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Norma
Published by Universitas Wijaya Kusuma Surabaya
ISSN : 16930657     EISSN : 27461963     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
NORMA is an open-access law journal with double blind peer review process that published three times a year in February, June, and October by Faculty of Law Universitas Wijaya Kusuma Surabaya. NORMA only accept manuscript written in English. The decision on whether the scientific article is accepted or not, will be the Editorial Boards right based on the peer reviewers recommendation. NORMA welcomes both national and international legal scholars and practitioners to contribute and publish their original ideas whether it is theoretical or empirical papers, as it is the aims of this journal. Papers published in NORMA shall be about legal issues in the field of Private law, Criminal law, Islamic law, International law, and Constitutional law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Search results for , issue "Vol 18, No 1 (2021): March" : 12 Documents clear
Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights Frihandini, Rias
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1291

Abstract

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle.Keywords: Land, Public Interest, Acquisition
Legal Protection of Flat Buyers Whose Land is Actually Being Secured with Hak Tanggungan Shandy, Karina
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1287

Abstract

The study, entitled legal protection of flat buyers whose land is actually being secured with Hak Tanggungan, first aims to find out and analyze how disputes are resolved for flats buyers who experience law execution of their future apartment units because the land rights are secured. This is normative legal research that will explore the contents of statutory regulations. The results of this research are that several instruments exist as a unit in purchasing an apartment/flats, one of which is PPJB, the status of the buyer is as a buyer, not bezitter, eignar, or non-litigation channels with specific steps prioritize detentor, the dispute settlement mechanism according to the Agreement in the PPJB. Following statutory regulations, however, the buyer can still take the litigation route as a mechanism for settling the dispute, with compensation claims and suit for default based on the existing PPJB.Keywords: PPJB, Flat, Hak Tanggungan
The Ambiguity of Resi Gudang (Warehouse Receipt) Guarantee Institution Legal Standing Oktavia Putri, Safira
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1292

Abstract

Farmers usually use warehouse receipts to obtain debt with commodity objects stored in the warehouse as a debt security. Warehouse receipts as valuable objects, of course, have the potential to be tied up in a debt bond that serves as a security for these debts. However, for an item of guarantee, the legal aspects are quite diverse. For objects to be used as collateral in a credit agreement, they must meet certain conditions, namely, economic value and transferability. Therefore, it is necessary to conduct a study of warehouse receipts to be used as collateral objects, given the characteristics of warehouse receipts as valuable objects and the property rights attached to the warehouse receipts. This research is normative research with a statutory approach. The result of this research is that warehouse receipts can be used as collateral objects but with some adjustments. And based on the existing regulations, it is understood that the warehouse receipt arrangement does not create a warehouse receipt guarantee institution.Keywords: Resi Gudang, Debt, Collateral
Flats for Foreigner After the Issuance of the Omnibus Law in Indonesia Fauzan, Galang
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1289

Abstract

This research is normative juridical research that uses a statutory approach. The government has issued its latest policy, namely, law number 11, the year 2020, concerning omnibus law, which regulates foreigner property rights regarding flats. Based on this regulation, a foreigner can have ownership rights over the flats. However, it results in problems because a nationality principle is regulated in Indonesian Land Law, prohibiting foreigners from having ownership rights. In Minister of agricultural regulation held that foreigners can only own flats unit based on usage rights. The result of this study, a foreigner, can have an apartment through the transfer of ownership such as buying and selling, grants, auctions, and so on, but it is only a right to use, not an ownership right. Foreigners who wish to own an apartment unit must meet the requirements and restrictions to maintain and prioritize Indonesian citizens’ interests.Keywords: Flats, Foreigner, Omnibus Law.
Legal Protection of Franchisee in Franchise Contract Which Franchisor Unilaterally Terminates Wulandari, Retno
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1288

