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Warkat
Published by Universitas Brawijaya
ISSN : 2775721     EISSN : 30259657     DOI : https://doi.org/10.21776/warkat
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Warkat is open access, double-blind peer-reviewed journal of Notary Science published by the Faculty of Law, Universitas Brawijaya biannual in June and December. Warkat is a forum for lecturers, researchers, and practitioners to publish research results or book review results. Realizing the global challenges and ever-increasing legal interaction among developing countries, Warkat also welcomes articles on legal development in the ASEAN region and the larger Global South. Warkat has a broad scope related to notarial science. Examples include civil law, criminal law, constitutional law, state administrative law, international law, Islamic law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 1 (2021): Juni" : 5 Documents clear
Kedudukan Bank dalam Perjanjian Kredit dengan Klausul Negative Pledge of Assets: Bank Position in Credit Agreements with Negative Pledge of Assets Clauses Tjahjono, Monica
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.3

Abstract

Development is one of the important pillars in the economy and business financing is one of its sources. When applying for a loan, debtors are generally required to collateralize assets to guarantee to creditors that they are able to pay off their debts. With this guarantee, a creditor becomes a separatist creditor. However, there is also the concept of negative pledge of assets, where debtors do not need to pledge their assets. However, in financing businesses, banks must always apply prudential principles, including the 5C principle, which requires collateral. This research was conducted to determine the position of creditors when bound by credit agreements that use the Negative Pledge of Assets clause, as well as to find solutions for implementing the Negative Pledge of Assets clause that can fulfill the precautionary principle. Juridical normative research is used in this research accompanied by a statutory approach and a conceptual approach. Although the Negative Pledge of Assets clause can be used in the practice of granting credit agreements, there are no regulations that specifically regulate the use of this clause. Creditors who are bound by a credit agreement with a Negative Pledge of Assets clause will become concurrent creditors and in the event of bankruptcy of the debtor, repayment of the debt will be carried out proportionally in accordance with the provisions of Article 1132 of the Civil Code. However, there are several clauses that can be used in conjunction with the Negative Pledge of Assets clause in addition to the prohibitory provisions for guaranteeing debt repayment. This clause is a clause that requires creditor permission before the debtor submits a new credit application as well as an Automatic Crystallization clause.
Kebijakan Pembatasan Kepemilikan Tanah Non-Pertanian oleh Perorangan Untuk Menyelesaikan Ketimpangan Kepemilikan Tanah yang Berkeadilan: Policy for Restricting Non-Agricultural Land Ownership by Individuals to Resolve Inequalities in Fair Land Ownership Silviana, Ana; Emha, Zidney Ilma Fazaada
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.1

Abstract

Until now there are no regulations governing the maximum limit of land ownership, especially non-agricultural, so that there is increasing inequality in land ownership. This research aims to determine and analyze the causes of inequality in land ownership and the policies implemented in setting maximum limits on non-agricultural land ownership for individuals. The method used is socio-legal research, namely a legal research method that attempts to see the law in a real sense or examine how the law works in society. Research data was taken from field research with official sources within the Central Java BPN Regional Office, Semarang City and Semarang Regency Land Offices as well as literature study research using legal materials, which were then analyzed qualitatively using inductive methods. The results show that inequality in land ownership will continue to occur as long as there is no legal certainty governing non-agricultural land ownership limits, so far it has only been in the form of internal administrative regulations. In order to realize a land policy for social welfare and justice, it is necessary to immediately issue regulations regarding restrictions on non-agricultural land ownership in the form of a law.
Klausula Boiler Plate dalam Pembuatan Kontrak Dagang Internasional: Boilerplate Clauses in Making International Trade Contracts Widhiyanti, Hanif Nur
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.2

