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INDONESIA
Deposisi: Jurnal Publikasi Ilmu Hukum
Published by Universitas Katolik Widya Karya Malang
ISSN : 29875188     EISSN : 29874211     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 220 Documents
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Urgensi Penerapan Tes Insolvensi Atas Perusahaan Yang Akan Diputus Pailit Andriyanto Adhi Nugroho; Guna Gerhat Sinaga; Muhammad Fikri; Azareel Sulistiyanto Jusuf; Natasya Fhadyah Azzahra; Adira Mutiara Jasmine
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1810

Abstract

In the law embodied in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, there isn't a requirement stipulating that a debtor must be declared unable (insolvent) to pay their debts through an insolvency test as a condition to determine their bankruptcy status or not. Instead, the debtor's bankruptcy status is established by proving that the debtor has a minimum of 2 (two) creditors, has failed to pay at least 1 (one) due and collectible debt. The absence of insolvency testing as a bankruptcy criterion in Indonesia could lead to companies that are actually capable of fulfilling their obligations being considered bankrupt because they meet the bankruptcy requirements in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations regulates the requirements for bankruptcy. This has the potential for significant impact, even reducing the confidence of foreign investors to invest in Indonesia. This research employs a normative legal approach. The data source utilized in this study comprises secondary data obtained through the analysis of existing literature or documents. The results of insolvency testing, determining whether a company is categorized as insolvent or not, provide an opportunity for solvent debtors to prove that they have sufficient assets to settle debts to multiple creditors. This gives debtors the chance to rebuild their businesses. Therefore, the implementation of insolvency test in a company plays a role in saving solvent debtors from bankruptcy petitions filed by creditors.
Tinjauan Terhadap Bagi Hasil Perikanan Pada Tradisi Huyula Di Wilayah Pesisir Pantai Paguat Tinto Maulana Rahim; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1813

Abstract

This research aims to find out an overview of fisheries profit sharing in the Huyula Tradition in the Paguat Coastal Area, based on the title raised in this research. This research uses a type of normative legal research. The process of collecting data from the objects studied in this research is using library research. The data obtained by this research uses a normative analysis method, namely by interpreting and discussing research material based on law, legal norms, legal theories and doctrines related to the main problem. The results of this research show that the Juridical Review of Fishery Profit Sharing in the Huyula Tradition on the Paguat Coast, namely in the Bongoime Village community, Huyula values are applied by the community in various aspects of life. Huyula values are manifested in various activities, for example in community service for environmental cleanup rural areas, building village roads, death, cleaning local irrigation canals and agricultural activities. Community service activities for the public interest, in coordination with the local government without distinguishing between social status, community service activities are usually referred to as "Hulunga" activities by the community as well as factors that influence profit sharing problems, namely economic factors, catch factors, entanglement factors. debt, education factor, legal knowledge factor and age factor.
Keabsahan Permohonan Pailit Yang Diajukan Buruh Terhadap Perusahaan Terkait Pemenuhan Haknya Rebecca Purba; Safina Nabila Fikrie; Diva Salsabila Ferdiansyah; Angelia Carla; Nafisa Verlee Ameeralia; Andriyanto Adhi Nugroho
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1814

Abstract

In the second quarter of 2020, Commercial Courts in Indonesia handled 132 bankruptcy cases. In the first semester of 2020, the number of bankruptcy cases handled by the Commercial Court in Indonesia increased to 233 cases, including 43 cases handled by the Central Jakarta Commercial Court. The aim of bankruptcy is basically to provide a solution to the parties if the Debtor stops paying/is unable to pay his debts. Bankruptcy prevents/avoids unfair actions that can harm all parties, namely: avoiding execution by creditors and preventing fraud by the debtor himself. Bankruptcy is a legal institution that has an important function, namely as the realization of two important articles in the Civil Code regarding the debtor's responsibility for the obligations carried out, namely Articles 1131 and 1132. This research aims to determine the validity of the bankruptcy petition submitted by workers to the compliance company. his rights. This research uses normative juridical legal research methods. In this research, what is emphasized is the aspect of law application which is carried out integrally with morality. The research results show that a worker's bankruptcy petition is a petition submitted by workers or labor unions to the commercial court to declare the company where they work bankrupt. A worker's bankruptcy application can be filed if the company does not pay wages, allowances and other rights that should be paid to workers.
Implementasi Perlindungan Hak Pekerja terkait Kecelakaan Kerja oleh BPJS Ketenagakerjaan Putri Rini Situmeang; Lia Ulvi Miranata Putri; Ayu Pebrianti
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1873

