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Mochamad Yusuf Putranto
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INDONESIA
Selisik : Jurnal Hukum dan Bisnis
Published by Universitas Pancasila
ISSN : 24604798     EISSN : 26856816     DOI : -
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.
Arjuna Subject : -
Articles 156 Documents
YURIDIS ANALISA QUICK RESPONSE CODE SEBAGAI SISTEM PEMBAYARAN DITINJAU DARI PERATURAN BANK INDONESIA NOMOR 18/40/PBI/2016 TENTANG PENYELENGGARAAN PEMROSESAN TRANSAKSI PEMBAYARAN Meiliana Paramitha Utami; Bernadetta Tjandra Wulandari
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 1 (2021): Juni 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (225.065 KB) | DOI: 10.35814/selisik.v7i1.2403

Abstract

Countries in the world including Indonesia are increasingly developing from various aspects ofculture, health, economy, and continue to improve increasingly sophisticated technology. Banksin the aspect of the nation's economy have an important role as financial institutions that caninfluence the economic activities of a nation and play an active role in the progress anddeterioration of a nation's economy. The Quick Response Code is the latest innovation in theIndonesian banking industry to facilitate customers in conducting transactions, namely byconducting transactions using QR Code (barcode). This feature makes it easy for customers tosimply scan (barcode) the sticker / receipt from the merchant. The author's method that I use isnormative juridical. The author discusses how the application of risk management and legalprotection for QR Code users. Although the service and Implementation Regulations for the QRCode have been used by customers, these regulations must be discussed again and reformulatedwith regard to the protection and accountability of users of the QR Code and clear sanctions inthe event of losses caused by fraudsters. Complaint efforts in the event of a loss to the QR Codeuser, can submit complaints to Bank Indonesia as long as they meet these requirements
OPTIMALISASI KEBIJAKAN PERLINDUNGAN KONSUMEN DALAM PENGGUNAAN DOMPET VIRTUAL DI ERA DIGITAL Winda Pebriyanti; Abdul Atsar
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 1 (2021): Juni 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.822 KB) | DOI: 10.35814/selisik.v7i1.2405

Abstract

The development of the digital era in Indonesia cannot be avoided, this development is alsoinfluenced by world civilization and increasingly advanced ways of thinking. The DigitalAge is a term used in the rise of digital internet networks (particularly computer informationtechnology). The complexity of this online application is easy to access and practical sothat it is very popular with the wider community. Indonesia is experiencing a Digital Agebased on efficiency and internet connectivity). The digital era does not only have greatpotential for the nation's technological advancement, but also changes people's lives. Thisdigital era has a huge impact on human life, this situation itself will be a challenge for thecommunity and also the government regarding the high consumptive power caused by thecurrent digital era. In the current digital era, there are many choices of Virtual Wallets tomake transactions between consumers and sellers, namely payment through non-cashpayments, now it can be a crime if there is no optimization of legal protection policies, oneof which will suffer the most is the community as consumers who use Virtual Wallets inthis digital era. In this research, a question arises: How Consumer Protection LawsOptimize Policies in Using Virtual Wallets in the current Digital Age. Regarding Actnumber 8 of 1999 concerning Consumer Protection and Bank Indonesia Regulations in lineto provide protection for consumer rights. This right is a key to the success of goods / 84services because consumers themselves really prioritize the convenience of using thepayment system, security in the use of the payment system, including safety in using thepayment system
PERLINDUNGAN HUKUM TERHADAP NASABAH GAGAL BAYAR DALAM PERJANJIAN JUAL BELI MEDIUM TERM NOTES DARI ASPEK HUKUM PERDATA DAN HUKUM PIDANA Sherly Angelina Chandra; Keyzia Betarli Lengkong; Jenny Lim
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 1 (2021): Juni 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (162.467 KB) | DOI: 10.35814/selisik.v7i1.2406

Abstract

Various financial instruments in Indonesia has grown rapidly in recent years, one of them isMedium Term Notes. But in fact, same with other type of investments, Medium Term Notes also hasvarious risks, one of them is when investment companies are not responsible so they fail to pay theinvestors. The urgency of law protection for investors who experience default because of MediumTerm Notes is very important considering the losses and disadvantage suffered by investors. Thispaper uses a normative juridical research method that conducts literature review, which useslibrary materials or secondary data through primary legal materials and secondary legal materials.The results of this research show that investors who experience default because of Medium TermNotes can sue to investment companies in terms of criminal law or civil law
TINJAUAN HUKUM TERHADAP PERAN SERTA PEMERINTAH DESA DALAM PEMBINAAN KEARIFAN LOKAL DI KECAMATAN SOROMANDI, BIMA, NUSA TENGGARA BARAT Jum Anggriani; Indah Harlina; Mirsadin
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 1 (2021): Juni 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (448.796 KB) | DOI: 10.35814/selisik.v7i1.2407

