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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 46 Documents
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Legal Aspect for Teachers in Educating Their Students to Avoid Criminalization Wulandari, Gendis
NORMA Vol 17, No 3 (2020): October
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v17i3.1042

Abstract

This research, entitled legal aspect for teachers in educating their students to avoid criminalization, aims to find out and analyze how to resolve and prevent disputes for teachers and students so that teachers' actions to students and students to teachers will not be easily criminalized. This is normative legal research that will explore the contents of statutory regulations. Based on the study results, the education system in schools no longer emphasizes academic achievement on paper anymore. Developing and improving students' morality and mentality in social interactions is one crucial element that must be done. One alternative that can be used as a reference for teachers' actions towards their students, mainly the reasons teachers do such acts, is that all Teachers substitute parents in the school.Keywords: Students, Teachers, Criminalization.
Tantangan dan Harapan Era Presiden Terpilih 2004-2009 Lukman, Marcus
NORMA Vol 1, No 1 (2004): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v1i1.1050

Abstract

Pemenang pada pemilu Presiden dan Wakil Presiden mendafang clan mengalami kesulitan melakukan perhoahan yang progresif karena masalah pokok yang menghadang; pengangguran, ekonomi, keamanan, pendidikan, sosial, budaya, perilaku moral, gerakan penentang, hubungan dan persaingan intemasional. Sedangkan stabilisasi dan kesinanbungan penyelenggaraan pemerintahan negara hanya akan tercipta apabila seluruh komponen penyelenggara negara dan segenap rakyat hdonesia merapatkan kembali kesatuan jiwa raganya membangun negara Indonesia tercinta.
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
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
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
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
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
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
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.

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