Abstract

Occupational accidents are considered a risk that is difficult to avoid in production or work activities. Protection of rights can ensure the working life not to consider itself in a hazardous work environment, even if accidents at work are inevitable. The research uses implementation assessment elements: programs or policies, target groups, and implementers. The aim of this study is to find out how the implementation of worker rights protection is related to employment accidents at BPJS Employment. The research method used is qualitative, with a library study approach. As for the results obtained in this study, i.e. in creating social security related to work accidents as an attempt to protect workers or workers, the program or policy implemented is JKK (Work Accident Insurance) with the target group of workers and workers and implementers of the BPJS Employment. This research could draw the conclusion that the implementation of social security efforts related to work accidents is not optimal because there are still problems in these activities, such as delays, and companies do not do what should be done by the company.
Prosedur Badan Penyelengara Jaminan Sosial Dalam Klaim Jaminan Kecelakaan Kerja Siregar, Tya Efrinamasya Sendhe; Elonika, Yesica; Marbun, Rotua; Mellyana Candra
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1974

Abstract

Work accidents are a phenomenon that often occurs in various industrial sectors. In the process of nation building, the role of the workforce is increasing, along with the various difficulties and risks they face. As a result, to increase national productivity, workers must be provided with protection, care and increased welfare. To ensure that all the steps required to obtain work accident insurance have been carried out correctly and clearly, BPJS procedures cover various aspects, such as registering participants, handling work accident cases, and paying compensation to victims. This journal is made using the library research method, which refers to the process of searching, collecting and analyzing literature or written sources such as books, reports and journals that are relevant to a particular research or study topic. One of them is for the workforce in realizing prosperity. Due to the important role of labor in achieving development goals, they have rights and obligations protected by law. Workers who experience work accidents can receive legal protection such as health services according to medical needs and monetary compensation. The rights and obligations of workers, employers and BPJS Employment are not affected if reporting work accidents is delayed to BPJS Employment and UPTD Employment Inspection.
Akibat Hukum Dari Perkawinan Polandri Di Pengadilan Agama Gorontalo Siti Nur Magfirah A. Hudodo; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.2001

Abstract

This research aims to find out the juridical perspective on polyandrous marriages and what the legal consequences of polyandrous marriages are in the Gorontalo Religious Court. This research uses normative legal research methods or normative juridical research. This normative research includes library research or document study, because the objects studied are official public documents, namely official data from the Gorontalo Religious Court. Legal research carried out by examining library materials or secondary data alone can be called normative legal research or library legal research supported by empirical data. The results of this research show that the legal consequences of polyandrous marriages in the Gorontalo Religious Court are that the biggest difficulty in polyandry is that the father of the child is not known, so that in this model of marriage the relationship between father and child is uncertain. Just as sexual communism has no foothold, so polyandry cannot be popular in any society. Therefore, family life which is a safe building of protection for the next generation and a strict connection between one generation and the next is an instinctive demand of human nature.
Persepsi Masyarakat Terhadap Naiknya Harga Tiket Kapal Laut Tujuan Batam - Tanjungpinang 2022 Amalia, Nabilla; Fitani, Keyza Regita; Fajriyah, Latifa Nur
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2009

Abstract

The rise in BBM prices becomes a global problem, it affects the perception of the people about the rise of the price of ferry tickets to Batam-Tanjungpinang in 2022. The aim of this study is to find out how people see the rise in the price of shipping tickets in Batam-Tanjungpinang in 2022. The research uses descriptive research with a method of qualitative approach. The result of the study is that the public’s perspective on the increase in BBM prices againts the rise in shipping charges is a reasonable thing, because this is a necessity for the people who frequently travel by ships
Implementasi Undang-Undang Nomor 41 Tahun 2009 Tentang Perlindungan Lahan Pertanian Pangan Berkelanjutan Terkait Konservasi Lahan Pertanian Di Kabupaten Bolaang Mongondow Moh Vazri Damopolii; Fenty U.Puluhulawa; Zamroni Abdussamad
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2037

