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EKSISTENSI WARALABA (FRANCHISE) MENURUT PERATURAN PEMERINTAH NO. 42 TAHUN 2007 SEBAGAI PERJANJIAN INNOMINAAT Asuan, Asuan
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Faculty of Law, University of Palembang

This research with normative juridical method. The juridical approach is the approach to the problem by looking in terms of the prevailing laws and regulations regarding the law of the treaty, the existence of Franchise (franchise) according to Government Regulation no. 42 of 2007 as an Innominaat Agreement ". Normative is an approach that uses secondary data with the preparation of a conceptual framework. Normative research is conducted to obtain legal materials in the form of theories, concepts and legal principles derived from the literature in the form of Laws, Government Regulations, Civil Code and the literature-literature, lecture materials and other sources related to problems. By using legal materials such as primary legal materials, secondary legal materials and tertiary legal materials. Result of research: franchise agreement is one of agreement form which involves franchisor as franchisor, franchisee who accept franchise, and Department of Industry and Trade fostering franchise industry. This legal relationship creates rights and obligations that are binding on the franchisor and franchisee. The franchise agreement includes an unnamed agreement (innominat agreement) governed outside the Civil Code. In violation of the franchise agreement the dispute settlement can be done through a court (lawsuit), a musyawara and or through an arbitration body regulated by Law of the Republic of Indonesia Number 30 Year 1999 on Alternative Dispute Settlement and Arbitration. While the legal sanction in violation of franchise agreement is regulated in Article 16 of Government Regulation Number 42 Year 2007 where legal sanction in the form of administrative sanction is done through 3 (three) stages, giving written warning, fine and / or revocation of registration letter of franchise.

PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Asuan, Asuan
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

PERLINDUNGAN HUKUM TERHADAP PEKERJA BERSTATUS PERJANJIAN KERJA WAKTU TERTENTU (PKWT) MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Asuan, Asuan
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

This study is a normative juridical approach with an approach to problems that see in terms of applicable laws and regulations, especially regarding labor law / labor. This study uses secondary data with the preparation of a conceptual framework, to obtain legal materials in the form of theories, concepts and legal principles obtained from the literature, among others, books, documents, articles, and other literature. Legislation, namely Law No. 13 of 2003 concerning Labor, the Civil Code and other legal regulations relating to problems. The results of the discussion, namely the protection of workers with an inter-time employment agreement (PKWT) according to Law Number 13 of 2003 concerning Employment, namely: Protection of work hours namely 7 (seven) hours in 1 (one) day and 40 hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours in 1 (one) day and 40 hours 1 (one) week for 5 (five) working days in 1 (one) week. (Article 77 paragraph 1); Protection against wages, namely provincial minimum wages and district / city minimum wages (Article 88 paragraph (3) letter a); protection of welfare, that is workers / laborers and their families have the right to obtain social security workers. and includes family planning services, child care, workers' housing, worship facilities, sports facilities, canteen, health, recreation and the establishment of cooperative facilities, of course the provision of these facilities is carried out with the company's ability (Article 99 paragraph 1 and 100 verses 1 and 2) , and Protection of Social Security, namely the Social Security Program includes collateral for death, work accident insurance, old age guarantee and health care guarantee (article 99). The constraints in legal protection of workers in certain time work agreements (PKWT) are related to regulations, relating to work agreements and related to supervision

TRANSAKSI PERBANKAN MELALUI INTERNET BANKING Asuan, Asuan
Solusi Vol 17 No 3 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Internet banking is one of the bank's services to customers to obtain information, communicate and conduct banking transactions through the internet network, the implementation of which customers already have a bank account, ATM and User ID and PIN to conduct banking transactions through internet banking based on article 1320 and 1338 Civil Code. Act Number 10 of 1998 concerning Banking in article 5 concerning types of banks, namely commercial banks and people's credit banks and article 40 regarding bank secrecy, including matters of banking transactions through internet banking and legal protection provided by banks regarding the confidentiality of customer data. Disputes on banking transactions through internet banking (banks and debtors) can be resolved by referring to agreements agreed upon by the parties, dispute resolution can be done through court (litigation) or outside the court (non-litigation) based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in article 6 concerning general disputes that can be resolved through arbitration.

IMPLEMENTASI HAK SUBROGASI PERUSAHAAN ASURANSI TERHADAP KENDARAAN YANG DI ASURANSIKAN Asuan, Asuan
Solusi Vol 16 No 1 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Approach in normative juridical research, because that legal research is a process to find the rule of law, the principles of law, as well as to address the legal issues faced. Therefore, this type of research is normative with respect to principles and norms in the implementation of subrogation in insurance agreements. In writing with primary and secondary data obtained from literature materials in the form of Act, Perasuaransian, Government Regulation, Civil Code, Trade Codes and literature, lecture materials and other sources related to insurance and problems in particular. The responsibility of the insurance company on the basis of a subrogation right against the insured's loss arising from a third party's mistake, the insurer shall indemnify the insured under the principle of utmost good faith, pursuant to the motor vehicle insurance agreement provided that the insurer is not informed that the losses suffered by the insured are solely not from a third party error. Forms of protection against insurers on the insured who violate the right of subrogation by demanding compensation for the insurer and the third party that the insurer or the insurer can claim back to the insured at any time as long as it is true that the insured has demanded compensation for the third party and at the same time demanding claims against the insurer and the insured is obliged to return some compensation that has been obtained from the insurance claim of insurance vehicles provided, in accordance with the principle of balance or indemnity principle.

