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INDONESIA
Legalpreneur Journal
Published by Universitas Dharmawangsa
ISSN : 29620961     EISSN : 29649889     DOI : https://doi.org/10.46576/lpj.v1i1
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Other
We provide editors and reviewers on topics related to legal issues globally. The scope of articles published in this journal is related to the Department of Law available in the Master Of Law at Dharmawangsa University, where the purpose of this journal is to provide a forum for academics, practitioners and researchers to publish research manuscripts or conceptual manuscripts. The scope of articles published in this journal deals with topics in the fields of Comparative Law, Customary Law, Constitutional Law, Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions related to the study of law.
Arjuna Subject : Umum - Umum
Articles 8 Documents
 1 
Search results for , issue "Volume 3, No. 1 October 2024" : 8 Documents clear
The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI) Ahadin, Ahadin; Azmi, Syariful; Sahputra, Rilawadi
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5129

Abstract

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.
Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City Pramono, Rahman; Sahputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5128

Abstract

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.
Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021 Surnada, Surnada; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5029

Abstract

The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.
The Role Of Investigators In The Application Of Restorative Justice And Rehabilitation To Victims Of Drug Abuse In The Belawan Port Police Sirait, Mangatur; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5031

Abstract

This study aims to determine the application of restorative justice and rehabilitation in the case of narcotics crime in legislation, the role of investigators in implementing restorative justice and rehabilitation in the Belawan jurisdiction, as well as the obstacles faced by investigators in implementing restorative justice and rehabilitation in the region. The research method used in this study is empirical juridical research that combines elements of law and scientific method. This study uses a qualitative approach with data collection techniques through interviews and document studies. The data sources consist of primary data obtained through observation, interviews, and questionnaires, as well as secondary data derived from primary and secondary legal materials. Data analysis is done descriptively by grouping, interpreting, and summarizing the data obtained. Investigators have an important role in handling cases of victims of drug abuse, including in the investigation, investigation, and rehabilitation. The implementation of restorative justice and rehabilitation at the Belawan Port Police Station has been carried out, but there are still obstacles such as lack of knowledge and skills of investigators, lack of support and facilities, and lack of community involvement. Increased training for investigators and stronger cooperation with communities and rehabilitation institutions are needed to improve the effectiveness of Drug Abuse Prevention.
Onrechmatige Daad and Default on Supreme Court Decision Number: Number: 1120 K / Pdt/2022 Jo. Number: 342 / Pdt / 2021 / PT MDN 342 / Pdt / 2021 / PT MDN. Purnomo, Sigit; Saputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5130

Abstract

Procurement agreements have a very important function in the development of the country's economy, the amount of state money involved in this agreement is very large. Failure to fulfill this feat is often the basis for the injured party not to execute the agreement. The existence of parties who do not run the agreement often arise disputes because there are parties who feel disadvantaged as a result of this. The purpose of this research is to: 1). Describe the form of unlawful acts and defaults in the implementation of the procurement of goods and services in the decision of the Supreme Court Number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 2). Reviewing legal considerations by judges in Supreme Court decision number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 3). Reviewing the legal settlement of disputes over the procurement of goods and services that are not in accordance with the agreement on the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342 / Pdt / 2021 / PT MDN. This type of research is normative legal research the data source of this research is secondary data, which includes: primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection using the study of literature and documents. Analysis of research data using normative analysis of research results obtained a conclusion that: 1). Form of tort and tort in the Procurement Agreement of goods and services with number: PJJ.04.04.01/05/07/2019/0104 about the procurement and installation of AC (Air Conditioner) at Garbarata Kualanamu Deli Serdang International Airport in the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342/Pdt/2021/PT MDN is the plaintiff/comparator/applicant for Cassation I / respondent to Cassation II (CV. Marendal Mas) is considered to have done what was promised, but it is too late and the defendant/compared/applicant Cassation II / respondent Cassation I (PT. Angkasa Pura II Kualanamu Airport Branch) did not immediately make payment for the work that the plaintiff/comparator plaintiff/comparator/Cassation applicant I/Cassation respondent did, as a result CV. Marendal Mas felt aggrieved because he could not pay the working capital of the bank and declared bad loans and collateral threatened with auction.
Business Dispute Settlement Employment Chartering Agreement In The Perspective Of Legal Certainty Saputra, Iqbal; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5030

Abstract

The background of the problems in this thesis research is a business dispute agreement chartering Pekerajaan with a peace decision between Antony Simon melaawan LAI MEE YEK that can be resolved through the mediation process. In conducting the mediation process in court with a peace decision (deed of Vandading) in the Medan District Court in accordance with the mediation implementation procedure as stipulated in PERMA No. 1 of 2016. The problems discussed in writing this thesis is how the legal regulations in the settlement of business disputes on the tort of default, how the settlement of cases of tort of default with the occurrence of peace (Dading) by the Medan District Court and how the settlement of business disputes chartering Pekeraja agreement with the Peace decision (deed Vandading) in Medan District Court. The research method used in the writing of this thesis is a type of normative-empirical legal research, by conducting doctoral research directly and using data collection tools in the form of interviews. Based on the results of research, the process of resolving default business disputes through a simple lawsuit based on perma number 4 of 2019 with a material lawsuit of at most Rp.500.000.000, - (five hundred million rupiah) in order to achieve legal certainty should be in the lawsuit the plaintiff appealed to the Chairman/panel of judges who examined and tried this case to put a temporary bail seizure (conservatoir beslagh) against the defendant's property both movable and immovable. In order to avoid greater financing and longer time in resolving this matter.
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Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5131

Abstract

Cover of Journal
Arbitration In Legal Remediesn Against Dispute Resolution Construction Service Contract Safnul, Dody
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5032

Abstract

The purpose of this research is to find out what are the advantages and deficiencies in problem solving through arbitration and how the process dispute resolution through arbitration in construction contract disputes. By using research methods juridical normative, it can be concluded, that: 1. Arbitration is the way settlement of a civil dispute in outside the general court based on arbitration agreements made written by the parties to the dispute. 2. The existence of a written agreement negates the right of the parties to apply resolution of disputes or disagreements what's included in the agreement state court. 

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