Abstract

This study aims to determine the implementation of Law No. 41 of 2009 concerning Protection of Sustainable Food Agriculture Land in Surakarta City and its obstacles. Research background, that the development of food security and sovereignty needs to be carried out through the provision and establishment of sustainable food agricultural land. But in urban areas, efforts to maintain the existence of agricultural land are quite complicated problems. The high demand for land due to the development of housing, trade, services, industry and others causes a large proportion of the agricultural area to continue to decline every year. The promulgation of Law No. 41 of 2009 concerning Protection of Sustainable Food Agriculture Land is expected to reduce the high rate of conversion of rice fields and maintain their ecological functions. This type of research is an empirical legal research. The nature of the research is descriptive because it wants to describe the implementation of Law Number 41 of 2009 concerning Protection of Sustainable Food Agriculture Land in Surakarta City. The results of the study, that the implementation of Law Number 41 of 2009 concerning Land Sustainable food agriculture in the City of Surakarta was only at the stage of inventorying paddy fields and had not yet arrived at the formation of a Regional Regulation. The reason is that paddy fields in the city of Surakarta are not productive because there is no technical irrigation network available, the majority of the livelihoods of the people of Surakarta are not as farmers, and the high demands of settlement needs as a consequence of the development of urban areas. This is in accordance with the results of identification by the Department of Agriculture, BPN and BAPPEDA that out of 111 hectares of agricultural land listed in the Regional Spatial Planning of Surakarta City No. 1 of 2012, the total area of agricultural land is less than 111 hectares and only 80-90 hectares of land. agriculture that is not cultivated and partly in the form of paddy fields surrounded by housing. The absence of a regional regulation that stipulates the protection of sustainable agricultural land causes in practice there is no clarity regarding protected land, sanctions for violations or incentives that will be accepted by the community if they do not carry out or protect the agricultural land they own.
Analisis Yuiridis Tentang Pembatalan Sertifikat Hak Milik Tanah Oleh Hakim Di Pengadilan Negeri Gorontalo Humairah Hasan Sabaya; Weny Almoravid Dungga; Iulius T.Mandjo
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2058

Abstract

The aims of this research are: to know and understand the juridical analysis of the cancellation of land certificates by judges in the city of Gorontalo and to know and understand the judge's considerations regarding the cancellation of land certificates from an administrative perspective. The method used in this research is normative legal research obtained through literature study and primary data obtained in the field. This research took place at the Gorontalo City District Court. The results obtained from this research are that land is a requirement to achieve legal certainty and legal protection of land rights. Conditions for achieving legal certainty and legal protection of land rights. Land registration not only functions to protect the owner, but also functions to find out the status of the land plot, who the owner is, what rights they have, how big it is, what it is used for and so on. In this different legal position, the legal assessment by the judge becomes different, where the sale and purchase deed has the position of assessing the law of the agreement and is subject to the terms of the validity of the agreement, and if it is made illegally the sale and purchase deed can be canceled by the district court. 
Aspek Hukum Terhadap Regulasi Wanprestasi Perjanjian Dengan Jaminan Hak Tanggungan Endang Setyowati
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.2170

Abstract

Cooperation between economic actors such as financial institutions is an embodiment of the concept of the rule of law in economic development. Financial institutions such as banks provide credit to the public but there are also credit risks. So Bank Indonesia issued Guidelines for Preparing Credit Policies (PPKPB) for Commercial Banks, on March 31 1995, through Bank Indonesia Directors' Decree No.27/162/KEP/DIR which contains credit agreements in standard form. The existence of standard clauses in bank credit agreements containing the debtor's obligations, which aim to protect the creditor's interests, is unfair to the debtor. For this reason, it is necessary to study the weaknesses in the regulation of default on agreements with guarantees of mortgage rights. This research is based on John Rawls's Theory of Justice and Lawrence M. Friedman's Legal System Theory. The research specifications are analytical descriptive, with a sociological juridical research type. Regulations on default on agreements with guaranteed mortgage rights have weaknesses in the legal structure aspect, namely the lack of synergy between law enforcement officials. Apart from that, there are weaknesses in the legal substance aspect, namely related to the provisions contained in Article 15 UUHT, as well as weaknesses in the legal culture aspect which can be seen from the public's lack of knowledge about credit agreements and the lack of socialization regarding legal regulations related to the basic principles of agreement law.

Page 13 of 22 | Total Record : 220

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