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Jurnal Justiciabelen
Published by Universitas Muhammadiyah Gresik
ISSN : 26543419     EISSN : 26543311     DOI : 10.30587/justiciabelen
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Journal Justiciabelen is published by the law Departement, University of Muhammadiyah Gresik, twice a year in February and September. The purpose of this journal is to facilitate research about Law. The article essentially contains topics on Criminal Law, Civil Law, Consultation Law, Government Law, Business Law, and Islamic Law
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 87 Documents
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Hardship Dalam Kontrak Bisnis Pasca New Normal Covid-19 hardian iskandar
Jurnal Justiciabelen Vol 4 No 2 (2021): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v4i2.3566

Abstract

Kontrak bisnis adalah suatu kesepakatan yang dilakukan oleh subjek hukum dimana bagi mereka yang bersepakat menjadi Undang-undang bagi mereka. Di era new normal pandemic covid-19 sekarang ini tidak dipungkiri banyak kontrak bisnis yang mengalami pemberhentian, pembatalan ataupun re-negosiasi akan kontrak yang telah dibuat sehingga dimungkinkan dilakukan dengan hardship ( keadaan sulit) dimana keadaan sulit ini hampir menyerupai force majeur akan tetapi konsep hardship memiliki perbedaan dimana salah satunya dimungkina re- negosiasi akan suatu kontrak agar mencapai suatu kesimbangan kontrak yang proporsional.
LEGAL PROTECTION FOR USERS OF ILLEGAL ONLINE LOAN SERVICES Putri Rohmatul Hidayat
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4520

Abstract

Online loan services or Peer to Peer Lending are one of the fintechs that are growing rapidly at this time. This growth is due to the ease and effectiveness of using fintech lending in providing loans to people who experience an increase in their living needs, especially since the COVID-19 pandemic. However, not all online loans have official permission from the Financial Services Authority, online loans that do not have official permission from the OJK or are called illegal online loans are very troubling to the public, recorded from 2019-2021 there were 19,711 complaints cases. Therefore, the authors conducted this study to provide public knowledge about the existence of legal protection for users of online loan services, especially users of illegal online loan services. This study uses a normative method by approaching the legislation. Legal protection for illegal online loan users is regulated in POJK No.77/POJK.01/2016 concerning Information Technology-Based Borrowing-Lending Services, where online loan service providers are required to apply the basic principles of user protection and OJK will provide administrative sanctions in the event of a violation.
DUE TO THE LAW OF SELLING AND BUYING LAND WITH CERTIFICATE OF PROPRIETARY RIGHTS IN UNDER HANDS Muhammad Azkannasabi
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4516

Abstract

An underhand deed is a deed that has been made by the parties who made it without being made before an authorized official or it can be called PPAT. The binding power between the seller and the buyer in an underhand deed is the same as an authentic deed. The purpose of this is that it is allowed based on an agreement and does not conflict with the law so that the legal action is indeed legal in accordance with article 1338. The purpose of this study is to analyze and describe the legal protection for buyers against buying and selling land rights that are carried out under the hands. The research conducted in writing this thesis is empirical research, using a sociological juridical approach. Based on the results of the study, it can be concluded that (1) the buyer does not get legal protection for the land he bought; (2) the buyer does not get legal certainty over the land he bought; (3) the buyer does not get strong evidence against the rights to the land he bought. This of course will be detrimental to the buyer who purchases land rights under his own hands. This incident is expected to make people aware of buying and selling before PPAT so that they get legal protection and certainty.
CANCELLATION OF THE AUTHORITY OF THE LAND BUYING AGREEMENT AGREEMENT Lingga Adhi Dharma
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4521

Abstract

This study aims to analyze the cancellation of the binding agreement on the sale and purchase of land rights unilaterally. Especially those related to the validity of the sale and purchase agreement of land rights using the binding deed of sale and purchase and its cancellation. Based on the results of the study showed: (1). The sale and purchase binding agreement is an agreement born from the open nature of Book III of the Civil Code (KUHPer). This sale and purchase binding agreement arises because there are things (requirements) that have not been fulfilled or there are things (conditions) agreed by the parties to be fulfilled, for example related to payment of prices that have not been paid off. (2). changes to the price that have been agreed upon by the parties previously can only be made if there is an agreement from both parties in this case the Seller Party and the Buyer Party. This means that the adjustment to the price in the sale and purchase of land rights cannot be used as an excuse by the seller to cancel the agreement unilaterally.
ELECTRONIC SIGNATURE ON THE SALE AND PURCHASE AGREEMENT FROM CIVIL LAW PERSPECTIVE Nabila Nabila
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4517