Abstract

Through Law Number 6 of 2014 it opens space for governance in accordancewith the characteristics, culture, and local wisdom of each region. Soromandi subdistrict, for example, is one of the areas in Bima district which has a characteristicin governance that is still firmly held, namely a strong mutual cooperation culturethat is still alive today. From this description, two main problems can be drawn; 1)What is the role of the village government in maintaining local wisdom inSoromandi District, 2) What are the efforts made by the village government inincreasing local wisdom in Soromandi District.This research is normative andempirical legal research, namely legal research that examines the factualimplementation or implementation of positive legal provisions in every particular SELISIK - VOLUME 7, NOMOR 1, JUNI 2021ISSN:2460-4798 (PRINT) & 2685-6816 (ONLINE)117legal event that occurs in society. The Soromandi District Village Governmentcarries out its role as an extension of the government's arm to regulate and manageits village households properly, by participating in maintaining and preservingwisdom in the villages of Soromandi District. Efforts made by the government inimproving local wisdom in Soromandi villages have been going quite well, this canbe seen from the continued preservation of local wisdom in Soromandi sub-districtvillages such as: religious, helping nature, solidarity, mutual cooperation,deliberation. consensus, the principle of kinship and sharing in the lives of itscitizens through traditional rituals that are still valid
Permasalahan Terkait Kuantitas Regulasi Dalam Penyelesaian Sengketa Tata Usaha Negara Diani Kesuma
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 1 (2021): Juni 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (518.092 KB) | DOI: 10.35814/selisik.v7i1.2431

Abstract

It is often encountered basic orderly of laws and regulations problematic, which areuncontrollable types of regulations which could be classified as laws and regulations which aresometimes contained materials the one who resist the higher laws and regulations. Theexistence of Article 8 Paragraph (1) of Law Number 12 Year 2011Concerning Formation ofLaw and Regulations often is interpreted all regulations such as People’s Advisory Councilregulation, The House of Representative regulations, Regional Representative Councilregulation, Supreme Court regulation, Constitutional Court regulation are categorized as lawsand regulation as long as ordered by the higher regulation or established by authority. In fact,not all of those institutions could produce laws and regulations which binds externally. Tocreate basic orderly and formatting laws and regulations need re arrangement among others tothe types, hierarchy, and material content of laws and regulations. The existence of JobCreation Law does not a way out to solve the problem related to quantity of regulations. Article175 of Law Number 11 Year 2020 Concerning Job Creation Cluster GovernmentAdministration does not codify all related regulations with litigation process in stateAdministration Court, due to the litigation process still refer to the previous law. Expected theprovision of litigation process which are governed in various Law and Supreme Court Regulation could be arranged with unify to one law, to make easier for the justice seeker whichinvolved in State Administration disputeprovision of litigation process which are governed in various Law and Supreme Court
BUILDING MODERN JUSTICE BASED ON INFORMATION TECHNOLOGY (Study on Judicial Adaptation in the New Normal) Andreas Eno Tirtakusuma; Astrid Prayogo Putri
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.999 KB) | DOI: 10.35814/selisik.v7i2.3039

Abstract

The COVID-19 pandemic has had an impact on the judiciary and the court system in Indonesia. The Covid-19 pandemic has accelerated the process of modernizing the existing judiciary by conducting online trials via video teleconference. Previously, with PERMA No. 3 of 2018 which was enhanced by PERMA No. 1 of 2019, the Supreme Court has implemented online trial services for civil cases. During the pandemic, online trials were also applied to the examination of criminal cases, which was carried out with PERMA No. 4 of 2020. In criminal cases, the implementation is limited only in certain circumstances and is carried out with the discretion of the judge/panel of judges who hears it. There are many benefits if an online trial is implemented at a time like this, to prevent the spread of the COVID-19 virus. However, there are still obstacles and there are rejections in its implementation, especially in online trials that are forced based on a judge's determination. The change in the trial system to an online method requires the role of law as a means to anticipate various things that have not yet happened (i.e. as social engineering) and law as a means to deal with changes that have occurred (i.e. as social control). One and another that aims to achieve legal expectations in providing certainty and justice
PERANAN DAN TANGGUNG JAWAB NOTARIS DALAM PEMBAGIAN HARTA BERSAMA BERDASARKAN PUTUSAN NOMOR 300/PDT.G/2020/PA BTA Aditya Minang Prima; Heru Susetyo
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (313.603 KB) | DOI: 10.35814/selisik.v7i2.3040

