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<![CDATA[Menggagas Pendirian Bank Digital di Indonesia: Sebuah Telaah Yuridis ]]>
<![CDATA[Danang Kurniawan]]>;
<![CDATA[Wardah Yuspin]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i1.2158
<![CDATA[In the industrial era 4.0 as it is today, the ease and speed of getting things are highly sought after, including the ease and speed of getting financial services. The convenience of banking services is an advantage for consumers in choosing the services provided at the bank. This is what banks do to form services from conventional banks to open digital services. However, from a juridical aspect, in Indonesia there is no specific regulation governing digital banks. As a country that adheres to the civil law system, it has become a real consequence that all applicable laws must be codified and regulated in accordance with applicable laws. Problems arise when digital banks operate but there is no legal basis that specifically regulates dealing with it. Through normative juridical methods, research results showed that there are no specific rules governing digital banks in the form of laws in Indonesia, so a special rule is needed regarding digital banks because there are significant differences from conventional banks.]]>
<![CDATA[Penolakan Permohonan Asal-Usul Anak dari Pasangan Nikah Siri ]]>
<![CDATA[Abdul Hakam Sholahuddin]]>;
<![CDATA[Ridho Tiar Prawira]]>;
<![CDATA[Erifendi Churniawan]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i1.2529
<![CDATA[Abstract Clarity of legal status due to marriage between husband and wife is an essential thing in life as Indonesian citizens. Marital status must be authentically and legally proven. In addition, marriage in Indonesia adheres to the principle of monogamy. This means that a man can only have a wife and a woman can only have a husband. On the other hand, clarity of status through authentic evidence of marriage will be the legal basis for clarity of child status and clarity of status of the married couple. Based on the above theory, this study aims to (a) examine the decision given by the Judge at the Blitar Religious Court in the case of Case Number: 0039/ Pdt.P/2022/PA.BL dated January 12, 2022 regarding the Rejection of the Application for the Origin of a Child resulting from Polygamy Siri marriage / unregistered polygamy and, (b) reviewing the implications of the decision on the position of the child after the decision. The research approach used is normative legal research. Keywords: C, Siri Marriage, Marriage]]>
<![CDATA[Tinjauan Yuridis Pengenaan Pajak Penghasilan dalam Non Fungible Token (NFT) di Indonesia ]]>
<![CDATA[Amelia Ayu Paramitha]]>;
<![CDATA[Fajar Kusuma Ramadhani]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i1.2584
<![CDATA[This research is to find out and analyze NFT as an object of income tax in Indonesia and the Indonesian Government's efforts to realize it. Through the normative juridical method, research was produced that the essence of the income obtained from the NFT is income that goes into the object of income as contained in article 4 paragraph (1) of Law Number 36 of 2008 concerning Income Tax, however, the imposition of income tax in NFT transactions is still self-assessment, where taxpayers must calculate, pay and report independently, considered prone to causing non-compliance of taxpayers due to a lack of correct understanding regarding the mechanism of taxation. Until now, Indonesia does not yet have regulations that can accommodate the development of digital financial assets and products, especially for NFTs so it is prone to causing taxpayer non-compliance because special tax regulations have not been established regarding income from NFTs.]]>
<![CDATA[Analisis Yuridis Putusan Nomor 29/PDT.SUS-KPPU/2019/PN BLK Terkait Persekongkolan Tender ]]>
<![CDATA[Asmah Asmah]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i1.2638
<![CDATA[Considering the objection to Decision Number 17/KPPU-I/2018 at the Bulukumba District Court which was carried out by business actors to declare null and void or at least cancel the decision Number 17/KPPU-I/2018 in its entirety, it is important to do research to find out the judge's consideration of the tender conspiracy case. Through normative legal research, it resulted that the judgments of the panel of judges in examining and deciding the case Decision Number 29/Pdt.Sus-KPPU/2019/Pn Blk essentially strengthens and takes over all considerations of the ICC Commission Council Decision, however, the panel of judges then decided to reduce the fine from IDR 586,903,909 to IDR 800 million with the judgment that the sanctions imposed by the Respondent against the objected Petitioner have not fulfilled a sense of justice because it was considered too big/unequal compared to the level of the Petitioner's mistake, therefore it is necessary to give the Petitioner sanctions that are more corrective, preventive and educative.]]>
<![CDATA[Penerapan Asas Terang dan Tunai dalam Jual Beli Hak Atas Tanah yang Hendak Dibatalkan Sepihak ]]>
<![CDATA[Stella Defany Muslim]]>;
<![CDATA[Fransiscus Xavierius Arsin]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2193
<![CDATA[Agrarian Law or National Land Law in Indonesia adheres to Customary Law. One of them is the principle of cash and carry in the sale and purchase of land rights. People who have problems in the sale and purchase of land rights often want to cancel unilaterally without knowing about the application of the principle of cash and carry in the sale and purchase of land rights. This research method uses a form of normative legal research using a statutory approach with legal material collection techniques using literature studies and secondary data. The results of this study indicate that the carry principle of buying and selling land rights in Indonesia cannot be canceled unilaterally if it has fulfilled the cash and carry principles adopted by national land law from customary law in Indonesia.]]>
<![CDATA[Keadilan Distributif Atas Pembagian Harta Bersama yang Digunakan Sebagai Sompa Perkawinan Bugis Secara Sepihak ]]>
<![CDATA[Lisha Trie Caesarani]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2201
