Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan (JIPPK, P-ISSN: 2528-0767 and E-ISSN: 2527-8495) contains research articles, the study of theory and its application. Published periodically twice a year in June and December. Jurnal Pendidikan Pancasila dan Kewarganegaraan is published by the Laboratory of Law and Citizenship Department of Universitas Negeri Malang in cooperation with the Asosiasi Profesi Pendidikan Pancasila dan Kewarganegaraan (AP3KnI).
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<![CDATA[Perlindungan Hukum bagi Bank sebagai Pemegang Jaminan Hak Atas Tanah dan Bangunan Milik Debitur yang Disita oleh Komisi Pemberantasan Korupsi (KPK) ]]>
<![CDATA[Abraarsyah, Abraarsyah]]>;
<![CDATA[Sukarmi, Sukarmi]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p196-201
<![CDATA[This study aimed to analyze legal protection for banks as holders of legal guarantees for land and buildings owned by debtors that were confiscated by the Corruption Eradication Commission (KPK). The research used juridical-normative type. The research used statute approach, conceptual approach, and case approach. This study used domain analysis techniques. The results showed that if the KPK confiscated the land and / or buildings of the debtor owner, the Bank, as the holder of the guarantee of the rights to the land and buildings, would receive legal protection both preventively and repressively. ]]>
<![CDATA[Beyond Civilizational Dilague, Nipponshi: Ruang Lingkup Identitas Nasional Bangsa Indonesia ]]>
<![CDATA[Adha, Muhammad Mona]]>;
<![CDATA[Susanto, Erwin]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p340-347
<![CDATA[Japanese culture is highly respected and maintained by its citizens. This study aimed to discuss the existence of Japan between 1944 and 1985 and the national identity of the Japanese people. The study used a non-interactive qualitative approach. This study used a non-interactive qualitative research approach, identified and researched concepts, then analyzed data and information about the history and existence of the Japanese nation including its development globally in the midst of international life. Japan, between 1944 and 1985, had entered a new era after the human tragedy, namely the bombing of Hiroshima and Nagasaki. Since the tragedy, Japan had undergone significant changes, namely better infrastructure. Besides, the Japanese were increasingly realizing that they were actually part of Asia. On this basis, the Japanese were called the Neoppons or the New Japanese. Japan’s unique national identity was reflected in the wa-ism philosophy, which was a concept of harmony between individuals and members of society.]]>
<![CDATA[Penyelesaian Sengketa Perbatasan Darat di Segmen Bidjael Sunan Oben antara Indonesia dan Timor Leste ]]>
<![CDATA[Sudika Mangku, Dewa Gede]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p252-260
<![CDATA[This study aims to analyze the settlement of land border disputes in the Sunan-Oben Bidjael Segment between Indonesia and Timor Leste based on international law. This research is a normative study that uses a statutory editor. The results of this study indicate that both Indonesia and Timor Leste have formed a Joint Border Committee as a forum for resolving land boundary disputes which was then continued to form the Technical Sub-Committee on Border Demarcation and Regulation (TSC - BDR) which has agreed to use the Convention for the Demarcation of Portuguese and Dutch Dominions on the Island of Timor 1904 (Treaty 1904) and Permanent Court of Arbitration 1914 (PCA 1914) as the legal basis for determining and confirming land boundaries between Indonesia and Timor Leste. Based on the 2005 Provisional Agreement Article 6 point (b), which implies that local communities, in this case, indigenous peoples / traditional leaders at the borders are given space to be involved in the dispute resolution process that occurs on the border of the two countries by promoting peaceful and non-violent methods in accordance with Article 8 Provisional Agreement 2005. Whereas the people who inhabit West Timor (Indonesia) and the people who live in East Timor (Timor Leste) have the same socio-cultural background, so it can be ascertained that the customary law system that applies in these two groups of people the same. The substance of the customary law can regulate land issues, as well as the boundaries of customary territories, the potential for customary leaders to actually play a negotiating role to resolve these problems.]]>
<![CDATA[Essential Facilities Doctrine Untuk Membatasi Hak Eksklusif Paten ]]>
