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Amar: Jurnal Ilmiah Hukum
Published by Universitas 17 Agustus 1945 Banyuwangi
ISSN : 30471052     EISSN : -     DOI : https://doi.org/10.62734/amar.v2i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Amar adalah publikasi ilmiah di bidang ilmu hukum yang diterbitkan oleh Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi. terbit satu tahun dua kali pada bulan juli dan desember. Tujuan dari jurnal ini adalah sebagai wadah untuk membahas isu-isu hukum sebagai respons terhadap dinamika dan perubahan kondisi sosial. Jurnal Amar berisi artikel berupa hasil penelitian, kajian hukum, atau ulasan mengenai tokoh dan pemikiran hukum. Redaksi mengundang para pengkaji hukum, termasuk akademisi, peneliti, praktisi, dan aktivis yang memiliki kepedulian terhadap masalah masyarakat dan hukum, untuk mengirimkan kontribusi mereka dengan mematuhi kebijakan penulisan jurnal.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
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ANALISIS YURIDIS PERALIHAN TANAH HAK GUNA BANGUNAN YANG MASA HAKNYA SUDAH BERAKHIR MELALUI PROSES PEWARISAN DITINJAU MENURUT UNDANG-UNDANG POKOK AGRARIA NOMOR 5 TAHUN 1960 : (Studi Penelitian Pada Kantor Notaris dan PPAT Di Kabupaten Banyuwangi) Clarisa Hanez, Chintya; Pasaribu, Agnes; Brian Wicaksono, Demas
JURNAL AMAR Vol 1 No 1 (2023): AMAR - JURNAL HUKUM
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Abstract: Juridical Analysis Of Land Transition Of Building Usage Rights Which The Term Of Rights Have Ended Through The Insurance Process Reviewed According To Law Principles Of Agrarian Number 5, 1960. (Research Study At The Notary Office And Ppat In Banyuwangi). Land rights are something that is important for today's society. Land rights are specifically regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, hereinafter referred to as UUPA. Land rights according to the UUPA itself are sourced from Article 33 paragraph (1) of the 1945 Constitution, and of course the Right to Build is also included in the ownership rights that must be owned by a person in order to be valid proof of ownership. The transfer of building use rights can occur and this transition can take the form of buying and selling, grants or exchanges and also inheritance. This study uses empirical research methods. Empirical research is data obtained directly from sources by conducting research in the field through observation and interviews related to research and practice. Regarding the process of resolving the problem of building use rights whose rights period has expired through the inheritance process and the obstacles that occur related to building use rights whose rights have expired through the inheritance process. The results of this study are: Building use rights have expired before the inheritance is carried out and there is no clarity and certainty regarding the extension of the rights, then the land will return to the state, and must make a special application for registration of the land by making a new application, not by extending it. existing rights. However, whether the process is long or not, whether it is complicated or not, it also depends on the local Land Agency which will take care of the matter together with the local Notary/PPAT and the obstacles that occur are a reflection of the delay in extending the Building Rights.
