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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. 2 (2021): Desember" : 5 Documents clear
PERTIMBANGAN PEMBERIAN PENGURANGAN PAJAK BPHTB PADA PANDEMI COVID-19 Raja Mohamad Rozi; Nisya
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.3

Abstract

Tax is an obligatory contribution of the people to the state which functions to finance all public interests, including finance development to aims for the welfare of the people. The current condition of the Covid 19 pandemic provides a responsive idea to provide taxpayers with “relief” as regulated in Governor Regulation Number 103 of 2011 concerning Granting of Deductions, Relief and Exemption of Duty on Acquiring Rights on Land and Buildings (BPHTB). Pro contra arise in relation to criteria issue for granting relief conflicting regulations with the legal concept of the phrase "economic and / or financial crisis and natural disasters", as stipulated in the provisions of Article 3 paragraph (1), (2) points a and b as well as paragraph (3). In this regard, this article will discuss several things, including: How is the provision of tax breaks in certain circumstances such as "economic and / or financial crisis and natural disasters"? From the results of the discussion, severalthings were found: (1) The argument which is alleged to be the legal reason for not granting relief is derived from the “tax debt write-off doctrine” where that doctrine has been normalized in Article 1381 of the Civil Code; (2) The provisions of Article 3 paragraph (1) and paragraph (2) points a and b The phrase "economic and / or financial crises and natural disasters" regulate different customs, so that the pandemic-19 variable is not regulated in the two articles as a natural disaster. which caused theeconomic crisis, meaning that there was a lack of rules; and paragraph (3) The governor has the authority to regulate and interpret the situation.
Analisis Yuridis Asas Keseimbangan dalam Klausula Baku Aplikasi Shopee: Juridical Analysis of the Principle of Balance in the Standard Clauses of the Shopee Application Olivia Nabila Sambas; Setiawan Wicaksono; Prawatya Ido Nurhayati
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.4

Abstract

This research aims to find out the standard clauses in the Shopee application service conditions that fulfill the principle of balance in contract law. The principle of balance requires that the parties to an agreement have an equal position in having rights and carrying out obligations. However, in practice, especially the inclusion of standard clauses implemented between Shopee and traders does not fulfill the principle of balance. This is due to the unequal position between Shopee and traders where Shopee has an economic advantage which is marked by Shopee's existence as one of the largest marketplaces in Indonesia and the most sought after by traders to offer their products. On the other hand, traders are positioned as weak parties in the agreement because the take it or leave it principle applies. The clause that attracts the author's attention is the clause that states the user's submission to any additional rules that apply in the future and are determined unilaterally by Shopee. One example is Shopee's action of automatically including merchants in the Free Shipping program, where the included merchants do not necessarily want to take part in the program because there are other costs that must be incurred. These unilateral decisions then bring various material losses to traders. This type of research is normative juridical using a statutory approach method by means of literature study to collect information regarding standard clauses and the principle of balance. The data analysis used by the author is a systematic interpretation carried out by interpreting the law as a unified system. Based on the results of this research, it can be seen that the standard clauses in Shopee's terms of service do not fulfill the principle of balance both in terms of forming and implementing the agreement.
Pengaturan Perizinan Berusaha Pemerintah Kota Batam Sebelum dan Sesudah UU Cipta Kerja: Batam City Government Business Licensing Arrangements Before and After the Job Creation Law Shinta Pangesti
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.5

Abstract

In the new normal era, the impact of the Covid-19 pandemic is still very much felt, especially in the economic sector. In line with the investment recovery agenda in Indonesia, the Government has taken steps to simplify regulations, one of which is in managing business permits as mandated by the Job Creation Law and its implementing regulations. In order to obtain a comparison of business licensing arrangements in Batam City before and after the enactment of the Job Creation Law, the author examines how business licensing arrangements in Batam City are reviewed from the Mayor of Batam No. 40/2020 jo. Batam Mayor Regulation no. 56/2020 jis. Job Creation Law jo. PP No. 5/2021 jo. PP No. 6/2021? This research is normative legal research using primary, secondary and non-legal legal materials. Because the new Batam mayoral regulations regarding business licensing have not yet been established, the existing old provisions remain in effect as long as they have not been revoked. Adjustment of mayor regulations to the provisions in PP no. 5/2021 jo. PP No. 6/2021 needs to be implemented immediately to realize legal certainty in business licensing.
REFORMA AGRARIA ANTARA HARAPAN DAN REALITA Zaidar
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.1

Abstract

Indonesian Constitutional Law stated in Article 33 paragraph (3) concerning the use of Land, natural resources which controlling by the State in order to achieve the greatest prosperity for the whole citizens. These basic values require the fulfillment of people's rights to be able to access various agrarian resources. In reality, what was expected (das sein) has not been realized. Many problems iii land have not been resolved until now. Control and ownership of extensive land for some people (owner of capital)resulted in the marginalization of community rights, resulting in social conflicts, which in the end, in a matter of time, the impoverishment process occurred. This condition indicates that there is no justice and welfare for the people. The regulation of agrarian resources and ignores the Basic Agrarian Law (UUPA) tends to side with the owners of capital. Various irregularities with the UUPA, as well as the absence of the concept of the Right to Control the state asdesired by Article 33 Paragraph (3) of the 1945 Constitution, have prompted the birth of the People's Consultative Assembly Decree. No. IX of 2001 concerning Agrarian Reform and Natural Resource Management, it is unfortunate that Agrarian Reform which is expected to date has not been fullyrealized.
REFORMA AGRARIA DI BIDANG TANAH PERCATON Umi Supraptiningsih
Warkat Vol. 1 No. 2 (2021): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n2.2

Abstract

The loss of Village treasure land (tanah kas desa) known as Percaton becomes a severe concern. Percaton land is lost or has been converted its ownership because an application has been submitted. Regarding this, the land is considered either as state land or transferred to another party. Percaton land is part of the village treasury land, which is used for the welfare of the village, including the village head and the officials. In line with this, this paper aims to explore the Agrarian Reform in terms of village treasure land protection. It was based on the finding of the study that implementing qualitative research design. The data was obtained by conducting interviews, observation, and documentation (which is taken from news and jurisprudence). The finding revealed that the loss and the release of Percaton (the transfer of ownership) were happened because of the system that can provide legalcertainty. The parties who are supposed to protect and be responsible for the existence of village treasury lands, in fact, make the village treasury lands unable to function which is in accordance with the purpose of the village treasury lands. The followings are some reasons why the ownership of Percatonis lost and transferred to other parties. First, the management ofpercatonland –the land managed by the head of the village and the officials during their tenure-is complicated because they have notyet wholeheartedly and voluntarily surrendered the percaton land to their successor (the next leaders). Second, an independent and effective government monitoring and evaluation of the management of Percaton lands has not been implemented yet. The monitoring and assessment should be based on article 112 jo article 115 point g of the Village Law No. 11 of 2014 are carried out by the city/ regency government vertically and Village Consultative Agency horizontally.

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