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INDONESIA
HUKUM BISNIS
Published by Universitas Narotama Surabaya
ISSN : -     EISSN : 24600105     DOI : https://doi.org/10.31090/hukumbisnis.v3i1.829
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary law
Arjuna Subject : Umum - Umum
Articles 157 Documents
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HUKUM PERKAWINAN BEDA AGAMA MENURUT PUTUSAN MK NO.71 PUU-XX 2022 Fitri Mindari Handayani; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The diversity of religions and beliefs in Indonesia does not rule out the possibility of inter-religious marriages occurring. According to Article 35 and its explanation, as well as Article 37 paragraph (1) of Law Number 23 of 2006 concerning Population Administration which indirectly provides opportunities for interfaith marriages to occur. This type of research is Normative Legal Research by defining legal issues, collecting legal materials, studying legal issues based on the materials that have been collected, drawing conclusions in the form of arguments that answer legal issues. The conclusion from this study is that according to the law, interfaith marriages are invalid through a review of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law and Islamic Law and Constitutional Court Decision Number 71/PUU-XX/2022.Keywords: interfaith marriage
KEWENANGAN PEMERINTAH DAERAH DALAM PELAKSANAAN PENGAWASAN DAN PENGENDALIAN KELAYAKAN FUNGSI BANGUNAN DI KOTA SURABAYA Dwiluna Setiaprameswari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The development of the economy in the city of Surabaya has an impact on the rapid growth of building construction in the city of Surabaya. One of the Government's controls in ensuring the reliable implementation of building management is by issuing a Certificate of Proper Function to certify the feasibility of a building's function before it can be utilized. The Government's role in supervision and control must be carried out in order to ensure the fulfillment of building reliability aspects. This study aims to provide a description and analyze the authority of the Regional Government in carrying out supervision and controlling the feasibility of building functions in the city of Surabaya. This study tries to discuss the limits of the authority of the Regional Government on the implementation of supervision and control over the feasibility of building functions in the city of Surabaya and the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the Surabaya city government. The conclusion of this study is that the authority of the local government to supervise and control the feasibility of building functions in the city of Surabaya is limited by the period, area and substance of authority, while the forms of sanctions against building owners who violate the feasibility of building functions are based on the results of supervision and control by the Surabaya city government in the form of administrative sanctions, fines and criminal penalties. To apply fines and criminal sanctions, the Surabaya city government needs to develop a legal basis regarding the intent, purpose and scope of imposing sanctions and the procedures for implementing them.Keywords: feasibility of building functions, supervision and control
Kewenangan Pemerintah Daerah Dalam Penerbitan Persetujuan Bangunan Gedung Pasca Berlakunya Perppu Nomor 2 Tahun 2022 Tentang Cipta Kerja Ari Wulandari
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The issuance of Government Regulation in Lieu of Law (Perpu) Number 2 Year 2022 on Job Creation has a significant impact on building permits in Indonesia. The Perpu aims to encourage the acceleration of building permits by reducing bureaucracy and improving efficiency in the approval process. However, although this regulation provides steps in changing building licensing regulations, there are limitations on the authority of local governments in issuing building approvals after the enactment of the regulation. Surabaya City Government's authority to issue PBG is through the Office of Investment and Integrated Stu Pintu (DPMPTSP) based on technical recommendations from the Office of Public Housing and Settlement Areas and Land (DPRKPP). In providing Building Permit services to the community, it needs to be supported by adequate financing. Local revenues, including Local Tax and Retribution (PDRD) revenues, as regulated in Law Number 1 Year 2022 on Financial Relations between the Central Government and Local Governments have regulated the types of retribution that can be collected by the Local Government when providing services to the community. The types of retribution that can be levied on the community include Building Construction Permit Retribution which is used for regional expenditure in the form of funding the implementation of government affairs that fall under regional authority. One of the mandatory affairs related to basic services, the implementation of building construction in regency/city areas, including the granting of Building Construction Permit, is one of the priorities in allocating regional expenditure. Local governments are authorized to collect IMB/PBG retribution, by first establishing a local regulation on retribution in accordance with the provisions of laws and regulations.Keywords: PBG, Authority, Local Revenue
PENGENAAN SANKSI ADMINISTRATIF PELANGGARAN INTENSITAS PEMANFAATAN RUANG Abitya Indah Rosiani; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Spatial use control is carried out to realize spatial use in accordance with the spatial plan and implemented to encourage everyone to comply with the established spatial plan, utilize space in accordance with the spatial plan, and comply with the provisions stipulated in the requirements for space utilization activities. One of the ways to control the use of space is through the imposition of sanctions. This study aims to provide a description and academic recommendations for setting administrative fines for violations of the intensity of spatial use in the context of building construction in the city of Surabaya. This study tries to discuss the forms of violations of spatial use intensity and legal conformity in the imposition of administrative sanctions for violations of spatial use intensity against the construction of buildings in the city of Surabaya. The conclusion of this study is that the form of violation of the intensity of spatial use is a violation of the technical provisions as stated in the Description of the City Plan (KRK) which is the basis for preparing the building's technical plan, while the legal conformity is carried out when applying for a Building Permit and determined by a Regional Fines Decree (SKDD) ) with the amount of the administrative fine taking into account certain aspects. To apply fines for violating the intensity of spatial use, the Surabaya City Government needs to compile a legal basis regarding the procedures for imposing fines for violating the intensity of spatial use.Keywords: spatial use control, administrative sanctions.