UPAYA PENYELESAIAN KREDIT MACET PADA KREDIT USAHA RAKYAT DALAM PERJANJIAN PINJAM NAMA DITINJAU DARI PASAL 1873 KITAB UNDANG-UNDANG HUKUM PERDATA & UNDANG-UNDANG NO. 10 TAHUN 1998 TENTANG PERBANKAN : (Studi Studi Di PT. Bank Tabungan Negara, Tbk. KC Banyuwangi) Monika Oktaviani, Diah; Pasaribu, Agnes; Brian Wicaksono, Demas
JURNAL AMAR Vol 1 No 1 (2023): AMAR - JURNAL HUKUM
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Efforts to Settle Bad Loans on People's Business Loans Name Borrowing Agreement in terms of Article 1873 Civil Code & Law No. 10 Year 1998 About Banking (Research Study at PT. Bank Tabungan Negara, Tbk. KC Banyuwangi) Bank is one of the financial institutions in Indonesia. In Law Number 10 of 1998 concerning Banking, it is explained that a bank is a business institution that collects money from the public in the form of savings, then distributes it back to the community in the form of credit. In conducting loan transactions (credit) there is a binding agreement between the debtor and the creditor. However, the agreement made should not run in accordance with the validity of the provisions contained in the agreement. The credit agreement is made on behalf of. This action resulted in bad credit in credit loan transactions and had an impact on the debtor who lent his name, because the debtor must be responsible for what has been done. This is as explained in article 1873 of the Civil Code. With this event, it can lead to a default in the agreement made by the debtor with the creditor. The formulation of the problem in this thesis is (1) Is the people's business credit loan agreement on behalf of another person valid based on Article 1873 of the Civil Code? (2) What efforts can be made by Bank BTN in the settlement of bad loans on people's business loans using on behalf of other people? The research method used is an empirical research method in which the data obtained are based on the results of direct interviews with the Bank. Based on the results of research and discussion, the conclusions of this thesis are (1) In a people's business credit loan agreement on behalf of another person based on Article 1873 of the Civil Code, it can be said to be valid as long as it still fulfills the legal requirements of the agreement as described in Article 1320 of the Civil Code. Civil Law Act. (2) The settlement efforts carried out by Bank BTN in non-performing people's business loans on behalf of using amicable channels (consultation) to determine the payment process until it is paid off and obligations are fulfilled.
PERLINDUNGAN HUKUM BAGI KONTRAKTOR DALAM KONTRAK KERJA KONSTRUKSI AKIBAT TERJADINYA KEADAAN KAHAR DI BANYUWANGI Pranoto, Hari; Pasaribu, Agnes; Mulyanto, Rudi
JURNAL AMAR Vol 1 No 1 (2023): AMAR - JURNAL HUKUM
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Legal Protection For Contractors In Constuction Working Contracts Due To Force Majeure In Banyuwangi Regency. The study discusses legal protection in contruction work contracts at the stage of contract implementation when force majeure occurs. The problem in this research is how the legal protection for contraktors in contruktion work contracts due to force majeure. In writing this thesis the author uses empirical research methods, where data obtained from the field is analyzed to be used as a basis for discussion to minimize the risk of force najeure in construction work contract,especially on the part of service providers (contractors). By interviewing the executives or directors of CV who have experienced force majeure on the work contract of a project that they have implemented. The results of the study concluded that the employment contract arrangement of construction work is able to reduce the emergence of claims and prevent construction disputes, especially for the contractors. The concept of the approach with Law No. 2 of 2017 Concerning Construction Services and Presidential Regulation No. 16 of 2018 Concerning Government Procurement of Goods/Services. The implication of this researchin that the parties, both service users and service providers (contractors) should pay attention to the clauses governing force majeure contained in the contract. With the aim that all parties can solve the problem properly. Thus, the contract that concerned from the beginning can determine the choice of dispute resolution or problems that are considered best for the parties, especially the contractor.
