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ANALISIS HUKUM DALAM GUGATAN PERBUATAN MELAWAN HUKUM TERHADAP PERJANJIAN PINJAM MEMINJAM UANG (Putusan Mahkamah Agung Nomor 1872 K/Pdt/2017) Grace Rumiris Gultom; Wiwik Sri Widiarty; Rr.Ani Wijayati
to-ra 2021: Februari (Special Issue)
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

In society there are many agreements, one of which is lending and borrowing money, which is a legal relationship because the relationship was born based on an agreement. The lending and borrowing relationship can be done with an agreement between the borrower and the lender as outlined in the form of an agreement, but in practice the contents of the agreed agreement cannot always run in accordance with the applicable provisions. In certain conditions, various things can be found which result in Acts against the Law. The issues examined in this paper are what is meant by acts against the law in the Civil Code and how judges consider the evidence of illegal acts against borrowing and lending agreements (Supreme Court Decision Number 1872 K / Pdt / 2017). The research method in this writing is literature research or normative legal research obtained by reading, quoting, copying and analyzing legal principles, legal theories, doctrines, applicable regulations and court decisions that have permanent legal force. The result of research in this paper is that the definition of an act against the law in Article 1365 of the Indonesian Civil Code is: "Every act that violates the law and brings harm to another person, obliges the person who caused the loss due to his mistake to compensate for the loss", and in the Supreme Court Decision No. 1872 K / Pdt / 2017, the judge stated that the land and buildings with Building Use Rights Certificate Number 1776 / Bendungan Hilir had belonged to Plaintiff II and until the lawsuit was registered, the Defendants were not willing to vacate and surrender the land and buildings based on the Vaccination Agreement Deed Number 84 Date 23 November 2012 to Plaintiff II, the conclusion of this writing is that the Defendants were declared to have committed an illegal act. Keywords: Agreement, Sale and Purchase Deed Binding Agreement, Actions Against The Law
The Government's Role in Protecting Consumer Rights Wiwik Sri Widiarty
Journal of Governance Volume 7 Issue 2: (2022)
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31506/jog.v7i2.15387

Abstract

The development of banking technology is currently undergoing changes in various fields, especially in internet banking service products. The situation requires everyone to move quickly, not least in the banking sector. This information technology adds value to consumers as service users by allowing them to transact using electronic banking in their daily activities. It is essential to place consumers as users of internet banking services whose rights need to be protected. The government is protecting consumer rights as users of electronic banking services by issuing Consumer Protection Laws and Banking Laws as a legal basis to provide security, convenience, and information rights in online transactions guaranteed by the State. The formulation of the problem in this study is how the government regulates consumer rights for internet banking service products and what the government's role is in providing consumer protection for internet banking service products. This research uses normative juridical research, namely research that focuses on library studies. The part of the government is essential in protecting the community and as a coach for business actors in improving the industrial world and the country's economy.
PENYULUHAN TENTANG PEMANFAATAN BAMBU UNTUK MENDUKUNG EKONOMI RUMAH TANGGA DI DESA MADANG, PURWAKARTA, JAWA BARAT Chontina Siahaan, Erni Murniarti, Wiwik Sri Widiarty, Mompang Panggabean, Anny Murniaty, Sorta Febri; Ariyani Nathasya
Jurnal Pengabdian Pada Masyarakat MEMBANGUN NEGERI Vol 5 No 2 (2021): Jurnal Pengabdian Kepada Masyarakat Membangun Negeri
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/pkm.v5i2.1575

Abstract

Salah satu hasil hutan di Indonesia adalah pohon bambu yang banyak tumbuh diberbagai daerah di Indonesia. Pohon bambu, masih ada yang belum dikelola dengan baik khususnya di Desa Madang, Purwakarta, Jawa Barat. Tujuan Pengabdian kepada Masyarakat (PkM_ ini adalah untuk memberi penyuluhan kepada masyarakat Desa Madang, khususnya kepada ibu rumah tangga yang pada umumnya tidak bekerja di kantor atau di luar rumah untuk diberdayakan mengerjakan pengolahan bambu secara profesional dengan terlebih dahulu mendapat pembekalan sehingga bisa membantu perekonomian rumah tangga. Hasil identifikasi masalah yang dilakukan Tim PkM melalui penyebaran pretest, ternyata masyarakat khususnya ibu rumah tangga membutuhkan pembekalan agar mereka bisa mengolah bambu dengan baik akan tetapi mereka tidak memiliki pengetahuan dan tidak memiliki modal untuk mengolahnya. Kesimpulan Tim PkM bahwa masyarakat yang 95% adalah ibu rumah tangga berkenan dan mau mengikuti pembekalan dan berharap ada tersedia modal untuk memulai megolah bambu yang nantinya akan mereka bentuk kelompok pengolah bambu. Saran dari PkM agar pihak terkait dari instansi pemerintah bersedia memberi pembekalan tentang pengolahan bambu dan juga berkenan memberikan bantuan modal.
Intellectual Property Rights as Bank Credit Guarantee Rudolf Valentino Saragih; Wiwik Sri Widiarty
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (142.398 KB) | DOI: 10.29099/ijair.v6i1.394