EFEKTIVITAS MODEL PROBLEM BASED LEARNING DAN MAKE A MATCH DALAM PEMBELAJARAN TEMATIK KELAS V SD NEGERI SIDOREJO LOR 04 YANG DITINJAU DARI KETERAMPILAN BERPIKIR KRITIS Asuan, Asuan; Mawardi, Mawardi; Wardani, Krisma Widi
International Journal of Elementary Education Vol 3, No 3 (2019)
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/ijee.v3i3.19408

Penelitian ini bertujuan untuk mengetahui efektivitas penerapan model Problem Based Learning dan Make A Match dalam pembelajaran Tematik siswa kelas 5 SD Negeri Sidorejo lor 04 dan SD Negeri Sidorejo lor 05 ditinjau dari keterampian berpikir kritis. Subyek dalam penelitian ini adalah siswa kelas 5 SD Negeri Sidorejo Lor 04 sebagai kelas eksperimen dan SD Negeri Sidorejo Lor 05 sebagai kelas kontrol. Jenis penelitian ini adalah penelitian quasi experiment jenisPretest-Posttest Control Group Design merupakan jenis design yang dipilih. Sampel yang diambil adalah 72 siswa. Hasil penelitian menunjukkan bahwa penggunaan model pembelajaran Problem Based Learning dan Make A Match dapat meningkatkan keterampilan berpikir kritis dalam menyelesaikan soal pada mata pelajaran Tematik di kelas 5 SD Negeri Sidorejo Lor 04 dan SD Negeri Sidorejo Lor 05. Hal tersebut dapat dibuktikan dari meningkatnya keterampilan berpikir kritis siswa dari kelas eksperimen 74,21 (cukup kritis) daan kelas kontrol yaitu 60,82 (tidak kritis). Dari uji Ancova pada muatan Bahasa Indonesia 1,570 taraf signifikansi atau probabilitas 0,214. Oleh karena probabilitas 0,214. Oleh karena probabilitas 0,214 > 0,05, maka Ho diterima, dan Ha ditolak. Sedangkan pada muatan Ilmu Pengetahuan Alam F hitung 0,334 taraf signifikansi atau probabilitas 0,565, maka Ho diterima dan Ha ditolak. Artinya model Problem Based Learning lebih efektif secara signifikan dari pada model Make A Match ditinjau dari keterampilan berpikir kritis Tematik pada peserta didik kelas 5 SD Negeri Sidorejo Lor 04 dan SD Negeri Sidorejo Lor 05.

PENYELESAIAN TERHADAP DEBITUR WANPRESTASI DALAM PERJANJIAN GADAI Asuan, Asuan
Solusi Vol 18 No 1 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i1.254

The problem of this research is how the default in the pawn agreement and settlement of the debtor default in the pawn agreement according to the Civil Code. One type of guarantee for movable objects is a pawn given to guarantee a bill or credit that is regulated in article 1150 of the Civil Code (Civil Code). Default is not fulfilling something that is required as specified in the agreement. Debtor defaults in a pawn agreement according to Article 1234 of the Civil Code, that one of the defaults is caused by not doing what he is promised to do. Article 1238 of the Civil Code states that the debtor is considered negligent with the passing of the time limit specified as stated in the Credit Proof (SBK) approved by the debtor and creditor, in a pawn agreement there is a need for a warning or reprimand / summons. Settlement of default debtors in the pawn agreement according to the Civil Code is contained in article 1156 paragraph 1 and 2, namely through auctions of pawning goods generally called direct execution (parate execution) and submit a claim through the local District Court in accordance with where the debtor entered into a pawn agreement.

DEPOSITO SEBAGAI JAMINAN KREDIT BERDASARKAN UNDANG-UNDANG PERBANKAN Asuan, Asuan
Solusi Vol 18 No 3 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i3.309

Time deposit is a banking product, namely customers who deposit their money within a certain period of time in a bank (according to the agreement between the customer and the bank), which earns deposit interest. Deposits as collateral in the credit agreement between the debtor / customer and creditor / bank. in the provision of credit which may not exceed 95% of the value of deposits with a credit period of 60 months at the longest, based on Article 1 point 7 of Law Number 10 of 1998 concerning Banking. If there is a default based on article 1238 of the Civil Code, then the creditor as the credit provider commits legal actions, namely warning letters, summons and execution and settlement through a lawsuit to the Court, then through the State Receivables Affairs Committee and the State Receivables Affairs Committee based on Law Number 49 of the Year 1960 Concerning the Committee for State Receivables Affairs.

SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DALAM PERJANJIAN KREDIT Asuan, Asuan
Solusi Vol 19 No 1 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i1.329

Power of Attorney Charging Mortgage Rights (SKMHT) the provision of credit / credit agreement (principal agreement) in a written agreement and the debtor with the creditor's approval, which guarantees the form of land rights and power of attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) ). The power of attorney is special and authentic which must be made before a Notary or PPAT based on the provisions in Article 15 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights. Barriers to the issuance of Power of Attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) are very expensive / high costs and the land of the SKMHT object is not yet a land title certificate / has not been registered at the National Land Agency office.

PERLINDUNGAN HUKUM LELANG EKSEKUSI HAK TANGGUNGAN Asuan, Asuan
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.365

Parate Executie or direct execution, namely the execution of mortgage rights which is carried out by selling the object of the mortgage right by the holder of the first mortgage on his own power through a public auction and taking the payment of the debt from the sale proceeds. Protection of mortgage auction has actually been carried out in a preventive manner by the State Wealth and Auction Service Office (KPKNL) because prior to the auction, KPKNL notifies the auction participants regarding the documents, conditions and conditions of the object to be auctioned in truth and as it is as well as the consequences and risks that may arise from the auction object. Regarding repressive protection, namely efforts to obtain legal protection through judicial bodies and obstacles to implementation, there is no agreement on the price of the object being auctioned.

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