<![CDATA[Pramoediyanto, Fidyani Leirta]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p389-397
<![CDATA[This study aimed to discuss the exclusive rights of patents and the efforts to limit them through freedom of fair business competition. The study used normative legal research methods with a statutory approach and a conceptual approach. Data analysis was descriptive analysis. The results showed that the exclusive rights in patents were limited by several provisions to eliminate fair business competition. An exclusive right to a patent owner was a patent right was to use the patent and prohibits other parties from using, producing, distributing, selling, leasing or otherwise without the permission of the patent owner. Patents were limited to a period of 20 years after which they could be used by the public. Restrictions on patents as intellectual property by considering account aspects of public interest, public order, morals and religious morals. The essential facilities for doctrine were one of the efforts to overcome the abuse of exclusive rights, namely by requiring business actors to give opportunities to their competitors to use these important facilities owned by patent holders.]]>
<![CDATA[Perlindungan Hukum Bagi Debitur Dari Kerugian Akibat Perjanjian Kredit Yang Tidak Sesuai Dengan Offering Letter ]]>
<![CDATA[Dwi Lestarini, Geri]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p304-313
<![CDATA[This study aimed to analyze legal protection for debtors who experienced losses due to the credit agreement which was different from the offering letter. The credit agreement was a principal agreement that governed the rights and responsibilities between creditors and debtors. This study was a normative juridical study, which was then analyzed using descriptive qualitative methods. The search results showed that the bank includes a standard clause in the credit agreement deed, which was different from the offering letter. The existence of these standard clauses violated applicable regulations and prejudiced the debtor. There was legal protection both preventive and repressive provided by laws and regulations for protecting debtors from losses due to standard clauses that were not in the offering letter.]]>
<![CDATA[Perlindungan Hukum bagi Konsumen atas Pencantuman Klausula Eksoner dalam Bisnis Pinjam-Meminjam Uang Berbasis Teknologi Informasi di Indonesia ]]>
<![CDATA[Rahmawati, Intan Ayu Yulia]]>;
<![CDATA[Yuliati, Yuliati]]>;
<![CDATA[Santoso, Budi]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p202-212
<![CDATA[The purpose of this study is to analyze the legal basis for consumer protection and forms of consumer protection for the inclusion of exoneration clauses in financial technology peer to peer lending. This paper uses normative juridical methods for reviewing and analyzing the application of rules, regulations, and positive legal norms contained in the legislation. The analysis technique uses analytical prescriptive. The results of the study show that there are currently three regulations relating to consumer protection of Financial Technology Peer to Peer Lending in Indonesia, i.e. the Consumer Protection Act, Financial Services Authority Regulation Number 77/ POJK.01/2016 concerning Financial Technology Peer to Peer Lending, and the Law Number 11 of 2008 concerning Information and Electronic Transactions. The form of consumer protection for consumers over financial technology peer to peer lending with addition of clause exoneration is to impose sanctions on the organizer in the form of warning letters, fines, restrictions on business activities, and revocation of licenses granted by the Financial Services Authority. If through giving sanctions the consumer still feels disadvantaged, the consumer can resolve the problem through the District Court or outside the court by the Consumer Dispute Resolution Board.]]>
<![CDATA[Ratio Decidendi Putusan Mahkamah Agung Nomor 2290K/PDT/2012 Tentang Pinjam Meminjam Uang Dengan Surat Pengakuan Utang dan Kuasa Menjual ]]>
<![CDATA[Syauqi, Ahmad]]>;
<![CDATA[Bakri, Muhammad]]>;
<![CDATA[Permadi, Iwan]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p348-359
