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 50 Documents
 1   2   3   4   5 
Penerapan Pasal 8 Ayat 1 Huruf (F) Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terkait Iklan Penjualan Kavling Tanah di Kota Malang: Implementation Of Article 8 Paragraph 1 Point (F) Of Law Number 8 Of 1999 Concerning Consumer Protection In The Sale Of Land Plots In Malang City Finishia, Arsella; Yuliati; Wicaksono, Setiawan
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.3

Abstract

This research aims to observe the rising trend of the sale of land plots that disadvantages consumers by studying the implementation of Article 8 Paragraph 1 Point F of Law Number 8 of 1999 concerning Consumer Protection regarding the sale of land plots in Malang city. This research is categorized as empirical-juridical methods that directly observed the objects concerned. The research results conclude that Article 8 Point F is not appropriately implemented in terms of the principles of advertisements for land plots, while informative and appropriate advertisements are paramount. Some impeding factors were also found such as the lack of empowerment, promotion, and awareness of the consumers and business people. Facilitating dispute resolution for the consumers can be taken as a measure through Consumer Dispute Resolution Agency and a special program to control advertisements for housing.
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.
Perlindungan Hukum Terhadap Konsumen Pre Project Selling Perusahaan Pengembang Properti Yang Dinyatakan Pailit: Legal Protection Of Pre-Project Selling Consumers Of Property Development Company Declared Bankrupt Muniefiy, Nawal Zidan El; Santoso, Budi; Ganindha, Ranitya
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.4

Abstract

Pre-Project Selling consumers are in the weakest position in bankruptcy, because in addition to being the last creditor, consumers also cannot be said to be the owner if there is no AJB. The Curator's action to put the apartment building into bankruptcy is in accordance with the provisions of the law. Legal protection involves both preventing and repressive protections. In terms of preventive action, the sale and purchase agreement (PPJB) legally made according to Article 1338 of Civil Law serves as the law governing all parties in the contract. The PPJB which is binding to both consumers and business people sets forth rights and obligations that both have to understand. The rights of the consumers involve receiving the house as the object within the time as agreed upon. Moreover, the law requires the business people to run the business in good faith. The parties responsible to provide goods and/or services according to the orders made must not break the terms set out in a contract and must provide redress. This redress consists of that given through commercial court, consumer redress according to the position as concurrent creditors, or redress of the company through civil lawsuits. Law concerning bankruptcy and Consumer Protection Law have different solutions, but these two laws affect each other and are connected when a property company is declared bankrupt.
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.
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 Yuridis Pembatasan Pemberian Hak Milik Atas Tanah Untuk Rumah Tinggal: Juridical Analysis of Limiting Land Size for Residential Housing Fitriana, Dina; Herlindah; Wicaksono, Setiawan
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.1

Abstract

The restriction of the land size for residential housing is intended to prevent any piling up lands for certain people as in line with Articles 7 and 17 of Basic Agrarian Law (UUPA) which are further highlighted in Government Regulation according to Article 12 of Government Regulation in Lieu of Law Number 56 of 1960. However, there are no regulations governing the limitation of land size in place. More specific regulations regarding the right to land are outlined in the Decree of Agrarian Minister/the Head of National Land Agency Number 6 of 1998 concerning Grant of Right to Land for Residential Housing. The regulatory provisions highlight the restriction of the land size requested for residential housing and the land size that applicants can own, but it is only restricted to the applicants or for extended rights. The Decree of Agrarian Minister/the Head of National Land Agency Number 6 1998 does not seem to give a solution to what has been mandated in ownership or right restriction of non-agricultural lands, which is to be regulated in Government Regulation. Departing from the issue above, this research aims to study the grant of the right to land for residential housing by conducting a juridical analysis. This research use normative methods to analyze land ownership limitation and land registration.
Pengaturan Dan Penerapan Surat Izin Membuka Tanah Negara Sebagai Syarat Pendaftaran Hak Atas Tanah di Kota Balikpapan: Regulation and Implementation of Issuing a Permit to open a State Land as a Requirement to Register the Right to Land in Balikpapan City Rahmatika, Nur Auliya; Qurbani, Indah Dwi; Cahyandari, Dewi
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.2

Abstract

This research departs from the Regional Regulation of Balikpapan City Number 1 of 2014 concerning the Permit to open a State Land while the permit is required as proof of land ownership to register the right to land in Balikpapan city. A stamp statement of the land concerned can be used as proof of land ownership for the registration mentioned above. Based on the above issue, this research aims to investigate the problems regarding (1) the regulation of the provision of the permit used to open a state land as a requirement to register the right to land in Balikpapan city and (2) the implementation of the permit used to open a state land as a requirement to register the right to land in Balikpapan city. This research employed socio-legal and socio-juridical methods and took place in Balikpapan as the first city to put the regulation in place regarding the permit mentioned above as a requirement to register the right to land as governed in a Regional Regulation. His research reveals that the Regional Government of Balikpapan City holds the authority to enforce this regulation according to Law Number 23 of 2014 concerning the Regional Government. The implementation of this permit to open a state land as the proof of land ownership in the registration of the right to land in Balikpapan has not been efficient, while people can still refer to the stamp statement to replace this permit document. Therefore, this research suggests that adjustments regarding the regulation be made to assure legal certainty for the people of Balikpapan.
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.
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.
Model Perwujudan Good Faith (Asas Itikad Baik) Dalam Pemberantasan Mafia Tanah Terhadap Peralihan dan Pendaftaran Hak Atas Tanah Di Indonesia: A Model for the Realisation of Good Faith in the Eradication of the Land Mafia on the Transfer and Registration of Land Rights in Indonesia Laila, Fathul
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.5

Abstract

Land actually provides a peaceful place where humans are born, live their lives, until they die and are buried together with nature, but land can have a winding history with all the tragic dramas and euphoria including the drama of land seizures both among individual communities and forced seizures by the State in terms of stripping property rights, land expropriation or land dispossession, as well as forced seizures, namely unilateral recognition of land, land appropriation where all become life dramas that flow blood and tears. The purpose of this research is to analyze the model of the realization of good faith in the eradication of the land mafia against the transfer and registration of land rights in Indonesia. The model of handling crimes in the land sector, especially related to the rise of the land mafia, can be done preventively and repressively in which the handling requires cooperation with various parties including the Police (Anti Land Mafia Task Force), the Attorney General's Office, the Supreme Court, the Judicial Commission, and others. It takes a deep awareness and a noble inner attitude and must always be held firmly by all stake holders as an effort to create a high moral attitude, avoid despicable acts, uphold the values of honesty, truth, and justice in order to realize the guarantee of legal certainty that is fair to land rights throughout the territory of the Republic of Indonesia so that the essence of good faith in the transfer and registration of land rights is interpreted as providing protection for the values to be maintained by the laws and regulations in contractual relations due to the legal act of transferring rights / transferring land rights before PPAT.

Page 3 of 5 | Total Record : 50

 1   2   3   4   5 

Filter by Year

2021 2025


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