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INDONESIA
PREMISE LAW JURNAL
Published by Universitas Sumatera Utara
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 10 Documents
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Search results for , issue "Vol 7 (2015): Volume VII Tahun 2015" : 10 Documents clear
PELAKSANAAN DAN STATUS HUKUM PEMBERIAN ORANG TUA KEPADA ANAK PEREMPUAN MELALUI HAREUTA PEUNULANG DI KABUPATEN ACEH BESAR AFRIZAL AFRIZAL
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

The inheritance system in Acehnese community who practice the parental or bilateral kinship system give equal position to their sons and daughters to be pointed as heirs. In Aceh Besar District, a daughter is not only a heir but can also receive the property granted by her parents. Hareuta Peunulang is one of the grants in the forms of jewelry, gold, home, yard or ground and so forth granted by the parents after their daughter gets married. The amount of the grant given must not greater than 1/3 (one-third) of the total number of the property of the legacy provider, and the hareuta peunulang which has been given is not returnable. A further study on granting hareuta peunulang needs to be conducted considering that the currently existing inheritance system in Aceh following Islamic inheritance system with the principle of 2:1 between the son and the daughter. The purpose of this study was to find out the existence of the grant given by the parents to their daughter through hareuta peunulang practice and to find out whether this practice of hareuta paneulang can beequated with a grant in Islamic law. Keywords: Hareuta Peunulang, Daughter, Aceh Besar
PRAKTEK INSIDER TRADING DALAM TRANSAKSI EFEK DI PASAR MODAL DAN UPAYA PENCEGAHANNYA MELALUI PENERAPAN PRINSIP KETERBUKAAN (DISCLOSURE PRINCIPLE) ANDINA TAMPUBOLON
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

Economic development of a country is highly determined by Banking and financial institutions, including capital market. The benefit of capital market is by providing financial source (long term) for businesses and at the same time  allocating capital resources optimally, providing investment facility for investors and at the same time making it possible to be verified, and providing leading indicator and economic trend for the State. The research used judicial normative approach. The attempt to forestall the incidence of insider trading in the Indonesian capital market is by tightening the regulation for the transparency of material information for all companies which want to do their stock transaction in the Indonesian capital market. It is recommended that OJK, which has the authority to determine whether or not a company is qualified to do stock transaction in the Indonesian capital market, be firm and impartial to all companies which want to do their stock transaction in the Indonesian capital market, especially in checking and supervising all material information of the companies which are qualified and healthy to do stock transaction in the Indonesian market. Keywords: Insider Trading, Disclosure, Indonesian Capital Market
KAJIAN HUKUM ATAS PENGENAAN BPHTB DAN PPH FINAL PENGALIHAN HAK ATAS TANAH DAN BANGUNAN DALAM TRANSAKSI BOT (BUILT OPERATE AND TRANSFER) DINA ARFINA
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

Built, Operate and Transfer (BOT) is the financing for a construction project in which the investor should himself prepare the project financing. He should also be responsible for preparing the materials, equipment, and other facilities which are needed for the project equipment. The compensation is that he will be given the right to operate and to benefit its economy in a certain time. Cooperative agreement by using BOT system is not only between the government and private sector but also between non-government and private sector. There is no obstacle in BOT agreement between the government and private sector in levying BPHTB and Final PPh (income tax) on land and building rights transfer, while obstacle in the same case is found in BOT agreement between non-government and private sector; the obstacle is also found in levying BPHTB and Final PPh on the land and building rights transfer in BOT transaction.The judicial obstacle is that there is no specific regulation on BOT transaction in Article 85, paragraph 1 and paragraph 2 of PDRB law as taxable item in levying BPHTB and Final PPh on land and building rights transfer, while Final PPh on land and building rights transfer is levied tax payable as it is stipulated in the provision of the Decree of the Minister of Finance No. 635/KMK.04/1994 as it is finally amended to the Regulation of the Minister of Finance No. 243/PMK.03/2008. Keywords: Transfer Use Building, BOT, Tax, PPh, BPHTB
ANALISIS YURIDIS TERHADAP PELAKSANAAN PEMBAGIAN HARTA WARISAN YANG DIKUASAI OLEH SALAH SATU AHLI WARIS (Studi Kasus Putusan Mahkamah Agung No 2134 K/PDT/1989) ENDAH MAYANA
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