Abstract

The development of banking is increasing rapidly, especially for creative economy actors based on Intellectual Property Rights that can be used as credit guarantees or bank financing. So that there is legal certainty, the government issues regulations, namely through Government Regulation Number 24 of 2022 concerning Implementing Regulations of Law Number 24 of 2019 About the Creative Economy. This research uses normative legal analysis, which is library research that examines document studies, using secondary data such as laws and regulations, namely Law Number 28 of 2014 concerning Copyright, by using qualitative analysis. This study concludes that the regulation of Intellectual Property Rights can be used as collateral for debt credit/financing to banks through Government Regulations, namely the creative economy based on intellectual property, facilities for developing a marketing system for innovative economy products based on intellectual property, such as licenses, franchises, technology transfer, brands, jointly, transfer of rights, and other forms of partnership. The application of intellectual property rights regulations as objects of bank credit guarantees has been studied by the Financial Services Authority (OJK) because they need government support to prepare and form institutions for registration. 
The Government's Role in Legal Protection of Bankrupt Creditors Timotius Tumbur Simbolon; Wiwik Sri Widiarty
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.383

Abstract

The government has issued several Laws and Regulations - Invitations to overcome the economic impact of Covid-19 due to the increasing number of bankruptcies and Suspension of Debt Payment Obligations (DPO-PKPU) in court. Therefore, the government issued a policy through Financial Services Authority (FSA-OJK) Regulation Number 48/POJK.03/2020 of 2020 concerning Amendments to FSA Regulation Number 11/POJK.3/2020 concerning National Economic Stimulus as a Countercyclical Policy Impact of the Spread of Corona Virus Disease 2019. However, previously the government had issued Law Number 37 of 2004 concerning Bankruptcy and PKPU as a form of legal protection for Bankruptcy, especially recently since Indonesia experienced the Covid-19 pandemic. In general, the economy has not been comprehensively resolved, so creditors and debtors, in solving their problems, prefer to carry out legal settlements through Bankruptcy and PKPU. In this study, there are several problems, namely, 1) What is the role of the government towards creditors under the Law on Bankruptcy and PKPU; 2) What forms of legal protection arrangements are provided for Bankruptcy? This research method uses normative or doctrinal juridical research, namely legal research that is based on or refers to the application of legal norms or norms contained in the Legislation - Invitation concerning the role of government in legal protection of Bankruptcy based on the Bankruptcy Act and PKPU.
Legal Protection For Creditors In Fiduciary Guarantee Agreements In Indonesia Heddy Kandou; Wiwik Sri Widiarty
International Journal of Artificial Intelligence Research Vol 6, No 1.1 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.1.461

Abstract

A fiduciary guarantee is one of the material guarantees known in positive law to carry out the function of a bank or creditor running its business, providing credit to its customer or debtor, and offering credit by the bank (the creditor) to its customer (the debtor), based on the ability and ability of the debtor to take debt advantage. In providing credit to customers (debtors), of course, there are conditions of a guarantee that must meet by debtors. There are problems from the results of the explanation, among others, first, legal protection for creditors in the fiduciary guarantee agreement, and second, the arrangement of fiduciary guarantee rights holders. This study uses a normative legal research method, which focuses on library studies, and this research uses a Legislation approach and is descriptive of qualitative analysis. Then from the first results, legal protection for the interests of creditors as fiduciaries is to provide definite provisions for creditors and complete data arrangements that must include in the fiduciary guarantee. Second, the performance of fiduciary rights holders in Indonesia, contained in Book II of the Civil Code, Law Number 42 of 1999 concerning Fiduciary Rights, and Law Number 4 of 1996 concerning Mortgage Rights
International Trade in Perspective Investment Law in Indonesia Andi Arif Widjaja; Wiwik Sri Widiarty
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.2.583