TINJAUAN YURIDIS KEABSAHAN KLAUSUL TENTANG PEMINDAHAN OBJEK JAMINAN UTANG-PIUTANG BERUPA HAK ATAS TANAH KEPADA PIHAK KREDITUR DALAM PUTUSAN AKTAPERDAMAIAN : (Studi Kasus Putusan Pengadilan Agama Banyuwangi Nomor 3308/Pdt.G/2018/PA.Bwi) Nugroho Utomo; Pasaribu, Agnes; Mulyanto, Rudi
JURNAL AMAR Vol 1 No 1 (2023): AMAR - JURNAL HUKUM
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Juridical Review Of The Validity Of The Clause On The Transfer Of The Object Of Guarantee Of Debts In The Form Of Land Rights To The Creditors In The Deed Ruling Peace (Case Study of Banyuwangi Religious Court Decision No. 3308/Pdt.G/2018/PA. Bwi). Explains that judges are obliged to recommend the litigants to take the peace procedure first. The resulting Peace Deed decision is expected to be in line with and not in conflict with the applicable laws and regulations, moreover, the peace deed decision is equated in power with a decision that has permanent legal force (Res Judicata). As is the case with an agreement regarding the transfer of the object of collateral for debts to the creditor if the debtor defaults in the decision on the peace deed. Law No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land limits matters relating to the promise of ownership of objects as collateral for debts. The formulation of the problem in this research is: How is the validity of the clause regarding the transfer of the object of collateral for debts in the form of land rights to the creditor in the Decision on the Deed of Peace? and What are the legal consequences of the Decision on the Peace Deed Number 3308 / Pdt.G / 2018 / PA.Bwi? The type of research used in this study is a normative juridical approach, which is to analyze the problem from the point of view of civil law. In this study, using a case approach and a legal approach, the case approach is to examine cases related to the problems faced which have become court decisions and have legal force. The results of the study conclude that, the Decision of the Deed of Peace which regulates the transfer of objects of guarantee of debts to creditors if the debtor defaults is contrary to Article 12 of UUHT and is not in line with several jurisprudence, and therefore violates the objective requirements of Article 1320 of the Civil Code, namely a Halal Cause. So that the Decision on the Peace Deed becomes materially flawed and is not legally valid. Then, the legal consequences of the decision on the Peace Deed Number 3308 / Pdt.G / 2018 / PA.Bwi which contain material defects, in this case violate the objective requirements of article 1320 of the Civil Code, namely a Halal Cause. So the decision of the peace deed becomes null and void and the decision cannot be attached to the executive power (Executoriale Kracht).
IMPLEMENTASI PERATURAN DAERAH KABUPATEN BANYUWANGI NOMOR 11 TAHUN 2014 TENTANG KETERTIBAN UMUM DAN KETENTRAMAN MASYARAKAT TERHADAP UPAYA PENEGAKAN HUKUM PENYELENGGARAAN MENARA TELEKOMUNIKASI DI WILAYAH KABUPATEN BANYUWANGI: (Studi Penelitian Pada Dinas Satpol PP Kabupaten Banyuwangi) Sulaiman Utama, Rizki; Pasaribu, Agnes; Kurniawan Soetijono, Irwan
JURNAL AMAR Vol 1 No 1 (2023): AMAR - JURNAL HUKUM
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Implementation Of Regional Regulation Of Banyuwangi Regency Number 11 Of 2014 Concerning Publicorder And Community Treatment Towards Efforts Enforcement Of Law Enforcement Telecommunication Tower In The Region Banyuwangi District (Research Study At The Banyuwangi Regency Satpol Pp Service) The presence of telecommunications towers is certainly very influential on national development. Moreover, by taking into account the needs of the community, the operation of telecommunication towers is growing very rapidly. However, what happens in the operation of telecommunications towers is not in accordance with the applicable provisions, so it does not meet all the requirements that must be met. The formulation of the problem in this research is: How is the implementation of the Banyuwangi Regency Regulation Number 11 of 2014 concerning Public Order and Public Peace on the legal protection of the people who live around telecommunications towers? and What are the law enforcement efforts carried out by the Civil Service Police Unit of Banyuwangi Regency against violations in the operation of telecommunications towers?. The type of research used in writing this thesis includes empirical legal research, which is a study that seeks to identify the laws that exist in society with the intention of knowing other symptoms. This study uses a factual approach and a statutory approach related to legal protection efforts for the people who live around telecommunications towers in the Banyuwangi Regency area. The results of the study concluded that the implementation of Banyuwangi Regency Regulation Number 11 of 2014 concerning Public Order and Community Peace in providing legal protection to citizens living around telecommunications towers still does not provide full guarantees. The lack of public awareness of their rights and obligations that should be fulfilled by the organizers is neglected. Thus, various efforts have been made by the Banyuwangi Regency Civil Service Police Unit in overcoming violations of telecommunications tower operations in the Banyuwangi Regency area by conducting socialization, supervision and control as well as law enforcement in order to provide legal awareness to community members who live around telecommunications towers and tower operators. telecommunications to comply with all applicable laws and regulations.
