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Nommensen Journal of Legal Opinion
Published by Universitas HKBP Nommensen
ISSN : 27229858     EISSN : 2723164X     DOI : 10.51622
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Nommensen Journal Of Legal Opinion adalah jurnal yang berisikan kumpulan-kumpulan artikel tentang Ilmu Hukum untuk dapat dapat dibaca oleh para akademisi maupun masyarakat luas
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 03 No 02 Juli 2022" : 5 Documents clear
ANALISIS YURIDIS TERHADAP PENDIRIAN PERMUKIMAN DI PESISIR PANTAI KOTA SIBOLGA (Studi di Kelurahan Pancuran Bambu Kecamatan Sibolga Sambas Kota Sibolga) sinabariba, rinaldi; zaidar; kaban, maria
Nommensen Journal of Legal Opinion Vol 03 No 02 Juli 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i2.460

Abstract

Houses as a support for community livelihoods in water areas and places for the development of life are very much needed by people who live in water areas, so that people in the Sibolga Cityarea build houses on the coast and coastal borders. The research was conducted using legalresearch, namely normative juridical and empirical juridical, descriptive analytical research isresearch that aims to describe a situation or symptom or to determine whether there is arelationship between a symptom and other symptoms. Data collection techniques used areliterature studies and field studies in the form of data collection and interviews with the Head ofthe Housing, Settlement and Environmental Office of Sibolga City. The results of the researchand discussion show that the regulation of the use of coastal areas for community settlements inSibolga City is regulated in Law Number 1 of 2011 concerning Housing and Settlement Areas,Presidential Regulation Number 51 of 2016 concerning Coastal Boundaries and Sibolga MayorRegulation Number 16 of 2018 Regarding the Utilization of Coastal Areas and Coastal Borders inSibolga City. The legal status of control of coastal waters for residential areas in Sibolga City canbe granted for residential housing if based on Article 5 paragraph (2) of the Minister of ATR/BPNNumber 17 of 2016 is a land right according to Article 16 of the BAL. However, when viewed fromthe presence of houses built on water, not on land (land). The earth's surface referred to in theLoGA is land which includes the surface of the earth on land and also the surface of the earthunder water, including sea water. So, in this case the floating house can be given land rights. Theappropriate right to be given to the floating house is the right to use the land. The policy ofgranting land rights to coastal areas in Sibolga City is only to give use rights to fishermen wholive in the border of the orphanage and not property rights.
PERLINDUNGAN HUKUM BAGI KONSUMEN PRODUK PANGAN DALAM KEMASAN TANPA LABEL HALAL PADA USAHA KECIL
Nommensen Journal of Legal Opinion Vol 03 No 02 Juli 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i2.2374

Abstract

The main problem in this research is how legal protection is for consumers of packaged food products without halal labels in small businesses. This research aims to find out how halal-labeled food products are regulated in relation to consumer protection, and what legal efforts consumers can take to obtain protection for their rights. The research method used in the research is normative law with a statutory approach and a conceptual approach. Information is obtained from primary legal materials, secondary legal materials and non-legal materials. As for legal materials, both primary legal materials, secondary legal materials and non-legal materials are described and connected in such a way, so that they are presented in more systematic writing to answer the problems that have been formulated. From the results of the research above, it can be concluded that the obligations that must be carried out and carried out by business actors, especially small businesses. to include a halal label on the packaging of every product produced in accordance with Article 8 Paragraph (1) letter h UUPK, and legal remedies that consumers can take in accordance with UUPK, namely, can resolve disputes directly with business actors, complaints through YLKI, Settlement through BPOM, report to BPSK and resolve through the General Court.
KONTRAK PERDAGANGAN MELALUI INTERNET (ELECTRONIC COMMERCE) DITINJAU DARI HUKUM PERJANJIAN roida; Michael Ntuacademy
Nommensen Journal of Legal Opinion Vol 03 No 02 Juli 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i2.2375