<![CDATA[Tthis study aimed to analyze the validity of debt recognition letters and selling authorities (evidence P-2 and evidence P-3), the basis for judges’ considerations, and the legal consequences of the Supreme Court Decision Number 2290 K/Pdt/ 2012 for debtors and creditors. The method used in this study was normative juridical research with a statutory approach and a case approach. The results of the systematic interpretive analysis showed that the debt recognition letter (evidence P-2) and selling authorities (evidence P-3) in the Supreme Court Decision Number 2290 K/Pdt/ 2012 could be declared invalid. Juridically, the judges’ considerations were considered insufficient in examining the truth of the events in the Supreme Court Decision Number 2290 K/Pdt/2012. The legal consequences that occurred after the verdict, the creditor could have collateral for the land-based on an invalid debt acknowledgment but legalized by the panel of judges in the decision. The legal consequence for the debtor, the legal action to defend the land that was carried out by him was considered an act against the law]]>
<![CDATA[Kajian Komparatif Sistem Among dan Metode Montessori ]]>
<![CDATA[Rohmatu, Habibah Pidi]]>;
<![CDATA[Awaliyah, Siti]]>;
<![CDATA[Sukriono, Didik]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p261-270
<![CDATA[This article aims to discuss the similarities and differences in the systems of thinking among and the Montessori method. This study uses a historical-comparative research approach. The results obtained are the basic equations of the system among and Montessori regarding the concept of education for an independent spirit and access to education for people from various socio-economic strata. The background for the formulation of the Among system is to achieve Indonesian independence through education. Montessori created a method of renewing education for Rome’s poorest children. The difference between the two is a classical concept. The among system uses a classical system like schools in general with the same methods, materials, and activities carried out by children. The Montessori method makes the class just a gathering place, children are free to carry out various activities according to their interests. The among system is developed for children, adolescents, and adults to train their senses and play their own children. The Montessori method was developed for early childhood education, which is more concerned with the development of the senses.]]>
<![CDATA[Implikasi Penetapan Darurat Masa Covid-19 Sebagai Keadaan Force Majeure Pada Perjanjian Sektor Pariwisata ]]>
<![CDATA[Yogahastama, Riesta]]>;
<![CDATA[Fajar, Moh. Ibnu]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p398-409
<![CDATA[This study aimed to determine the implications of force majeure due to the Covid-19 pandemic on tourism sector agreements. This study used a sociological juridical approach. This research emphasized secondary sources of material, both field data, conditions in the field, and the form of regulations and legal theories. The results showed that the impact during the pandemic and the new normal was very significant. The factor that caused force majeure to take effect in the tourism sector in the Madura island region at the time of the Covid-19 epidemic was an excuse for not being able to fulfill obligations due to the disappearance of objects or destinations that are the subject of the agreement. The impact was arising from the imposition of force majeure on the tourism sector agreement in the Madura region during the Covid-19 pandemic, the tourism sector business actors canceled the agreement unilaterally by causing losses to the tourism sector business actors.]]>
<![CDATA[Perlindungan Hukum Terhadap Bank Pembayar Talangan Haji ]]>
<![CDATA[Muhammad, Ilyas]]>;
<![CDATA[Winarno, Bambang]]>;
<![CDATA[Safaat, Rachmad]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i2p314-323
<![CDATA[This study discusses legal protection for banks with the status of BPS BPIH in curbing haj bailout financing that has passed the provisions of the Indonesian Ministry of Religion, in Article 12A paragraph (3) of the Regulation of the Minister of Religion Number 24 of 2016 which formulates “In the event that there are still haj bailout funds has not been resolved after the deadline as referred to in paragraph (2) the portion number for Pilgrims is still active ”. This study uses a normative juridical method with a statutory approach and a conceptual approach. The result is legal protection for BPS BPIH in obtaining its right to obtain certainty of repayment of funds for financing the status of the portion of the hajj is still active as regulated in Article 12A paragraph (3) of the Regulation of the Minister of Religion Number 24 of 2016. The formulation of the settlement of haj bailout financing through the fulfillment of formal requirements the formation of legislation by involving the financial services authority in the company, and the material requirements, namely by accommodating the rights of all stakeholders of haj bailout financing.]]>