PERLINDUNGAN HUKUM HAK ULAYAT MASYARAKAT ADAT SUKU TAMBEE DI KABUPATEN LUWU TIMUR Ismail Th. Sapiu
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Ulayat rights are a series of authorities and obligations attached to a customary law community. Indigenous peoples are a group of people who have the same cultural identity, live for generations in the same geographical area based on ties of ancestral origins, have wealth and customary property that are jointly owned and have customary institutions or norms. This research uses normative juridical research methods, namely analyzing a legal problem with applicable rules. Whereas the existence of the Tambee tribe community existed before the independence of the State of Indonesia until now, the village inhabited by the Tambee tribe has abundant natural potential supported by a fairly large area. Bearing in mind that land has economic value, ulayat land located in the village must be safeguarded for assets. That form of legal protection for ulayat land located in a ulayat village must be certified in order to protect and provide legal certainty in the form of a certificate. Whereas the safeguarding of communal land assets is carried out first by stipulating communal land by the local Regional Government by requiring the support of local law enforcement officers. After obtaining a decree, the land is registered at the local land office for measurement and a land parcel identification number is issued as the basis for land registration. Keywords : Customary law community, Tambee Tribe, Government of East Luwu
PERTANGGUNGJAWABAN PIDANA KORPORASI PADA PERSEROAN PERSEORANGAN Martin Setiawan; Miftakhul Huda
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Government deregulation through Government Regulation in Lieu of Law No. 2 of 2022 has brought several implications to the business world, especially concerning the establishment of sole proprietorships. As this is a new development in the Indonesian business landscape, issues related to sole proprietorships lack sufficient comparative studies. This research aims to analyze and identify the mechanisms of criminal liability that can be applied to corporations within the context of sole proprietorships. A sole proprietorship is a legal entity with characteristics that combine elements of both corporations and individual ownership. The complexity of corporate criminal liability increases when applied to this legal structure. The implications of applying corporate criminal law to sole proprietorships require further examination due to the unique nature of sole proprietorships compared to regular corporations. The research methodology employed is legal research, utilizing a principled approach to law and utilizing primary and secondary legal sources. Normative data is obtained through an examination of regulations related to corporate criminal liability in sole proprietorships. Empirical data is derived from literature or journals authored by legal practitioners, academics, or corporate representatives. The results of this study reveal that corporate criminal liability within the context of sole proprietorships faces several challenges, including the identification of perpetrators and roles in corporate criminal activities, as well as the determination of proportionate sanctions. This study employs a general overview as one of the methods to draw conclusions. Further comprehensive research is needed to gain a deeper understanding of the complexities involved in the application of criminal liability to corporations within the unique context of sole proprietorships. Keywords : deregulation; corporation; PERPU; sole proprietorship; corporate criminal liability
POLITIK HUKUM ATAS PENCEGAHAN TINDAK PIDANA KORUPSI DI BIDANG KONSTRUKSI INDONESIA I Made Sukartha
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Currently what is being highlighted by the Indonesian people is law enforcement against perpetrators of corruption, because many still doubt law enforcement. The community considers that law enforcers are still indicated to be influenced by power, whether in a person's position or status. Therefore, cases of corruption are still common today, and efforts to enforce the law have not had a deterrent effect on society, and have not had a significant effect on reducing corruption. Corruption practices in the construction sector are still common in Indonesia. Even though regarding criminal acts of corruption there is already a Corruption Law, namely Number: 31 of 1999 concerning Eradication of Corruption Crimes, which has been amended by Law Number: 20 of 2001. In this study, normative juridical research was