PERLINDUNGAN HUKUM PERJANJIAN PENEMPATAN ANTARA PEKERJA MIGRAN INDONESIA (PMI) DENGAN PERUSAHAAN PENEMPATAN PEKERJA MIGRAN INDONESIA (P3MI) DALAM PERSPEKTIF KITAB UNDANG–UNDANG HUKUM PERDATA DAN UNDANG - UNDANG NOMOR 18 TAHUN 2017 TENTANG PERLINDUNGAN PMI: (Studi Kasus Di PT. Pamor Sapta Dharma Dan PT. Panca Ashma Tunggal) Topan Hadi Sucipto; Pasaribu, Agnes; Kurniawan Soetijono, Irwan
JURNAL AMAR Vol 1 No 1 (2023): AMAR - JURNAL HUKUM
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Legal Protection Of Placement Agreements Between Indonesian Migrant Workers (PMI) And Companies Placement Of Indonesian Migrant Workers (P3MI) In The Perspective Of The Book Of Civil Law And Law Number 18year 2017 On Pmi Protection (Case Study at PT. Pamor Sapta Dharma And PT. Panca Ashma Tunggal) In the work placement agreement between PMI candidates and P3MI, PMI candidates are required to obtain a copy of the agreement document so that later they can fulfill the rights and obligations contained in the work placement agreement, but in reality the PMI candidate is not given a copy of the agreement document by P3MI. The problem in this research is how to implement the placement agreement between PMI and P3MI at PT. Pamor Sapta Dharma and PT. Panca Ashma Tunggal in Banyuwangi. In this thesis, the problem is how the legal protection of the placement agreement for PMI according to Law Number 18 of 2017 and the Civil Code and how the government is trying to provide legal protection for prospective PMI. This type of research is empirical legal research, is a legal research method that uses empirical facts taken from direct sources for PMI and P3MI candidates and related agencies regarding PMI placement, through direct observations on location, interviews and questionnaires. The conclusion of this study is that the implementation of the PMI candidate placement agreement with P3MI PT. Pamor Sapta Dharma and PT. Panca Ashma Tunggal in the Perspective of the Civil Code, by not submitting a copy of the agreement document, PMI candidates do not understand what rights and obligations must be fulfilled to fulfill achievements and P3MI will be more dominant in prosecuting achievements to PMI candidates. The Banyuwangi Regency Government's efforts to provide legal protection for placement agreements between PMI candidates and P3MI are reviewed from Law NO. 18 of 2017 concerning PMI Protection is still lacking, the state must be present in every problem that occurs and provide the best solution for PMI candidates.
PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA ATAS RISIKO YANG TERJADI DALAM PERJANJIAN BERDASARKAN HUKUM PERDATA Ratnasari, Vivi; Pasaribu, Agnes; Mulyanto, Rudi
JURNAL AMAR Vol 1 No 2 (2023): Amar : Jurnal Ilmiah Hukum (Desember 2023)
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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Legal Protection Of Business Doors The Risk That Happened In The Agreement Based On Civil Law (Study at PT. Adi Putra Narasi, Denpasar City, Bali Province) and (Study at PT. Kurnia Bhakti Sejahtera Banyuwangi). Legal protection must be implemented in every country to be given to the people, of course in each country using different methods for legal protection of the people, especially Indonesia. In every business actor will face and get an unpredictable risk. Risk is a result that is unpleasant (harmful, harmful) from an action or action, either intentionally or unintentionally. In a business activity there is a cooperation agreement in carrying out a business activity. (a) What are the risks faced by Adi Putra Narasi Limited Liability Company in the cooperation agreement with Pertamina Patra Niaga Limited Liability Company in implementing non-subsidized fuel oil distribution activities and Elnusa Petrofin Limited Liability Company in the fuel/bbk transport tank rental agreement? (b) How is the legal protection for business actors for the risks that occur in the Adi Putra Narasi Limited Liability Company based on the Civil Code? This research method uses inductive qualitative data analysis techniques and an empirical juridical approach. Collecting data through interviews with Limited Liability Company business owners and several staff at the Adi Putra Narasi Limited Liability Company (PT) by documenting, direct observation in the field. Secondary data obtained through various sources such as books, journals, data from the internet and data needed in order to systematically identify the data.The results of this study conclude that (a) There are several risks faced by Adi Putra Narasi Limited Liability Company (PT) which include: the relatively high price of non-subsidized fuel oil; risk of meeting targets; risk of decreasing sales results; tank car maintenance and maintenance risks. (b) Based on the risks faced by business actors, of course they have not received legal protection in accordance with the Civil Code, listed in article 1365; 1233; 1244; 1245 of the Civil Code. According to the author, business actors have not been protected based on legal protection in accordance with all the risks experienced by business actors
EFEKTIVITAS PERATURAN PEMERINTAH NOMOR 56 TAHUN 2021 TENTANG PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN/ MUSIK PADA KAFE DANTEMPAT KARAOKE ATAS PENGGUNAAN SECARA KOMERSIAL Qotrunada, Alisa
JURNAL AMAR Vol 1 No 2 (2023): Amar : Jurnal Ilmiah Hukum (Desember 2023)
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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EFFECTIVENESS OF GOVERNMENT REGULATION NUMBER 56 OF 2021 CONCERNING ROYALTY MANAGEMENT OF SONG COPYRIGHTS AND/MUSIC ON THE CAFE AND KARAOKE PLACE COMMERCIAL USE (Research Study in Gianyar and Denpasar Regencies). Royalties are compensation or remuneration for the use of a work created by someone which includes copyrighted songs and/or music. Royalty payments collected by the National Collective Management Institute (LMKN) results will be given to creators, copyright holders and related rights owners as a form of permission or appreciation for the work that someone has created. This study aims to determine the Effectiveness of Government Regulation Number 56 of 2021 Concerning Management of Song and/Music Copyright Royalties that are used commercially in cafes and karaoke places in Gianyar and Denpasar Regencies and How are the efforts of the Provincial Government of Bali in supporting cafe and cafe business actors karaoke to carry out its obligations regarding the payment of song and/music copyright royalties. This study uses empirical research methods, namely data obtained directly from informants by conducting research in the field through observation, interviews and documentation related to research and practice. The results of the study concluded that Government Regulation Number 56 of 2021 concerning Management of Song and/Music Copyright Royalties is still not effective because in reality there are still many cafe and karaoke business actors in the Province of Bali, especially in Gianyar and Denpasar Regencies who do not carry out their obligations to pay royalties. There are various reasons for the reluctance of business actors not to pay royalties, one of which is because they have never known about the existence of regulations regarding these royalties. The government has now started to make several efforts so that the regulation regarding royalties runs as it should, one of which is conducting socialization but it has not run optimally.
