Deposisi: Jurnal Publikasi Ilmu Hukum
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.
Articles
220 Documents
<![CDATA[Kepastian Hukum Transaksi Direksi Yang Memuat Benturan Kepentingan Ditinjau Dari Good Corporate Governance ]]>
<![CDATA[Dian Priharyanti]]>;
<![CDATA[Elisatris Gultom]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2199
<![CDATA[Directors have a crucial role in the company, with the potential for actions that are not in accordance with corporate governance that can be detrimental and cause conflicts of interest, threatening the company's growth. In this context, Good Corporate Governance becomes crucial as a supervision to prevent detrimental actions. This article discusses Directors' Transactions involving Conflicts of Interest and legal certainty of director actions. The research uses normative juridical methods, with a statutory regulatory approach as the basis. Actions or transactions with a conflict of interest are considered not to be a legal problem if they are carried out in good faith, in accordance with KEP-412/BL/2009. However, a different view emerges from the principles of good corporate governance which suggest avoiding transactions with conflicts of interest. The research conclusion confirms that directors, as holders of trust, cannot be held responsible for losses if they act in good faith. Although the law allows transactions with conflicts of interest, the principles of good corporate governance emphasize the importance of avoiding actions that involve conflicts of interest in order to maintain the principles of good corporate governance.]]>
<![CDATA[Tinjauan Yuridis Kredit Macet Bank Sulut-Gocabang Limboto Lewat Interpertasi Perdata ]]>
<![CDATA[Muhammad Tahta A.R]]>;
<![CDATA[Weny A Dungga]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2210
<![CDATA[settlement of bad debts made by debtors, is a violation of the program credit distribution program against sulut-go bank which has generated a lot of speculation about the rules of civil law. The problem is the enforcement of the law against the debtor allegedly with the issue of the article on the crime of corruption article 2 paragraph 1. The purpose of this research is to find out thoroughly about the enforcement of bad credit in the review of civil law. bad credit in the review of civil law and judge's decision, the problem of bad credit, and default. and default. Bank Sulut-Go which is in limboto branch against debtors who have bad credit. and discussion of the research that there is an imprudence that is done by the bank regarding the credit process by pledging something that does not belong to the debtor, but is processed.belonging to the debtor, but processed. Furthermore, that this contract occurs contract with a repayment duration that is not yet due but has already entered the court. The conclusion drawn by the researcher is that when a case that still has a contract it includes default and is a problem of bonding between people because it arises due to the cideranya promise, whose resolution path must be the civil realm. Default in bad credit can be recognized when there is an error, negligence, and willfulness.]]>
<![CDATA[Dasar Keberlakuan Pasal 14 Angka 8 Akta Notaris Terhadap Pendirian Lembaga Bantuan Hukum Berbentuk Yayasan ]]>
<![CDATA[Rizkawati Gasin]]>;
<![CDATA[Weny Almoravid Dungga]]>;
<![CDATA[Zamroni Abdussamad]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2211
<![CDATA[This study aims to determine and analyse the basis for the enactment of Article 14 Point 8 of the Notary Deed towards the establishment of the foundation. The research method used in this research is Normative with a Legislation approach (statue approach) and case approach. The results showed that the validity of Article 14 number 8 of the Notarial Deed on the Establishment of a Legal Aid Institution in the Form of a Foundation does not have strong legal force because there are no rules that prohibit the management from concurrently implementing activities as contained in article 14 number 8 of the Notarial Deed on the Establishment of a Legal Aid Institution in the Form of a Foundation.]]>
<![CDATA[Faktor-Faktor Yang Menghambat Penyelesaian Sengketa Tanah Waris Akibat Pemalsuan Surat Wasiat Melalui Pengadilan Negeri ]]>
<![CDATA[Miftahuljannah Sidik]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2212
<![CDATA[Land disputes are civil disputes that are often filed by justice seekers in the District Court. Recently, many inheritance disputes often occur in families, the inheritance in question is in the form of movable and immovable property. This research aims to determine the process of resolving inheritance land disputes due to falsification of wills in district court and the inhibiting factors which are useful as a reference. The type of research used is empirical research, by interviewing plaintiffs, defendants and co-defendants in case decision no. 44/Pdt.G/2011/PN.Gtlo.The results of the research show that resolving inheritance land disputes resulting from forgery of wills through the District Court is preferred as a solution because it is an institution that provides the justice desired by the plaintiff and its decisions have permanent legal force. Inhibiting factors found in the research process, namely internal and external factors. Internal factors consist of lack of human resources, administrative services, and lack of facilities. And external factors consist of cost, time, good faith, lack of understanding of the parties, chaos in the trial, and lack of evidence.]]>
<![CDATA[Analisis Perubahan Undang-Undang Ketenagakerjaan Terhadap Undang Undang Cipta Kerja Klaster Perjanjian Kerja Waktu Tertentu ]]>
<![CDATA[Anindia Wulandari]]>;
<![CDATA[Putri Rimadani]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2218
<![CDATA[The implementation of the Job Creation Law (UU Job Creation) in Indonesia presents significant changes in employment regulations, especially regarding Specific Time Work Agreements (PKWT). This article evaluates the impact of the Job Creation Law on PKWT by analyzing changes in legal provisions that affect worker characteristics, rights and protection. The Job Creation Law introduces flexibility during the PKWT period, providing leeway for entrepreneurs to adapt working conditions to their business needs. However, this also raises concerns regarding the protection of workers' rights in certain time-based employment relationships. Efforts to clarify wage standards, benefits and social protection for workers in PKWT are the main highlight of this change. The importance of strict monitoring of the implementation of the Job Creation Law in the PKWT is crucial to ensure a balance between the interests of employers and workers' rights. Discussion and collaboration between the government, trade unions, employers and other stakeholders are essential to formulate fair and sustainable regulations for workers and equitable economic growth.]]>