Abstract

This research aims to determine the legal aspects of contracts in trading via the internet (e-commerce) in terms of contract law, as well as to determine the factors driving and inhibiting the implementation of e-commerce so that solutions can be found to problems in e-commerce contracts. This research, seen from its objectives, includes a descriptive type of normative legal research using qualitative methods. Data sources come from secondary data sources, namely literature, regulations, reports, archives and the internet. After the data was obtained, qualitative data analysis was carried out using non-statistical analysis. Based on the results of the research and data analysis that has been carried out, it can be seen that contracts in trading via the internet (e-commerce) have fulfilled several legal aspects of agreements in Book III of the Civil Code regarding the legal requirements, namely the agreement of the parties, a certain matter and the reasons why halal, even though it flows towards the element of maturity as a requirement for skill to enter into an agreement cannot be fulfilled, contracts in e-commerce are still valid and binding and become law for the parties who make them as long as the parties do not dispute it. This is because the skill requirement to enter into an agreement is a subjective requirement, which means that even if the skill requirement is not met, the contract in e-commerce made and agreed upon by the parties is still valid, but as a result of the contract, one of the parties can request an exemption. Apart from that, contracts in e-commerce fulfill the principles of agreement in the Civil Code. As well as the existence of factors encouraging and inhibiting the implementation of trading via the internet and also solutions to problems that arise in trading contracts via the internet (e-commerce). Solutions to problems arising from contracts in e-commerce such as authenticity, legality, data confidentiality can be overcome by the use of cryptography, digital signatures (digital signatures). Apart from that, the problem of announcing the choice of law can be overcome by using The Most Characteristic Connection, which means that the law used is the law of reporting the most prestige.
RESIKO DISALAH GUNAKAN SERTIFIKAT HAK MILIK TANAH YANG TIDAK DIBALIK NAMA DAN UPAYA HUKUM YANG DITEMPUH anggusti, martono; Roida Nababan; Mokosoina Ntuacademy
Nommensen Journal of Legal Opinion Vol 03 No 02 Juli 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i2.2376

Abstract

In this day and age, many people are in dire need there is land. Many people also use this land as a future investment front. Because land prices rise every year. This one investmentIt is also closely related to buying and selling land. Definition of buying and selling land according to customary law is an act of transfer of rights, which is cash, real and bright. The nature of cash means Cash, is the transfer of rights by the sellertogether with payment by the buyer and immediately the rights are availableswitch. One of the legal acts of transferring ownership rights to land is bybuying and selling land. In the current practice of buying and selling land, this is expectedthere is legal certainty that can guarantee the continuation of these activitiesthrough the reverse of the name of the land title certificate. Reverse the name of the land title certificate What is done by buying and selling is a legal act of transferring rights other things, except that transfer of rights through auction can only be registered if proven by a deed made by the authorized PPAT. Objective The expected writing in this research is: To analyze the process of changing the name of a title certificate when buying and selling land; To analyze legal consequences if you do not change your name in the buying and selling process land, to analyze the legal measures that can be taken against the perpetrators use of land certificates. This research uses normative research methods, with a focus on collecting data as primary, secondary or tertiary data. Technique Data collection includes data analysis, which ensures proper interpretation of the data systematic, clear, and accurate to provide meaningful insights. Results This research is the Implementation of Transfer of Names of Ownership Certificates in Buying and Selling Land carried out by the Deli Serdang Land Office against the certificate Land ownership rights are legally impaired due to ownership certificates previously had been involved in buying and selling with other people. Apart from that, come back the name on the title certificate is not known to the person has civil rights to the land. For the community there must also be more find out about name change procedures, which are in accordance with regulations applicable laws. To avoid a possible problem happen. Apart from that, increasing awareness in carrying out buying and selling transactionsIn accordance with applicable regulations, this is the application of PP No. 24 years old 1997 Concerning Land Registration
TANGGUNG JAWAB DIREKSI TERHADAP PARA INVESTOR DALAM MENJALANKAN PERSEROAN (Ditinjau Dari Undang-Undang Perseroan Terbatas) hisar siregar
Nommensen Journal of Legal Opinion Vol 03 No 02 Juli 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i2.2377

Abstract

A Limited Liability Company is a form of legal entity in the economic field in Indonesia and is one of the pillars of national economic development. The capital structure in a company business entity consists of shares owned by people or parties with the same interests. As a business entity in the form of a legal entity, of course it has an interest as it exists in humans. The position of a limited liability company is a legal subject whose position, rights and obligations are the same as humans before the law, so that in carrying out its activities and activities, of course there are company organs that run it. the directors are one of the parties responsible for managing the company in accordance with the goals of the company. This is because the directors are trustees as well as agents for limited liability companies. It is said to be a trustee, because the directors manage the company's assets, and are said to be agents, because the directors act out for and on behalf of the company. Research conducted using normative research types and can also be called doctrinal legal research. Normative law research serves to provide juridical arguments when there is a vacuum, ambiguity, and conflict of norms. In general, the approach in normative legal research consists of: statutory approach, conceptual approach, legal history approach, comparative approach and case approach. In running the company, if the directors carry out their responsibilities in accordance with applicable regulations and also in good faith and the precautionary principle, then the losses suffered by the company are not the responsibility of the company's directors. However, if the company's losses arise from within the directors themselves, such as being negligent in carrying out their responsibilities, then the losses suffered by the company can ensnare the directors to their personal assets.

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