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INDONESIA
Acta Comitas
Published by Universitas Udayana
ISSN : 25028960     EISSN : 25027573     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 14 Documents
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Search results for , issue "Vol 7 No 03 (2022)" : 14 Documents clear
Pengaturan Keberlakuan Surat Izin Usaha Perdagangan Bagi Pelaku Usaha E-Commerce Made Ary Suta; I Wayan Wiryawan
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p1

Abstract

The purpose of this study is to examine the regulation of Trading Business Licences towards e-commerce business actors and the legal consequences that arise when e-commerce business actors do not have a Trading Business Licenses. The approach method used in this article is normative legal research wuth statute and conceptual approaches. The results show that e-commerce business actors are required to have a Trading Business Licenses in the form of SIUPMSE as stipulated in Government Regulation Number 80 of 2019 and Minister of Trade Regulation Number 50 of 2020 while legal consequences that arise for e-commerce business actors with no SIUPMSE will be subject to criminal sanctions as regulated in Article 46 Section 34 Chapter III of the Job Creation Law which amends the provisions of Article 106 of the Law on Trade in the form of imprisonment for a maximum of 4 (four) years or a fine of a maximum of Rp. 10,000,000,000.00 (ten billion rupiah) and administrative sanctions based on Article 80 paragraph (2) of Government Regulation Number 80 of 2019 and hereinafter specifically regulated in Article 44 paragraph (2) of the Regulation of the Minister of Trade Number 50 of 2020.
Pemaknaan Frasa “Untuk Sementara Berhalangan Menjalankan Jabatan” Dalam Undang-Undang Jabatan Notaris W Ida Junana; Pande Yogantara S.
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p6

Abstract

The purpose of this paper is to find out and examine the meaning of the phrase "temporarily unable to carry out his position as a Notary" and also to find out and examine the legal consequences for a Notary who is temporarily unable to carry out his position. The legal research method in this journal uses normative legal research, with a statutory approach and a conceptual approach. law. Based on the results of the study, the phrase "temporarily unable to carry out his position as a Notary" can be interpreted as being unable to do so due to overmacht conditions and unable to do so because the Notary holds positions as civil servants, state officials, advocates, or other positions. For a Notary who is temporarily unable to carry out his position, he can apply for leave with a maximum total leave of 12 (twelve) years. As for those who cause legal consequences, if the Notary does not apply for leave, he will be subject to sanctions in the form of respectful dismissal. However, the UUJN/UUJN-P does not stipulate sanctions if the Notary is on leave for more than 12 (twelve) years.
Akibat Hukum Pengaturan Bukti Pendaftaran Dalam Pengesahan Pendirian Perseroan Terbatas Berdasarkan Undang-Undang Cipta Kerja I Gusti Agung Ayu Astri Nadia Swari; I Gede Yusa
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p11

Abstract

The purpose of this study is to determine and analyze the legalization of the establishment of a limited liability company and the legal consequences of the decree of the Minister of Law and Human Rights concerning the legalization of the legal entity of the establishment of a limited liability company against the Job Creation Act. This legal research is a normative legal research in which an assessment of the applicable laws and regulations is carried out and uses secondary data as the main data. Based on the results of the research, the following conclusions can be formulated: (1) The regulation on the legalization of a Limited Liabilty Company legal entity based on the Job Creation Act Article 109 Paragraph (2) which stipulates that the Company obtains the status of a legal entity after being registered with the Minister and obtaining proof of registration is valid; and (2) The process of ratification of Limited Liabilty Company is not effectively implemented in the mechanism of legalization of a legal entity of Capital Alliance Limited Liabilty Company which can cause the establishment of a legal entity of Limited Liabilty Company to become null and void.
Model Perjanjian Bisnis Kreatif Usaha Mikro, Kecil, Menengah dan Start-Up Berbasis Paid Promote: Era Hyper-Connected Society Putu Aras Samsithawrati; I Gede Agus Kurniawan; Ni Ketut Supasti Dharmawan
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p2

Abstract

The purpose of this paper is to elaborate on the agreement model and important clauses related to business development based on paid promotion on social media in the era of a hyper-connected society that is beneficial for all parties. This paper uses a normative legal research method with a statutory, conceptual, and analytical approach. The electronic-based business development agreement model of paid promotion on social media in the era of a hyper-connected society can be categorized as a creative variant of a service agreement. Although the tendency in business development with paid promotion on social media is in the form of standard contracts, in the context of an agreement that is legal, fair, and beneficial for the parties, the characteristics of the paid-promote agreement model become relevant to be stated in the form of agreement clauses. Those are the obligation to upload content, obligation to pay promotion fees, uploaded content, amount of uploaded content, the precise time to upload content, duration of displaying uploaded content, number of followers on social media, price, promotion fees, payment mechanism, period and expiration of paid promote agreement, the event of default, as well as dispute resolution. Accuracy in elaborating the elements of the agreement and their detailed placement in firm clauses leads to legal certainty, expediency, and reduces legal risks, especially for Micro, Small, and Medium Enterprises and start-up businesses who are just starting to develop their business by using paid-promote agreement model in the hyper-connected era as an alternative.
Perbuatan Melawan Hukum Notaris Dalam Pembuatan Akta Perjanjian Pinjam Nama Oleh Warga Negara Asing I Gusti Agung Ayu Sri Wulandari; Made Gde Subha Karma Resen
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p7

