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Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Published by Sekolah Tinggi Ilmu Administrasi Yappi Makassar
ISSN : 29878624     EISSN : 29878632     DOI : 10.55606
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 202 Documents
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Perlindungan Hukum Nasabah Bisnis Trading dari Ketidaklayakan Pialang Berjangka Menurut Pasal 1365 KUH Perdata Rifka Tunanga; Weny Almoravid Dungga; Mellisa Towadi
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.571

Abstract

This writing aims to find out how the feasibility of futures broker PT. Forex family in managing the trading business and legal protection of customers of PT. Forex families. The method used in this paper is empirical normative method by collecting data through literature studies, interviews, and observation. The writing results show that agreements between futures brokerage companies and customers/investors in forex trading transactions are made in detailed and accurate standardized forms. In the transaction agreement, the contents are planned in advance by the parties to the futures brokerage company so that the customer/investor only has to agree to it if the customer is willing to accept the rules or terms and conditions that have been prepared and predetermined unilaterally by the futures brokerage company. Furthermore, the forex family conducts a forex investment business which in this case can be categorized as futures trading, so that in this case the license to carry out business activities must be granted by the competent authority, namely BAPPEBTI. Furthermore, in order to protect the interests of consumers and the public, the investment alert task force announced seven lists of illegal investment entities that were discontinued on November 3, 2021. One of the seven entities was named the FX family, which the task force called "unlicensed futures or forex trading activities" so that the public was asked to be careful. be careful and be aware of various types of investment offers with various types of fraudulent modes.
Perlindungan Terhadap Hak Konsumen Atas Penarikan Paksa Kendaraan Fauzia S. Tuna; Nur Mohamad Kasim; Suwitno Yutye Imran
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.572

Abstract

This study aims to determine the guarantee of the consumer protection institution foundation for consumer rights to the forced recall of vehicles. The research method used is an empirical legal research method using a descriptive approach and qualitative analysis techniques. The results of this study show that YLKI's role in guaranteeing consumer rights regarding the case of the forced withdrawal of motorized vehicles by the leasing party includes providing awareness to the public and providing advocacy and legal consultation for consumers who experience losses. On the first point In order to increase consumer awareness, LKY consistently strives to carry out community-based activities so that more and more people can find out about the materials or messages being disseminated to increase understanding and awareness of consumer rights. While providing advocacy and legal consultations for consumers who have experienced losses as an effort to fight for the rights of consumers who have suffered losses from finance companies. The two roles mentioned above are a form of guarantee of legal protection for consumers who experience losses.
Problematik Pengaturan Pembatalan Peraturan Desa Fathorrahman Fathorrahman
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.574

Abstract

Village Regulations according to Article 8 of the PPP Law are considered part of statutory regulations. This is in line with the previous PPP Law which placed Perdes as part of the Regional Regulations. With the recognition that Perdes are part of the national legal regulation system, the reversal also follows the regime of annulment of legislation. In the existing retaliation regime, it must go through judicial instruments, namely through the MK and MA. Particularly for village regulations, because their position is under the law, they go through the MA institution. However, the mechanism is regulated differently in the Village Law. The method used is the juridical-normative research model. From this research, there are several illustrations that the model for canceling Perdes regulated in the Village Law is a problem. Both from the aspect of the regulatory model and from the theoretical aspect.
Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Finance di Kota Gorontalo Moh. Alfajar Mursidah; Nirwan Junus; Sri Nanang M. Kamba
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.576

Abstract

A situation that is very unbalanced between consumers and business actors is a big potential that can lead to disputes between consumers and business actors. The government has issued laws that regulate consumer protection, in particular Law Number 8 of 1999 concerning Consumer Protection. The goal is to provide protection to consumers. This research is intended to: (1) to find out the role of the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes (2) to find out what are the obstacles faced by the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes. This research uses the type of empirical legal research, using a literature approach and research in the field. The sources of legal materials used are primary legal materials and secondary legal materials.The results of the study show that first, the Gorontalo City Consumer Dispute Settlement Agency (BPSK) has carried out its role, totaling 11 (eleven) of which is resolving consumer disputes in 3 (three) ways, namely mediation, conciliation and arbitration, opening consultations on consumer protection, if there is a violation the Consumer Protection Act (UUPK) the Consumer Dispute Settlement Agency (BPSK) is required to report to investigators, the Consumer Dispute Settlement Agency (BPSK) is required to receive complaints in writing or in writing, the Consumer Dispute Settlement Agency (BPSK) is tasked with conducting inspections and research related to consumer disputes, BPSK summons business actors suspected of violating the Consumer Protection Act (UUPK), the Consumer Dispute Settlement Agency (BPSK) has the right to present expert witnesses, witnesses or someone who is deemed to know of violations of the Consumer Protection Act (UUPK), examine the truth evidence, ascertaining whether or not there is a loss on the part of the consumer. The second research result is, What obstacles are faced by BPSK Gorontalo City in resolving Finance disputes in Gorotanlo City, these obstacles are divided into two parts, namely Internal and External. For internal ones, there is an inclusion of a standard clause, asking for help from investigators to summon business actors who do not want to attend invitations from the Gorontalo City Consumer Dispute Settlement Agency (BPSK), finally, financial constraints, namely the Gorontalo City Consumer Dispute Settlement Agency (BPSK) still cannot manage their funds in grants (self-managed).
Mekanisme Pembatalan Peraturan Desa dalam Tinjauan Konstitusi dan Peraturan Perundang-Undangan Samiah S; Fathorrahman Fathorrahman
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.577

