Fairness and Justice: Jurnal Ilmiah Ilmu Hukum
Fairness and Justice : Jurnal Ilmiah Ilmu Hukum pertama kali diterbitkan pada tahun 2005 oleh Fakultas Hukum Universitas Muhammadiyah Jember dalam bentuk cetak. Jurnal Ilmiah ilmu Hukum memuat artikel hasil penelitian dibidang ilmu Hukum yang dilakukan oleh dosen maupun mahasiswa dari dalam maupun luar Universitas Muhammadiyah Jember, yang diterbitkan secara berkala pada bulan Mei dan November.
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<![CDATA[Perlindungan Hukum Bagi Pemenang Lelang Apabila Obyek Lelang Disita Dalam Perkara Pidana ]]>
<![CDATA[Amalia, Desminurva Festia]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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DOI: 10.32528/faj.v17i1.2211
<![CDATA[Auction as a sale-purchase agreement, so the regulation by BW also valid in an auction. Elements of auction are same in definition of sale-purchase, there are, the subject law as seller and buyer, the agreement between seller and buyer about goods and price, the rights and obligations which arising of parties the seller and buyer. The essence of auction and trading is the goods and the payment of price. Auction is trading contracts, the legal relation in auction is between the seller, bidder buyers through official auction.In its implementation, sometimes there are still many problems happened, one of them is when goods were auctioned off, especially an executed guarantee and put civil seized, turns out that caught with criminal issue faced by the owner, while bidding has been implemented and has been choosen a winner of auction to have paid the price. Especially if it to do execution/seized. Even in article 39 paragraph (2) KUHAP said that civil execution of the goods can also criminal execution. So the thesis aims to understand legal certainty of the auction and what kind of legal efforts that can do by the auctions winner who feel lose out if objects auction seized in criminal cases.]]>
<![CDATA[Perlindungan Hukum Terhadap Kedaulatan Negara Dari Ancaman Proxy War ]]>
<![CDATA[Wada, Igam Arya]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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DOI: 10.32528/faj.v17i1.2212
<![CDATA[Proxy war is a form of non-military war by using a non-state actor instead of a particular party, to avoid a direct dispute. One of the non-state actors who are vulnerable to use foreign parties to launch proxy war in Indonesia is the existence of radical organizations either with radical action or radical thinking. In addition, the spread of provocative information and hoax can easily spread through the mass media and social media today, causing problems to the integrity of the Unitary Republic of Indonesia. So far Indonesia has no laws that can counter the nirmiliter threat such as proxy war so that Indonesia is in need of a law that can be used as a preventive effort to protect the state sovereignty against the existence of proxy war in Indonesia. In addition, the public understanding of Pancasila ideology as a way of life should be a necessity in the life of nation and state is still low, so it will be difficult to ward off another ideologies such as radicalism that developed in Indonesia.]]>
<![CDATA[Urgensi Asuransi Profesi Dalam Perkembangan Bisnis Di Indonesia ]]>
<![CDATA[Jauhari, Muhammad Fikri]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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DOI: 10.32528/faj.v17i1.2213
<![CDATA[Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance that helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are potential causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability coverage sometimes also provides for the defense costs, including when legal action turns out to be groundless. Coverage does not include criminal prosecution, nor a wide range of potential liabilities under civil law that are not enumerated in the policy, but which may be subject to other forms of insurance. Professional liability insurance is required by law in some areas for certain kinds of professional practice (especially medical and legal), and is also sometimes required under contract by other businesses that are the beneficiaries of the advice or service.]]>
<![CDATA[Akibat Hukum Perkawinan Janda Yang Dilangsungkan Sebelum Habis Jangka Waktu Tunggu ]]>
<![CDATA[Lestari, Nur Reski]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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DOI: 10.32528/faj.v17i1.2214
