Perkara: Jurnal Ilmu Hukum Dan Politik
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
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<![CDATA[Sanksi Hukum Terhadap Perseroan Terbatas yang Tidak Berbadan Hukum ]]>
<![CDATA[Nurdini Dwi Septi]]>;
<![CDATA[Alfina Damayanti]]>;
<![CDATA[Sumriyah Sumriyah]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1604
<![CDATA[A limited liability company (PT) is a legal entity that is generally used to run business in various countries. The process of establishing a PT involves steps such as determining the company name, preparing articles of association, and registration with a n authorized legal entity. After establishment, shareholders play a role in determining Company policy through general shareholder meetings (GMS) and electing the board of directors. The purpose of this research is to find out the conditions for establishing a PT in Indonesia and what legal sanctions there are for PTs that do not have legal principles.]]>
<![CDATA[Tinjauan Yuridis Terhadap Perusahaan Yang Tidak Menjalankan Tanggung Jawab Sosial Perusahaan (CSR) ]]>
<![CDATA[Cristian Genhart Sirait]]>;
<![CDATA[Mohammad Reza As Syafi]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1606
<![CDATA[CSR or corporate social responsibility is an important aspect that was born as a form of corporate responsibility towards social aspects, which includes economic and environmental responsibility. In Indonesia, every company in Indonesia which operates in the field of natural resources is obliged to carry out Social and Environmental Responsibility in accordance with the provisions of Article 74 of Law No. 40 of 2007 which regulates that companies which carry out their business activities in the field and/or related to natural resources are obliged to carry out Responsibility. Social and Environmental Responsibility, Social Responsibility is the Company's obligation which is budgeted and calculated as company costs, the implementation of which is carried out by paying attention to propriety and fairness. Companies that do not carry out social responsibility will be subject to sanctions in accordance with statutory provisions. This research uses normative legal research. This research method is legal research carried out by examining library materials or secondary data. Regulation of obligations for companies in carrying out social responsibility has been regulated in many statutory regulations, however there are still many problems in terms of implementation, due to the lack of clarity regarding the rules regarding sanctions which has led to multiple interpretations. Therefore, new law enforcement is needed, by making the mechanism for implementing sanctions clearer on companies that do not carry out corporate social responsibility.]]>
<![CDATA[Kepastian Hukum Terkait Pengambilalihan (Akuisisi) Saham Dalam Suatu Perseroan Terbatas Tertutup Dengan Akta Jual Beli Saham ]]>
<![CDATA[Mujaddady Mujaddady]]>;
<![CDATA[Ilham Ilham]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1607
<![CDATA[The use of a Share Sale and Purchase Deed in the context of taking over shares in a Closed Limited Company is a legal issue which is the basis of this research. Buying and selling shares and acquiring shares is often considered a problem in notarial practice, and differences in interpretation regarding ratification of notarial deeds arise depending on the notary's obligation to ratify notarial deeds. Because there are no regulations that specifically support this, it is necessary to discuss the status of this legal issue. The research method uses a normative juridical research type, with a statutory-regulatory approach, case approach, historical approach, and context approach. The results of this research: that the use of a Share Sale and Purchase Deed can be carried out as long as there is no change in control, however if the implementation of the share sale and purchase results in a change in control, then it is best to do so. carried out through procedures, conditions and procedures for taking over shares (acquisition). This legal position is closely related to the role of the Notary in making deeds, which must always minimize the existence of deeds from the environment in the future. Legal certainty regarding the takeover of shares (acquisition) of a Closed Limited Company with a Share Sale and Purchase Deed, where if the sale and purchase of shares does not result in a change in share ownership, then the use of the sale and purchase deed provides certainty for the parties, however if the sale and purchase of shares results in a change control of shares, then the sale and purchase deed does not provide legal certainty for the parties, so it must be carried out in accordance with procedures and mechanisms. arrange share acquisition.]]>
<![CDATA[Penyelesaian Konflik Sertifikat Hak Milik yang Tumpang Tindih melalui Mediasi ]]>
<![CDATA[Angga Alfian]]>;
<![CDATA[Angga Bela Dinata]]>;
<![CDATA[Mega Trio Kristian Ade Putra]]>;
<![CDATA[Udea Triyunita]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1610
