money laundering does not provide a definite definition regarding the crime of money laundering whether it is a further offense or an independent one, this has arisen in academics and activation law regarding the crime of money laundering whether it is an independent or a further offense. The formulation of the articles that form the basis of these violations are Article 3, Article 4, Article 5 and Article 69 of the crime of money laundering. The type of research conducted is normative research, the approach used is the statutory approach and the conceptual approach, the legal materials used come from the literature, journals and invitation regulations, data collection techniques are using document studies, analysis of legal materials is by using protection . The conclusion that the crime of money laundering is a follow-up criminal act, meaning that the money laundered by the perpetrator is none other than a predicate crime, so that a money laundering crime can occur without being preceded by a predicate crime
PENDEKATAN KEADILAN RESTORATIF TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM Edy Tarsono
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4493

Abstract

The conditions experienced by Indonesian children at this time are not in accordance with the expectations of parents in general. In a number of criminal cases, not least involving children. Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, was formed as one of the efforts to foster and protect in the framework of guaranteeing the physical, mental and social development of children, wholly harmonious and balanced. In Article 69 of the SPPA Law, it is stated that children are only sentenced or subject to action based on the provisions of the criminal justice system for children and children who are not yet 14 (fourteen) years old are only subject to action. what happened then can be used as a basis for the judge’s consideration, not to impose a sentence or take action by considering the aspects of justice and humanity. The problem is in fulfilling restorative justice as a settlement of criminal cases involving perpetrators, victims, families of perpetrators or victims, and other related parties to work together, seek a fair solution by emphasizing restoration of justice to its original state, but punishment which leads to retaliation often occurs in the context of Children Against the Law (ABH). This research was conducted using normative juridical methods. The research approach uses a statutory approach. The data source used in this study is a secondary data source which is then analyzed qualitatively
KEPASTIAN HUKUM PENERBITAN GANDA ATAS SERTIPIKAT HAK ATAS TANAH (Studi Kasus Putusan Nomor 307 K/Pdt/2008 Dan Putusan Nomor 976 K/ Pdt/2015) Lymens Gho
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4494

Abstract

Indonesia has large tracts of land, the government provides opportunities for the public to manage these land parcels according to their needs, the community can register the land parcels they own with the National Land Agency, where the land parcels are located, to obtain one of the certificates. land rights, including: Certificate of Ownership Right, Certificate of Right to Build, Certificate of Use Right, Certificate of Cultivation Right or Land Certificate in the form of Girik. procedures for land registration are contained in Government Regulation Number 24 of 1997 concerning Land Registration. The National Land Agency or BPN is a non-departmental government agency whose duties include the land sector. To carry out the duties and functions of the National Land Agency or BPN in the regions, BPN Regional Offices are formed in provinces and Land Offices in districts or cities based on Presidential Regulation of the Republic of Indonesia Number 48 of 2020 concerning the National Land Agency. On one plot of land, only one type of certificate of land rights can apply, unless there is an agreement between the parties holding the certificate. These certificates issued by the National Land Agency have the force of law and are legal evidence of the rights owned by the party whose name is listed on the certificate. However, even though the registration has been carried out and the land title certificates have been issued, there is still a dispute over which party has the rights over the land parcels because there are two land title certificates issued by the National Land Agency for the same part of land
KEDUDUKAN LEGALITAS SURAT PERNYATAAN PELEPASAN HAK MILIK ATAS TANAH YANG DIBUAT OLEH LURAH (Studi Kasus ATR/BPN Depok Jawa Barat) Nurul Hidayati
Jurnal Hukum dan Bisnis (Selisik) Vol 8 No 2 (2022): Desember 2022
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/selisik.v8i2.4495

Abstract

The document is one of the important things that must be owned by someone who has rights over his property, in this case what is meant by land. If someone owns land, there must be an official written document to prove that the land is his property. Then if the owner wants to sell then there needs to be a change of status and several conditions to relinquish his land rights, one of which is the SPPHT (Surat Pernyataan Pelepasan Hak Tanah). In the SPPHT issue, the Depok area, namely that there were village heads who wanted to control the management of the Declaration of Relinquishment of Land Rights, where in terms of management, each land law official had their respective roles. From the description above it is clear that the lurah’s position is within the scope of the witness, but in practice there are still unscrupulous lurahs who interfere in the management of the SPPHT. Therefore the writing of this thesis raises the title “STATUS AND LEGALITY OF THE STATEMENT OF RELEASE OF LAND PROPERTY RIGHTS MADE BY THE LURAH”author found a problem in one of the ATR/BPN land administration areas in the

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