<![CDATA[The purpose of marriage as mentioned in Article 1 of Law Number 1 Year 1974 on Marriage is to establish a happy and eternal family (household) based on Belief in the One Supreme. Sometimes marriage does not go on forever, so there is a divorce. For a wife who breaks up her marriage applies to her waiting period or waiting period, unless a wife divorces her husband before she gets in touch. There are times when a marriage is canceled because it has been known that the waiting period has not been exhausted in a woman. However, on the other hand there is also a problem that marriage has taken place but it turns out the waiting period has not been exhausted. If in the conduct of marriage does not meet the legal requirements of his marriage, then the marriage tersebuh can be canceled. While cancellation can only be done through court decision. When a court decision aborts a marriage, the marriage is considered to have never occurred.]]>
<![CDATA[Keabsahan Perjanjian Pengikatan Jual Beli Yang Digantungkan Pada Kewajiban Pembayaran Utang ]]>
<![CDATA[Elysia, Denise]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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DOI: 10.32528/faj.v17i1.2210
<![CDATA[The sale and purchase binding agreement is a legal breakthrough that was born out of the needs of the community. Used by the parties as a preliminary agreement because it has not been able to fulfill the conditions to carry out the sale and purchase before the officials of the land deed. However, in practice, binding of sale and purchase agreement is made not because of the sale and purchase transaction but as debt guarantee which the debtor plays as the seller and the creditor as the buyer. So the problem is how the legitimacy of binding agreement of sale and purchase as well as the sale power suspended as debt guarantee? then what is the basis of legal considerations for judges in deciding cases binding sale and purchase agreement that hung as debt guarantee ?. This research is a normative juridical research by using approach of legislation, concept and case. From the result of the research, it is concluded that the deed made by the parties before the notary is valid as an authentic deed which has been in accordance with the legislation, and the sale power is a unity in the sale and purchase agreement, where the seller authorizes the buyer to do duty rather than an authorizer. The sale power made by the parties is also an authentic deed and not an absolute authority prohibited by the Instruction of the Minister of Home Affairs Number 14/ 1982 because it does not contain an element of transfer of rights. Based on several considerations of the judge, it can be deduced that as long as the deed of sale and purchase agreement of sale and sale has been made and executed legally as authentic deed which has perfect evidentiary power, then the deed can not be canceled.]]>
<![CDATA[Akibat Hukum Perkawinan Janda Yang Dilangsungkan Sebelum Habis Jangka Waktu Tunggu ]]>
<![CDATA[Nur Reski Lestari]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
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DOI: 10.32528/faj.v17i1.2214
<![CDATA[The purpose of marriage as mentioned in Article 1 of Law Number 1 Year 1974 on Marriage is to establish a happy and eternal family (household) based on Belief in the One Supreme. Sometimes marriage does not go on forever, so there is a divorce. For a wife who breaks up her marriage applies to her waiting period or waiting period, unless a wife divorces her husband before she gets in touch. There are times when a marriage is canceled because it has been known that the waiting period has not been exhausted in a woman. However, on the other hand there is also a problem that marriage has taken place but it turns out the waiting period has not been exhausted. If in the conduct of marriage does not meet the legal requirements of his marriage, then the marriage tersebuh can be canceled. While cancellation can only be done through court decision. When a court decision aborts a marriage, the marriage is considered to have never occurred.]]>
<![CDATA[Keabsahan Perjanjian Pengikatan Jual Beli Yang Digantungkan Pada Kewajiban Pembayaran Utang ]]>
<![CDATA[Denise Elysia]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
Show Abstract
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DOI: 10.32528/faj.v17i1.2210
<![CDATA[The sale and purchase binding agreement is a legal breakthrough that was born out of the needs of the community. Used by the parties as a preliminary agreement because it has not been able to fulfill the conditions to carry out the sale and purchase before the officials of the land deed. However, in practice, binding of sale and purchase agreement is made not because of the sale and purchase transaction but as debt guarantee which the debtor plays as the seller and the creditor as the buyer. So the problem is how the legitimacy of binding agreement of sale and purchase as well as the sale power suspended as debt guarantee? then what is the basis of legal considerations for judges in deciding cases binding sale and purchase agreement that hung as debt guarantee ?. This research is a normative juridical research by using approach of legislation, concept and