<![CDATA[This research aims to explore the potential for using mediation in resolving conflicts over overlapping property rights certificates. The research method used is empirical legal research with primary and secondary data. Primary data was obtained from cases of property rights certificate conflicts that were successfully resolved through mediation, while secondary data came from literature research for theoretical analysis. Qualitative analysis was conducted on the data with a focus on emerging patterns, themes and findings. The research results show that the factors causing conflict involve administrative errors, changes in property boundaries, failure to verify ownership, changes in the legal status of property, and territorial division. Mediation through the National Land Agency (BPN) is an effective alternative in resolving this conflict. The agreement resulting from the mediation is recorded in the Minutes of Mediation Holding and Dispute Settlement Agreement Letter, providing a legal basis for follow-up registration of land rights to BPN. In conclusion, mediation can be an effective tool for resolving overlapping property rights certificate conflicts, providing a quick, cost-effective solution and considering the interests of all parties.]]>
<![CDATA[Sistem Jaminan Lakang Wi,it di Kecamatan Talibura Kabupaten Sikka ]]>
<![CDATA[Frederika Bernadeta Ursula Idam Putri]]>;
<![CDATA[Maria Alfira Nata]]>;
<![CDATA[Louisiano Grandiroyvan Wera Moa]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1613
<![CDATA[The community of Talibura Subdistrict, Sikka Regency in carrying out economic activities has local wisdom which is often referred to as lakang wi,it which has been carried out by the Talibura subdistrict community for generations. Lakang Wi,it is an agreement made by a person with money to a person without money to do certain things within a certain time. In this research, the author wants to see the relationship between the Law of Association and also the local wisdom of Lakang Wi,it which both regulate agreements. This research is a sociological juridical legal research that has an object of study on community behavior. The law of engagement regulated in the Civil Code in force since the Dutch colonization of Indonesia has a relationship with the local wisdom of Lakang Wi,it in Talibura District, Sikka Regency. The similarity is that both regulate the agreement between the two parties and also lakang Wi,it is included in the form of an agreement in the form of an agreement that gives flexibility to both parties to enter into an agreement, the difference is that lakang wi,it is a small part of a broad and complete law of engagement while in local wisdom lakang Wi,it is more inclined to oral actions, not written and not as complete as the law of engagement in the Civil Code, in the settlement of disputes it is still thick with the customs of the local community.]]>
<![CDATA[Analisis Faktor Penyebab Sengketa Tanah dan Implikasinya terhadap Hak Para Pihak di Kecamatan Insana Utara, Kabupaten Timor Tengah Utara ]]>
<![CDATA[Lidia Anjelina Laos]]>;
<![CDATA[Sukardan Aloysius]]>;
<![CDATA[Agustinus Hedewata]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1615
<![CDATA[The purpose of this writing is to determine the factors that cause land disputes and their implications for the rights of the parties in North Insana District, North Central Timor Regency and to determine the legal consequences for the rights of parties in land disputes in North Insana District, North Central Timor Regency. The benefit of this research is as information material to increase insight and knowledge regarding the title of the thesis which the author will research and will be useful for scientific material, especially land disputes in the civil law specialization. The method used in this research is an empirical legal research method. The results of this research show (1) The factor that caused the land dispute that occurred in North Insana District was the factor of personal conflict of interest, namely that the defendants grabbed the land, occupied and cultivated the land based on their personal interests without paying attention to the ownership of the land so that causing land disputes. (2) The consequence of the land dispute is that the owner suffers losses both material and immaterial, so that the defendant is given sanctions in the form of a fine. The conclusions of this research are (1) The factor that causes land disputes that occur in North Insana District is the factor of conflict of personal interest by taking over for personal gain. (2) The consequence of the land dispute is that the owner suffers losses, so that the dispute party receives sanctions in the form of fines to be given to the owner. The author's suggestion is that the Village Head as a mediator must bring the two parties together to make peace so that social relations between the two parties can return to running well.]]>
<![CDATA[Tinjauan Yuridis terhadap Pelindungan Cuplikan Film dan Series yang Disebarluaskan Tanpa Izin pada Aplikasi TikTok Berdasarkan Undang-Undang No. 28 Tahun 2014 tentang Hak Cipta ]]>
<![CDATA[Calvina Chaeria Ramadhany]]>;
<![CDATA[Rifqi Mahardika Putra]]>;
<![CDATA[Adela Sahla]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1616