Abstract

In an international trade contract, the parties are bound by different legal provisions, different languages and also different customs and cultures. This condition creates a big risk in implementing the substance of the contract. To anticipate this risk, there are several steps that can be taken by the parties in terms of arranging and creating the contents of their contracts. This article will discuss the part of the contract that is often regulated in international trade contracts, called the boiler plate clause. This article is the result of normative research, both related to national legal norms, namely the Civil Code, Uniform law and examples of international trade contracts. A contract is a mechanism for expressing all the wishes of the parties agreed to by other parties. In current developments, contract clauses are no longer just the essentials of the agreement. There are other clauses which have the function of further clarifying how the contract must be interpreted and as an effort to cover all opportunities for contract failure, including what are called boilerplate clauses. In the practice of making international trade contracts, there are several substances that need to be regulated in boilerplate clauses, including choice of law provisions, choice of forum provisions, language provisions, severability provisions, integration provisions, notices provisions, force majeure provisions, duration of contract provisions, obligation after termination provision.
Pelaksanaan Perlindungan Hukum Usaha Mikro Kecil dan Menengah Berbasis Perjanjian Kemitraan untuk Meningkatkan Daya Saing dalam Era Ekonomi Global (Studi di Sentra Industri Keripik Tempe dan Keramik Dinoyo): Implementation of Legal Protection for Micro, Small and Medium Enterprises Based on Partnership Agreements to Increase Competitiveness in the Global Economic Era (Study at the Dinoyo Tempe Chips and Ceramics Industrial Center) Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.4

Abstract

MSMEs have an important step in supporting the improvement of the Indonesian people's economy, especially in terms of business opportunities and employment opportunities. Malang City is famous for its tourism and education sectors where MSMEs are an inseparable part of the economic activities of the Malang community. Malang City has several MSME industrial centers. This research examines the form of partnership agreement between the sanan tempeh chips and dinoyo ceramics industry center with large business partners in Malang City and hotels in Malang City. Researchers analyze the implementation of legal protection in partnership agreements in Malang City and analyze the fulfillment of the principles of fair partnership agreements. For this reason, in this paper the problem that will be studied is: How is the analysis of partnership agreements between MSMEs and large businesses in Malang City, and how is legal protection implemented for Partnership-based MSMEs in Malang City? This article is based on empirical juridical research with a Sociological Juridical approach which produces an analysis that: The implementation of the Partnership agreement in Malang City has not been carried out effectively which is contrary to the rules in Government Regulation Number 17 of 2013 where the concept, form of agreement and terms of partnership are not partnerships as stated in which has been mandated by law. A true partnership must be accompanied by a program of empowerment and assistance for large business actors towards small business actors. Meanwhile, large business actors themselves have a tendency not to carry out partnerships as they should. Implementation of legal protection and implementation of supervision over partnership agreements in Malang City is also still not running effectively due to overlapping authority.
Perjanjian Buruh Pati Antara Pengusaha dengan Buruh dalam Konteks Omnimbus Law: Pati Labor Agreement between Employers and Workers in the Context of Omnibus Law Permadi, Sandro Wahyu; Krismawan, Deny Andreas
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.5

Abstract

The world economy moves based on human needs and the system of organization within a space of countries. The economy cannot escape business activities that arise from the processing of raw materials into ready-to-use materials. There is often overlap between employers and workers regarding agreements given by companies to their employees which are one-sided and do not provide a portion of human rights. This research aims to analyze the protection of workers' rights and obligations in employment based on the Omnimbus law perspective and the extent of the effectiveness of the implementation of the Omnimbus law on the Labor Law. This research uses normative research methods with a statutory approach and an analytical approach. The results obtained from this research are that the work copyright omnimbus does not provide guarantees for the protection of the rights and obligations of workers so that many workers' rights are not fulfilled and protected. Then the implementation of the work copyright omnimbus law is less effective in providing protection for workers and laborers, so a change is needed in regulations based on progressive law that pays attention to the structure, substance and culture of a regulation so as to provide maximum benefits for employers, workers and the government.

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