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Mahalini: Journal of Business Law
Published by Universitas Wahid Hasyim Semarang
ISSN : -     EISSN : 30907020     DOI : 10.31942/mjbl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Mahalini: Journal of Business Law publishes articles and comments on a broad range of business law topics, including corporate governance, securities regulation, capital market regulation, employment law, and the law of mergers and acquisitions This journal is intended to communicate the original researches and current issues on the subject. This journal warmly welcomes any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Pentingnya Bukti dalam Kasus Utang Piutang Ananda Putri Agustina Hikmawati; Jingga Ajeng Muda Jamaica; Lillah Ariani; Nataneila Astya Putri Asmana; Sahihah Anik Awalia; Heru Saputra
Mahalini: Journal of Business Law Vol. 1 No. 1 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v1i1.11071

Abstract

The examination of evidence is a major factor in confirming the validity of receivables claims, ensuring compliance with legal procedures, and crafting strong arguments in court. The research on Evidence Review in Enforcement of Unpaid Receivables has several objectives, namely Investigating how evidence affects the enforcement of receivables law, identifying evidence that plays an important role, and exploring the importance of evidence examination in ensuring the success of receivables-related legal proceedings. The research method involves literature analysis, case studies, as well as the application of normative methods. Data analysis was conducted by comparing and contrasting the different types of evidence used in receivables law enforcement. The results show that in the evidentiary process related to the enforcement of unpaid receivables, an in-depth understanding of the types of evidence and their use plays a crucial role in determining the success of the legal process. With an understanding of the significant varieties of evidence and their impact on enforcement outcomes, this research can optimize the efficiency of the implementation of the enforcement process against unsettled receivables.
Implikasi Hukum Perdata terkait Utang Piutang yang Sudah Daluwarsa Nita Ayuningsih; Sylvania Okta Aurelia; Vania Aulia; Alvi Septia Listyani; Ahmad Amir Ruddin
Mahalini: Journal of Business Law Vol. 1 No. 1 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v1i1.11072

Abstract

In reality, borrowing money is one way for people to get the funds they need. Agreements are usually made in writing, orally, or under the hand, in accordance with the demands to be carried out in good faith and legal certainty. However, as the era of lending and borrowing develops, there must be strong evidence to prove that a lending and borrowing event has occurred. Usually, the parties agree on a certain period of time when making an agreement. Furthermore, the obligation is considered to have exceeded the time period in the agreement if the time limit given to complete the task has passed. However, in this case, the creditor only collected the amount from the debtor for 34 years when the agreement expired. What happens if the creditor comes after the debt has passed that time? According to civil law, debts must still be paid even if the debtor has passed away. Therefore, Article 1362 of the Civil Code states that there will be compensation in the event of default
Perlindungan Hukum bagi Kreditur dalam Kontrak yang Melibatkan Jaminan Fidusia Revian Jedha Arhansyah; Hikam Firmansyah; Ifyar Aztyardi Anhar; Mohamad Febri Pribadi; Zhafif Hylmi Yulianto
Mahalini: Journal of Business Law Vol. 1 No. 1 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v1i1.11074

Abstract

This research analyzes the defence of creditors legally under credit agreements containing fiduciary assurances. A fiduciary guarantee gives the creditor a security right over an object that remains in the debtor's possession. The purpose of this research is to evaluate the application and problems of legal protection against the debtor in the context of the agreement. The study method adopted was normative juridical, with a statute and case-based approach. The results show that legal protection of debtors can be seen from material and formal aspects. The material aspect involves the balance of rights and obligations between the creditor and the debtor, the limitation of the value of the fiduciary guarantee, and the dispute resolution mechanism. Meanwhile, the formal aspects include notarial deeds, registration, and fiduciary guarantee certificates. Problems that arise include misuse of the collateral by the debtor, disputes over the rights to the collateral, mismatch between the value of the collateral and the debt, and difficulties in determining the location of the collateral.. It is hoped that this research will contribute to the development of legal knowledge, provide feedback to associated parties., and offer solutions to problems faced in the context of fiduciary assurances attached to credit agreements.
Wanprestasi dalam Kontrak Sewa Menyewa Alifaya Najla Abdini; Jasmina Fahira Rizkiyanti; Nailis Nurul Hikmah; Putri Na'ilah Zulfah; M. Shidqon Prabowo
Mahalini: Journal of Business Law Vol. 1 No. 1 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v1i1.11079