Abstract

In the current technological developments, some companies use electronic media to certify documents through digital media. Based on article 1320 of the Civil Code, the agreement will be valid when 2 conditions are met, namely subjective conditions and objective conditions. But on the other hand, the electronic transaction agreement between PT. Fight for Nature with Australian Rural Exports Pty. Ltd. using digital hands is legal and has legal consequences. The focus of the study in this scientific paper is related to the validity of the electronic signature of an agreement in the perspective of civil law and the legal consequences of agreements made online/electronically when one of the parties defaults/breaches promise. The legal research method used in this research is normative juridical. The results of this study indicate that the process of the occurrence of electronic commerce transactions is carried out with 4 stages of agreement theory, namely offer, acceptance, payment, and delivery. The validity of electronic signatures in an agreement in the perspective of civil law is by referring to the National Electronic Transaction information law and Government Regulations as implementing regulations for Electronic Transactions, which are linked to the principles of agreement in the Civil Code. In addition, the legal consequences of online/electronic engagements when one of the parties is in default/breach of promise is that the judge can request a cancellation of the agreement as a legal consequence or legal consequence of a default in an online sale and purchase agreement..
LEGAL PROTECTION FOR E-BOOK CREATORS ON GRAMEDIA DIGITAL APPLICATION Moh. Rafiqi Luthfi Rahman; Hardian Iskandar; Dodi Jaya Wardana
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4518

Abstract

copying more widespread. One of the studies examined by the author is the E-Book in the Gramedia Digital application. The purpose of this study is to explain how the legal protection of the creator and the legal consequences for the perpetrators as well as the settlement of disputes against the duplication of the ebook creator's work on the digital gramedia application. The research method used is a normative legal research method, with a statutory approach (Statue Approach) and a conceptual approach (Conceptual Approach). The results obtained from this study found Gramedia Digital provides legal protection in the form of technology that can record and mark traces of user activities which will later be stored as digital track records with the aim of legal protection for the creator of the E-Book itself. The legal consequences of duplicating E-Books on the Gramedia Digital application are subject to soft blocks in the form of suspension and account closure. Gramedia digital explained that they cooperate with any legal process (local law, provincial law and national law). Then the settlement of E-Book disputes is also explained through litigation (court) and non-litigation (outside court
JURIDICAL ANALYSIS OF THE REGULATIONS OF THE NATIONAL COLLECTIVE MANAGEMENT INSTITUTE (LMKN) IN TERMS OF COPYRIGHT INSTITUTIONS IN INDONESIA Moch Rizky Giri; Hardian Iskandar; Dodi Jaya Wardana
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4519

Abstract

Songs and/or music are copyright protected works. As the holder of Copyright and Related Rights, works belonging to the author that are used for commercial purposes have the right to obtain exclusive rights arising from declarative principles after the work of the author is heard. The emergence of Government Regulation No. 56 of 2021 concerning Management of Copyright Royalties for Songs and/or Music which has come into force since March 2021 as a rule to be able to optimize the function of managing copyright royalties from the use of works and related rights products, especially in songs or music. This thesis analyzes the urgency of the establishment of the National Collective Management Institute, the Legal Basis of the National Collective Management Institute, the powers and duties of the Collective Management Institute (LMK) and the National Collective Management Institute (LMKN) in managing music royalties used for commercial and protection purposes. Laws carried out by the National Collective Management Institute and based on Intellectual Property (IP). This thesis was written using a normative legal research method, which is an approach method through legislation whose norms are used as the main source in this research In addition, in this thesis research the author also uses an approach with the concept of understanding the principles regarding copyright as the exclusive right of the creator. From the research results, it has been concluded that there are two institutions that have different duties and authorities, the urgency of the importance of establishing a National Collective Management Institute for the management of Song and/or Music Copyright royalties, the legal basis of the National Collective Management Institute and the legal protection provided by LMKN on the management of royalties for Song and/or Music Copyrights in Indonesia.
Juridical analysis of land rights according to UPPA in Indonesia Nurwati Nurwati; Wafda Vivid Izziyana; alma juliana; angga subianto; lailatul fitri
Jurnal Justiciabelen Vol 5 No 2 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i2.5012

Abstract

The right of ownership is already known in customary law, which is as a result of the development of control and exploitation or use as communal land intensively and continuously by individual citizens of customary law communities holders of communal rights. This study uses normative juridical methods, while the results of this study manganalisis that property rights are basically reserved exclusively for Indonesian citizens who are single citizens, which is used as cultivated land or to build something on it. In accordance with the nature of the Bal (basic agrarian law or UUPA), property rights are determined not limited to the validity period, can be transferred and transferred and can also be burdened with mortgage rights. Use rights with the designation HGU & HGB do not contain emotional psychological, such as property rights. The relationship of the right holder with the land being valued is merely a straightforward relationship, that is, simply to enable the right holder to use it to meet certain needs. The right to use non-property rights is also known in customary law. various needs for land, then to make it easier to recognize the designation, the right to use it in accordance with the typical designation of each land is named a different designation, namely the right to use the land to cultivate, the right to build to build something on it. In the Bal both rights are limited in validity and can be granted other than Indonesian citizens and Indonesian legal entities. Hak Pakai is given the specificity of the nature or designation of the use of its land, or on consideration of the point of use of its land that cannot be granted with HM, HGU and HGB, hence the name Hak Pakai. There are also temporary land rights. It is said that it is temporary, which means that at some time these rights as legal institutions will no longer exist, since they are considered incompatible with the principles of HTN.
Legal Guarantees Against Breach of International Trade Contracts Due to Non-Conformity of Goods Details reviewed from the CISG Fita dwi pratiwi
Jurnal Justiciabelen Vol 5 No 2 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i2.5023

