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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 183 Documents
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PERLINDUNGAN HUKUM PADA ANAK YANG MENJADI KORBAN KEKERASAN SEXSUAL DILINGKUP KELUARGA Sampurno, Heri
Jurnal HUKUM BISNIS Vol 9 No 2 (2025): Volume 9 no 2 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Nowadays there are many victims of violence experienced by children, so the author wants to discuss legal assistance for children who are victims of criminal acts of sexual violence in the family environment. To analyze the extent of legal assistance to children who are victims of criminal acts of sexual violence in the family environment. This research uses normative legal research methods. By using normative legal research methods, researchers focus on studying the application of norms or rules in positive law which are then linked to with the problems that are the main subject of this research. Protection for victims of sexual crimes, namely the existence of prevention efforts or efforts to overcome them after the crime occurs, protection in these legal efforts. By providing supervision/protection from various threats that would endanger victims. Then there is providing adequate medical assistance. A form of legal protection for children who are victims of sexual violence by getting treatment and opportunities in accordance with their needs in various areas of life, so that in providing legal protection for children by the government it must be based on the Principles of Children's Rights, namely respect, and protection of children's rights.
PERATURAN DAERAH NOMOR 6 TAHUN 2016 TENTANG BANTUAN HUKUM UNTUK MASYARAKAT MISKIN DI KOTA SORONG Ulupalu, Rauf
Jurnal HUKUM BISNIS Vol 9 No 2 (2025): Volume 9 no 2 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Regional Regulation Number 6 of 2016 Concerning Legal Aid for the Poor in Sorong City in providing free legal aid for the poor in reality has not been able to run well because of deviations in its practice. These deviations can still be found at the beginning of the criminal trial process, making exceptions, making replies, pleas, in examining witnesses and in carrying out other defenses. The obstacles experienced by the Legal Aid Institution in providing free legal aid for the poor in the criminal trial process at the Sorong District Court, there are internal and external obstacles, namely internal obstacles from the legal counsel themselves and external obstacles from the public prosecutor, judges and the community who receive legal assistance. Overcoming the obstacles experienced by Advocates in providing free legal aid for the poor can be overcome with 3 legal factors as a solution, namely, the legal substance factor, legal structure and legal culture.
TANGGUNG JAWAB PIDANA BAGI APARATUR SIPIL NEGARA KARENA TURUT SERTA MELAKUKAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PEJABAT ATASAN Sukartha, I Made
Jurnal HUKUM BISNIS Vol 9 No 2 (2025): Volume 9 no 2 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This research examines whether civil servants can be prosecuted for participating in corruption crimes committed by their superior officials and what legal measures can be taken to avoid prosecution for participating in corruption crimes committed by their superior officials. This research is a research using descriptive analytical specifications. To clarify this analysis using the approach method: Legislation (statute approach); Conceptual approach (conceptual approach); The case approach. In the case under investigation, ASN subordinates must accept and be convicted of committing a criminal act of participating as referred to in Article 55 of the Criminal Code. Therefore it is very important for ASNs to know and understand the steps, and what legal or non-legal remedies can be taken by subordinate ASNs to avoid criminal proceedings and the impact of criminal acts that they will experience. When an ASN feels or can predict that the order of their superior has the potential to become a corruption law problem, the ASN should have the courage to refuse the order of their superior so that the ASN is not burdened with responsibility for dealing with criminal corruption that has occurred. It is better for ASN to conduct legal consultations with competent parties before carrying out orders from superiors that have the potential to become criminal law problems for corruption. Keywords: ASN, Special Crimes, Corruption, Article 55 of the Criminal Code (participating)
KONSEP PENERAPAN PIDANA MATI TERHADAP TINDAK PIDANA KORUPSI YANG DILAKUKAN PADA KEADAAN BENCANA DALAM PERSPEKTIF HAK ASASI MANUSIA Rachmanto, Fandri
Jurnal HUKUM BISNIS Vol 9 No 3 (2025): Volume 9 No 3 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The application of the death penalty for corruption in disaster situations has raised pros and cons in various parts of the world. From a human rights perspective, the application of the death penalty is considered a violation of human rights because it violates the right to life. Human rights state that every individual has the right to life and should not be given the death penalty for any crime. In addition, the application of the death penalty is also considered to violate the right to protection from inhumane and insulting treatment of human dignity. This is because the process of executing the death penalty often involves inhumane and painful treatment for prisoners. The implementation of the death penalty for corruption is also considered an effective form of punishment to eradicate corruption in disaster situations. Corruption in disaster situations will result in injustice and suffering for many individuals who are victims of the disaster. Therefore, the application of the death penalty is considered a strong signal to perpetrators of corruption that their actions will not be tolerated and will be given a punishment commensurate with the losses they cause.