Abstract

The purpose of writing this research is to examine and analyze the actions of a Notary who makes a deed of a loan agreement in the form of an authentic deed whether it can be categorized as fulfilling the elements as an act of unlawful acts and to examine and analyze the position of the deed if it is used as evidence in court. This writing uses a normative legal research method by reviewing the Denpasar District Court Decision Number 82/PDT.G/2013/PN.DPS and related regulations in entering into loan agreements, applying the statutory and case approach, and using materials secondary law then the results are described descriptively. The results of the study show that the Notary's action in making the Deed of Borrowing Name Agreement as ownership of land rights by Foreign Citizens fulfills the element of an unlawful act that is contrary to the obligations of the perpetrator, and the position of the name borrowing agreement deed which is used as evidence in court does not have perfect evidentiary power and only as evidence under the hand, so that the name borrowing agreement is null and void, but the proof of a deed before the court is submitted to the judge according to the principle of Res Judicata Pro Veritate Habetur which means that the judge's decision must be considered correct
Keabsahan Hak Tanggungan Elektronik Yang Terbit Tanpa Adanya Pemeriksaan Oleh Pejabat Yang Berwenang I Gusti Ayu Hary Swandewi; I Wayan Novy Purwanto
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p12

Abstract

This study aims to determine the validity of electronic-based mortgages that are issued, without any prior inspection. This article used a normative legal research methodology focusing on positive law. The findings of this study lead to the provisions of the National Land Law that the only guarantee for land in Indonesia is mortgage rights. 'Property rights, Business Use Rights, Building Use Rights, and use rights over state land' are among the land rights that can be encumbered with mortgage rights. These rights must be registered according to their terms and can be transferred according to their nature because the Head of the Office at the Land Office, or an officer that has been given the authority is administratively responsible for e-Mortgage and its services that are issued without inspection. With the inclusion of the digital signature, the signature has the same legal force and consequences as the signature of an authorized official which is done manually. The validity of the e-Mortgage issued without any inspection by the competent authority is the same as the e-Mortgage issued after the examination.
Perlindungan Konsumen PT. Indonesia Air Asia Terkait Pembatalan Tiket Penerbangan Ditinjau Berdasarkan Undang-Undang Perlindungan Konsumen Shafira Tri Gurnita
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p3

Abstract

This study aims to determine the form of protection for PT Indonesia Air Asia passengers who are victims of flight ticket cancellations and legal remedies that can be taken by passengers based on the perspective of consumer protection law. This study uses a normative research method with a statutory approach through access to data that is not limited to books, but also articles and journals, as well as other literature related to the problem under study. The results of the study and the conclusions obtained from this study are that legal protection for consumers of PT Indonesia Air Asia is guaranteed in Article 7 of Law Number 8 Year 1999 concerning Consumer Protection that consumers are entitled to compensation due to flight ticket cancellations. If this compensation is not carried out, PT Indonesia Air Asia may be subject to administrative sanctions. The settlement efforts that can be done by consumers can be in the form of non-litigation and litigation.
Legalitas Penggunaan Sidik Jari Elektronik dan Tanda Tangan Elektronik Terkait Keabsahan Akta Notaris Anak Agung Ayu Sisthayoni; I Gede Pasek Eka Wisanjaya
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p8

Abstract

The purpose of this study is to determine the arrangement of fingerprints and electronic signatures in the creation of a notary deed as well as the legality of the fingerprint and electronic signature in relation to the notary deed's validity. In order to address the issue of ambiguity in norms, this research used a normative legal research methodology based on primary, secondary, and tertiary legal sources that were obtained through document study techniques and examined using content analysis techniques and argumentative tactics. The research in this paper shows that the use of fingerprints and electronic signatures on the minutes of notary deeds is not specifically regulated by the laws and regulations nowadays. As a result, the application of fingerprints and electronic signatures is unclear and their legality is put into question, which will affect the authenticity of the notary deed. Authentic deeds cannot be made in electronic form and cannot be taken into consideration as legal evidence, according to Article 5 Paragraph 4 of Law Number 11 of 2008 concerning Electronic Information and Transactions.
Kedudukan Masyarakat Hukum Adat Dalam Proses Hak Tanggungan Yang Objeknya Bersumber Dari Tanah Ulayat I Gde Anriz Madha; I Gusti Agung Mas Rwa Jayantiari
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p4

Abstract

The purpose of this study is to analyze the position of customary law communities in the process of placing Mortgage Rights on Ulayat Land and legal provisions related to the placement of Mortgage Rights on Customary Law Community Land. This research uses normative legal research with a statutory and conceptual approach. The results of the study show that the process of placing mortgage rights on ulayat land in customary law communities has consequences in the form of obligations as managers and rights obtained in the form of results obtained from these management rights. Upon the placement of management rights, the authority to use it itself arises and land rights can be granted which are the object of the Mortgage Rights.
Tanggung Jawab Pemegang Saham Perseroan Terbatas di Indonesia Menurut Hukum Positif Indonesia Maria Wulan Sistiya Astari; I Dewa Ayu Dwi Mayasari
Acta Comitas Vol 7 No 03 (2022)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2022.v07.i03.p9

Abstract

The purpose of this paper is basically to know and understand in more detail the responsibilities of the shareholders of a limited liability company. This research uses a normative research method using a statue approach and conceptul aprroach. The result of the research is that the Company as a legal entity has assets that are separate from its shareholders. This separation of assets is also accompanied by limited liability. Shareholders of the company have limited liability the provisions regulated under Article 3 paragraph (2) of the Company Law in which shareholders with limited liability can change to unlimited if the shareholders commit bad faith which then causes the limited liability to change to unlimited so that the personal assets of the shareholders are not separated from the assets of the limited liability company.

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