Abstract

in international contract transactions are currently not a difficult thing, the existence of these various technological advances provides a considerable opportunity and opportunity for the international community to establish cooperative relations between them. The execution of the contract in various ways can certainly cause problems or obstacles, especially in long-term contracts, it can be due to discrepancies in the details of the goods sold, the existence of force majeure circumstances that can result in the contract being unenforceable, or there may be changes in circumstances, such as political crises, currency fluctuations, economic crises. However, this study will focus more on discussing legal guarantees against violations of international trade contracts due to discrepancies in the details of goods reviewed from the CISG. International business cooperation transactions are the study of private law, where in private law, the law provides wider opportunities for each party to make, promise and implement the clauses they make. However, it is undeniable that to be able to carry out these activities, the parties must carefully understand and understand the legal rules that exist in the State of each party. The research method carried out uses normative juridical, i.e legal studies carried out by using examining library materials or secondary legal materials. Meanwhile, in collecting data, it is carried out with two approaches, namely the conceptual method and the statutory technique. The purpose of this research is to find out how the legal guarantees that apply in international trade contract law if there is a violation in the contract due to discrepancies in the details of the goods received and what form of settlement efforts can be made by sellers and buyers in international trade contracts. This research resulted in a relationship to the legal guarantee of a breach of an international trade contract and what efforts were made by the parties to the matter in terms of the CISG international contract transactions are currently not a difficult thing, the existence of these various technological advances provides a considerable opportunity and opportunity for the international community to establish cooperative relations between them. The execution of the contract in various ways can certainly cause problems or obstacles, especially in long-term contracts, it can be due to discrepancies in the details of the goods sold, the existence of force majeure circumstances that can result in the contract being unenforceable, or there may be changes in circumstances, such as political crises, currency fluctuations, economic crises. However, this study will focus more on discussing legal guarantees against violations of international trade contracts due to discrepancies in the details of goods reviewed from the CISG. International business cooperation transactions are the study of private law, where in private law, the law provides wider opportunities for each party to make, promise and implement the clauses they make. However, it is undeniable that to be able to carry out these activities, the parties must carefully understand and understand the legal rules that exist in the State of each party. The research method carried out uses normative juridical, i.e legal studies carried out by using examining library materials or secondary legal materials. Meanwhile, in collecting data, it is carried out with two approaches, namely the conceptual method and the statutory technique. The purpose of this research is to find out how the legal guarantees that apply in international trade contract law if there is a violation in the contract due to discrepancies in the details of the goods received and what form of settlement efforts can be made by sellers and buyers in international trade contracts. This research resulted in a relationship to the legal guarantee of a breach of an international trade contract and what efforts were made by the parties to the matter in terms of the CISG
Legal policy by the National Land Agency of Pekalongan Regency in resolving Dual Certified Land Disputes through non-litigation Wafda Vivid Izziyana; Andika Yuli Rimbawan; rifqi fatkhul arifin; hanif salmanudin
Jurnal Justiciabelen Vol 5 No 2 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i2.5013

Abstract

The current development of the land situation in Indonesia nowthese is crucial. Land is the basic capital for the state and development to realize the prosperity of the people. In recent years, land disputes have become increasingly complex, whether they are disputes over land area, also disputes over ownership of multiple certificates. Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles is a breakthrough in ensuring justice and legal certainty, order, and the welfare of the Indonesian people. The land problem is an issue that concerns the most basic rights of the people. The more complex human interests in a civilization will be directly proportional to the higher the potential for disputes that occur between individuals and between groups. Therefore, it is necessary to have regulations and state institutions that specifically regulate and are authorized in the land sector also dealing with the land problems. The National Land Agency (BPN) was formed whose role was to assist and serve to the community to obtain their rights in the land sector in accordance with applicable rules and regulations, also to find a way out if there were land disputes. The problem of dual certificates which is plot of land has more than one certificate with the same object, resulting in legal uncertainty for the holder of land rights. The Cases of dual certificates are still common in several regions in Indonesia. This study uses normative legal research methods combined with empirical legal research methodologies. The location of the research is in BPN Pekalongan regency. The occurrence of dual certificates is influenced by internal and external factors. There are three dual certificate dispute resolutions, namely, Deliberation (negotiation & mediation) Arbitration, and if you do not get a solutions from BPN, then Dispute Settlement through Courts.

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