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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Al-Mursalah Proceeding International Seminar of Islamic Studies
Ida Nadirah
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Religion Arts Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Other

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PERLINDUNGAN HUKUM TERHADAP KREDITUR PENERIMA FIDUSIA AKIBAT OBJEK JAMINANNYA DISITA NEGARA MELALUI PUTUSAN PENGADILAN (Studi Putusan PT No. 315/PDT/2015/PT.MDN) Muhammad Taufik Zas; Ida Nadirah; Bachtiar Simatupang
Al-MURSALAH Vol. 6 No. 1 Januari-Juni 2020
Publisher : STAI Tapaktuan

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Fiduciary collateral is a guarantee for tangible and intangible movable objects given by the debtor to the creditor as the recipient of fiduciary collateral to guarantee repayment of the debtor's debt to the creditor in a loan agreement at the bank.The binding of fiduciary collateral results in the creditor having the preferred position of the fiduciary collateral object to execute the fiduciary collateral object in paying off the creditor's receivable.Confiscation of fiduciary collateral objects by the state through a court ruling that has permanent legal force because the debtor's mistake is not the responsibility of the creditor, and the creditor can file resistance (verzet) on the confiscation of the fiduciary collateral object. The results indicate that the implementation of a financing agreement with fiduciary collateral in a finance company PT. OTO MULTIARTHA is a customer obliged to fill out a loan application form completely by filling in his identity based on the data contained in the resident identification card and family card, the type of goods to be financed, the amount of the down payment, the installment period, the amount of installments each month, then the customer sign the application for credit and is also signed by the guarantor, both husband and wife, or the biological parent / guardian of the applicant.The legal status of the fiduciary collateral object which was confiscated by the state through a court decision related to criminal cases of conservation of biological natural resources and their ecosystems is the property of PT. Oto Multiartha and must be returned by the state through a court decision to PT. Oto Multiartha,because the debtor's debt has not been paid off and analysis of Medan District Court's Decision No. 315/PDT/2015/PT.MDN in the Case of Confiscation of Fiduciary Collateral Object in the form of a Car of Daihatsu Xenia which instructs to return the fiduciary security object in the form of 1 (one) unit car of Daihatsu Xenia is in accordance with applicable legal provisions under Articles 20 and 24 of Law No. 42 of 1999 concerning fiduciary collateral and also based on Article 194 and paragraph 6 of Article 195 of Criminal Code and Article 574 of Civil Code.
EXCLUSIVE INTELLECTUAL PROPERTY HOLDER IN LEGAL PERSPECTIVE PROHIBITION OF MONOPOLY PRACTICES AND BUSINESS COMPETITION Ida Nadirah; M Arkansyah
Proceeding International Seminar of Islamic Studies INSIS 3 (February 2022)
Publisher : Proceeding International Seminar of Islamic Studies

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The holder of exclusive intellectual property rights is a legal subject who has special rights because the holder can make, use, sell, import, export, lease, deliver and distribute all of his work. This enormous power is very close to the nature of a prohibited monopoly in perspective Anti-monopoly Law and Business Competition. This study aims to explain the legal position of the exclusive right holder of intellectual property rights and to find out the anti-monopoly legal arrangements for the holders of exclusive intellectual property rights.This research is a normative juridicalresearch with descriptive analysis with a statutory approach that uses secondary data and is analyzedqualitatively. The position of exclusive intellectual property rights is clearly regulated in the Copyright Law, Patent Rights, Trademark Rights, Industrial Design Rights, Integrated Circuit Layout Design Rights and Trade Secrets.Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Business Competition that there are several monopolies that are allowed, namely in the form of actions or agreements aimed at implementing applicable laws and agreements. One of the laws is intellectual property law as regulated in Article 50 b of Law No. 5 of 1999 with the stipulation that the exclusive rights contained in the law do not cause unfair business competition and can harm the public interest.Keywords:Exclusive Rights, Intellectual Property, Prohibition of Monopolistic Practices and Business Competition
INTELLECTUAL PROPERTY RIGHTS LAW CHALLENGES IN NEW NORMAL ERA Ida Nadirah
Proceeding International Seminar of Islamic Studies INSIS 2 (January 2021)
Publisher : Proceeding International Seminar of Islamic Studies