Abstract

Globalization has significantly changed international trade law and investment in countries like Indonesia. To improve people's welfare through international trade and foreign investment, because the more significant the output, the greater the foreign exchange that comes in, so that it becomes a source of income for the state treasury. To accelerate the national economy's growth and realize Indonesia's political and economic sovereignty, investment must be increased to transform economic potential into economic power. This study employs a normative juridical research approach, namely a procedure to identify the rule of law, legal principles, and legal doctrines about foreign commerce and investment in Indonesia. The problem of this research is 1). How is international trade regulation from the perspective of investment law in Indonesia? 2). What forms of international trade and investment are based on Law Number 25 of 2007 concerning Investment? This research resulted in the following conclusions: Regulations should be in international trade and investment, and regulations on taxes and agreements set forth by investment companies. The Forms of International Trade are divided into 2, namely bilateral trade and multilateral trade.
THE LEGAL CERTAINTY OF PIERRE CARDIN BRAND RIGHTS HOLDERS IN INDONESIA IS LINKED TO LAW NUMBER 20 OF 2016 CONCERNING BRANDS AND GEOGRAPHICAL INDICATIONS Budi Salim; Wiwik Sri Widiarty
International Journal of Artificial Intelligence Research Vol 6, No 1.1 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.1.791

Abstract

One of the results of human work is the effort to create, or process something using tools and skills, until it becomes a new product. The role of brands is very important, especially in pursuing healthy business competition.  The ability of a person named Pierre Cardin to produce designs – brand designs of various products that are loved by many people. In this study there are 2 (two) problem formulations, namely, 1). How is the legal certainty of a registered mark related to Law Number 20 of 2016 concerning Trademarks and Geographical Indications in connection with the pierre cardin brand dispute between the plaintiff and the defendant?. 2). What is the Decision of the Judiciary in relation to the trademark dispute between the plaintiff and the defendant in the pierre cardin case in Indonesia?.  While the type of research method used is normative legal research, which is a research process to find a rule of law, legal principles, and legal doctrines to answer legal issues that are being faced. The resulting conclusions are: 1. The legal certainty of registered marks is associated with Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in connection with the pierre cardin brand dispute between plaintiffs from Indonesia, and defendants from abroad, legal certainty is very clear from the 3 stages of pierre cardin lawsuits from commercial courts, cassations, and judicial review. 2. The judgments of the judicial bodies of the 3 legal judgments issued in connection with the pierre cardin suit there is one judgment that has a different opinion among the panel of judges, namely on the judgment of the cassation level.
LEGAL PROTECTION OF CONSUMERS IN INSURANCE AGREEMENTS GENERALLY AND ESPECIALLY MARINE HULL INSURANCE AS ONE OF INDONESIA'S ECONOMIC DEVELOPMENT Marihot Simanjuntak; Tumanggor Tumanggor; Bernard Nainggolan; Wiwik Sri Widiarty
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.2.792

Abstract

This study aims to determine consumer legal protection in general insurance agreements and special marine creep insurance as one of Indonesia's economic development. This research is a mixed research method (mix method), namely normative juridical and empirical juridical. Data collection techniques Primary, secondary, and tertiary legal sources are among the legal materials studied and evaluated in this normative legal study. The results of the study show that legal protection for consumers in insurance agreements and practices is generally regulated in the Civil Code, the Commercial Code, Law No. 40 of 2014 concerning Insurance Business and the Consumer Protection Act which each of these rules contains related to the legal protection of insurance agreements. Legal protection for insurance customers, the insurance (guarantor) will provide compensation to the insured (customer) in accordance with the methods and conditions contained in the policy. Against losses resulting from guaranteed risks such as property losses resulting from a hazard or disaster.
ISSUANCE OF DOUBLE CERTIFICATE OF SUPER MARIO BROS BRAND IN THE GENERAL DIRECTORATE OF INTELLECTUAL PROPERTY (Case Study Number 650 K/Pdt.Sus-HKI/2021) Rogate Oktoberius Halawa; Wiwik Sri Widiarty; Fauzan Fauzan
Jurnal Scientia Vol. 12 No. 02 (2023): Education, Sosial science and Planning technique, edition March-May 2023
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/scientia.v12i02.1426

Abstract

Business actors must apply for brand registration with a government institution where, in this case, the Directorate General of Intellectual Property Trademarks and Geographical Indications Ministry of Law and Human Rights of the Republic of Indonesia. Such shall be done so that when a product, be it goods or services, is being created and circulated in public will be protected and not claimed by another party. Registered products will have exclusive rights given by the state to the business owners. Furthermore, brands may be applied for more than one party using the same name and categories, creating a double societal brand. Such will result in legal problems and leads to dispute resolution in court. Every judge's decision should be based on the state laws to provide legal certainty for the public as the brands applied for have been through substantive examination. Therefore, for judges to hand down the decision, they should pay attention to the principles of good legislation and considerations used not only because of the well-known brand factors but also the fundamental reasons for the acceptance of the brand itself. Brand applicants are also advised to stick to something other than well-known names that have been prevalent in the public. Instead, they are advised to create and design their own brands that have selling points.