Islamic Inheritance Law basically applies to all of the Muslims in the world. The problem can occur if the inherited property is not directly divided. One of the cases is what is seen in the Decision of Supreme Court No: 2134 K/PDT/1989. The chronology of this case begins with the polygamy done by H. Muhammad Jamil Daring his marriage with his first wife, ff. Muhammad Jamil did not have any property, then daring his marriage with his  second wife, H. Muhammad Jamil had a lot of property. The problem occurred after H. Muhammad Jamil, the father of the plaintiff, died. Several problems discussed in this analytical descriptive study with normative juridical approach were the factors causing a part of the heirs controlled the inherited property, the legal action taken by the heirs whose rights were held by the other heirs, and how the analysis of the Supreme Court was done in settling the case. The factors causing the heir hold the inherited property were that the heir thought that the property was those earned by his father during his marriage with his mother who was the second wife of the testator that the heir thought that he was more entitled to the property left by their father compared to his other brothers and sisters, Legal action taken by the heirs whose rights was held by the another heir was to conduct deliberation, since (his deliberation did not work, the heirs whose rights was held by the another heir eventually filed the application for decision to Tebing Tinggi.   Keywords: Juridical Analysis, Inherit Property Distribution, Being Held
PERLINDUNGAN HUKUM BAGI NOTARIS UNTUK MENJAGA KERAHASIAAN ISI AKTA YANG DIPERBUATNYA DALAM PERKARA PIDANA (STUDI DI PEMATANGSIANTAR) GRACE NOVIKA RASTA
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

Notary is obliged to keep secret the contents of the deed he/she made or made before him/her that is bound to the oath / occupational confidentiality and the dutyof a Notary, but if the deed he made has indications of a criminal act, then the notary must remove or ignore his/her obligation to keep secret the contents of the deed due to meeting the public interest to help smooth the legal process to achieve legal certainty. Notary has the right of refusal as a form of legal protection for his/heroffce/position and in the case of examination in relation to the deed he/she made, the notary can plead for the Derivatives of the Minutes of Interrogation at Court related to the information he/she gave in the court trial. Lack of understanding on the side of Notary and law enforcement officers often leads to misunderstandings during the examination of a Notary related to the deed made before him/her that have indications of criminal matters. So it is necessary to have the same knowledge and understanding in order to avoid misunderstandings when examininga Notary related to the criminal case concerning the deed he/she made. Keywords: Notary, Occupational Confidentiality, Criminal Case
ASPEK HUKUM KELALAIAN MENYETORKAN MODAL DALAM PROSESPENDIRIAN PERSEROAN TERBATAS DAN AKIBAT HUKUMNYA HUJJATUL MARWIYAH
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

A corporation is a legal entity which constitutes capital partnership; it is established based on an agreement to do business activities with initial capital which consists of stocks and has fulfilled all requirements stipulated in law and its administrative regulation. The result of the research shows that by the time a corporation was established, its founders can write a declaration that they have deposited their capital. The problem is that one of them has written a declaration which states that he has deposited his capital; in reality, he does not do it while the corporation has gotten its legalization from the Minister of Law and Human Right. In consequence, his right as a shareholder is postponed until he deposits his capital into the corporation’s savings account. If he fails to do it, the company will withdraw his stocks which mean that the company’s capital is reduced. He is then disqualified since he has breached the agreement in establishing the corporation. The legal consequence is that a founder who feels that he is harmed can make a request for the change of the agreement in establishing the corporation, either with indemnity or not. Legal protection for the other founders who have deposited their capital by the time the corporation is established and legalized can be done, based on the provisions in the contract made by corporation founders and on Law on Corporation. Protection which based on an agreement can be done through the claim for default to the other founders who do not deposit their capital. The ground of this claim is the negligence of the founder himself in carrying out his duties, based on the contract. Protection which is based on Law on Corporation in the form of the right is to bid the stocks beforehand from the founder who does not deposit his capital according to portion of his stocks. Another protection is through RUPS which agrees that the corporation carry out buy-back when the shareholders do not use their right to bid beforehand. Keywords: Corporation, Capital, Declaration of Depositing Capital, Default
PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK FIDUSIA TERHADAP OBJEK JAMINAN FIDUSIA YANG DISITA PENGADILAN BERKAITAN DENGAN TINDAK PIDANA PENCUCIAN UANG (Studi Putusan MA No. 1607 K/PID.SUS/2012) MIRZA PRIMA KUSUMANINGAYU
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