<![CDATA[The high level of popularity of the TikTok application has an impact on the dissemination of various phenomena, one of which is the distribution of film and series snippets by unauthorized accounts without the permission of the creators of the films and series concerned. Those unauthorized accounts gain economic benefits from the uploaded video snippets because they have a large number of viewers. It is very detrimental to film and series creators because many people do not want to watch those films and series on official platforms that have been provided such as cinemas or streaming applications because people already know the storyline or have received spoilers from the uploaded video snippets by unauthorized accounts. This research aims to find out whether copyright law already provides sufficient protection for film and series snippets and for the Copyright Holder, also to find out what the government actions are in dealing with this problem. This research was conducted using a normative juridical method, namely a literature study that refers to laws in the field of intellectual property rights law as well as secondary legal materials such as books, articles and journals regarding copyright. The results of the research show that films and series are classified as cinematographic works so they must be protected from all forms of violations such as dissemination without the permission of the Copyright Holder as regulated in Law No. 28 of 2014 concerning Copyright, in this case the government actions in protecting film and series snippets are to create a Directorate General Intellectual Property and Creative Economy Agency to assist with copyright registration and handling copyright violations.]]>
<![CDATA[Peran Kurator Terhadap Perubahan Anggaran Dasar Pada Perseroan Pasca Putusan Pailit ]]>
<![CDATA[Ifa Agustina Eka Ismanto]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1618
<![CDATA[A limited liability company cannot fulfill its obligations in accordance with a decision that has been made by the court, therefore the company loses its right to control and manage its assets. The bankruptcy law and the suspension of debt payment obligations explains that a curator is a court-ordered inheritance authority or individual who is responsible for managing bankruptcy assets under the supervision of a judge. In the context of company bankruptcy, the curator is obliged to clear up all bankruptcy assets and keep related documents. This article discusses the legal consequences that arise for limited companies after being declared bankrupt by a judge's decision and also the role of the curator in changing the company's articles of association after being declared bankrupt by a court decision.]]>
<![CDATA[Kedudukan Hukum Dan Tanggung Jawab Penilai Kerugian Asuransi Di Indonesia ]]>
<![CDATA[Syalshabilla Andi Puteri]]>;
<![CDATA[Risma Seli Novitasari]]>;
<![CDATA[Nandhini Wulandari Nur Safitri]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1619
<![CDATA[The problem that often arises in insurance is the problem of claims. Claims submitted by the insured to the insurer often have differences in perception between each party. This difference in perception is often a problem and difficult for the insured to accept because what is in the mind of the insured if there is a disaster that harms the insured object, the insured can easily file a claim. There are different interpretations and a person's lack of understanding of his rights and obligations in the insurance agreement. Therefore, the role of insurance loss assessors is very necessary to avoid disputes. The results showed that, insurance loss assessors are regulated in Law Number 40 of 2014 concerning Insurance, Government Regulation of the Republic of Indonesia Number 39 of 2008 concerning the Second Amendment to PP Number 73 of 1992 concerning the Implementation of Insurance Business, Decree of the Minister of Finance of the Republic of Indonesia No. 425 / KMK.06 / 2003 concerning Licensing and Implementation of Business Activities of Insurance Business Support Companies, Financial Services Authority Regulation Number 2 / POJK.05 / 2014 concerning Good Corporate Governance for Insurance Companies, Financial Services Authority Regulation Number 70/POJK.05/2016 concerning Business Operation of Insurance Brokerage Companies, Reinsurance Brokerage Companies, and Insurance Loss Appraisal Companies Code of Conduct issued by the Indonesian Insurance Loss Appraisal Association. Then for the role of insurance loss assessors, it has been regulated and supervised by the Indonesian Insurance Loss Appraisal Association (APKAI).]]>
<![CDATA[Implikasi Hukum Terkait Kemitraan Bisnis Dalam Peningkatan Pemasaran Getas Kering Oleh BUMDES ]]>
<![CDATA[Niken Ayu Dwi Putri]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i1.1620
<![CDATA[Business partnerships in the context of dry brittle marketing by Village-Owned Enterprises (BUMDes) require an in-depth understanding of legal protection for all parties involved. This article discusses the definition of a business partnership, legal implications regarding liability, and legal protections to ensure the sustainability and success of collaboration. Product and service development, rights and obligations in business partnerships, as well as profit and risk management are the focus in dealing with the dynamics of dry brittle marketing. Legal responsibilities, including contract enforcement and dispute resolution, are described as an important foundation. Legal protection for the parties in a business partnership, through signing clear contracts and effective dispute resolution, is necessary to create a successful relationship. This article also discusses dispute resolution mechanisms, such as negotiation, mediation and arbitration, as well as legal implications in increasing the marketing of dry brittle by BUMDes.]]>
