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Acta Law Journal
Published by TALENTA PUBLISHER
ISSN : -     EISSN : 29642264     DOI : https://doi.org/10.32734/alj.v1i1.9829
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Acta Law Journal does not exclusively publish articles relating to Notarial Law, but also publish articles on other various fields of law, which include but not limited to Business Law, Company Law, Tax Law, Civil Law, Administrative Law, Customary Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 29 Documents
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Pemegang Pengalihan Atas Hak Tagih Tertulis (Cessie) Dalam Permohonan Penundaan Kewajiban Pembayaran Utang Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan PKPU (Analisa Putusan: No.16/Pdt.Sus–PKPU/2017/PN.Niaga/Jkt.Pst) Jan Christian Zherman Saragih, George; Sunarmi; Robert
Acta Law Journal Vol. 2 No. 1 (2023): December 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i1.15366

Abstract

The transfer of receivables for written collection rights is called Cessie. The legal arrangements regarding cessie are regulated explicitly in Article 613 of the Civil Code. Generally, the granting of the right to collect is often in debt-receivable disputes. Transfer of rights from the old creditor (cedent) to the new creditor (cessionaris) over the debtor (cessus). Disputes over debts in the business world are commonly experienced by every legal subject including business entities. The problem of debts is a slick and complicated problem to find a solution to these conditions. The intensity of the need for funds in carrying out company operations can bring two things, namely profit and loss. (However, in practice, the transfer of receivables for written collection rights under the cessie scheme is often disputed by legality and validity, or the process that occurs so that the transfer of rights to collect debts that have matured becomes an obstacle in applying for a new Creditor PKPU (cessionaris ) is also hampered and difficult to be able to fulfill his right to repayment of debts of debtors. Legal protection is required to touch not only on the part of the debtor either preventing the collateral property from being insolvented but the legal protection of the creditor.This research was conducted using secondary data obtained from primary legal materials such as analyzing laws and regulations related to the title of this thesis. Secondary legal materials such as books, various magazines, literature and articles.Right to collect receivables in writing with the cessie scheme in its development in the business world often raises questions about the legal protection of creditors after transferring their collection rights to other creditors. The transfer is followed by the condition of levering and official written notice (betekkning) to the debtor that the transfer of the right to collect the right to collect. The application of cessie is then combined in a dispute over debt receivables when there is a PKPU application for the situation of insolvency of the debtor so that it neglects to pay off its debts.
Penyelesaian Sengketa Konsumen Antara Alvarendra Ataya Anas Dengan PT Citra Van Titipan Kilat (TIKI) (Analisa Putusan Mahkamah Agung No. 175K/Pdt.Sus-BPSK/2021) Manullang, Ganesti Gebryella; Dedi Harianto; Aflah
Acta Law Journal Vol. 2 No. 1 (2023): December 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i1.15473

Abstract

The implementation of goods delivery carried out by PT Citra Van Titipan Kilat (TIKI) as a provider of goods delivery services does not always run smoothly. As happened in BPSK Bekasi City Decision No. 011/REG/BPSK-BKS/2020, The formulation of the problems in this journal, namely how is the regulation of consumer dispute resolution in goods delivery service disputes in Indonesia, how is the responsibility of the goods delivery service business actor for consumer losses due to negligence that occurs in the goods delivery service business in Supreme Court Decision No. 175K/Pdt.Sus-BPSK/2021, and how is the analysis of considerations and judges' decisions related to the settlement of consumer disputes between Alvarendra Ataya Anas and PT Citra Van Titipan Kilat (TIKI) in Supreme Court Decision No. 175K/Pdt.Sus-BPSK/2021. The method used in writing this journal is the normative juridical method, namely library legal research, the nature of the research used is descriptive and analytical. The form of responsibility of PT Citra Van Titipan Kilat (TIKI) for consumer losses in BPSK Bekasi City Decision No. 011/REG/BPSK-BKS/2020 is in the form of administrative sanctions given to PT Citra Van Titipan Kilat (TIKI) in the amount of Rp1,000,000.00 (one million rupiah). BPSK Bekasi City Decision No. 011/REG/BPSK-BKS/2020 is in accordance with the applicable legal provisions.
Existence of Estoppel Doctrines in Common Law Contracts: Challenges and Opportunities for Civil Law-Based Lawyers Elisabeth, Novita Sartika
Acta Law Journal Vol. 2 No. 1 (2023): December 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i1.14315