Abstract

Village regulations are one of the many types and forms of statutory regulations. As part of legal products in the national legal system, regulations follow the regime of statutory regulations. In the statutory regime, the model for canceling a product that is considered contradictory is with various models. The model is regulated in the constitution, especially regulations whose hierarchy are under the law through the Supreme Court. Does the Perdes annulment model also follow this regime? In this study, the type of research used is normative-juridical with a statutory approach. From this study it can be concluded that the model for canceling village regulations is different from the cancellation regime in general. This is explicitly regulated in the Village Law. The cancellation was not through a court model, but by the agency above it, namely the regent.
Kualitas Pelayanan Publik Bidang Administrasi Dalam Perspektif Good Governance Rio Andika Setiawan; Wydha Mustika Maharani; Muhammad Nasyirudin
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.578

Abstract

The research conducted has the aim of knowing and seeking an overview of the quality of public services in the field of administration regarding the perspective of good governance in public services at the Rembang Village Office, Blitar City. Research conducted using qualitative methods with a case study research approach (case study). Data collection techniques were carried out using participatory observation methods, conducting interviews with selected informants and conducting literature studies and examining data sources from documents related to research. From all the data that has been collected, the researcher processes it using data collection, data condensation, data presentation (information display), and verification of research or conclusions, then the researcher checks the validity of the data using 1) Credibility test which consists of technical triangulation techniques, data source triangulation, time triangulation, 2) transferability tests in which researchers compile research reports by providing detailed, systematic, and reliable descriptions, 3) reliability tests are carried out through a series of audit processes by supervisors and, 4 ) Objectivity Test (Confirmability) in which the results of this study were tested through a series of examination processes carried out by the supervisor and the team of examiners through the final exam. Based on the results of the study, 1) the quality of public services in the administrative field at the Rembang Kelurahan Office is already good with evidence of the facilities, facilities and infrastructure provided by the Rembang Kelurahan Office being sufficient and supporting public services in public services at the office. In addition, professionalism, timeliness and speed in providing appropriate services are important factors regarding improving the quality of public services; 2) Administrative public services at the Rembang Village Office apply the principles of good governance, namely participation, rule of law, and transparency in public services by involving the community in all service activities, starting from the policy formulation stage to the evaluation level. This can improve the quality of public services and strengthen public trust in the government; 3) Supporting factors in public services in the field of administration at the Rembang Village Office, namely: a) adequate facilities and infrastructure; b) there is professionalism in providing services, as well as being responsive to customers, c) services that are in accordance with operational standards and are not complicated. While the inhibiting factors for public services at the Rembang Village Office are a) the lack of completeness of the requirements brought by the community; b) the public's lack of understanding of the requirements when applying for documents; c) the dissemination of information related to public services is still limited in order to improve public services through quality.
Perjanjian Kerja Waktu Tertentu (PKWT) Pasca Berlakunya Undang-Undang Cipta Kerja (Analisis PKWT PT. Radiant Utama) Fernanda Ryzkiansyah Herman; Nada Intan Soraya
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.579

Abstract

Work agreement for a certain period of time (PKWT) is one of the provisions that underwent changes after the enactment of the Cipta Kerja Law where there was a provision for compensation for PKWT workers and the PKWT period was changed to a maximum of 5 years. Thus, the purpose of this study is to find out how the implementation of PKWT in Radiant Utama Company and to find out about the company's responsibility to PKWT workers related to compensation after the Cipta Kerja law.This study uses a normative juridical method with a statutory approach and a conceptual approach. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The result of this research is the implementation of PKWT at PT. Radiant Utama, after the enactment of the Cipta Kerja Law, the implementation of the PKWT is in accordance with what is stipulated in the Cipta Kerja Law and Government Regulation Number 35 of 2021 concerning Work Agreements for a Certain Time. But PKWT at PT. Radiant Utama there are several weaknesses related to not being listed in the PKWT agreement regarding dispute resolution, the party representing the company PT. Radian in the PKWT agreement was represented by the Human Resources and General Affairs Dept. Head (HR & GA Dept. Head) as the first party. However, it was not explained based on a power of attorney from the Board of Directors of PT. Radiant and Inside.While related to corporate responsibility. then PT. Radiant Utama has carried out its responsibilities as a company to provide compensation as stipulated in Article 16 paragraph 1 of Government Regulation No. 35 of 2021 regarding the amount of compensation. Other company responsibilities that have been carried out are related to providing wages and benefits as well as the company's responsibility to provide Employment Insurance and Health Insurance.
Tinjauan Persaingan Usaha Dagang Antar Warung Kopi Tradisonal Dan Warung Kopi Modern Berdasarkan Undang Undang Nomor 5 Tahun 1999: (Studi Kasus, Warung Kopi Kape Kota Gorontalo) Mohamad Siddeq Husein Ischak; Mutia Ch Thalib; Julius T. Mandjo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.580

