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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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KEPASTIAN HUKUM PARTISIPASI MASYARAKAT DALAM PENERBITAN PERIZINAN DIBIDANG PERTAMBANGAN Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study aims to understand the essence of community participation in various stages of mining business permits. This research method uses a normative method and then analyzed qualitatively with a Legislative and Conceptual approach. Meanwhile, community participation related to their involvement in the issuance of IUPs has not been considered effective as based on Law no. 3 of 2020, Law no. 32 of 2009, PP No. 8 of 2018, PP No. 22 of 2021, Minister of Environment Regulation No. 17 of 2012, as well as laws and regulations related to Amdal or UKL-UPL. In addition, the supervision of the rock mining business permit found environmental damage due to the mining business activity, in addition it was found that there were miners who carried out reclamation outside the mining business permit area and did not meet the criteria for success in the reclamation effort. so that he was ordered to re-do efforts to restore the environment in damaged locations that are within the mining business permit area. Mining business activities carried out without the participation of the surrounding community can cause social, environmental and economic problems for the community. Especially ecological problems that have a huge impact on the community such as floods, abrasion, forest fires, landslides and tornadoes, according to data from the South Sulawesi Walhi, throughout 2019 nearly 1.03 million residents of South Sulawesi were affected by this ecological disaster.Keywords: legal certainty, licensing, mining.
KEWENANGAN DAERAH KABUPATEN DALAM PENGAWASAN PERTAMBANGAN RAKYAT DI DAERAH Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study aims to determine the role of local governments in supervising mining activities. Since the enactment of Law no. 3 of 2020 concerning Mineral and Coal Mining, the existence of community mining from the aspect of licensing, supervision, guidance, to environmental management is increasingly making it difficult for small communities, while the authority of district/city governments in issuing mining permits based on Law Number 23 of 2014 concerning Regional Government is divided between the government and the provincial government. The authority to issue mining permits based on the concept of regional autonomy is more appropriate if it is owned by the district/city government. Because it is the district/city government that knows more clearly the area. District/city local governments who know that a mining permit can be granted to a person and/or business entity or not, because the district/city government is easier to observe in the field, because the distance is not far. The purpose of this research is to find out how far the state is in favor of the existence of smallholder mining after the new regulation changes. The benefit side in terms of legal policies in order to strengthen the legal position of people's mining. This research method uses a normative method and then analyzed qualitatively with a Legislative and Conceptual approach. Then analyzed qualitatively.Keywords: regional authority, local government, mining supervision
Pungutan Pemerintahan Desa Terhadap Masyarakat Sebagai Penyelenggaraan Pemerintahan Desa Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Illegal levies are acts committed by a person or civil servant or state official by requesting payment of an amount of money that is inappropriate or not based on the regulations relating to the payment. It is often equated with extortion. In fact, extortion is the designation of all forms of unofficial levies, which have no legal basis, so the act of levies is referred to as illegal levies (extortion). Illegal levies in most of the cases that occur have an element of abuse of authority. Is there an element of error and criminal responsibility for illegal levies? Abuse of the authority of an official in his position to commit illegal levies part of the core offense. The element against the law is very much needed to determine someone has committed a crime. Is the unlawful element in illegal levies in line with the principle of legality or not. The author realizes the limitations of the author's ability to complete this paper. However, the author hopes that what the author provides in writing this law can be useful for the author personally and all readers.Keywords: illegal levies (extortion) and public services
KEPEMILIKAN HAK ATAS TANAH YANG TIDAK TERCATAT DI BUKU C KELURAHAN Fatin Hamamah; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Based on the results of the discussion, it was found that the Letter C Book, as initial evidence in accordance with Articles 1866 of the Civil Code and 164 HIR, to obtain a land right in carrying out land registration where these lands are lands that are subject to customary law. With regard to Letter C quotations, many people still hold that they do not understand that Letter C quotations, or the mention Girik by the public, are actually only a basis for tax collection. Owners of proof of letter C often consider that girik as proof of ownership of land. Excerpts of Letter C are in practice kept by the Lurah/Village Head, who already has strong evidence, while Citations of Kelurahan Letters are the results of detailed data collection in 1950 before the enactment of the Basic Agrarian Law. With the enactment of Government Regulation Number 24 of 1997 concerning Land Registration, the Subdistrict Letter C quotation is proof of tax payment and can be applied for as the acquisition of land rights. For this reason, with the evidence of Letter C book citations, the land registration system used is usually used to obtain land title certificates for the first time, meaning that previously these lands had not been certified.