Abstract

A basic concept of contract is an object of law that is often defined as an agreement made by parties to perform duties and obligations and receive rights in return. The legal positions of parties involved in a contract are governed by contract law that is complex. It covers principles, doctrines, rights, obligations, and access to remedy regarding any breach of the contract. The complexities of the contract law are further inevitably impacted by the system of the law within a country. The principles, regulations, and legal concepts in civil law countries generally rely heavily on written forms. In contrast, common law countries based the law on precedent cases or the developments of court decisions. This fundamental difference potentially causes either challenges or opportunities for the lawyers practising outside their jurisdiction, as the application of the concepts and doctrines used are different. This paper will discuss a distinguished difference in a doctrine of contract law adopted by the common law system like Australia, which is called Estoppel, that might remain less applied in civil law countries like Indonesia.
Tinjauan Yuridis Sengketa Persamaan Merek Antara Starbucks Corporation Melawan PT Sumatra Tobacco Trading Company (Studi Putusan Pengadilan Negeri Niaga Nomor 51/Pdt.Sus/Merek/2021/PN Niaga JKT.PST. dan Putusan Mahkamah Agung Nomor 836K/Pdt.Sus-HKI/2022) Berlianda Ester Septiani; Saidin; Aflah
Acta Law Journal Vol. 2 No. 1 (2023): December 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i1.15634

Abstract

Brands provide a distinctive feature for goods or services of a company with goods or services of other similar companies, so brands are important for business people. The problems that will be discussed in this study are the protection of trademark rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the process of resolving disputes over trademark equality in Indonesia, as well as legal analysis of trademark dispute decisions in the Commercial District Court Decision Number 51/Pdt.Sus/Merek/2021/PN Niaga Jkt. Pst. and Supreme Court Decision Number 836K/Pdt.Sus-HKI/2022. The research method used in this research is normative legal research. This research examines document studies, which uses various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. Trademark registration applied for by the owner of the Trademark if accepted will give rise to rights to the Trademark for the owner of the Trademark who registered the Trademark to the Directorate of Intellectual Property as a form of protection of trademark rights holders. If there is a trademark dispute, the settlement can be done by litigation and non-litigation. If the Trademark owner wants to do litigation, first the Trademark owner can file a lawsuit according to the procedures of the Trademark Act 2016. However, if you want to be resolved in non-litigation, it can be done through arbitration or alternative dispute resolution in accordance with Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution.
Perluasan Makna Final Pada Putusan Pengadilan Tata Usaha Negara Sihombing, Eka NAM; Cynthia Hadita
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.15732

Abstract

The decision of the Administrative Court is one of 'final' nature, there is an expansion of meaning to refer to the legal status of the decision. Once a final decision has been issued by the Administrative Court, the parties to the dispute can no longer appeal or make other legal efforts to challenge or change the decision, except in certain circumstances regulated by law. The term 'final' indicates that the decision is irreversible and legally binding for all parties involved in the case. However, the definition of 'final' in a particular situation may vary depending on the applicable laws in the country. The purpose of this research is to examine the expansion of the meaning of final in Administrative Court Decisions usually related to the annulment, amendment, or confirmation of Administrative Court decisions that have become the subject of disputes. This research uses normative juridical legal research methods. In this article, researchers have concluded that the expansion of the meaning of 'final' in the context of State Administrative Court (PTUN) decisions refers to the legal status of the decision. The term 'final' indicates that the decision is irreversible and becomes a legally binding decision for the parties involved in the case. In practice, final PTUN decisions have the same legal force as other court decisions and must be obeyed by the parties involved in the case. This is important to maintain legal certainty and the integrity of the state administrative justice system.
Nickel Smelter Moratorium: Efforts to Establish Laws to Ensure Legal Certainty of Investment Silalahi, Firman; Jesica, Kenny
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.15795

Abstract

The downstream effort is not solely an economic motive, but there are efforts to pursue the target of net zero emissions through the development of Electric Vehicles (EV). Therefore, in the future the transportation sector will shift to the EV ecosystem. Support for the EV ecosystem requires components such as batteries whose the raw materials come from nickel ore produced using hydrometrological methods. This research uses a normative legal research method (legal research) which combines secondary materials in the form of supporting data on the application of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining in Indonesia. In this research, the authors concludes that the increase in investment of nickel downstream projects has raised concerns about the amount of Indonesian nickel reserves, so the government should planning a moratorium on RKEF type smelters and switching to HPAL smelters. To ensure legal certainty, the government must form regulations aimed at complying with mechanisms and procedures that are in accordance with state administration and capital investment.
Kedudukan Produk Pinjaman Online Pada Perbankan Nurhilmiyah, Nurhilmiyah; Purba, Hasim; Sitompul, Zulkarnain; Azwar, T. Keizerina Devi
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.16429