EFEKTIVITAS PELAKSANAAN PERATURAN PEMERINTAH NO. 86 TAHUN 2019 TENTANG KEAMANAN PANGAN TERHADAP PRODUK OLAHAN PANGAN INDUSTRI RUMAH TANGGA YANG TIDAK MEMILIKI IZIN EDAR SERTIFIKAT PRODUKSI PANGAN INDUSTRI RUMAH TANGGA (SPP-IRT) DI KABUPATEN BANYUWANGI Dita Miranda, Komang
JURNAL AMAR Vol 1 No 2 (2023): Amar : Jurnal Ilmiah Hukum (Desember 2023)
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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THE EFFECTIVENESS OF THE IMPLEMENTATION OF GOVERNMENT REGULATION NO. 86 OF 2019 CONCERNING FOOD SAFETY FOR PRODUCTSPROCESSED FOOD IN THE HOUSEHOLD INDUSTRY THAT DOES NOT HAVE A DISTRIBUTION PERMIT FOR FOOD PRODUCTION CERTIFICATESHOME INDUSTRY (SPP-IRT) IN BANYUWANGI REGENCY. Household Industry (IRT) is a type of economic activity in which most of its business activities are centered in a house that has a separate room from other rooms in the residence. IRT activities that have production results in the form of processed food or called Household Industrial Food (P-IRT). Business actors are required to have a distribution permit in the form of a Household Industrial Food Production Certificate (SPP-IRT). The obligation for household industry food business actors to have an SPP-IRT distribution permit is explained in Government Regulation No. 86 concerning Food Safety which states that certain processed foods produced by the household industry are required to have a household industry Processed Food production permit. So that this research has a formulation of problems, namely (1) How is the effectiveness of the implementation of Government Regulation No. 86 of 2019 concerning Food Safety for processed food products of the household industry that do not have an SPP-IRT distribution permit and (2) How to carry out supervision by the Health Office on processed food in the household industry related to SPP-IRT distribution permits in Banyuwangi. In this study, the author uses an empirical type of legal research with a sociological juridical approach, namely looking at a legal reality by examining social symptoms that exist in society directly in the field, data from this study is obtained from data in the field and literature, to be then analyzed more deeply by the author. The results of the study concluded that PP No. 86 of 2019 concerning Food Safety is deemed ineffective because many IRT business actors still do not know about the PP and the importance of P-IRT permits as a form of business legality. The forms of pre-market and post-market supervision applied by the Health Service to IRT business actors are currently less active after the OSS (Online Single Submission) system was introduced because this system was still newly implemented and the implementation of supervision by the Health Service to business actors in Banyuwangi still lacks.
PERLINDUNGAN HUKUM KONSUMEN DALAM PEMBELIAN SUATU BARANG DENGAN PENCANTUMAN KLAUSULA EKSONERASI PADA NOTA PEMBAYARAN DITINJAU DARI UNDANG – UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Soetijono , Irwan Kurniawan; Syaiful Bahri, Mohammad
JURNAL AMAR Vol 1 No 2 (2023): Amar : Jurnal Ilmiah Hukum (Desember 2023)
Publisher : Fakultas Hukum Universitas 17 Agustus 1945 Banyuwangi

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PROTECTION OF CONSUMER LEGAL PROTECTION IN PURCHASE OF AN GOODS BY INCLUDING AN EXONERATION CLAUSE ON PAYMENT NOTES REVIEWED FROM LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION(Case Study in Stores and Minimarkets in Banyuwangi Regency). The Exoneration Clause is a provision in an agreement where it is determined that there is a limitation or exemption from certain responsibilities, which normally according to law should be his responsibility. Exoneration clauses whose contents aim to transfer the responsibility of business actors are included in the type of standard clauses that are prohibited according to Law Number 8 of 1999 concerning Consumer Protection. The problems examined in this study include: 1) The legal consequences if the Payment Note includes an Exoneration Clause, 2) Legal Protection for Consumers regarding the application of the Exoneration Clause to Payment Notes. The research method used in this study is empirical juridical, namely legal research regarding the application of every legal event that occurs in society or direct research into the field using the methods of observation, interviews, documentation and then data analysis.The results of the study stated that: 1) Business actors violated the provisions for including the exoneration clause which had been stipulated, according to the Civil Code Articles (1320 and 1338) would be declared null and void, Article 62 paragraph (1) of the Consumer Protection Act already contains sanctions, namely threats of punishment maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). 2) Legal protection for consumers is based on the existence of a number of consumer rights that need to be protected from actions that might harm consumers. Based on Article 1 of Law No. 8 of 1999 concerning Consumer Protection, which explains that consumer protection is all efforts to ensure legal certainty, however, in practice there are still many business actors who use exoneration clauses and this results in consumers not being protected.

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