Consumer financing is a credit agreement between finance company as the creditor and consumers as the debtors on purchasing products by installment by the consumers. The research used judicial normative and descriptive analytic approach. The result of the research showed that fiduciary collateral confiscated by the Court related to the debtor (Malinda Dee) in the banking criminal case and money laundering still became the authority of the holder of fiduciary collateral, based on droit de suite and droit de preference principles stipulated in Law No. 42/1999 on Fiduciary. The Ruling of the Supreme Court finally gave legal protection for PT ASF and Citibank in which the provision stated that the confiscated fiduciary collateral, a Ferrari Scuderia Type F430, was returned to Citibank with the obligation to pay all liabilities related to the fiduciary giver (Malinda Dee) on the fiduciary collateral.   Keywords: Fiduciary Collateral, Confiscation Court, Criminal Act
AKIBAT HUKUM TERHADAP PEMBUATAN AKTA OTENTIK YANG TIDAK MEMENUHI KEWAJIBAN NOTARIS SEBAGAIMANA MESTINYA DIAMANATKAN DALAM UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS (ANALISIS PUTUSAN NO.09/PDT.G/2010/PN-MBO) SYAFRIDA YANTI
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

The organizing of a Notary’s obligation in making authentic deed which is based on the revision of Law No. 30/2004 on Notary’s Position has been implemented although, in reality, there are still some violations against the implementation of a Notary’s obligation since there is emotional relationship between a notary and his clients, or the clients happen to be his close friends so that there is potential to be the violation against a Notary’s duty in making the minute of a deed. In this case, he sends the minute of the deed to his clients to be signed. The legal consequence of the authentic deed which is not in accordance with a Notary’s obligation, according to UUJN, related to the Ruling No. 09/Pdt.G/2010/PN-Mbo causes SKMHT No. 103/2009 is revoked for the sake of law, and it is regarded as void, and the legal consequence is that the authentic deed (Notarial Deed) becomes an underhanded deed. Here, the Notary, in making his authentic deed, has violated his own obligation in UUJN, particularly Article 16, paragraph 1, letter m of the revision of UUJN, because he is not cautious by sending the minute of the deed to his clients so that the deed  so that the deed is counterfeited by his own clients. Therefore, in this context, the Notary takes the responsibility for SKMHT No. 103/2009 because the deed contains forgery, and thus it is contrary to or against law. . Keywords: Notary, Authentic Deed, Obligation
AKIBAT HUKUM ATAS PUTUSAN PAILIT BAGI DEBITOR TERHADAP KREDITOR PEMEGANG HAK JAMINAN FIDUSIA TUAH BANGUN
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

UUJF which determines the guarantee of fiduciary collateral gives specific position for a certain creditor on other creditors. However, UUK (Law on Bankruptcy) states that although a creditor who holds fiduciary collateral treats the object of fiduciary collateral as if there were no bankruptcy in the debtor, there is a regulation which states that there is a stay of the fiduciary collateral in boedel bankruptcy status. Therefore, there are some problems about legal provisions on the implementation of creditor’s bankruptcy as the holder of fiduciary collateral on the debtor as the giver of fiduciary collateral, creditor’s position as the holder of fiduciary collateral which has been burdened by the fiduciary collateral when the debtor goes bankrupt, and the legal consequence for the creditor as the holder of fiduciary collateral in executing fiduciary collateral given to the debtor who has gone bankrupt. The type of the research was judicial normative by studying legal norms and other legal provisions related to fiduciary collateral institution and other bankruptcy institutions in Indonesia, and the source of data were obtained from by library study. Keywords: Legal Consequence on the Ruling of Bankruptcy, Holder of Fiduciary Collateral
PERCERAIAN KARENA LI’AN DAN AKIBAT HUKUM DALAM PERSPEKTIF FIQIH ISLAM DAN KOMPILASI HUKUM ISLAM ZAISIKA KHAIRUNNISAK
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
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Abstract

Li’an is a specific statement used by a husband for accusing his wife of committing adultery so that he has the reason to reject the child who is delivered by her. that the procedure of divorce because of li’an, according to the Islamic Fiqh, was when a husband swore on oath four times, saying that he said the truth in his accusation. In his fifth oath, he said that he would be cursed by Allah if he told a lie. His wife also swore on oath four times, saying that she did not commit any adultery. In her fifth oath, she said that she would be cursed by Allah if her husband was right. Both of them then did li’an in front of the people who had the same faith. Article 127 of KHI points out that li’an will be valid when it is done before the Religious Court. The legal consequence of li’an in the Islamic Fiqh and in KHI has one similarity, that is, third and final divorce, while in the Islamic Fiqh it still has some other legal consequences. Legal protection for a woman who is done the li’an by her husband, according to the Islamic law, will get the right to have the whole dowry from him, and in KHI she has the right on the joint property and she restores her good name by swearing on oath for response. A mula’anah child has the same position as an illegitimate child in which he did not have any right to inherit from his father who has done the li’an to his mother. KHI points out that there is no prohibition for mula’anah child to receive a gift or a will from his father who has done a li’an to his mother. A mula’anah child has the right to get protection, based on Article 23 of Law No. 23/2002 and receives his rights as a child. Keywords: Li’an, Procedure of Li’an Divorce, Mula’anah Child

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