Abstract

This research is intended to find out the misconduct on the law of alliance that occurs in a lease contract. The investigation was conducted in a jurisprudential manner to analyse the existence of misconduct by creditors and debtors in accordance with the decision No. 56/Pdt.G/2020/PN Sdw, as the claimant is a creditor and the claimed is a debtor. The Yuridist approach is intended as an attempt to bring the problems studied closer to the normative nature of law. Through this juridical-normative approach it is possible to know how the implementation or application of formal law in a legal event occurs with the aim of ensuring its application has been in accordance with the provisions of the law. The discussion in this study covers the understanding of alliance and non-performance according to the Perdata Code as well as the legal consequences arising from a non -performance. In addition, we will discuss the misconduct in a legal event, namely the rental lease, contained in the decision No. 56/Pdt.G/2020/PN Sdw. The conclusion of this study is that non-performance can be interpreted as non-fulfilment of obligations by the debtor to the creditor in an alliance
Perbandingan Pengampuan Negara Indonesia dengan Negara Singapura Aqil Tajuddin Zhahir; Danar Aji Kirana; Alfiyan Rahmat dani Utomo; Wisnu Hesa
Mahalini: Journal of Business Law Vol. 1 No. 1 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v1i1.11081

Abstract

This article examines the differences in guardianship, or curatele, between Indonesia and Singapore. The objective is to identify the types and distinctions of guardianship in these two countries. The research is descriptive in nature, with legal materials collected through a literature study using primary and secondary sources. The findings reveal that there are indeed differences between Indonesia and Singapore. In Indonesia, an individual under guardianship is referred to as a Kurandus, which includes those who are mute, mentally ill, or have impaired vision. The Guardian, or curator, typically has rights and duties as determined by the Court at the time of their appointment. In contrast, in Singapore, a person under guardianship is known as a donor, and this is not limited to individuals who are mentally incapacitated; even those who are mentally sound can become donors. Additionally, there are two types of Guardians in Singapore: Donees and Deputies, both of whom have the right and obligation to make decisions on behalf of the donor. 
Analisis Hukum dan Beban Pembuktian terhadap Ketidakcakapan Salah Satu Pihak dalam Perjanjian Mokhamad Fajar Zihady Faturrahman; Nadhil Najwan Putra Cahya; Na’imah Putri Rahayu; Radithya Fathan Al Gibran; Ribka Sri Rejeki Simanjuntak
Mahalini: Journal of Business Law Vol. 1 No. 1 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v1i1.11084

Abstract

AbstractThe incompetence regulations listed in the laws and regulations have a lot of regulations, these various variants cause many consequences as well because it will make it easy for people to be able to take legal actions because they are considered competent. However, of course, this diversity also causes abuse of the applicable regulations because of the flexibility of choice in becoming competent and making it easier to abuse what is not yet their authority. This paper will use a combination of books, journals and academic articles that discuss the need to develop a positive attitude along the way. This research emphasizes the need for legislation as a basis for being able to conduct research. This research analyzes the burden of proof of an incapable person who has signed an agreement, the purpose of clarifying and providing an understanding of what kind of burden of proof must be issued and what can be done by an incapable person in proving it in an authentic deed. 
Penyelesaian Sengketa Tanah Berstatus Hak Milik Dijadikan Akses Jalan bagi Pemilik Tanah yang Terkurung Dewi Sulistianingsih; Mohammad Katerina Ronaldi; Mochammad Shidqon Prabowo; Yuli Prasetyo Adhi
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

The purpose of this study is to determine how the rights of the community whosehouses do not have access roads due to being surrounded by other houses areprotected and to analyze the resolution of disputes over land that will be used asaccess roads. One manifestation of the social function contained in the BasicAgrarian Law is the obligation of landowners to provide access roads to landownerswho are surrounded or blocked by their land. However, in reality, legal problemsoften arise on land with private ownership status that will be used as access roads.This research uses an empirical juridical method with a case study approach relatedto land disputes that will be used as access roads. The rules regarding the provisionof access roads are regulated in Articles 667 and 668 of the Civil Code, which statethat the owner of the surrounded land can sue for access roads by providing faircompensation. This principle is in line with the social function of land, which shouldnot harm the interests of the wider community. If a dispute arises regarding accessroads, it can be resolved through litigation and non-litigation channels. The absenceof a specific legal product regulating the technical aspects of access road rights hasresulted in disputes being resolved through mediation. One of the main keys to thesuccess of dispute resolution through mediation in land disputes that will be usedas access roads is the good faith of the parties involved. This study not only discussesthe right to access roads for landowners who are surrounded but also discusses theresolution of land disputes through mediation in disputes over land that will beused as access roads in Kasepuhan Village, Batang Regency.
Analisis Yuridis Proses Peninjauan Kembali Dalam Sengketa Pajak Penghasilan Pasal 23 (Studi Kasus Putusan Nomor 6555/B/Pk/Pjk/2023) Yosheko Casimira Morgan
Mahalini: Journal of Business Law Vol. 2 No. 1 (2025): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/mjbl.v2i1.12431