URGENSITAS SISTEM PEMILU PROPORSIONAL TERBUKA BERDASARKAN DEMOKRASI PANCASILA Ika Puspahani; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This paper aims to determine the urgency of an open proportional general election system in the 2024 general election. The research method uses normative legal research, using a statutory approach and a conceptual approach. The focus of this research plan is the general election system (election) based on the constitution. In theory there are two general election systems, namely the district and proportional systems. The proportional system is seen as having strong protection for maintaining plurality or a large number of political parties, because of the treatment that there are no invalid votes and there is a possibility that each political party in an electoral district is able to place its representatives in a representative institution, regardless of the number. This study considers it important to study the correlation of the proportional system in general elections with the spirit of implementing Pancasila democracy.Keywords: Election, proportional system, democracy
PENGENAAN SANKSI DAFTAR HITAM BAGI PELAKU PENGADAAN BARANG/JASA PEMERINTAH Ira Kurnia Prasetia; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This paper aims to find out the forms of violation of the law in the procurement of government goods/services that can be subject to blacklist sanctions and to find out the legal consequences of imposing blacklist sanctions for perpetrators of government procurement of goods/services. In administering the government of a country, the state has the duty to carry out the life of the nation and state in order to improve the welfare of its people. To carry out this main task, one of which is that the government has the obligation to provide adequate facilities and infrastructure to be used by its people in various forms, whether in the form of goods, services or infrastructure development. The government can not always provide its own facilities and infrastructure needed by its people, for that the government seeks to carry out development through spending activities using third parties, namely providers/partners for procurement of goods and services as implementation of the application of sanctions for providers in the process of procurement of goods and services, one of which high integrity and able to help the government in realizing quality facilities and infrastructure for the community. From the government's point of view, the imposition of blacklist sanctions for election participants/providers aims to provide a deterrent effect to election participants/providers who are incompetent.Keywords: Procurement of government goods/services, blacklist sanctions, procurement actors
PENERAPAN DISKRESI PEJABAT FUNGSIONAL PENGELOLA PENGADAAN BARANG/JASA DALAM PENYELENGGARAAN PENGADAAN BARANG/JASA PEMERINTAH Vieka Ariestyani Antari; 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

This paper aims to determine the limits of the implementation of the discretion of the Goods/Services Procurement Management Functional Officer in the implementation of the Government's procurement of goods/services and to find out the form of legal protection for the Goods/Services Procurement Management Functional Officer for the application of discretion in the implementation of the Government's procurement of goods/services. The research method uses normative legal research, using the approach used in this study is the statutory approach and the conceptual approach. The focus of this research plan is the freedom to act on the basis of discretion exercised by government administration bodies/officials, not without limits. This freedom is limited by the General Principles of Good Governance (AAUPB), so it is hoped that there will be no abuse of authority. But if there is a legal deviation from the discretionary decision which results in losses to the community, then the discretionary decision must still be accounted for. By giving freedom of action (discretion) to the state administration in carrying out its duties to create a welfare state, it is hoped that public welfare will truly be created. Because in principle government administration agencies/officials may not refuse to provide services to the community on the grounds that the law does not exist or the law exists but is not clear, as long as this is still under their authority.Keywords: Discretion, Procurement of goods/services, Functional Position of Goods/Services Procurement Management
KEBERLAKUAN PERATURAN DAERAH KOTA SURABAYA NOMOR 1 TAHUN 2016 TENTANG RETRIBUSI PENGOLAHAN LIMBAH CAIR DALAM BENTUK TINJA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH Ayu Wulandari; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Prior to the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, Surabaya City Regional Regulation Number 1 of 2016 concerning Levies for Processing Liquid Waste in the Form of Feces was officially valid and binding in the City of Surabaya with reference to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. This paper aims to find out the enactment of Surabaya City Regional Regulation Number 1 of 2016 concerning Retribution for Liquid Waste Treatment in the Form of Feces after the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. The focus of this study is to analyze the legal status of Surabaya City Regional Regulation Number 1 of 2016 concerning