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The global world is currently facing a very difficult period due to the outbreak of the SARS-CoV-2 coronavirus pandemic or commonly known as covid 19. Several aspects of community life such as economy, education and health have decreased because all human activities are limited and they carry out more activities in house. Indonesia must be ready to face the challenges of this situation by preparing Intellectual Property Rights Law which can fulfill the interests of all Indonesian people. This juridical normative research is sourced from secondary data or library data that comes from online and offline library materials. In the current era of digitalization, intellectual property rights are a creative industry that is very fundamental in driving economic growth. Intellectual Property Rights are resources that are based on the intellectual ability of a person which is then manifested in the form of creative works in the fields of science, art and technology. There are many challenges that will be faced in the application of intellectual property rights in this digitalization and new normal era because of the different characteristics of Indonesian people who are not yet literate in Intellectual Property Rights Law. The government and stakeholders need to carry out reforms and socialization of intellectual property rights law, especially in the field of copyright and trademark rights that are in accordance with the culture of the Indonesian people to encourage economic development in this new normal era. Keywords: Challenges, Inteletual Property Rights, New Normal
IMPLEMENTATION OF HALAL TOURISM IN AN EFFORT TO IMPROVE THE COMMUNITYS ECONOMY Amzar Ardiyansyah; Ida Hanifah; Ida Nadirah
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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The implementation of halal tourism has developed in Indonesia and even other countries have also organized halal tourism. Indonesia is the majority of Muslims, of course, it has great potential for the development of halal tourism, in essence the implementation of halal tourism itself does not limit tourists with various regulations. The role of the government is very large in the development and development of halal tourism to realize the improvement of the community's economy. This paper focuses on how the challenges and opportunities of halal tourism improve the community's economy. This writing method uses the normative juridical method by collecting secondary data through primary, secondary and tertiary materials by studying various books, journals, laws and regulations, documents, websites and writings related to the object of writing. The universe created by Allah SWT needs to be maintained, maintained and managed properly, including in tourism management, in the QS Surah Al-Mulk and Al-Baqarah have explained how to take care of yourself when traveling, hence the importance of the concept of halal tourism. In positive law, the provisions of Article 5 of Law Number 10 of 2009 concerning Tourism clearly state that the relationship between religious, customary, and cultural norms in tourism in each region has its own concept. The government has an important role in the development of halal tourism to improve the community's economy, job opportunities, state and regional income. The improvement of the economy is realized by the government bringing in and offering the concept of halal tourism to investors by providing licensing guarantees and legal certainty to investors to develop halal tourism.
THE GOVERNMENT GOODS AND SERVICES PROCUREMENT IN THE 5.0’S SOCIETY ERA: SHARIA ECONOMIC LAW PERSPECTIVE Revanda Bangun; Muhammad Arifin; Ida Nadirah
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

This study aim to analyzing the government goods and services procurement in  the 5.0’s society with Sharia economic law perspective. This research used normative juridical method based secondary data. Data analyzed by qualitative analysis methods. The results of the study conclude that Presidential Regulation Number 16 of 2018, LKPP Regulation Number 11 of 2018 and Presidential Regulation Number 17 of 2023 as a constitutional basis for adaptation the 5.0. Society Era in the government goods and services procurement was accordance with the Al-Qur'an, Al-Hadith, and the mu'amalah principles which include: The Law of Origin in Muamalah is Mubah (permissible), realizing Benefit, eliminating Competitive Prices, Eliminating Unethical Interventions Prohibited, Avoiding Exploitation, Honest and Trustful. Apart from that, it is also in accordance with Sharia Economic Law which contains the ikhtiyari principle (voluntary); trustworthiness (keep promises); Luzum principle (unchanged); the mutual benefit principle; taswiyah principle (equality); transparency principle; ability principle; taysir principle (convenience); the good faith principle; lawful cause; the al-Hurriyah principle (freedom to contract), but still does not consider the principle of ikhtiyati (prudence). 
Penyelesaian Sengketa Kredit Macet Melalui Pelaksanaan Pelelangan Aset Debitur Oleh PT. Bank Artha Graha Internasional, Tbk Medan Michael Willy Chandra; Sutiarnoto Sutiarnoto; Ida Nadirah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 5, No 2 (2020): Juli - Desember
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (47.562 KB) | DOI: 10.30596/dll.v5i2.4084

Abstract

Financial institutions as one of the financial institutions have a strategic position because they participate in the provision of funds or credit needed to finance activities in the financial sector, besides that it is still a primary source of funds for everyone. Banks in the framework of this agreement often take steps to auction assets. The research method used is the type of normative legal research. Problems raised in this study, namely regarding the position of the debtor's assets as collateral in the credit agreement, the process of settlement of bad debts through the implementation of the debtor's asset auction, and auctioning auction assets related to Bank Artha Graha Internasional, Tbk Medan. The results showed that the existence of the debtor's assets as collateral in a credit agreement with PT. Bank Artha Graha Internasional, Tbk. Medan is used to settle bad credit disputes which is a bank's help to take repayment of credit agreements with the sale of assets of the debtor's guarantee through the auction auction method based on Law Number 4 of 1996.
Co-Authors Amzar Ardiyansyah Bachtiar Simatupang Ida Hanifah M Arkansyah Michael Willy Chandra MUHAMMAD ARIFIN Muhammad Taufik Zas Revanda Bangun Sutiarnoto Sutiarnoto