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Jurnal Magister Hukum Perspektif
Published by Universitas Wisnuwardhana Malang
ISSN : 20866526     EISSN : 26220873     DOI : https://doi.org/10.37303/jurnal%20magister.v14i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Dogmatika Hukum (Legal Dogmatics), Teori Hukum (Legal Theory), Fisafat Hukum (Legal Philosophy) dan Perbandingan Hukum (Comparative Hukum) serta hasil penerapan hukum dengan topik Hukum Perdata dan segala spesifikasinya, Hukum Pidana dan spesisfikasinya, Hukum Konstitusional/Tata Negara dan spesifikasinya, Hukum Administrasi dan spesifikasinya, Hukum Adat dan spesifikasinya, Hukum Internasional dan spesifikasinya dan Hukum Kesehatan serta di bidang hukum lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol 14 No 1 (2023)" : 4 Documents clear
TARIK ULUR KEBEBASAN PERS DI DALAM RUANG PERSIDANGAN
Jurnal Magister Hukum Perspektif Vol 14 No 1 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.232 KB) | DOI: 10.37303/jurnal magister.v14i1.72

Abstract

The covering of the trial in court by the mass media raises pros and cons, even raising allegations of an attempt to weaken press freedom. This research tries to find out the dynamics of regulation of press freedom in the trial and the importance of it. In order to answer these problems, the authors conducted research using normative juridical research methods. The results of this study indicate that regulations related to media coverage in trials are often changed by the government or by the court. It has been noted that the statutory regulations governing this matter have been amended several times. On the other hand, there is an important reason why the press needs freedom to report on disputes, namely because the press institution is the fourth pillar of democracy, one of which is social control (the media as a watchdog). Keywords: press freedom, trial coverage regulation, court.
AKIBAT HUKUM PENERIMA DANA LAYANAN PENDANAAN BERSAMA BERBASIS TEKNOLOGI INFORMASI GAGAL BAYAR
Jurnal Magister Hukum Perspektif Vol 14 No 1 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.087 KB) | DOI: 10.37303/jurnal magister.v14i1.73

Abstract

Technological innovations with financial features continue to emerge, marking the momentum of transformation in the financial world. Fintech Lending or Fintech Peer to peer Lending is a money lending and borrowing service in the financial sector with the use of information technology, this type provides loans for people's urgent needs. This technology-based financial service offers financial products that provide hope for people who need money. The effects that occur are problems for recipients of online loan funds because they are unable to pay so they are trapped in debt and the risk of defaulting on loans or known as "GalBay". The purpose of this research is to find out the binding that is born, the legal consequences and legal responsibilities of recipients of information technology-based joint funding service loans who default. The research method used is normative legal research, namely library law research including legal principles, and legal synchronization. The results of the research, regarding the binding on information technology-based joint funding services, namely the agreement made until the default committed by the recipient of the funds. The legal consequences of recipients of information technology-based joint funding services making default or default, are getting a warning from the Funder, will receive a penalty and interest expense according to the agreement on the electronic contract, Collection from other parties in collaboration with the Funder will be included in the SLIK blacklist of the Financial Services Authority. Meanwhile, the responsibility that can be imposed on the recipient of funds is that they are still obliged to pay off all loan installments along with penalty obligations in accordance with the agreed electronic agreement. The responsibility ends if the customer who defaults or fails to pay fulfills his obligations
PENTINGNYA LEGALITAS PIRT DAN NIB BAGI PELAKU USAHA KUE KERING
Jurnal Magister Hukum Perspektif Vol 14 No 1 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/jurnal magister.v14i1.75

Abstract

Micro, small and medium enterprises (MSMEs) have become one of the benchmarks for economic development in Indonesia, especially during the Covid-19 pandemic. The legality aspect for pastry business actors is Home Industry Food (PIRT) and Business Identification Number (NIB). The author analyzes the importance of the legality of PIRT and NIB for pastry business actors. The research method in this study is legal research using a normative approach, with a descriptive research type. Pastry business actors who have NIB and PIRT have the opportunity to market their products to a wider range, and can be included in government goods and services procurement programs, also when business actors need additional capital and need credit, business legality documents are one of the requirements and at a further level, business actors can take care of BPOM and Halal certification. Keywords: Importance, PIRT, NIB, Pastry Business Actors
KLAUSUL BAKU PRASYARAT JUAL BELI MAKANAN DITINJAU DARI HUKUM BISNIS ISLAM
Jurnal Magister Hukum Perspektif Vol 14 No 1 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/jurnal magister.v14i1.77

Abstract

The purpose of this study is to determine the existence of standard clauses in terms of Islamic business law. The type of research is juridical-empirical which is descriptive-qualitative with primary and secondary data sources. Data collection techniques are obtained through interviews, observation and documentation. The result of the research is that the inclusion of standard clauses comes from the concept of khiyar. This is in accordance with its structural principles. Thus, the sale and purchase transactions that occur between business actors and consumers do not harm each other. Warung Makan Geprek Jombang does not apply standard clauses in Islamic business law because in practice Warung Makan Geprek Jombang does not fulfill the existing standard clauses. The sale and purchase of Warung Makan Geprek Jombang has fulfilled the pillars and conditions set by the Jumhur Ulama. So this sale and purchase is valid when viewed from the pillars and conditions of buying and selling. The validity of buying and selling is not only viewed from the pillars and conditions, but must be seen from various aspects. In Islam, a sale and purchase like this is classified as a conditional sale and purchase. Keywords: Application of Standard Clauses, Sale and Purchase, Business Law

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