PENELITIAN PENGEMBANGAN HUKUM PARATE EKSEKUSI HAK TANGGUNGAN OLEH KREDITUR YANG BERASAL DARI PERALIHAN PIUTANG ( CESSIE ) SETYAWAN, DIAN SISCAWATI
Jurnal HUKUM BISNIS Vol 9 No 3 (2025): Volume 9 No 3 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Transfer of Mortgage and Cessie Rights in Civil Law. Agreements can give rise to legal consequences which are the goals of the parties. Mortgage rights are a type of security right that can be transferred via cessie. Claim rights can be transferred to new creditors in accordance with the Civil Code. Cessie is the replacement of old receivables with new receivables. Laws are needed regarding notification of cessie to debtors and executorial powers in decisions must ensure legal certainty. Keywords: agreement, mortgage, cessie, executorial
PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP ( PTSL ) DALAM PERSPEKTIF KEPASTIAN HUKUM Rajasa, Aqsha; Rini, Indrati
Jurnal HUKUM BISNIS Vol 9 No 3 (2025): Volume 9 No 3 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The Complete Systematic Land Registration (PTSL) program is a national initiative aimed at accelerating land registration in Indonesia to ensure legal certainty and protection for landowners. However, the implementation of PTSL has raised legal issues, particularly concerning the protection of land rights holders in cases of overlapping claims, administrative errors, and disputes arising after certification. This study aims to analyze the extent of legal protection provided to landowners within the PTSL framework and evaluate the program from the perspective of legal certainty. Using a normative juridical method supported by empirical data, this research examines relevant regulations, legal principles, and case studies from several regions. The findings indicate that while PTSL contributes significantly to land certification, the effectiveness of legal protection is limited by inconsistencies in local land data, lack of public legal awareness, and insufficient dispute resolution mechanisms. To strengthen legal certainty, the study recommends the improvement of land data integration, enhanced legal education for the public, and the establishment of more accessible and responsive legal remedies for aggrieved land rights holders. Keywords: PTSL, protection, landowner
PERLINDUNGAN HUKUM TERHADAP NOTARIS YANG TIDAK DIBAYARKAN HONORARIUM Pratama, Disty Wahyu; Raharjo, Kukuh Muljo
Jurnal HUKUM BISNIS Vol 9 No 3 (2025): Volume 9 No 3 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

In carrying out their duties, notaries are often faced with a condition where the client who does the deed before them does not pay the honorarium, which should be the right of the notary. UUJN and UUJN-P also do not give the notary the authority to withhold deeds that the notary has completed, but the client has not paid the honorarium. This study analyzes the characteristics of the regulation of notary honorariums and legal protection for notary honorariums. This study is a normative legal study using a statutory and conceptual approach. The study's results indicate that the characteristics of the current regulation of notary honorariums are that the maximum limit of notary honorariums is regulated in UUJN. In contrast, the minimum limit is regulated in the Notary Code of Ethics. The Notary Code of Ethics has determined that the organization determines the minimum limit of notary honorariums. UUJN and UUJN-P do not regulate the right of retention for notaries for honorariums that have not been paid by the person appearing, so in this case, there is no legal protection given to the notary. The legal protection notaries can carry out at this time is preventive by first requesting that the honorarium be provided before the deed is done. Keywords: Notary, Honorarium, Legal Protection
PEMEKARAN DAERAH PROVINSI PAPUA BERDASARKAN UNDANG – UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH saleh, mohammad; Seno, Puthut Bayu