Abstract

Online lending products have become an integral part of the modern banking industry, fundamentally changing the financial services landscape. They provide greater accessibility for consumers, allowing them to apply for loans without having to visit a physical bank. The place of online loan products in banking also raises various questions and debates. From the perspective of supporting financial inclusion, online lending products expand the reach of financial services, benefiting individuals or small businesses that find it difficult to qualify for traditional loans. The existence of online loan services in the non-bank financial industry in recent years is the answer to the lack of access to funding to small communities. The purpose of this research is to find out how the position of online loan products in banking and also to find out about the position of online loan services in the Non-Bank Financial Industry and targeting the un-banked people segment which is often associated with people who do not have sufficient open access to the banking service system. This research uses the literature research method. In this article, the researcher has concluded that the position of online loan products in banking is in accordance with the function of banks, namely collecting funds from the public in the form of deposits and channeling them to the public in the form of credit and/or other forms. This includes offering online loan products in the context of its role as a digital bank. However, it cannot be equated with online lending or fintech peer-to-peer lending.
Analisis Terhadap Etika Profesi Hukum Notaris Dalam Menjalankan Tugasnya Sebagai Pejabat Umum Dalam Pembuatan Akta Autentik Rizky, Fajar Khaify; Safnul, Doddy; Leviza, Jelly
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.16537

Abstract

Notary is a public official who is trusted by the public in the authority to make authentic deeds. In exercising his authority as a legal profession, a notary must uphold legal ethics and the dignity and nobility of his position, because if this is ignored by the notary, it can cause harm to the parties and the notary himself. The problem of this research is how the authority of the notary profession as a public official in making authentic deeds, how sanctions are imposed on violations of the code of ethics of the notary profession. The purpose of this study is to determine and examine the authority of the notary profession as a public official in making authentic deeds and sanctions imposed on violations of the notary profession's code of ethics. Type of normative legal research. Secondary data research data obtained from legal materials. Data collection techniques library research techniques. Qualitative data analysis. Notary is a public official who is authorised to make authentic deeds and has other authorities as in Article 1 number 1 jo. Article 15 of UUJN. Sanctions imposed on violations of the code of ethics of the notary profession as in Article 6 paragraph (1) of the Code of Ethics of Notaries of the Indonesian Notary Association (INI) in the form of reprimand, warning, temporary dismissal from Association membership, honourable dismissal from Association membership, dishonourable dismissal from Association membership.
Peran Mahkamah Internasional (ICJ) Dalam Mengatasi Pelanggaran Hukum Humaniter Di Palestina 2023-2024 Ahmad, S. Thoriq Musthofa; Muhammad Reyhan; Sepana Virqiyan
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.16772

Abstract

This study discusses the role played by the International Court of Justice (ICJ) in overcoming humanitarian law in Palestine in 2023-2024, various efforts have been made by the International Court of Justice in addressing the issue of genocide, including taking a role in the international reports submitted to the International Court of Justice on what happened in Palestine, as an international judicial institution The International Court of Justice (ICJ) has an important role in dealing with human rights violations and international crimes. One of the issues that has always been in the spotlight is the conflict in Palestine and Israel, which is often colored by accusations of genocide by several countries.
Legal Analysis Of Rights Related To Copyright (Neighbouring Rights) On Moral Rights And Economic Rights In Rebroadcasting The 2022 World Cup Aired By Television Stations In Indonesia Pulungan, Atikah Sarah; Maria Kaban; Aflah
Acta Law Journal Vol. 3 No. 1 (2024): December 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v3i1.17258

Abstract

Neighbouring Rights are exclusive right within copyrigtht law, pertaining to Performers Phonogram Producers, and Broadcasting Institutions. Broadcasting Institutions, as organizers of broadcasts, require broadcasting rights – permits mandatory for broadcasters. Indonesian television stations, in their broadcasting activities, possess both Moral Rights and Economic Rights. Moral Rights are inalienable rights inherent to the creator, while Economic Rights concern the economic exploitation of the creation. This research employs a normative library research methodology, focusing on collecting secondary data from primary, and tertiary legal sources. The regulation of international television broadcasting in Indonesia is governed by licensing procedures and legal provisions. Regarding Moral and Economic Rights in Indonesian television broadcasting, these encompass the right to broadcast, authorize others, or prohibit rebroadcasting, broadcast communication, fixation, and reproduction of broadcast fixations. These rights are intrinsically linked to the creator. The Legal Analysis of Related Rights (Neighbouring Rights) concerning Moral and Economic Rights of the 2022 World Cup rebroadcasts by Indonesian television stations involves obtaining prior authorization from the Indonesian Broadcasting Commission before commencing broadcasting activities. Monitoring and supervision of World Cup broadcasts in Indonesia are conducted by the Directorate General of Intellectual Property under the Ministry of Law and Human Rights.

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