Abstract

This paper discusses the distribution of joint assets after the end of marriage and the Roles and Responsibilities of Notaries in Sharing Collective Assets Based on Decision Number 300 / Pdt.G / 2020 / Pa Bta. Article 35 of the marriage law states that joint property is property that is obtained during marriage, which means assets obtained from the beginning of the marriage until the end of the marriage. In this case, the distribution of joint assets should be carried out immediately after the end of the marriage between husband and wife so that there is no legal action on one party regarding the joint property. This research is normative. The result of this research is that the joint assets that have not been distributed to the wife as the plaintiff and the husband as the defendant have taken legal action on the joint property by reversing the name of deed No. 29 without the knowledge of the wife and the judge decided that the distribution of the assets was carried out equally between the wives. and husbands based on article 37 of law No. 1 of 1974 jo Article 97 compilation of Islamic law. In the transfer of rights to deeds, there are conditions that must be met by the tappers such as having the consent of the wife, in this case the notary has been negligent because deed by checking all the conditions that must be met by the applicant and the notary's responsibility for deed no 29, namely to cancel the deed because deed no 29 is legally flawed
ONLINE DISPUTE RESOLUTION SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI DIGITAL Armansyah -
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.787 KB) | DOI: 10.35814/selisik.v7i2.3041

Abstract

The development of information technology (IT) is an impact of the progress of the globalization era. Several variants of activities in it include trading activities (e-commerce). This sale and purchase transaction via the internet is without any face-to-face contact between the parties, based on mutual trust. This condition, of course, can pose a risk with all the legal consequences, including an act against the law, either civil or criminal from one of the parties in an online buying and selling transaction. Although consumer protection in digital transactions has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) and Government Regulation No. 82 of 2012 concerning Implementation of Electronic Systems and Transactions ( PP PSTE), and Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems (PMSE). The vulnerability of this transaction leads to problems that harm consumers, so it is necessary to find alternative solutions, not only through SELISIK - VOLUME 7, NOMOR 2, DESEMBER 2021ISSN: 2460-4798 (PRINT) & 2685-6816 (ONLINE)35litigation, but also through mediation through the Online Dispute Resolution (ODR) mechanism. This paper raises legal remedies that can be taken by consumers in the event of a criminal act of fraud by business actors in digital transactions and legal protection for consumer disputes in digital transactions through the ODR mechanism. ODR as a prospective application in the context of legal reform in the field of digital transaction dispute resolution. Second, legal protection for consumer disputes in digital transactions through the ODR mechanism is an alternative online resolution of consumer complaints based on the freedom to choose the law and dispute resolution. 33 The ITE Law, in addition to providing benefits from aspects of time and cost savings, convenience of the ODR procedure, selection of the third parties in digital transaction dispute resolution
TANGGUNG JAWAB NOTARIS DALAM MELEGALISASI SURAT JUAL BELI SECARA MELAWAN HUKUM TERHADAP JUAL BELI KIOS SEBAGAI HARTA BERSAMA YANG DILAKUKAN OLEH ISTRI TANPA PERSETUJUAN MANTAN SUAMI SETELAH TERJADINYA PERCERAIAN (STUDI PUTUSAN NOMOR: 598 K/PDT/2017) Anitha Rosmauli Nainggolan; Budiman Ginting; Hasim Purba
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (229.473 KB) | DOI: 10.35814/selisik.v7i2.3042

Abstract

A notary as a general official who makes the deed is given the authority to legalize an underhand deed for every appearer who comes to him. Legalization carried out by a Notary basically must be carried out with the principle of prudence in order to avoid legal conflicts that have the potential to be present in the legalization of the deed. Examples of legal issues related to the legalization of private deeds can be seen in decision number 598 K/PDT/2017. The decision stated that the Notary had committed an unlawful act against the legalization of the sale and purchase agreement letter of the kiosk which was basically a joint property in which one of the parties was not involved in the sale and purchase agreement of the kiosk. Thenotary in the decision number 598 K/PDT/2017 can be observed that for his negligence in determining the objective conditions of the contents of the agreement, the judge was decided to commit an unlawful act by the judge on the basis of Article 1365 of the Civil Code. The precautionary principle is the standard of assessment in determining that a notary has committed an unlawful act in legalizing a sale and purchase agreement. The legal force of legalizing a letter of sale and purchase of a kiosk that is legally flawed is that the deed does not have perfect proving power. The parties who play a role in causing harm to the plaintiff for the sale and purchase must be categorized as parties who commit acts against the law for the sake of legal certainty as referred to in Article 1365 of the Civil Code
PERBANDINGAN HUKUM PENYELESAIAN SENGKETA ARBITRASE DALAM MASA PANDEMI COVID-19 Dea Tunggaesti
Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.883 KB) | DOI: 10.35814/selisik.v7i2.3043

Abstract

Pandemic Covid-19 that occur globally is causing a lot of difficulties and obstacles in all aspects. With this resulted in restrictions on the movement of people, social distancing and closing a total of offices and even have an impact on litigation in the national courts. That the application of the trial of the online arbitration institutions has not been done entirely by the Indonesian National board of Arbitration and how the legal certainty of the parties. That the lack of legal protection for the trial of the online in the Supreme Court Regulation No. 1 of 2019 about Methods of Electronic Trials the Arbitration institution should be able to conduct trials online and with the agreement of the parties, then the legal certainty of the parties will also be guaranteed if such things are done in an open and an agreement between both parties

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