Jurnal HUKUM BISNIS Vol 9 No 3 (2025): Volume 9 No 3 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Regional expansion is considered a solution to accelerate development and bring public, social, and economic services closer to the community. The 1945 Constitution of the Republic of Indonesia provides a constitutional basis for regional autonomy policies, including the formation of New Autonomous Regions (DOB) as occurred in 2022 with the birth of three new provinces in Papua: South Papua, Central Papua, and Papua Mountains. The Indonesian House of Representatives stated that the expansion aims to equalize development, accelerate services, and strengthen the role of customary areas. However, this policy has drawn pros and cons among the Papuan people. The purpose of this study is to determine the plan to implement the regional expansion of Papua Province in terms of Law Number 23 of 2014 concerning Regional Government and the plan to establish the New Autonomous Region of Papua in terms of the principle of public participation. The results of the study show that regional formation can be carried out through regional expansion or merger. However, regional expansion often presents challenges, such as weaknesses in the quality of the apparatus, natural resource management capacity, and less than optimal improvement in community welfare. Nevertheless, regional expansion, including in Papua, is carried out to accelerate equitable development, improve public services, and raise the dignity of indigenous Papuans by considering political, legal, socio-cultural, economic aspects, as well as community aspirations.. Keywords: Regional Expansion, Regional Autoommy Policies, Papua
ANALISIS YURIDIS TERHADAP PENETAPAN HONORARIUM KURATOR DALAM PROSES KEPAILITAN DI INDONESIA Effendy, Mohammad Yusuf; Huda, Miftakhul
Jurnal HUKUM BISNIS Vol 9 No 3 (2025): Volume 9 No 3 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

In the Indonesian bankruptcy law system, the curator plays a central role in inventorying, managing, and administering bankruptcy assets for the benefit of creditors, so his existence is very important and must be properly rewarded in the form of a curator's honorarium. The determination of this honorarium is regulated in detail in Law Number 37 Year 2004 on Bankruptcy and Suspension of Debt Payment Obligations, specifically in Article 60 and Article 63, which states that the honorarium must be determined by the court based on the proposal of the curator and the approval of creditors, so it cannot be done unilaterally. The amount of honorarium must be proportional to the workload, risk, and complexity of managing bankruptcy assets, as well as based on the value of bankruptcy assets managed. Supreme Court Regulation No. 1/2018 provides technical guidance on the mechanism of submission and determination of honorarium by the court, emphasizing the importance of transparency, accountability, and supervision to prevent abuse of authority by the curator. Overall, the regulation and practice of determining receivers' fees in Indonesia reflects the legal system's efforts to provide legal certainty and justice for all parties involved in the insolvency process, ensuring that fees are awarded fairly, transparently, and proportionally in accordance with the duties and responsibilities of the receivers. Keywords: bankruptcy law system, the curator, curator's honorarium
Perlindungan Hukum Pemegang Hak Atas Tanah dalam Program Pendaftaran Tanah Sistematis Lengkap (PTSL) dalam Perspektif Kepastian Hukum Ulupalu, Rauf
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The Complete Systematic Land Registration Program (PTSL) is a government initiative to accelerate land certification in Indonesia to ensure legal certainty and protection for landowners. However, the implementation of this program has raised various legal challenges, especially related to the protection of land rights holders from overlapping claims, administrative errors, and post-certification disputes. This study uses a normative legal method supported by empirical data to examine the extent of legal protection provided to landowners and evaluate the effectiveness of the PTSL program in realizing legal certainty. The results of the study indicate that although certification coverage has increased, data inconsistencies, weak coordination between institutions, and minimal public legal awareness reduce the effectiveness of legal protection. This article recommends strengthening institutional synergy, increasing data accuracy, and increasing legal education for the public to support justice and legal certainty for land rights holders. Keywords: PTSL, Land Certification, Landowner, Legal Certainty

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