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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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PENEGAKAN HUKUM TERHADAP PELANGGARAN RIGHT OF WAY OLEH PERUSAHAAN PROPERTI DI KOTA SURABAYA Sholehuddin, Muhammad
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study aims to analyze the legal basis for the violation of the Right of Way of the Surabaya city government and the consequences for housing built by property companies in the city of Surabaya. This study uses a normative legal research type with a statute approach. Primary sources of legal materials include laws and regulations that regulate the right of way, namely East Java Provincial Regulation Number 10 of 2023, Surabaya City Regional Regulation Number 33 of 2019 concerning Road Implementation, Government Regulation Number 21 of 2021 and so on. Meanwhile, secondary sources of legal materials include legal literature, books, journals, articles, and legal studies that discuss the implementation of the right of way, dispute resolution, and corporate legal responsibilities in property development or the like. The data collection technique is carried out through document studies, namely reviewing relevant legal documents and identifying how they are applied in violation cases in the city of Surabaya. Then it is systematically analyzed to get relevant and in-depth conclusions. The results of his research explain that the Surabaya City government has a legal basis to enforce the law against violations of the Right of Way by property companies through several regulations as explained in the discussion. Violations of the Right of Way by property companies in Surabaya can have serious legal consequences, both for the company and the housing they build. Keywords: Law Enforcement, Right of Way, Property Companies
KEBIJAKAN PEMERINTAH KABUPATEN BADUNG DALAM PEMBATASAN BANGUNAN HOTEL Soemarno, Harry
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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ABSTRACT This article examines the policy of the Badung Regency Government in restricting hotel development as a means of controlling tourism accommodation growth. The study employs literature review, field observation, and interviews, analyzed descriptively through normative and sociological approaches. The findings indicate that the restriction efforts are implemented through two key regulations: Regional Regulation No. 26 of 2013 on Spatial Planning and Regent Regulation No. 36 of 2014 concerning minimum land area, room size, and supporting facilities for hotels and condotels. Policy implementation faces challenges such as violations of building permits (IMB), green zone encroachments, and building height limits. Nevertheless, these regulations have proven effective in curbing new accommodation development and supporting sustainable tourism, encompassing environmental preservation (palemahan), socio-economic welfare of local communities (pawongan), and cultural preservation and development (parahyangan). Keywords: policy, restriction, tourism accommodation, hotel, Badung
TINJAUAN HUKUM TERHADAP PENGGUNAAN GPS PADA KENDARAAN SEWA DALAM PERSPEKTIF PERLINDUNGAN PRIVASI KONSUMEN Santosa, Malik Buana; Octarina, Nynda Fatmawati
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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ABSTRACT The development of Global Positioning System (GPS) and voice recorder technology in rental car vehicles offers real benefits in improving fleet security, tracking in the event of loss, and monitoring renter behavior. However, the installation of these devices without explicit notification and consent has the potential to violate the right to privacy—a human right protected by Article 12 of the Universal Declaration of Human Rights (UDHR), Article 28G paragraph (1) of the 1945 Constitution, and clarified in Law Number 27 of 2022 concerning Personal Data Protection. This study uses a juridical-normative method with a statutory regulatory approach and the concept of the right to privacy to analyze the legality of installing GPS and voice recorders in rental cars. The results of the study indicate that (1) GPS installation is permissible as long as it is accompanied by transparency, written consent, and data access is limited to vehicle security purposes only; (2) voice recorders have the potential to violate criminal provisions on wiretapping because they record private conversations without permission; and (3) national regulations do not yet provide detailed technical guidelines regarding the consent mechanism, storage time limits, and audits of data use. This study recommends updating rental agreement clauses, implementing the principle of privacy by design in devices, and strengthening state oversight to ensure the protection of renters' privacy rights as well as legal certainty for car rental businesses. Keywords: privacy, GPS, car rental
PENERAPAN PRINSIP PACTA SUN SERVANDA DALAM KASUS PELANGGARAN HAM PADA KEBIJAKAN OPEN THE GATE POLICYMILIK JERMAN Oktaviasari, Awanda Cindy; Saleh, Mohammad
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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ABSTRACT This study examines the application of the pacta sunt servanda principle in the context of Germany’s Open the Gate Policy as a response to the Syrian refugee crisis. The pacta sunt servanda principle obliges states to honor international agreements they have ratified, including the 1951 Refugee Convention and various European Union regulations such as the Lisbon Treaty and the Dublin Regulation. In practice, Germany initially became one of the most open countries to refugees; however, this policy triggered serious challenges, including allegations of human rights violations in refugee camps and procedural inconsistencies with international standards. This research employs a normative juridical method with statutory and historical approaches. The findings indicate that although Germany adhered to international agreements at the outset, it faced legal and reputational consequences due to inadequate human rights protections in implementation. The study recommends the importance of aligning domestic policies with international obligations to prevent violations against refugees and asylum seekers. Furthermore, the active involvement of international institutions such as the UNHCR is essential in monitoring the enforcement of human rights principles at the global level. Keywords: Pacta Sunt Servanda, Open the Gate Policy, Germany, Syrian Refugees, Human Rights Violations, International Law
KONSTITUSIONALITAS PENYELENGGARAN PEMILIHAN UMUM TIDAK SERENTAK DI INDONESIA Hanun, Yunan
