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Fani Martiawan
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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
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Search results for , issue "Vol 18, No 2 (2021): July" : 12 Documents clear
Pandemic as Reasons to Avoid Pre-Project Selling Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era Kumara Putra, Fani Martiawan; Wulandari, Shanti
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1591

Abstract

The study, Pandemic as Reasons for Debtors to Avoid Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era, aims to mengetahui dan menganalisa permasalahan wanprestasi yang terjadi pada masa pandemi Covid19 ini, khususnya pada peristiwa Pre-Project Selling. Kegagalan melakukan prestasi bisa terjadi tidak hanya karena kendala perekonomian saja, namun juga bisa karena alat dan tenaga yang terbatas pada masa pandemi. Artinya kegagalan dalam melakukan prestasi tidak hanya pada pihak developer saja, bisa jadi juga dari pihak pembeli, sedangkan sengketa yang terjadi bukanlah yang mempunyai nominal rendah, oleh karenanya kerapkali perkara hingga berujung ke Pengadilan. Ini adalah penelitian normatif dengan pendekatan perundang-undangan. Hasil yang didapatkan dari penelitian ini adalah Hakim yang memutuskan perkara, setidaknya dapat memberikan suatu penghalusan hukum pada keadaan wanprestasi di masa Pandemi ini, agar terwujud keadilan dan juga demikian akan mendukung kegiatan bisnis.Keywords: Pre-Project Selling; Pandemic; Default.
Legal Analysis of Universitas Wijaya Kusuma Surabaya Tower II Building Construction Agreement Between Wijaya Kusuma Foundation and PT Sinar Waringin Adikarya Sulistiyo, Sulistiyo
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1586

Abstract

In this study, researchers used the title Legal Analysis the Implementation of the Tower II Building Construction Agreement Wijaya Kusuma Surabaya University with PT SINAR WARINGIN ADIKARYA. This research was conducted To find out and analyze: Rights and Obligations of each party in the Towering Contract (Construction Contract) of Tower II Building, Universitas Wijaya Kusuma Surabaya, the form of the responsibilities of each party in the contracting contract (Construction Contract) Tower II Building, Universitas Wijaya Kusuma Surabaya, if one party makes a mistake. From the results of the analysis conducted in this study, the researcher states that: Rights and obligations must be carried out by each party as stated in the work implementation agreement as contained in Attachment to the work implementation agreement Number: 597/WK/XII/2017, as stated in Article 3 of the agreement when referred to as a second party's obligation it means the right of the first party, among others, to carry out the work carefully, accurate and complete responsibility by providing experts and other personnel, materials, equipment needed for the implementation of the work. The responsibilities that must be carried out in this work implementation agreement must be guided by the provisions of the agreement as referred to in the Attachment to the work implementation agreement Number: 597/WK/XII/2017, namely contained in article 4, article 6, article 7, article 8, and article 11.Keywords: Agreement; Construction; University
Construction Of Heritage Rights and Citizenship Status Differences in Indonesia Subagiyo, Dwi Tatak
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1587

Abstract

The high mobility of the population from one country to another, contributes to citizenship transfer. Likewise, Indonesian Citizens (WNI) who, for reasons of education, employment, and other preferences, choose to become Foreign Citizens (foreigners). However, the transfer of citizenship does not necessarily eliminate the ties of blood with the family. For example, in Inheritance in the form of land, a Foreign Citizen, referred to as a WNA, can inherit land rights in Indonesia due to the first two things, a foreign citizen born because of a mixed marriage. And both foreign citizens as a result of naturalization can be understood as a change in the citizenship status of the Indonesian population. Therefore, Indonesia's current construction of inheritance rights within the framework of inheritance regulation (which is part of civil law) is still dualistic and pluralistic. This is inseparable from the legal history of the enactment of civil law in Indonesia.Keywords: Construction, Inheritance, Citizenship
Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects Hadinata, Ryan Ari
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1588

Abstract

The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary
Case Review of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building Arghie, Ramzi Maulana
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1589