Abstract

This study aims to understand the legal aspects governing judicial review (Peninjauan Kembali or PK) in income tax disputes under Article 23, as regulated in Law Number 14 of 2002 on Tax Courts and Law Number 50 of 2022 on Procedures for Exercising Rights and Fulfilling Tax Obligations. The research method used is normative juridical, with an approach that examines and interprets the legal rules relevant to the research topic. The findings indicate that the judicial review (PK) filed by PT Sharp Electronics Indonesia met the formal requirements as stipulated in the General Provisions and Tax Procedures Law and the Tax Court Law. The petitioner presented valid arguments and evidence; however, the Supreme Court ruled that no significant new evidence was found, and there were no errors in the application of the law by the Tax Court. The Supreme Court's decision emphasizes the importance of accurate and consistent application of the law to support legal certainty in tax disputes.
Analisis Hukum Perikatan terhadap Wanprestasi dalam Perjanjian Jual Beli Kios: Studi Kasus Putusan Pengadilan Negeri Kupang Nomor 18/PDT.G/2016/PN.KPG Raras Santika Arianti; Deva Anasthalia; Lintang Savana; Keysya Aurelia Putri Zakiyyati
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

This study aims to analyze the lack of clarity in legal considerations related to the case of kiosk seller default, which has the potential to cause legal uncertainty for the community. By analyzing this case, we can examine the application of the principles of contract law, such as the principle of freedom of contract and legal certainty, while also providing academic contributions in the form of critical evaluations of the decision. This study is also relevant to understanding how a sale and purchase agreement should be formulated to protect the rights and obligations of the parties, as well as to provide constructive suggestions for better legal practice. The research method used is normative juridical, which analyzes library materials or secondary data. In addition, a data triangulation method is applied to validate and improve the reliability of information by collecting data from various sources. This approach aims to gain a more comprehensive understanding and reduce bias that may arise from relying on one source or method. The conclusion is that: 1) The judge's considerations in deciding the case of default have been in accordance with applicable provisions based on the regulations; 2) The form of default is the delay and inconsistency between the agreement and the implementation of the agreement itself; and 3) The legal consequences received by Mrs. Dorce include payment of the remaining price of the kiosk, legal costs, responsibility for losses, and delay in recognizing ownership rights until her obligations are fulfilled.
Analisis putusan Pengadilan Negeri mengenai Upaya Hukum Perum Bulog atas Tindakan Hukum Wanprestasi yang Dilakukan Oleh Pihak Mitra CV Mulyo Santoso: Tinjauan Kasus terhadap Putusan PN Jakarta Selatan No. 337/PDT.G/2013/PN.JKT.SEL Nur Rofi Dwianti; Salsa Nabilani; Amelia Vega; Sann Satriatama
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

One of the main sources of food for Indonesians is rice. To ensure food security and price stability of rice, the government established an agency called Perum Bulog. Perum Bulog carries out food procurement through grain sales, grain milling supplies, and rice sales. However, in reality, the agreement between Perum Bulog and its partners is inseparable from various challenges and problems. One of them is a default committed by a partner who has an agreement with Perum Bulog. In this research, the problems discussed are Perum Bulog's legal efforts to deal with partner defaults and the directors' responsibility for losses suffered by PERUM BULOG as a result of partner defaults. The purpose of this article is to find out the legal efforts of Perum Bulog for the legal action of default committed by the partner, to analyze the responsibility of the board of directors for the losses suffered by Perum Bulog due to the default of the partner. The method used in this article is normative juridical method and the specification is descriptive analytical. The data source used consists of secondary data which can be divided into primary legal materials and secondary legal materials. The data collection used in the analysis in this article is literature and documentary. The data analysis technique in this research is processed through qualitative analysis. According to the research, the Board of Directors of Bulog has taken legal action based on Article 1243 of the Civil Code to make a statement of acknowledgment of debt by CV Mulyo Santoso and file a claim for compensation to the previous Board of Directors of Bulog. In addition, based on Article 100 Paragraph 2 of Government Regulation No. 13/2016 and Article 97 of the Company Law, the Board of Directors of Bulog can be asked to compensate for the agreement made if it is proven that there is a loss arising from their fault.

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