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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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KEABSAHAN PENANDATANGANAN APBD OLEH PELAKSANA HARIAN SEKRETARIS DAERAH PROVINSI JAWA TIMUR Mohammad Ashari
Jurnal HUKUM BISNIS Vol 6 No 1 (2022): Volume 6 Nomor 1 April 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The government must find a solution to solve the problem of vacancies. To anticipate the ineffectiveness of public services and state administration, there must be a state apparatus that carries out the duties and functions of the position left by the incumbent. The filling of vacancies can be done by filling certain public officials with the existing state apparatus. The position can be assigned according to existing rules or laws so that government services can continue to run. The filling of vacancies can be done by appointment or delegation in accordance with the needs and laws and regulations. in accordance with applicable laws and regulations, other public officials may fill vacant positions in the form of Daily Executive Officers, hereinafter referred to as (Plh) and Acting Officers, hereinafter referred to as (Plt). In this case, the author uses a normative juridical approach. In addition, in the writing of this research, a legal concept analysis approach, analysis of legislation, and a case approach related to the position occupied by Heru Tjahjono as the Daily Executive Secretary of the East Java Regional Government was used. Meanwhile, in collecting the data, the writer uses the method of collecting data through document/library studies (library research). The results of this study indicate that the authority of the Acting Regional Secretary, in this case the Regional Secretary of the East Java Province, is indeed limited to matters of a strategic nature because the day-to-day executive officers are only a continuation of the wheels of the Regional Government. If during that time a strategic policy is needed that must be taken by the Acting Secretary of the East Java Province, then Article 132 A paragraph (1) of PP 49/2008 can be used as the basis for taking strategic policies. However, according to paragraph (2) of the provisions of this article, it is stated that these 4 (four) prohibitions can be excluded after obtaining written approval or permission from the Minister of Home Affairs. Keywords: Authority, Daily Executor, and Provincial Secretary.
PENDIRIAN PERSEROAN TERBATAS OLEH SUAMI ISTERI DENGAN MODAL HARTA BERSAMA NONOT ROESITO AGAY
Jurnal HUKUM BISNIS Vol 6 No 1 (2022): Volume 6 Nomor 1 April 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The Supreme Court's decision Number 69/PUU-XIII/2015, states that a marriage agreement can be made free of time by husband and wife and can be related to a marriage agreement regarding the use of joint assets, including being used for capital for the establishment of a limited liability company. There are no restrictions on the marriage agreement made by husband and wife in establishing a limited liability company, because the establishment of a limited liability company is an accumulation of capital established based on an agreement in which each party is obliged to deposit capital into a limited liability company.
PROBLEMATIKA YANG MUNCUL KARENA PENERBITAN SERTIPIKAT HAK ATAS TANAH ELEKTRONIK Rio Prasetio
Jurnal HUKUM BISNIS Vol 6 No 1 (2022): Volume 6 Nomor 1 April 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Changes in the era of the industrial revolution 4.0. In this case, all activities that support life are made easier by the presence of technology to make it more practical and efficient. In the field of Land Law, in order to realize the improvement of land services, starting to implement electronic-based land services, to the documents produced in the form of electronic documents. Land reform is very much needed to improve services to the community, aiming to re-register land ownership, use and utilization of agrarian resources, especially land in order to achieve accuracy, certainty, and legal protection quickly, even to avoid the existence of land mafias. The Ministry of Agrarian Affairs and Spatial Planning issues Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates. The results of this study indicate that: (i) the phrase "can" in Article 2 of the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates which means that it is not obligatory to replace conventional land rights certificates that have been owned by electronic certificates, (ii) the human resources for implementing land registration and their equipment, especially in the Village area, are not yet ready, (iii) not all land in Indonesia has been mapped and registered for the first time; (iv) not all people understand the procedure for issuing electronic certificates;(v) Data from electronic land certificates is prone to being hacked for unfavorable purposes. Keywords : Electronic Certificate, Problems
KEABSAHAN JUAL BELI KENDARAAN BERMOTOR TANPA DISERTAI SURAT KEPEMILIKAN Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The sale and purchase agreement is the most widely used agreement for the legal transfer of ownership. in the legal system, the transaction form, consequences and legal protection are clearly regulated for the parties. It is urgent to establish juridical provisions to protect the parties from various negative and exploitative actions that are detrimental to the seller and the buyer. All types of property can be traded, as long as there are no rules prohibiting it, both in the form of movable and immovable objects. One of the objects of the transaction is motorcycles, both new and used, financial ability usually affects people's purchasing power because not all of them can afford to buy a new motorcycle because the price is quite high. So as an alternative, some people buy second-hand motorcycles, both those that are half-used, and those that are old, according to their wishes, needs, and financial capabilities. Keywords: Buying and selling, legitimacy, motorized, ownership certificate
TINJAUAN YURIDIS PENYELENGGARAAN PERUSAHAAN DAERAH AIR MINUM KOTA SURABAYA Iwan Sumartono; Sugeng Irawan Hadi Erfianto; Andi Gotama Chandra; Candra Wijaya Nitihardjo; Rolly Ade Charles Kaawoan
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