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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General elections are a crucial instrument in upholding popular sovereignty, which is the main pillar of the constitutional democratic system in Indonesia. After the amendment of the 1945 Constitution, Article 22E emphasizes that elections must be held directly, publicly, freely, secretly, honestly and fairly every five years. The Constitutional Court (MK) Decision Number 14/PUU-XI/2013 emphasized the urgency of simultaneous elections on the grounds of strengthening the presidential system, increasing the efficiency of implementation, and preventing political fragmentation. This assertion was reinforced by Constitutional Court Decision Number 55/PUU-XVII/2019, which rejected the separation of legislative and executive elections. However, a new perspective emerged through Constitutional Court Decision Number 135/PUU-XXII/2024 which opened the possibility of conducting elections non-simultaneously. The Constitutional Court's consideration in this decision was based on aspects of technical efficiency, simplification of the electoral stages, and the potential to improve the quality of public participation. The consequence of this concept raises a dilemma related to the consistency of constitutional norms, especially with regard to the principle of simultaneity, the principle of equality of voting rights, and the continuity of the term of office of the legislative and executive institutions. This research was conducted using normative legal research methods, combining a statutory approach and a conceptual approach. Keywords: Constitutionality, Elections, Constitutional Court Decision
WANPRESTASI DALAM PERJANJIAN YANG BERBASIS APLIKASI DIGITAL Hanun, Yunan
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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The development of digital technology has changed the pattern of agreements from conventional models to application-based systems. This transformation brings efficiency in transactions, but at the same time raises legal challenges, especially when default occurs. The problem of default in digital agreements can be in the form of late payments, inappropriate delivery of goods, adverse application technical disturbances, or neglect of obligations by service providers and consumers. These conditions raise questions about how legal protection for the parties and effective dispute resolution mechanisms in the digital realm. This research aims to examine the forms of default and examine the legal remedies available in digital application-based agreements. The method used is normative legal research with a statutory approach and a case approach. Keywords: Agreement, Default, Digital Application
DISKRESI PENEGAK HUKUM DALAM PENERAPAN PREJUDICIEEL GESCHIL Marleno, Risma; Rumihin, Ony Frengky; Arwanto, Bambang
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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Law enforcement discretion is an essential instrument in judicial practice that provides flexibility for judges or law enforcement officials to make decisions based on juridical, moral, and propriety considerations, outside of rigid legal provisions. One of its strategic applications is in prejudicieel geschil, which is a mechanism to postpone the examination of criminal cases until there is a civil case decision that has a substantial relationship with the subject matter of the criminal case, which aims to prevent contradictions in decisions between courts. This mechanism is regulated in Supreme Court Regulation Number 1 of 1956 and Supreme Court Circular Letter Number 4 of 1980, which distinguishes two forms of prejudicieel geschil, namely question pre judicielles a l action (mandatory delay) and question prejudicielles au judgement (facultative delay). Based on normative legal research with a statute approach and conceptual approach. Keywords: Discretion, Law Enforcement, Prejudicieel Geschil
PENDAPAT HUKUM TENTANG PEMBENTUKAN “KAMPUNG RESTORATIVE JUSTICE” DI KABUPATEN Patiwi, Frida
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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“Kampung Restorative Justice” is a community-based initiative to resolve criminal cases through mediation and dialogue rather than punishment, aiming to restore relationships between perpetrators, victims, and the community. This approach emphasizes peaceful settlement through mutually agreed resolutions, education to raise awareness of restorative principles, and prevention by encouraging accountability and rehabilitation. Implementation typically involves community leaders or neutral mediators, active community participation, and prioritizing out-of-court settlements for minor cases such as theft, assault, or traffic violations. Despite challenges like limited public understanding, differing views among law enforcement, and lack of facilities, this initiative offers a promising pathway to create a fairer, victim-centered, and sustainable justice system at the village level. Keywords: Restorative Justice Village, Government, Gresik
PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PERJANJIAN JOINT VENTURE YANG BERUJUNG WANPRESTASI Noviar, Audi Firza
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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This article examines legal protection for investors in joint venture agreements that result in breach of contract. The core issue lies in the weakness of both contractual and normative instruments that can guarantee legal certainty for investors when their business partners violate the terms of the agreement. This research aims to identify the available legal protection mechanisms and the normative and practical obstacles faced by investors in asserting their rights. The approach used is normative juridical through library research. Data were obtained from legal literature, statutory regulations, and case studies, including the joint venture dispute between PT Pertamina (Persero) and Saudi Aramco. The findings indicate that the absence of specific regulations on joint ventures, the weak bargaining position of investors in contracts, and limited access to information and dispute resolution mechanisms are the main challenges to investor protection. Therefore, regulatory reform, strengthening of contractual clauses, and a more active role of the state are needed to ensure justice in business partnerships. Keywords: investor protection, joint venture agreement, breach of contract, civil law, business disputes
KEPASTIAN HUKUM PUTUSAN BANDING ADMINISTRATIF DALAM PENYELESAIAN SENGKETA ADMINISTRASI TATA USAHA NEGARA Nugroho, Purwo Adi; Arwanto, Bambang
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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Legal certainty is one of the main principles in the rule of law system that requires every action and decision made by government administration to be based on clear, understandable law, and provides a guarantee of protection for the rights of citizens. In resolving disputes in the field of state administrative administration, one of the procedures regulated is through administrative mechanisms in the form of filing objections and administrative appeals. This study aims to examine whether an administrative appeal decision can still be pursued further legal remedies, as well as how the principle of legal certainty is realized in the process using normative research methods with a statue approach and conceptual approach. The results of the study show that administrative appeal decisions are final in the realm of government administration, so that no objection or re-appeal is possible administratively. However, this finality does not eliminate the right of individuals to file a lawsuit with the State Administrative Court (PTUN) if they feel aggrieved. The judicial route remains open as a form of judicial oversight of administrative actions. Keywords: Legal Certainty, Administrative Appeal Decision, State Administration.

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