Retribution for Liquid Waste Treatment in the Form of Feces after the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments; and to analyze the legal norms in the Regional Regulation of the City of Surabaya Number 1 of 2016 concerning Levies for the Treatment of Liquid Waste in the Form of Feces which are no longer in accordance with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. The research method uses normative legal research, using a statutory approach (statue approach) and a conceptual approach (conceptual approach). The collection of legal materials is carried out through literature review, both primary and secondary legal materials. The result of the research is that the legal status of the Liquid Waste Treatment levy is still valid and it is possible to collect it. Contextually, the Feces Liquid Waste Treatment Retribution is interpreted as part of the category of cleaning services in the General Services Retribution so that the Regional Regulation of the City of Surabaya Number 1 of 2016 is declared to remain valid and valid and juridically the regulated norms are still in accordance with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, but adjustments still need to be made, especially the formulation of the calculation of fees taking into account economic principles and the intended adjustments are stipulated in the form of a Regional Regulation.Keywords: Regional finances, regional fees, and waste
PENEGAKAN HUKUM TERHADAP PERIZINAN REKLAME DI KOTA SURABAYA SESUAI PERWALI NO. 21 TAHUN 2018 Ovi Shinta Mayasari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Advertisements are promotional media in the field of services that aim to influence or attract the public in order to buy or pay attention to a particular product. There are many cases of violations against unlicensed billboards so that problems regarding advertisement tax in each region always seem to occur and raise many questions about the function of oversight of billboards that has been carried out so far. One of the efforts to control billboards is through the imposition of administrative sanctions. Administrative sanctions are the core of administrative law enforcement used by authorities as a reaction to non-compliance with state administrative law norms. This study aims to provide a description and academic recommendations related to the law enforcement of advertising licensing in the city of Surabaya. This study tries to discuss the form of holding billboards and imposing sanctions on violations of billboard licensing laws in the city of Surabaya. The conclusion of this study is that the form of holding billboards is a violation of technical provisions, billboards are not licensed, SIPR expires, billboards are blank material and taxes are in arrears as stated in Perwali No. 21 of 2018 which is the basis for the implementation of billboards in the city of Surabaya, while the imposition of sanctions for violations of advertising licensing laws by imposing administrative sanctions in the form of written warnings, freezing of SIPR, sealing of billboard buildings, revocation of SIPR, placing a cross on billboard material and/or publishing in the mass media; and/or demolition of advertisements. It is hoped that billboard organizers will comply more with the established rules so as to create legal awareness and reduce the risks arising from violations. The active role of various parties, both regional apparatus and the community, is also needed to control oversight of advertisement violations.Keywords: advertising violations, supervision, administrative sanctions
PENGELOLA KEUANGAN DAERAH YANG BERWENANG MELAKUKAN PERGESERAN ANGGARAN DALAM KEADAAN DARURAT Nina Anggreni; 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

Local governments are required to always improve their adaptability, as an organization they must be able to make decisions, manage risks, encourage change and solve problems in their regions. Considering that budgeting adaptation is carried out with a fast response time, shifting the budget as an initial alternative can then be accommodated in budget changes. In order for local governments to maintain the principles of good governance, it is necessary to pay attention to the limits of authority that must be exercised by regional financial managers so that the implementation of budget shifts meets the criteria and complies with statutory provisions. This study aims to provide academic descriptions and recommendations for local governments in setting budget shift policies in emergencies. This study discusses the limits of authority and legal conformity for regional financial managers to shift budgets in emergencies. The conclusion of this study is that the regional financial manager's authority to shift the budget in an emergency is permissible, but full of limitations both on procedures or procedures, as well as limitations on authority. Meanwhile, legal conformity can be carried out in accordance with the provisions of Government Regulation Number 12 of 2019 concerning Regional Financial Management and Minister of Home Affairs Regulation Number 77 of 2020 concerning Technical Guidelines for Regional Financial Management. In order to perfect the implementation of the budget shift policy, a Regional Head Regulation concerning Procedures for Budget Shifts must be formed.Keywords: financial manager, budget shift, emergency.

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