Abstract

The Franchisor and the Franchisee's engagement tends to be based on the value of business profits alone. The document that becomes evidence (franchise agreement) tends to be poorly understood by the Franchisee, which can cause legal problems for him. One of the legal issues that can occur is the unilateral termination of the Franchisor to the Franchisee. Franchise agreements tend to be standardized, which comes from the Franchisor. These conditions make the Franchisee obliged to understand the agreement's contents well so that the franchise agreement is not terminated unilaterally by the Franchisor. This study aims to find out and analyze how legal protection for franchisee is based on franchise agreement. This research method is a normative legal research approach. The result of this study is unilateral termination of the franchise agreement will undoubtedly cause various legal problems for the parties bound in the franchise agreement.Keywords: Termination, Agreement, Franchise.
Restraint of Overseas Personal Shopper as a Form of Legal Protection for Authorized Stores in Indonesia Efrin, Suweni
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1318

Abstract

Nowadays, many business people use personal shopper because they also provide benefits in addition to being more effective and efficient. After all, the activities of designated personal shoppers are carried out without face to face. In different regions, this also creates many problems related to both parties' agreements in conduct buying and selling activities and how the validity of the deal that occurs between the two parties. The research method used is normative research method, which is based on the legislation and is carried out with a statutory approach, namely BW and Law Number 8 of 1999 concerning Consumer Protection. Based on the study results, it can be concluded that the agreement made between the two parties is only based on understanding. The agreement contained is generally anonymous, and the deal is obligatory. Second: The Government's way to control personal shopper services is based on the Consumer Protection Act if a violation of law is committed by one of the parties. Control efforts that the government can do are limited to guidance and supervision.Keywords: Personal Shopper, Agreements, Overseas
Implications of Unregistered Marriage for Women: Profitable or Detrimental Wicaksono, Alfiya
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1198

Abstract

In Islam, marriage is a form of worship recommended by the Prophet Muhammad, so that the law is Sunnah. Marriage is something very sacred where a man and woman are united by a marriage bond and become a couple as husband and wife. Marriage is declared valid if it is carried out following religious law. In Indonesia, exist the term unregistered marriage. However, Indonesia's law considers marriage invalid if the KUA institution does not register the marriage even though it has carried out a marriage procession according to its religious law. This certainly has implications, both positive and negative, for couples, especially women. This is a normative legal research. The result of this study is it can be concluded that unregistered marriage is very detrimental to womenKeywords: Unregistered Marriage, Law, Detrimental
Restraint of Overseas Personal Shopper as a Form of Legal Protection for Authorized Stores in Indonesia Suweni Efrin
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1318

Abstract

Nowadays, many business people use personal shopper because they also provide benefits in addition to being more effective and efficient. After all, the activities of designated personal shoppers are carried out without face to face. In different regions, this also creates many problems related to both parties' agreements in conduct buying and selling activities and how the validity of the deal that occurs between the two parties. The research method used is normative research method, which is based on the legislation and is carried out with a statutory approach, namely BW and Law Number 8 of 1999 concerning Consumer Protection. Based on the study results, it can be concluded that the agreement made between the two parties is only based on understanding. The agreement contained is generally anonymous, and the deal is obligatory. Second: The Government's way to control personal shopper services is based on the Consumer Protection Act if a violation of law is committed by one of the parties. Control efforts that the government can do are limited to guidance and supervision.Keywords: Personal Shopper, Agreements, Overseas
Implications of Unregistered Marriage for Women: Profitable or Detrimental Alfiya Wicaksono
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1198

Abstract

In Islam, marriage is a form of worship recommended by the Prophet Muhammad, so that the law is Sunnah. Marriage is something very sacred where a man and woman are united by a marriage bond and become a couple as husband and wife. Marriage is declared valid if it is carried out following religious law. In Indonesia, exist the term unregistered marriage. However, Indonesia's law considers marriage invalid if the KUA institution does not register the marriage even though it has carried out a marriage procession according to its religious law. This certainly has implications, both positive and negative, for couples, especially women. This is a normative legal research. The result of this study is it can be concluded that unregistered marriage is very detrimental to womenKeywords: Unregistered Marriage, Law, Detrimental
Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights Rias Frihandini
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1291

Abstract

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle.Keywords: Land, Public Interest, Acquisition

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