In the context of measuring the success of managing regional public companies, it is based on the fulfillment of PDAM performance achievement criteria as regulated in Kepmdagri 47/1999 concerning Guidelines for Performance Assessment of Regional Drinking Water Companies. The success of PDAM implementation is classified into 5 (five) groups, namely a) Very Good, if the performance score is above 75; b.) Good, if the performance score is above 60 to 75; c.) Enough, if you get a performance score above 45 to 60; d.) Less, if the performance score is above 30 to 45; e.) Not Good, if the performance score is less than or equal to 30. Each of the above PDAM success rate classifications is measured based on the achievement of weights on each financial aspect (45 weight), operational (40 weight), and administrative aspect (15 weight). Keywords: PDAM, performance, measure, achievement
PERLINDUNGAN HUKUM MAHASISWA TERHADAP DEGRADASI NILAI AKREDITASI PROGRAM STUDI DAN PERGURUAN TINGGI Miftakhul Huda
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Accreditation of study programs and universities is still very valuable for students, especially for continuing careers after studying in college. Various agencies require study program accreditation scores to be able to participate in the selection of job vacancies. Students who initially register at a university with good accreditation, do not have a guarantee that when they graduate their study program accreditation does not decrease. Meanwhile, the accreditation value used is the accreditation value at the time of graduation from the university. Therefore, the position of students is very vulnerable to be harmed by changes in the value of accreditation, especially those changes caused by education management errors. It is necessary to clarify the legal position of each party so that it is clear who is responsible and what legal remedies can be taken. This research was conducted using a normative juridical method with a statutory and conceptual approach. The results of this study are that students can file a lawsuit for unlawful acts at the District Court or a lawsuit Onrechtmatige Overheidsdaad at the State Administrative Court. Keywords: Student, Higher Education, Accreditation
KONSEP 3 IN 1 IN THE LAND ACQUISITION UNTUK TANAH ASET DESA SEBAGAI KEKAYAAN ASLI YANG SAH Satria Wira Yudha; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

In the public interest, including the interests of the nation and state as well as the common interests of the people, land rights can be revoked by providing appropriate compensation according to the method regulated by law. The case that occurred was that the residents of Kapru Hamlet, Gunungsari Village, Bumiaji District, Batu City felt disadvantaged after finding that one of the Village Treasury Lands (TKD) was controlled by individuals. The formulation of the problem in this study is how legal efforts can be taken by the residents of Gunungsari Village to save village land assets from individual parties based on the 3 in 1 in the Land Acquisition concept. The research method in studying this problem is normative legal research. The concept of 3 in 1 in the Land Acquisition in land acquisition for development is a land acquisition activity from beginning to end or from upstream to downstream which ultimately leads to three points, namely the start point, decision point and product point. Individuals who control the land to be used as land can file an objection and verification and improvement will be carried out in order to obtain legal certainty regarding ownership rights and land objects. However, if it is Village Treasury Land, the individual does not receive compensation. Keywords: Land Procurement, Public Interest, .Village Land
ANALISIS YURIDIS NOTARIS MELAKUKAN PROMOSI MEDIA ELEKTRONIK TERKAIT KODE ETIK NOTARIS Brilliant Nanda Prayoga
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The form of Notary promotion which is a violation of the Law on Notary Positions and the Code of Ethics is a Notary who promotes himself, either individually or jointly, by including his name and position, using electronic media facilities, which affects the honor and dignity of the Notary's position and the Responsibilities of the Notary who conduct self-promotion via the internet, which must be ready to accept administrative sanctions in the form of reprimands and coaching, and if the Notary concerned does not heed or the advertisement is carried out continuously, the Notary must be ready to accept sanctions in the form of temporary suspension from membership of the association.
WANPRESTASI DALAM PENGADAAN JASA KONSTRUKSI Ibnul Watoni; Edshafa Muharatulloh; Ravee Jevon Susanto
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Developments in development today are increasing not only in urban areas but in rural areas, development continues to be intensified for the sake of creating smooth community mobility, one of which is through construction services. In the procurement of construction services, it is determined that an agreement and/or contract must be entered into to bind the construction object. The basis for carrying out construction through contracts is not only carried out by the private sector but can also be carried out by the government. It becomes a problem when the procurement of construction services does not pay attention to the substance of the contract, causing one of the parties to default, especially if there has been a court decision that has obtained permanent legal force. The formulation of the problem proposed by the author is what are the characteristics of default in the procurement of construction services as stated in Decision No. 01/Pdt.G/2019/PN.Jkt.Sel and how is the legal protection in case of default in the procurement of construction services. The research conducted by the author uses normative legal research using a statutory approach and a case approach. The results of this study are that the characteristics of default in the procurement of construction services must refer to the contract of both parties and the indicator is that one party feels aggrieved by the actions of the other party and legal protection in the event of a default in the procurement of construction services is the party who feels aggrieved can request cancellation of the agreement. accompanied by reimbursement of costs, losses and interest payments. Key words : Construction Services, Default, legal protection
Urgensi Akta Perjanjian Kerja Sama Notaris dalam Bisnis Waralaba ditinjau dari Pasal 1245 KUH Perdata Ahmad Naufal Qois; Habib Adjie
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The COVID-19 pandemic has had a significant impact on business activities related to logistics access, which had stalled, resulting in potential non-fulfillment of obligations in business contracts. In the franchise business, there are many unilateral agreements that must be obeyed by business partners. Most of the people agree to the agreement that has been made unilaterally by the franchisor or franchisor. This research method uses a normative juridical approach, carried out with analytical descriptive analysis of juridical studies on authentic deeds, notarial cooperation agreements, franchise businesses and overmacht (Article 1245 of the Civil Code). The technique of collecting legal materials is done by studying literature, browsing internet materials in the form of articles and scientific journals. The urgency of the notary cooperation agreement deed in the franchise business is the legal basis to protect the rights and obligations of the parties. Article 1245 of the Civil Code provides legal protection for parties involved in the deed of agreement. An authentic deed becomes a technical step related to legal remedies that are carried out in the event of a compelling situation experienced by one of the parties in a franchise business agreement. Keywords: Urgency, Notarial Cooperation Agreement, Franchise Business, Article 1245 of the Civil Code

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