Abstract

The research, entitled Case Study of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building aims to find out whether or not Dirk Tatipata is said to have defaulted on the Sale and Purchase Agreement (PPJB) of land, which he did with Ronald Sanjaya, how the legal protection for Dirk Tatipata as the party who was harmed by the decision of the Surabaya District Court, This is normative legal research, Based on the results of the study, it can be concluded that legally, it is clear that Dirk Tatipata does not have high bargaining power and is a seller of land and buildings on Jl. Sleep No. 103 that has been done in front and signed by Notary Anita Lucia Kendarto, S.H., M.Kn. with several letters/deeds. Thus, legal resistance is still being carried out by carrying out a lawsuit in the land and building dispute case at the Surabaya District Court, and ending his defeat coupled with a penalty of trial fees and payment for his unlawful actions harmed Ronald Sanjaya as the legal owner of the land and buildingsKeywords: Agreement, Sale, and Purchase of Land and Buildings, Against the Law
Implementation Of the Notary's Duties and Positions Regarding the Presence of the Appeaser Refers to Decree Number 65/33-III/ PP-INI/2020 Dated March 17, 2020 Witapratama, Muhammad Firdausy Maulana
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1590

Abstract

Concerns about Covid 19 by notaries in doing the Deed. This study aims to examine the Implementation of the Notary Position in Doing Deeds Before and during the Covid-19 Pandemic Period, and to Assess Obstacles in the Duties of Notary Positions in Doing Deeds during the Covid-19 Pandemic Period). The type of research used by the author is descriptive type research. Descriptive research is a problem-solving procedure investigated by describing or describing the current state of the subject and object of research based on existing facts. The results of the research in the Assignment of Notary Positions in Doing Deeds Before and during the Covid 19 Pandemic Period differed from the difference in the health protocol and the presence of the appeasers based on SK Number 65/33-III/ PP-INI/2020 dated March 17, 2020, regarding the matter referred to In the main point of the letter, the Central Management of the Indonesian Notary Association (PP-INI) and all of its staff expressed concern over the massive development of the spread of Covid-19 which directly affected the implementation of the duties of a Notary public in providing services to the public and in this regard, this PP urges all members to follow the health protocols set by the government to overcome the spread of Covid-19.Keywords: CoronaViruses, Notary, Decree.
Rejection of Accident Insurance Claims by Insurance Companies Samudera, Berto Tegar
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1585

Abstract

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.
Implementation Of the Notary's Duties and Positions Regarding the Presence of the Appeaser Refers to Decree Number 65/33-III/ PP-INI/2020 Dated March 17, 2020 Muhammad Firdausy Maulana Witapratama
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1590

Abstract

Concerns about Covid 19 by notaries in doing the Deed. This study aims to examine the Implementation of the Notary Position in Doing Deeds Before and during the Covid-19 Pandemic Period, and to Assess Obstacles in the Duties of Notary Positions in Doing Deeds during the Covid-19 Pandemic Period). The type of research used by the author is descriptive type research. Descriptive research is a problem-solving procedure investigated by describing or describing the current state of the subject and object of research based on existing facts. The results of the research in the Assignment of Notary Positions in Doing Deeds Before and during the Covid 19 Pandemic Period differed from the difference in the health protocol and the presence of the appeasers based on SK Number 65/33-III/ PP-INI/2020 dated March 17, 2020, regarding the matter referred to In the main point of the letter, the Central Management of the Indonesian Notary Association (PP-INI) and all of its staff expressed concern over the massive development of the spread of Covid-19 which directly affected the implementation of the duties of a Notary public in providing services to the public and in this regard, this PP urges all members to follow the health protocols set by the government to overcome the spread of Covid-19.Keywords: CoronaViruses, Notary, Decree.
Rejection of Accident Insurance Claims by Insurance Companies Berto Tegar Samudera
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1585

Abstract

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.
Pandemic as Reasons to Avoid Pre-Project Selling Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era Fani Martiawan Kumara Putra; Shanti Wulandari
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1591

Abstract

The study, Pandemic as Reasons for Debtors to Avoid Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era, aims to mengetahui dan menganalisa permasalahan wanprestasi yang terjadi pada masa pandemi Covid19 ini, khususnya pada peristiwa Pre-Project Selling. Kegagalan melakukan prestasi bisa terjadi tidak hanya karena kendala perekonomian saja, namun juga bisa karena alat dan tenaga yang terbatas pada masa pandemi. Artinya kegagalan dalam melakukan prestasi tidak hanya pada pihak developer saja, bisa jadi juga dari pihak pembeli, sedangkan sengketa yang terjadi bukanlah yang mempunyai nominal rendah, oleh karenanya kerapkali perkara hingga berujung ke Pengadilan. Ini adalah penelitian normatif dengan pendekatan perundang-undangan. Hasil yang didapatkan dari penelitian ini adalah Hakim yang memutuskan perkara, setidaknya dapat memberikan suatu penghalusan hukum pada keadaan wanprestasi di masa Pandemi ini, agar terwujud keadilan dan juga demikian akan mendukung kegiatan bisnis.Keywords: Pre-Project Selling; Pandemic; Default.

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