used, with analytical descriptive specifications. The approaches used include statutory approach, conceptual approach, and historical approach. Efforts to deal with corruption through the means of criminal law have not been maximized, so policies for dealing with criminal acts of corruption must also be sought and directed at efforts to prevent and eliminate factors that have the potential to cause corruption. One of the efforts to overcome and prevent criminal acts of corruption, must start enforcing the law by following the example of other countries which apply the maximum penalty, namely life imprisonment or death penalty for perpetrators of corruption, which are truly proven and carried out in a state experiencing an economic crisis. or done repeatedly. . Keywords: Corruption in Construction Sector, Law Enforcement, Prevention of Corruption, Legal Politics
KEABSAHAN PERKAWINAN SIRI DITINJAU DALAM PERSPEKTIF HUKUM INDONESIA DAN HUKUM ISLAM Beni Agus Saputro; Arga Andhika Putra Wibawa; Suwardi Suwardi
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Often discussed about a marriage both according to the view of Islamic law and the view of Indonesian law. The meaning of marriage in question is that it is a form of implementation of the Sunnah of the Prophet based on the applicable Islamic law and one of the biological needs of humans that must be fulfilled by nature and has also been regulated in legal arrangements in Indonesia. Issues that arrangements in Indonesia. Issues that are increasingly rife, especially the existence of unregistered marriages or which can be described as marriages on the basis of liking each other without presenting several witnesses as the validity of the marriage. The problems that arise from this description are, first, what is the validity of betel marriage according to Islamic law and second, how is the validity of betel marriage according to Indonesian law. This study aims to reveal the validity value of an unregistered marriage from Islamic law and applicable law in Indonesia. This research uses a statutory approach, and a conceptual.approach
KEABSAHAN PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI BERDASARKAN USULAN DEWAN PERWAKILAN RAKYAT Moh. Syaihol Hadi
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This legal issue is case study on the dismissal of Aswanto’s Judge based on the recommendation of the House of Representative (DPR). The focus of this research is to analyze the issue of the legal status of dismissal and resulting legal consequences. Legal study of this case is analyzed from three perspective, namely the perspective of normative law, administrative law, constutional law. This is normative’s research through statute approach, case approach, and conceptual approach. The results of this research show that the dismissal Aswanto’s Judge is contrary to normative law, which is based on the UUD 1945 and Law on the Constitutional Court. However, the status of his dismissal remains legally and has legal force because it is bound by Presidential Decree (Keppres). Likewise, when referring to the doctrine of constitutional law, this practice can be called a constitutional convention. Keyword: Judge of Constitutional Court, Dismissal, House of Representative (DPR)
PENGISIAN JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM HAL TERJADI PENUNDAAN PEMILU DALAM PERSPEKTIF UUD 1945 Moh. Syaihol Hadi
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This legal issue originates from the discourse on postponing the 2024 general election. The focus of this research is to analyze the issue of constitutional reason for postponing the general election and filling the potitions of president and vice preside when a postponement of general election. This research is a normative research, and uses a statute approach and a conceptual approach. The results of this research show that postponing general election can occur if amendments to the UUD 1945 are made. And non-legally, through a constitutional convention, a legal revolution, or through a presidential decree.In addition, the postponement of general elections can lead to legal uncertainty and chaos, one of which is a vacancy for the positions of president and vice president. Because there is not norm of UUD 1945 which regulates the mechanism for filling the positions of president and vice president, the result is a legal vacuum. The problem of vacancies in positions and legal vacuumcan be overcome by optimizing the judiciary, namely the Constitutional Court. Keyword: Filling the Positions, President and Vice President, Postponing the General Election

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