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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
 1 
Search results for , issue "Vol. 2 No. 2 (2022): Desember" : 5 Documents clear
Batasan Kewenangan Otoritas Jasa Keuangan Terhadap Lembaga Keuangan Mikro Berbentuk Badan Hukum Koperasi Simpan Pinjam dalam Hal Terjadi Gagal Bayar: Limitations of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Savings and Loans Cooperative Legal Entities in the Event of Default Tobing, Dwinoven Lumban; Dewantara, Reka; Wicaksono, Setiawan
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.1

Abstract

The rapidly increasing growth of the Indonesian economy has influenced the monetary system in State Financial Institutions, especially institutions operating in the financial services sector which provide services to the public in collecting funds. The independent institution that is responsible for providing supervision and regulation in the financial services sector is the Financial Services Authority so that this regulation will be discussed by the author in his research regarding the Limits of the Financial Services Authority's Authority on Microfinance Institutions in the Form of Cooperative Legal Entities in the Event of Default and whether the OJK can provide legal protection in overcoming these problems as an independent institution operating in the financial services sector. This research is normative juridical legal research by examining and approaching various legal rules that regulate the existence of regulations regarding the authority possessed by the OJK using a case approach that occurred in the Indosurya Cipta Savings and Loans Cooperative which experienced a state of default. OJK has the authority to grant business permits to MFIs before carrying out their business activities and carry out guidance, regulation and supervision of MFIs as contained in the provisions of Law Number 1 of 2013 concerning Microfinance Institutions. This regulation gives authority to the OJK in licensing, regulating and supervising MFIs where the establishment of an MFI with a Cooperative legal entity consists of establishing and ratifying a Cooperative legal entity by the Ministry of Cooperatives and Small and Medium Enterprises as well as submitting an MFI business application to the OJK. OJK's authority over MFIs in the form of cooperative legal entities is in line with the system of delegation of authority by the Ministry of Cooperatives and SMEs, Regency/City Regional Governments, and OJK.
Upaya Perlindungan Tanah Pertanian Terdampak Ganti Rugi Akibat Pengadaan Tanah Untuk Kepentingan Umum (Studi Kasus: Yogyakarta International Airport) Aiska, Gitta Sabilla; Koeswahyono, Imam; Nurhayati, Prawatya Ido
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.2

Abstract

This research aims to study the protection of agricultural lands regarding land procurement and airport development that has taken place since the issuance of the Decree of the Governor of Yogyakarta Number 68/KEP/2015 on 31 March 2015. This has left impacts on some farmers who have lands, sharecroppers, and peasants. On the other hand, Article 36 of Law Number 2 of 2012 concerning land procurement for the development of public facilities states that compensation can be given in the form of a. money, b. substituting land; c. substituting residence; d, share ownership; or e, another form of compensation agreed by the two parties. This does not ensure that the right holders can freely choose the form of compensation needed. This research employed empirical and socio-juridical methods involving direct observation to gain data that revealed the impacts and measures of protecting agricultural lands. The data were obtained by conducting interviews with Regional Land and Spatial Planning Agency, National Land Agency, the sub-district office, and affected farmers. The data were analyzed based on descriptive qualitative methods, revealing that the measures taken to protect agricultural lands in the case of giving compensation in land procurement for public facilities are not appropriately implemented. This is obvious in the observation results, reporting that the compensation given still leaves impacts on the farming community.
Pengaturan Mekanisme Gugatan Derivatif Oleh Pemegang Saham Sebagai Upaya Perlindungan Perseroan Terbatas Terhadap Perbuatan Direksi Yang Merugikan Yusro, Mochammad Abizar; Sihabudin; Kusumadewi, Amelia Sri
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.5

Abstract

This research studies the issue regarding the urging regulation of the mechanism of derivative action performed by a shareholder as a measure to protect a limited liability company from any disadvantaging conduct done by the company director, which is only governed in one article in Law Number 40 of 2007 concerning Limited Liability Company, and there is no specific regulation concerning trial procedures at court. The legal issue regarding the norm incompleteness serves as the basis of this study. This study employed normative law research, statutory, and conceptual approaches. Primary secondary, and tertiary legal materials were analyzed using descriptive analyses, grammatical, systematic, and teleological interpretations. These interpretation techniques aim to identify and determine the content and the meaning of the legal provision regarding the regulation of the derivative action mechanism by a shareholder to protect the company from the advantaging director. This study delved into the answer to this problem through several perspectives such as philosophical, juridical, sociological, economic, and historical perspectives. This study also delved into the logical fallacy commonly happening in earlier studies on derivative action and elaborates on the liability of the director regarding his/her disadvantaging action, while the director is given the fiduciary duty to take care of the company. This liability is also seen from fiduciary parameters such as the duty of good faith, the duty of loyalty, and the duty of care andseveral corporate doctrines such as piercing of the corporate veil, ultra vires, and self-dealing. The derivative action as the liability held by the director is believed to facilitate recovery and provide compensation for the company.
Perjanjian Baku Pembiayaan Murabahah Perbankan Syariah Indonesia Hamidah, Siti; Sukarmi; Yuliati; Suwardiyati, Rumi
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.4

Abstract

Buying and selling products with murabahah contracts are ranked first in financing practices in Indonesian sharia banks but receive particular attention regarding conformity with sharia principles and the position of consumers from a consumer protection perspective. In the framework of realizing "implementation and development of risk management, prudential principles, good corporate governance & sharia compliance" as well as encouraging the creation of a regulatory union, contract standards, products and transactions, in accordance with the recommendations of the Islamic Finance Service Board (IFSB), a study is needed to analyze the suitability of murabahah financing agreements in sharia banking in Indonesia with Islamic law and positive law. Through legal research, a study was carried out on Indonesian sharia banking murabahah contracts based on the legal principles that should be the basis. From the results of the analysis of murabahah financing contract clauses, there are several clauses that do not comply with Islamic law and positive law (Consumer Protection law and Civil law), including those relating to down payments (urbun), actions when customers are in trouble, as well as promising something that is uncertain. For the future. Likewise, based on the Consumer Protection Law, it does not support the creation of consumer protection which contains elements of legal certainty and information disclosure as well as access to information (Article 3 (d) UUPK). Apart from that, it also conflicts with consumer rights as regulated in Article 4 UUPK.
Analisis Peraturan Menteri Pembangunan Umum dan Perumahan Rakyat No. 1 Tahun 2017 Tentang Tata Cara Pelaksanaan Pengadaaan Badan Usaha Untuk Pengusahaan Jalan Tol Terhadap Prinsip Persaingan Usaha Yang Sehat Zunov, Farahannesa; Sukarmi; Alam, Moch. Zairul
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.3

Abstract

This research aims to analyze the implementation of fair business competition in the provision of Regulation of the Minister of Public and Housing Development Number 1 of 2017 concerning the Procedures of the Procurement of Legal Entity in a Highway Toll Project (henceforth referred to as Ministerial Regulation) by analyzing the implementation of fair business competition principle in an auction service of a business entity as governed in the Ministerial Regulation and the provision of the agreement regarding the highway toll project procurement that may take up to 50 years, and this period can be extended. However, there have not been any standards of business entity in terms of how this agreement is extended and any standards that set the maximum period of the extension. That is, this research investigates whether the extension period without any strict deadline complies with the substantive aspect of Law Number 5 of 1999 concerning the Ban on Monopolistic and Unfair Business Competition Practices.

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