case. From the result of the research, it is concluded that the deed made by the parties before the notary is valid as an authentic deed which has been in accordance with the legislation, and the sale power is a unity in the sale and purchase agreement, where the seller authorizes the buyer to do duty rather than an authorizer. The sale power made by the parties is also an authentic deed and not an absolute authority prohibited by the Instruction of the Minister of Home Affairs Number 14/ 1982 because it does not contain an element of transfer of rights. Based on several considerations of the judge, it can be deduced that as long as the deed of sale and purchase agreement of sale and sale has been made and executed legally as authentic deed which has perfect evidentiary power, then the deed can not be canceled.]]>
<![CDATA[Perlindungan Hukum Bagi Pemenang Lelang Apabila Obyek Lelang Disita Dalam Perkara Pidana ]]>
<![CDATA[Desminurva Festia Amalia]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
Show Abstract
|
Download Original
|
Original Source
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Check in Google Scholar
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DOI: 10.32528/faj.v17i1.2211
<![CDATA[Auction as a sale-purchase agreement, so the regulation by BW also valid in an auction. Elements of auction are same in definition of sale-purchase, there are, the subject law as seller and buyer, the agreement between seller and buyer about goods and price, the rights and obligations which arising of parties the seller and buyer. The essence of auction and trading is the goods and the payment of price. Auction is trading contracts, the legal relation in auction is between the seller, bidder buyers through official auction.In its implementation, sometimes there are still many problems happened, one of them is when goods were auctioned off, especially an executed guarantee and put civil seized, turns out that caught with criminal issue faced by the owner, while bidding has been implemented and has been choosen a winner of auction to have paid the price. Especially if it to do execution/seized. Even in article 39 paragraph (2) KUHAP said that civil execution of the goods can also criminal execution. So the thesis aims to understand legal certainty of the auction and what kind of legal efforts that can do by the auctions winner who feel lose out if objects auction seized in criminal cases.]]>
<![CDATA[Perlindungan Hukum Terhadap Kedaulatan Negara Dari Ancaman Proxy War ]]>
<![CDATA[Igam Arya Wada]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
Show Abstract
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DOI: 10.32528/faj.v17i1.2212
<![CDATA[Proxy war is a form of non-military war by using a non-state actor instead of a particular party, to avoid a direct dispute. One of the non-state actors who are vulnerable to use foreign parties to launch proxy war in Indonesia is the existence of radical organizations either with radical action or radical thinking. In addition, the spread of provocative information and hoax can easily spread through the mass media and social media today, causing problems to the integrity of the Unitary Republic of Indonesia. So far Indonesia has no laws that can counter the nirmiliter threat such as proxy war so that Indonesia is in need of a law that can be used as a preventive effort to protect the state sovereignty against the existence of proxy war in Indonesia. In addition, the public understanding of Pancasila ideology as a way of life should be a necessity in the life of nation and state is still low, so it will be difficult to ward off another ideologies such as radicalism that developed in Indonesia.]]>
<![CDATA[Urgensi Asuransi Profesi Dalam Perkembangan Bisnis Di Indonesia ]]>
<![CDATA[Muhammad Fikri Jauhari]]>
<![CDATA[ FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Jember ]]>
Show Abstract
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Original Source
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DOI: 10.32528/faj.v17i1.2213
<![CDATA[Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors omissions (EO) in the US, is a form of liability insurance that helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are potential causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability coverage sometimes also provides for the defense costs, including when legal action turns out to be groundless. Coverage does not include criminal prosecution, nor a wide range of potential liabilities under civil law that are not enumerated in the policy, but which may be subject to other forms of insurance. Professional liability insurance is required by law in some areas for certain kinds of professional practice (especially medical and legal), and is also sometimes required under contract by other businesses that are the beneficiaries of the advice or service.]]>