<![CDATA[Joint assets are in the continuity of marriage until the marriage ends due to divorce, death, or because of a court decision, as well as the end of the marriage as regulated in Article 38 of the Marriage Law. Joint assets give the impact that ownership is jointly owned by husband and wife. The purpose of this study is to analyze the application of the theory of distributive justice to the division of joint property that is used as sompa unilaterally in Decision Number 276/Pdt/2020/PT Mks. Through legal research with normative juridical research methods, the following research is produced. In terms of the theory of distributive justice, the distribution of joint assets used as dowry sompa unilaterally with a portion of ½ for men and ½ for women do not fully contain the value of justice, because in this distribution it is necessary to consider the size of the business of the parties in the acquisition of the assets so that the parties get rights based on what they earn.]]>
<![CDATA[Analisa Perlindungan Hukum Terhadap Konsumen Pemalsuan Merek Produk Gula di Daerah Banyumas ]]>
<![CDATA[Puji Lestari, Ismiyati Riri]]>;
<![CDATA[Herning Sitabuana, Tundjung]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v13i2.2205
<![CDATA[The growth of the goods and services industry provides positive impacts and alternative choices for consumers, but counterfeit products can threaten the health and cause long-term losses. This is due to the existence of business actors who seek profits by using shortcuts that aim to profit from the products they sell, trying to gain profits by unethical means, such as selling counterfeit products. This research aims to protect consumers from counterfeit products and examine legal efforts to make business actors responsible for losses. The results of the research using normative research methods show that business actors must be responsible for harming consumers, legal sanctions for fraudulent actors include imprisonment of up to 5 years or a fine of up to Rp 2 billion.]]>
<![CDATA[Penyalahgunaan Keadaan Pada Asas Itikad Baik dalam Perjanjian Kerja Sama Bagi Hasil ]]>
<![CDATA[Muhammad Adhi Utomo]]>;
<![CDATA[Tundjung Herning Sitabuana]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2211
<![CDATA[One of the cooperative systems in business that is commonly practiced is the profit-sharing cooperation system. In cooperation, it is common for two or more parties to enter into an agreement. One of the legal principles of the agreement is the principle of good faith as stated in Article 1338 paragraph (3) of the Civil Code which emphasizes the necessity for the parties to carry out the agreement in good faith. Through normative legal research with qualitative analysis techniques, a study is produced that the abuse of circumstances is one of the causes of the production sharing agreement being canceled. Misuse of conditions in a profit-sharing cooperation agreement is an act motivated by an imbalance between the parties to the agreement, with an indication that a strong party takes advantage of the position of a weak party.]]>
<![CDATA[Pertanggungjawaban Pelaku Tindak Pidana Penggelapan Uang Angsuran Leasing (Studi Putusan Nomor 67/Pid.B/2021/Pn.Met) ]]>
<![CDATA[Almaida Pubiana Mustika]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2283
<![CDATA[The crime of embezzlement, which is regulated in Article 372 of the Criminal Code, is a criminal offense that spans various sectors and is committed by various groups of society. Both low and high levels of society have the potential to commit this crime. One of the important issues is how to deal with the responsibility of the perpetrators of embezzlement of leasing installments. This research using the normative legal research method analyzes Decision Number 67/Pid.B/2021/PN.Met and explored the basis for the judge's consideration in reaching a verdict in the case of embezzlement of leasing installment money. The results showed that in Decision Number 67/Pid.B/2021/PN.Met, the perpetrator of the crime of embezzlement of leasing installment money was proven guilty and violated Article 372 of the Criminal Code. As a result, the perpetrator was sentenced to imprisonment for 1 year and 7 months. The judge's reasoning in this decision involved several factors, including the evidence presented, witness testimony, the testimony of the defendant, the indictment and charges of the public prosecutor, as well as the elements contained in the prosecutor's charges. In addition, the judge's consideration also included aggravating and mitigating aspects of the defendant's actions. The decision provides guidance on how the various elements of evidence and testimony can form the basis of the judge's reasoning in deciding this type of case. In addition, this research underscores the importance of a comprehensive understanding of criminal law and applicable legal principles to ensure fairness in handling similar cases in the future.]]>
<![CDATA[Social Justice’s Manifestation: The Relation Between Limited Companies and Small and Medium Enterprises ]]>
<![CDATA[I Gede Agus Kurniawan]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2333
<![CDATA[Social justice is an important pillar of Indonesia's constitutional identity. In this case, every law relating to the Indonesian economy is required to reflect the substance of social justice. One aspect that must pay attention to aspects of social justice is related to the formation of a Limited Liability Company or Perseroan Terbatas (PT). This research aims to find the urgency of the manifestation of social justice in the formation of PT before and after revision. This research is normative legal research which has an orientation towards the study of legal norms and rules. This research is based on legal issues, namely the social justice aspect in the legal policy of facilitating Small and Medium Enterprises (SMEs) in establishing PT. The legal materials in this research include primary legal materials and secondary legal materials, as well as non-legal materials. The approaches in this research are the statutory regulatory approach and the conceptual approach. The research results confirm that the essence of the revised PT provisions in the Job Creation Law is to allow PTs to be formed by business, micro, and small business legal entities. The essence of social justice seeks to improve the welfare of all levels of Indonesian society. In fact, this has been facilitated by the revision of the provisions of the Job Creation Law and its derivative regulations so that PTs are not only dominated by investors but can also empower SMEs.]]>