Abstract

This study aims to determine the causes of trade competition between traditional and modern coffee shops in the city of Gorontalo and to understand the forms of business competition between traditional and modern coffee shops in terms of Law No. 5 of 1999, based on the title raised in this study, researchers see whether business actors have implemented the law mentioned above. This study uses empirical methods. The data collection process examined by researchers in this study were primary data and secondary data. Data collection techniques that support and relate to this research are direct interviews, observation, documentation and literature study. The results of this study indicate that there are 2 (two) things that need attention, namely first, in the perspective of existing competition, the findings found by the author are more focused on the balanced form of coffee provided from the two types of Warkop in the realm of research, from various types The coffee that several Warkop are trying to offer actually has a tendency for collectors to try to manipulate the market, and in the future this will be seen as a form of unhealthy competition. Second, the form of monopoly that arises in business competition in the realm of research, is the reason for the author to investigate further in applying law number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition. If we look at article 13 regarding oligopsony and how business actors apply this law, it is clear that there is a geographical indication that is used by individuals to control the coffee because before the coffee is widely distributed, it must be recorded and directly purchased at a low price by these persons.
Tinjauan Hukum Terhadap Putusan Kasasi Mahkamah Agung Nomor 836K/PDT.SUS-HKI/2022 Mengenai Sengketa Merek Antara Starbucks Corporation Dan PT Sumatra Tobacco Trading Company Sania Akalila Putri Thahir; Rika Ratna Permata; Ranti Fauza Mayana
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.581

Abstract

The registration of trademarks with the “first to file” constitutive system, adopted by Indonesia, is often abused by trademark owners with malicious intent by first registering their trademarks that are similar to well-known trademarks, knowing that the well-known trademarks have not been registered in Indonesia. This was the case with the “Starbucks” trademark owned by Starbucks Corporation in Decision Number 836 K/Pdt.Sus-HKI/2022. Starbucks Corporation filed a lawsuit for the cancellation of “Starbucks” trademark in class 34 owned by Sumatra Tobacco Trading Company on the grounds of similarity to a well-known trademark for a different class and the malicious intent to exploit the reputation of the “Starbucks" trademark owned by Starbucks Corporation. The first lawsuit filed by Starbucks Corporation was rejected by the panel of judges, which led to Starbucks Corporation filing a cassation request. The research results indicates that the panel of judges in Decision Number 836 K/Pdt.Sus-HKI/2022 is in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The legal consequences for all parties involved in the trademark dispute after the decision are the cancellation of the "Starbucks" trademark owned by Sumatra Tobacco Trading Company from the General Register, the cessation of the use of the "Starbucks" trademark in class 34 by the cassation respondent, and the strengthening of the "Starbucks" trademark owned by the cassation applicant, with its status as a well-known trademark being affirmed.
Perlindungan Hukum Terhadap Notaris dari Pembuatan Akta Pernyataan Keputusan Rapat Terkait Notulen Rapat Umum Pemegang Saham Yang Dipalsukan Bambang Yudianto; Felicitas Sri Marniati; Putra Hutomo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.583

Abstract

Pursuant to Article 16 Paragraph (1) Letter a of Law Number 2 of 2014 Concerning the Position of Notary Public which emphasizes the obligation of a notary to act in a trustworthy, honest, thorough, independent, impartial and safeguarding the interests of the parties involved in legal actions, however in practice sometimes it is used by appearers by falsifying the minutes of the GMS so that the notary becomes the suspected perpetrator of a crime. The formulation of the problem in this study is what are the legal consequences of the deed of meeting decision statements related to the falsified GMS minutes. The method used in this research is normative juridical research in the form of library law materials or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is statutory, conceptual, analytical and case approaches as well as legal material analysis techniques carried out with systematic and grammatical legal interpretations. The results of the study show that the legal consequences of the deed of meeting decision regarding the falsified GMS minutes resulted in the deed becoming null and void and the aggrieved parties had to file a civil suit to the court to cancel the deed. In this case the notary cannot be held criminally responsible if a loss arises for one of the parties, because the deed is a partij acte which is entirely based on the statements and statements of the parties which are already in draft form, the notary only writes it into an authentic deed, so the minutes of the GMS are falsified be the responsibility of the appearers.

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