cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Zora Febriena Dwithia H.P
Contact Email
zorafebrienadhp@ub.ac.id
Phone
+62341-553898
Journal Mail Official
warkat@ub.ac.id
Editorial Address
Faculty of Law Universitas Brawijaya MT. Haryono Road Number 169, Malang, East Java - Indonesia Postalcode: 65145
Location
Kota malang,
Jawa timur
INDONESIA
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. 3 No. 1 (2023): Juni" : 5 Documents clear
Analisis Yuridis Terhadap Keabsahan Perjanjian Investasi Dalam Transaksi Initial Coin Offering (ICO) Berdasarkan Pasal 1320 Kitab Undang-Undang Hukum Perdata: Juridical Analysis of Validity of Investment Agreement in Initial Coin Offering (ICO) according to Article 1320 of Civil Law Hashifah, Adinda Salwa; Sulistyarini, Rachmi; Ganindha, Ranitya
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.4

Abstract

Initial coin offering (henceforth referred to as ICO) as one of the investment developments in the digital era has left legal loopholes over the execution of the ICO in Indonesia, coupled with the emergence of cryptocurrency. This research aims to analyze the validity of an investment agreement on the ICO using cryptocurrency as a payment method along with its legal consequences. With normative-juridical methods, the research results have found out the agreement of the ICO is deemed unlawful according to Article 1320 of the Civil Code due to the clause contravening the legislation, leading to the failure of the fulfillment of the halal clause. Thus, the agreement is deemed to be void ab initio or simply inexistent. Due to the absence of the regulatory provision regulating the ICO, the investors involved could file a lawsuit over the violation harming the parties running the ICO. Thus, it is important to formulate regulatory provisions concerning the ICO in Indonesia that set forth the measures taken to provide legal protection for the aggrieved inventors due to the void ab initio agreement. These regulatory provisions are expected to avert any ICO-related problems as stated above.
Hambatan Pelaksanaan Hasil Mediasi Antara Pengembang Perumahan Di Yogyakarta Dan Konsumen: Hindrance To Implementation Of The Results Of The Mediation Between Housing Developer And Consumers Salsabila, Shindy Nabila; Sulistyarini, Rachmi; Riskawati, Shanti
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.1

Abstract

This research studies the hindrance to the implementation of the result of mediation between a housing developer and consumers facilitated by the Ombudsman of the Special Region of Yogyakarta. This case has been handled by the ombudsman since early 2019, while the agreement outlined in the memorandum of understanding fails to be implemented. Article 6 paragraph (6) and Article 6 Paragraph (7) of Law Number 30 of 1999 concerning Dispute Resolution Arbitration and Alternative (UU APS) has set a provision implying that mediation is implemented within 30 days, and this provision is outlined in a written agreement which is binding and final to all parties who are required to enforce this provision with good faith. This mediation is to be registered to a local District Court. However, there are two impeding factors such as procedural and substantive matters. The procedural matters are related to the absence of the basis of the law that states that the ombudsman complies with UU APS regarding the mediation. On the other hand, substantive factors are triggered by insufficient funds owned by the developer, the dominant bargaining position possessed by a consumer, and lack of understanding of the parties involved in the dispute regarding the legal principles and limited role of mediators.
Keabsahan Penerbitan Sertipikat Tanah Hak Milik Kepada Anak Dibawah Umur: Validity of Freehold Title Issuance to Minor by Land Agency in Bojonegoro Sudarsono, Leananda Ayu; Istislam; Cahyandari, Dewi
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.2

Abstract

This research aims to analyze property rights certificates issued by the land office based on land law. The land office will issue title certificates number 571 and 671 to minors. Issuance of property rights certificates is carried out in the Complete Systematic Land Registration program, where the applicant is a minor without attaching a guardianship determination letter from the court. This creates legal uncertainty because one of the requirements for carrying out legal actions is being legally competent (adult). Adulthood in the Civil Code is twenty-one years. This research uses normative legal methods to analyze land registration regulations and maturity as well. As a result of the research, the author obtained the result that the issuance of land certificates to minors by the Bojonegoro land office must be considered valid before there is another decision stating otherwise. However, from a procedural perspective, it is not in accordance with statutory regulations and AUPB principles, namely the principle of legal certainty and the principle of accuracy. The legal consequence of issuing a certificate of ownership to a minor by the Bojonegoro land office is that the certificate is valid and valid.
Status Hukum Privatisasi Anak Perusahaan Badan Usaha Milik Negara Di Bidang Usaha Sumber Daya Alam (Perkara Nomor 61/PUU-XVIII/2020): The Legal Standing Regarding Privatization Of Subsidiary Of State-Owned Enterprises In Natural Resources (A Juridical Analysis of the Case Number 61/PUU-XVIII/2020) Nugroho, Hayyu Rahmanda Adi; Dewantara, Reka; Suwardiyati, Rumi
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.5

Abstract

This research departs from the regulatory provisions regarding privatization of a subsidiary under State-owned Enterprises that are deemed to have a legal loophole that may lead to multiinterpretations because the existing regulation has not specifically governed this matter. Privatization of the subsidiary as mentioned above is intended to give legal protection to the members of the public in line with the statement ‘natural resources are controlled by the state for the benefits of the people’. With normative-juridical methods, statutory, case, and analytical approaches, this research aims to investigate whether the subsidiary under the State-owned Enterprises can be privatized by the Government and how the synchronization of the regulation governing privatization towards the State-owned Enterprises in natural resources is performed. The primary and secondary materials were analyzed using the library technique. The analysis referred to the A Contrario argumentative technique and systematic interpretation technique. This research concludes that the subsidiary under the state-owned Enterprises can be privatized as long as it does not deactivate the authority of the state to control the subsidiary to ensure that this approach is not deviating from the objective to bring the welfare to the people. Not only can the concept of the control of the state be seen based on private ownership but it may also involve policies, administration, regulation, management, and supervision for the welfare of all people.
Perlindungan Hukum Lisensi Hak Cipta Lagu dan Musik Daerah Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Dan Konvensi Bern: Legal Protection of Copyright Licences for Regional Songs and Music Based on Law Number 28 of 2014 Concerning Copyright and the Bern Convention Widyanti, Yenny Eta
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.3

Abstract

This paper analyzes legal issues regarding the legal protection for folk song and music licenses in Indonesia. Indonesia which has cultural diversity is expressed through several folk songs whose creators are anonymous, so they are very susceptible to being changed, re-performed in a way that is inconsistent with the values ​​that live in society and even claimed by irresponsible foreigners. This research is a normative legal research, using a statutory approach. Based on primary and secondary legal materials, then the results of the research show that the copyright of folk songs and music is a protected object in article 40 of Law Number 28 of 2014 concerning Copyright (Copyright Law), and folk songs and music whose creators are anonymous is regulated in Article 38 and Article 39 of Copyright Law. In the Berne Convention folk songs and music whose authors are anonymous are protected in Article 15 Paragraph (4.a) which regulates the protection of unpublished works, and anonymous authors from participating countries of the Berne Convention.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 5 No. 2 (2025): Desember Vol. 5 No. 1 (2025): Juni Vol. 4 No. 2 (2024): Desember Vol. 4 No. 1 (2024): Juni Vol. 3 No. 2 (2023): Desember Vol. 3 No. 1 (2023): Juni Vol. 2 No. 2 (2022): Desember Vol. 2 No. 1 (2022): Juni Vol. 1 No. 2 (2021): Desember Vol. 1 No. 1 (2021): Juni