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INDONESIA
Jurnal Legisia
ISSN : 20876319     EISSN : 28306325     DOI : --
Core Subject : Humanities, Social,
Legisia is an open access journal affiliated with Sunan Giri University Surabaya and published by the Faculty of Law and social sciences, Sunan Giri University Surabaya in a printed version, for the first time in 2010. This journal aims to serve as a forum for legal practitioners and researchers who want to share and contribute ideas -their ideas in legal studies which include: Criminal Law; Civil law; Constitutional law; Administrative law; International law; Islamic law; Law and Society; Economics and Business Law; Environmental law; Medical Law; and analysis of legislation. Published twice a year in January and July. Articles published in Legisia will go through a double blind peer review process, and will be decided by the Editorial Board based on peer review recommendations
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol 13 No 2 (2021): Juli" : 8 Documents clear
PERALIHAN HAK MILIK ATAS TANAH BELUM BERSERTIPIKAT MELALUI JUAL BELI YANG BERKEPASTIAN HUKUM Sukendah, Sukendah
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.235

Abstract

Land registration is to obtain collateral for land, while the status of land that is registered other than ownership rights is deemed inadequate because the time period is limited and there is a need for costs to extend the rights and therefore the validity of buying and selling ownership rights to land marked with evidence of land tax receipts is determined by fulfillment material requirements for land sellers and land buyers. The material requirement for land sellers is that the seller has the right and authority to sell ownership rights to the land, while the material requirement for land buyers is that the land buyer must fulfill the requirements as the subject of ownership rights to the land which is the object of buying and selling land. the research method is a normative juridical method, the results of research on the sale and purchase of ownership rights to land marked with evidence of land tax receipts with the intention of being registered (certified) at the district/city land office, then the sale and purchase of ownership rights to the land must be proven by the deed of the official making the deed authorized landlord (PPAT), buyers of land titles marked with evidence of land tax receipts who wish to register the land they have purchased are carried out through sporadic land registration that is individual (individual) or mass. the registration of the land is carried out by confirming the conversion (recognition of rights). Keywords: transfer of property rights, uncertified land, sale and purchase
KEDUDUKAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN PERJANJIAN KREDIT KAJIAN YURIDIS BERDASARKAN UNDANG-UNDANG No. 4 TAHUN 1996 TENTANG HAK TANGGUNGAN Ulfah, Abidatul
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.236

Abstract

With the increasing increase in national development that focuses on the economic sector, with increasing development activities, the need for the availability of funds is also increasing, most of which are obtained through credit, one of the facilities that have a strategic role in procuring funds is banking institutions, in meeting the need for funds for economic activities. in the form of bank credit, and the enactment of Law number 4 of 1996 concerning mortgage rights over land and objects related to land, mortgages being the only institution to guarantee land rights, the presence of the UUHT cannot be separated from the situation and conditions of development in the field of land rights. an economy that requires large enough funds, so it requires a strong guarantee rights institution and is able to provide legal certainty for interested parties, what is the legal position of the creditor holding the mortgage if the debtor defaults in the credit agreement and the resolution of execution problems i Mortgage in practice, normative juridical research method to describe the legal certainty of mortgage guarantee in laws and regulations associated with the practice of its application, a debtor defaults and an unregistered mortgage right (APHT) deed, then the mortgage does not meet the principle of publicity and the principle of preference, but creditors still have the right to obtain collateral, only that their position is equal to other creditors. In the event of a violation or negligence of not registering the APHT to the land office by the PPAT or notary, the PPAT or Notary will be subject to administrative sanctions and the nature of the mortgage is to continue to follow the object in the hands of whoever the object. Keywords: Legal Position, Credit Agreement, Creditors holding mortgages
DAMPAK HUKUM PERKAWINAN DI BAWAH UMUR MENURUT HUKUM POSITIF DI INDONESIA Sulikah, Siti
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.237

Abstract

Abstract: Underage marriage is a form of gender injustice experienced by women due to the strong roots of patriarchal culture in a society that considers women as goods and always under (subordination). Underage marriage is a complicated and sensitive issue. Therefore, this research was made with the aim of knowing the impact and legal consequences of underage marriage based on the provisions of Islamic law and the Marriage Law as well as other relevant laws and regulations in accordance with positive law in force in Indonesia. The legal writing method used is juridical-normative. The legal consequences of underage marriages have several legal and biological, psychological, social impacts and the impact of deviant sexual behavior. Keywords: Marriage, Underage, Positive Law
PERLINDUNGAN HUKUM TERHADAP ANAK YANG DIPEKERJAKAN (UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK) Putra Hamadah, Fasal Arif
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.238

