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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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Tanggung Gugat Pelaku Usaha Periklanan Ditinjau Dari Perlindungan Konsumen Ari Purwadi
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.v1i1.1046

Abstract

Sengketa konsumen yang tirnbul dari pengelabuhan konsumen melalui iklan membebankan tanggung gugat periklanan kepada pelaku usaba periklanan, sedangkan tanggung gugat baru ditujukan kepada pelaku usaha pengiklan kalau konsumen dirugikan setelah mengkonsumsi produk itu. Ini merupakan konsekuensi dari prinsip professional liability. Konstruksi yuridis "tanggung gugat renteng" bisa digunakan apabila dapat dibuktikan kerugian konsumen akibat kesalahan pelaku usaba pengiklan maupun pelaku usaha periklanan. Tanggung gugat pelaku usaha periklanan dapat beralih kepada pelaku usaba pengiklan dengan menggunakan prinsip beban pembuktian terbalik.
The Ambiguity of Resi Gudang (Warehouse Receipt) Guarantee Institution Legal Standing Safira Oktavia Putri
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 Action for Pre-Project Selling Based Buyers Whose Apartment Specification Have Changed Without Prior Approval Anggit Atma Yuwita
NORMA Vol 17, No 3 (2020): November
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v17i3.1228

Abstract

One of the alternatives that can be used as a residence is an apartment. This study aims to know and analyze how the apartment buyers' dispute settlement is experiencing changes in the apartment location without prior notification and approval. This is normative legal research that will explore the legislation's contents. Based on the study results, the sale and purchase of apartments done by ordering then made a Sale and Purchase Agreement (PPJB) that ensures the apartment will not be sold to others and delivered according to the time specified. Besides, it also regulated in Law Number 8 the Year 1999 concerning Consumer Protection and Law Number 20 the Year 2011 on Flats. Therefore, in case of misuse in the sale and purchase of an apartment, the consumer may initiate legal action based on the existing PPJB and Consumer Protection Law.Keywords: PPJB, Apartment, Consumer
Judges' Ratio Decidendi in Marriage Dispensation Cases at The Gresik Religious Court Regarding Marriage Age Limit Dewi Murniati
NORMA Vol 17, No 3 (2020): November
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v17i3.1089

Abstract

This study discusses the Marriage Age Limit Provisions According to Law Number 1 of 1974 concerning Marriage (Case Study in the Gresik Religious Court), this research is based on the number of divorce cases in the Gresik Religious Court, which are still dominated by productive age, Seeing the phenomenon, those who generally immature, not adequately prepared to enter the world of marriage, the marriage dispensation granted in a religious court on the lives of those who are married has both positive and negative effects. The positive impact of preventing adultery is that the opposing side is prone to disputes because those relatively young certainly have different thoughts from those who have grown up. This study examines and analyses the age limit's application for marriage and analyses the judges' considerations in examining and determining marital dispensation cases in the Gresik Religious Court. To answer the problem, the writer uses socio-legal research methods. The data used were sourced from legislation, literature study, and scholars' opinions and data obtained from the Gresik Religious Court. The study results show that applying the age limit for marriage is less practical or cannot be fully used to the people in the Gresik Religious Court's jurisdiction. This is indicated by the high number of marriage dispensation requests in the Gresik Religious Court. Secondly, the Judge's consideration in examining the case for a marriage dispensation request at the Gresik Religious Court was under the procedures set out in Perma Number 5/2019. Keywords: Marriage, Dispensation, Age
Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects Ryan Ari Hadinata
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
Tanggung Jawab Advokat Dalam menjalankan Profesi Terhormat (Officium Nobile) Edi Krisharyanto
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.v1i1.1047

Abstract

Meski sebagai proftsi terhomat (officiun nobile) dan bersedia memberi nasehat dan bantun hukun kepada orangrorang yang memerlukanya dalan menegakkan hukum, keadilan dan kebenaran, namun demikian tuntutan untuk melakukan pekerjaan dengan sikap correct dan sopan serta jujur dan bertanggung jawab melekat pada advokat tersebut agar terhindar jeratan hukum.

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