<![CDATA[Politik Hukum Investasi Pertambangan di Indonesia ]]>
<![CDATA[Rizqiani Purwaningtiyas R]]>;
<![CDATA[Diajeng Dwi Oktaverina]]>;
<![CDATA[Bhim Prakoso]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2230
<![CDATA[This article discusses the dynamics of the development of mining management policies in Indonesia. Where mining activities in Indonesia itself have been going on for a long time. The study of this article shows mining regulatory policies in Indonesia to date, which have experienced many ups and downs in several regions of Indonesia. Starting from the licensing system, utilization of natural resources, policies towards mine workers and several other things, both national and international companies. The various dynamics of these developments show that mineral and coal mining is always seen as a strategic commodity economic center so it is worth fighting over, especially Indonesia which has a lot of natural resources whether it was once by domestic or foreign entrepreneurs and even recently by the central and regional governments, and the law was then held to support these goals.]]>
<![CDATA[Pengaruh Kebijakan Aturan Pemerintah Selama Covid-19 Yang Dapat Diterapkan Hingga Saat Ini ]]>
<![CDATA[Fadillah Ilmi]]>;
<![CDATA[Manik Dwi Kinasih]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2242
<![CDATA[The COVID-19 pandemic has presented multidimensional challenges for Indonesia, requiring holistic government policies to maintain public health and restore the economy. This journal aims to formulate effective and sustainable government regulatory policies since the pandemic until the present. On the economic recovery side, this policy includes direct financial assistance to workers and MSMEs, as well as ease of financing to encourage economic growth. Increasing investment is a key strategy with the formation of an investment coordination team. Regular monitoring and evaluation will be implemented through a real-time reporting system to ensure policy effectiveness. This research uses quantitative methods with a cross sectional design. The sampling technique in this research is incidental sampling. It is hoped that this journal can become a basis for the government and related stakeholders in formulating policies that are adaptive and responsive to changing pandemic conditions. With joint support, it is hoped that Indonesia can move towards a sustainable and resilient recovery through measurable and well-planned policies.]]>
<![CDATA[Penggunaan Hak Preogatif Presiden dalam Pengangkatan Menteri di Sistem Pemerintahan RI ]]>
<![CDATA[Muhammad Raen Puluhulawa]]>;
<![CDATA[Erman Rahim]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2244
<![CDATA[The prerogative is a privilege that belongs to the President which cannot be contested by other state institutions that use a presidential government system, namely the president is the head of state as well as the head of government in Indonesia. In the prerogative there is nothing specific to oversee a prerogative, but one of the supervision of this privilege is supervision in the cabinet ministers who are assistants to the president.The problems studied are 1) What is the meaning of the President's prerogative in the Indonesian government system. 2) How to Use the President's Prerogative in Appointing Ministers in the Indonesian Government System 3). What are the Forms of Supervision of Prerogatives in Cabinet Ministers? This study aims to identify and explain the meaning of presidential prerogatives, the system of government used in the application of prerogatives and oversight of privileges used in Indonesia. This research uses research methods through library research and normative research with reference to relevant laws and regulations and other legal materials related to substance in research and application regarding reading, listening, understanding, and reviewing the application of laws, scientific work. , books and literature related to the problem under study. In the meaning of prerogative is a privilege of a head of state in carrying out state duties.]]>
<![CDATA[Penyelesaian Kredit Dengan Jaminan Fidusia Yang Objeknya Dialihkan Oleh Debitur ]]>
<![CDATA[Fadel Afandi]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2251
<![CDATA[This study aims to determine the position of the object of the fiduciary guarantee transferred by the debtor based on the agreement with PT. Pegadaian and to determine the efforts to settle the credit transferred by the debtor. This research was conducted at PT. Pegadaian Pasar Butung Makassar and used the Normative-Empirical research type method. The approach is carried out with literature in reality based on interviews and documentation. The results of the study indicate that to determine the legal position of the object of the fiduciary guarantee transferred by the debtor, registration is required. PT. Pegadaian does not register a fiduciary guarantee in its entirety with consideration of costs, so that the legal position of the object of the fiduciary guarantee has a legal weakness in the sense of lack of legal certainty for creditors, because the debtor has violated the provisions of Article 23 paragraph (2). In addition, to settle loans with fiduciary guarantees whose objects are transferred by the debtor, PT. Pegadaian takes a negotiation method with the debtor and the third party who receives the transfer of the object of the fiduciary guarantee, namely by replacing the object of the collateral transferred to the third party with the object belonging to the debtor whose value is equivalent to the object of the guarantee that has been transferred, because PT. Pegadaian has material rights over the object of collateral.]]>
<![CDATA[Efektivitas Penegakan Hukum Pertahanan Negara Pada Sektor Maritim Indonesia ]]>
<![CDATA[Abdil Azizul Furqon]]>;
<![CDATA[Irwan Triadi]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i1.2253
<![CDATA[This article focuses on the effectiveness of law enforcement in the maritime sector. This is very important, considering that Indonesia is one of the countries with the longest coastal latitude in the world. So it is important to discuss this issue. Regarding the research method used is descriptive qualitative using data collection methods, namely library research. Based on the author's analysis, it can be concluded that law enforcement practices in the Indonesian maritime sector still have several shortcomings. Based on the author's analysis, state defense law enforcement practices in the Indonesian maritime sector are still not effective. This is due to overlapping laws and regulations in Indonesia. The impact of this overlap results in the spread of law enforcement agencies and difficulties in providing facilities and infrastructure for law enforcement in Indonesian waters. These conditions mean that Indonesia's national defense in the maritime region often experiences violations of the law, both by the Indonesian people and other countries, both by individuals and groups.]]>