Abstract

The complexity of the problems regarding children being employed is endless. The problem of adult workers is not over even though there is already a legal umbrella especially with regard to child labor which requires extra and more specific attention. Not only intersect with the legal side of child protection, but also intersect with the side of human rights (HAM) where the rights of the child even though he as a child worker must still be protected and protected. Based on an analysis of Indonesian laws and regulations governing protection for child labor, the following forms of protection for child labor are found: prohibiting the recruitment of child labor, but exceptions can be given for: aged between 13-15 years old for do light work as long as it does not interfere with the development and physical, mental and social health of the child, written permission from parents or guardians, work agreements between employers and parents or guardians, maximum working time of 3 (three) hours, is carried out during the day and does not interfere school time, occupational safety and health, clear employment relations, and receiving wages in accordance with applicable regulations. Keywords : Legal protection, Children, Regulations.
HUKUM PERNIKAHAN DI BAWAH TANGAN (SIRRI) (TINJAUAN UNDANG-UNDANG NO: 1 TAHUN 1974 DIRUBAH UNDANG-UNDANG NO: 16 TAHUN 2019 TENTANG PERKAWINAN) Ihya', Rachmat; Wahyuni, Umi
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.239

Abstract

Marriage is an important event in people's lives, so the state has the right to regulate this matter in clear rules to provide legal protection and order in people's lives. about the phenomenon of marriage that is not uncommon but often occurs in the community, namely underhand marriage or in Islamic terms, sirri marriage. The issue of legal or unregistered marriages often becomes a polemic which results in unclear marital status that occurs, this has a negative impact on the parties involved, both wives, husbands and children. research on the behavior of these community groups (the perpetrators of sirri marriages) in society, what are the causes of underhand marriages (sirri) in society and the legal impact. This study uses a normative juridical method with a statutory approach as the main source of legal material, marriage according to the Islamic Law Compilation is that marriages carried out outside the supervision of the Marriage Registrar have no legal force. Keywords: Legal Review, Sirri marriage, Society
TINJAUAN YURIDIS KEPEMILIKAN PROPERTI DI INDONESIA Muryani, Muryani
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.240

Abstract

Abstract Law Number 5 of 1960 concerning the Basic Regulation of Agrarian Principles (UUPA) confirms that only Indonesian citizens can have a full relationship with land. This provision is a manifestation of the principle of nationality in the ownership of property in the form of land. This research uses normative juridical research methods, the approach used is a legal approach from various laws and regulations related to the status of property rights for foreign nationals in Indonesia. This decision has certainly occurred a conflict of norms in the arrangement of granting rights to foreign nationals, to property in Indonesia, so what is the status of property ownership rights for Indonesian citizens and foreign citizens, only Indonesian citizens can have property rights to land because these provisions are a manifestation of the principle of nationality in property ownership in the form of land, Foreigners are not allowed to own title land even though because of inheritance as well as people who mix property, dual citizenship, namely foreign nationality in addition to being Indonesian citizens. Keywords: Overview, Property, Indonesian and Foreign Citizens
ANALISIS KEBIJAKAN PABRIK GULA CANDI BARU TERHADAP DAMPAK PENCEMARAN LIMBAH PABRIK GULA (Studi kasus di Kelurahan Candi Kecamatan Candi Kota Sidoarjo) Safarulloh, Abdus Salam
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.241

Abstract

Environmental Processing, aims to anticipate the destruction of natural effects of human activities. Natural damage can be caused due to pollution, at one time there were three officials who were arrested because of a pollution case with complaint number 012/Li-1/x/2018/, because there were victims who died, bagaimana the policy of the Candi sugar factory above environmental pollution of the community Temple village, this research uses the normatif empirical research method with a qualitative descriptive approach method, the Candi Baru Sugar Factory takes an approach with an out-of-court settlement based on the word agreement, (consensus) carried out by the parties to the dispute , The New Temple Sugar Factory makes policies for the temple village community such as, free mass circumcision, free medical treatment, distribution of basic necessities, opening up job opportunities for truck drivers, electricity costs for places of worship borne by the New Temple Sugar Factory, and also most employees of the New Temple Sugar Factory are indigenous people. Keywords : environmental pollution , out-of-court settlement, policy.
ANALISA KONFLIK DUALISME KEPENGURUSAN KLUB SEPAK BOLA AREMA : (Berdasarkan Undang-Undang No: 28 Tahun 2004 Tentang Yayasan) Hakam, Abdul; Haniyah, Haniyah; Ahmad Fandik, Rio; HANIYA
JURNAL LEGISIA Vol 13 No 2 (2021): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v13i2.170

Abstract

The emerging football dualism inevitably triggered divisions in football in Indonesia. The consistency and loyalty of Indonesian fans, began to be divided with the emergence of two clubs with the same name but were in different competitions over this issue due to the Responsibility of the Foundation Management for the Transfer of Shares Based on Law No. 40 of 2007 concerning Arema Limited Liability Companies (PT) to the Public. The research method used is a normative research method with a statutory approach (Statute Aprouch) as a result of research, The conflict between the dualism of the Arema football club can be resolved by bringing together the two management of the Arema FC club which is in Liga 1 and Arema Indonesia which is in League 3 with the Arema Foundation as the owner of all Arema club assets. The coaching that is recognized is the name of the Coach which is in line with the updated data of the Ministry of Law and Human Rights

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