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All Journal HUKUM BISNIS INFOKUM
Mohammad Saleh
universitas narotama
Computer Science & IT Law, Crime, Criminology & Criminal Justice

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KONSEP 3 IN 1 IN THE LAND ACQUISITION UNTUK TANAH ASET DESA SEBAGAI KEKAYAAN ASLI YANG SAH Satria Wira Yudha; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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In the public interest, including the interests of the nation and state as well as the common interests of the people, land rights can be revoked by providing appropriate compensation according to the method regulated by law. The case that occurred was that the residents of Kapru Hamlet, Gunungsari Village, Bumiaji District, Batu City felt disadvantaged after finding that one of the Village Treasury Lands (TKD) was controlled by individuals. The formulation of the problem in this study is how legal efforts can be taken by the residents of Gunungsari Village to save village land assets from individual parties based on the 3 in 1 in the Land Acquisition concept. The research method in studying this problem is normative legal research. The concept of 3 in 1 in the Land Acquisition in land acquisition for development is a land acquisition activity from beginning to end or from upstream to downstream which ultimately leads to three points, namely the start point, decision point and product point. Individuals who control the land to be used as land can file an objection and verification and improvement will be carried out in order to obtain legal certainty regarding ownership rights and land objects. However, if it is Village Treasury Land, the individual does not receive compensation. Keywords: Land Procurement, Public Interest, .Village Land
LEGAL PROTECTION FOR COPYRIGHT OF SONGS ON THE INTERNET Chrisna Arwiandra Leuwol; Mohammad Saleh
INFOKUM Vol. 11 No. 02 (2023): April, Engineering, Computer and Communication
Publisher : Sean Institute

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The development of advanced technology and faster, ease of accessing the virtual world leads to equal public access to information collected on the internet, one of which is a song, a recording of rhythmic sound that was originally shaped physically from the record vinyl then began to become a tape cassette for radio tape and now evolved along with technology into intangible that is digital in the world of internet and digital storage media like DVD, Flash disk, and Hard disk. The Internet connects the global world to a single location. Based on this case KEMENKOMINFO (Ministry of Communication and Informatics) has attempted to enforce the closure of a number of sites that commit illegal acts such as uploading, downloading and reproduction and reproduction of songs on the internet without the permission of the creator and copyright holder. From the problematic law is written this thesis about copyright protection of songs on the internet, what the copyright standards of songs on the internet along with the form of copyright infringement of songs on the internet and recovery efforts
KEPEMILIKAN HAK ATAS TANAH YANG TIDAK TERCATAT DI BUKU C KELURAHAN Fatin Hamamah; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Based on the results of the discussion, it was found that the Letter C Book, as initial evidence in accordance with Articles 1866 of the Civil Code and 164 HIR, to obtain a land right in carrying out land registration where these lands are lands that are subject to customary law. With regard to Letter C quotations, many people still hold that they do not understand that Letter C quotations, or the mention Girik by the public, are actually only a basis for tax collection. Owners of proof of letter C often consider that girik as proof of ownership of land. Excerpts of Letter C are in practice kept by the Lurah/Village Head, who already has strong evidence, while Citations of Kelurahan Letters are the results of detailed data collection in 1950 before the enactment of the Basic Agrarian Law. With the enactment of Government Regulation Number 24 of 1997 concerning Land Registration, the Subdistrict Letter C quotation is proof of tax payment and can be applied for as the acquisition of land rights. For this reason, with the evidence of Letter C book citations, the land registration system used is usually used to obtain land title certificates for the first time, meaning that previously these lands had not been certified.
URGENSITAS SISTEM PEMILU PROPORSIONAL TERBUKA BERDASARKAN DEMOKRASI PANCASILA Ika Puspahani; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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This paper aims to determine the urgency of an open proportional general election system in the 2024 general election. The research method uses normative legal research, using a statutory approach and a conceptual approach. The focus of this research plan is the general election system (election) based on the constitution. In theory there are two general election systems, namely the district and proportional systems. The proportional system is seen as having strong protection for maintaining plurality or a large number of political parties, because of the treatment that there are no invalid votes and there is a possibility that each political party in an electoral district is able to place its representatives in a representative institution, regardless of the number. This study considers it important to study the correlation of the proportional system in general elections with the spirit of implementing Pancasila democracy.Keywords: Election, proportional system, democracy
PENGENAAN SANKSI DAFTAR HITAM BAGI PELAKU PENGADAAN BARANG/JASA PEMERINTAH Ira Kurnia Prasetia; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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This paper aims to find out the forms of violation of the law in the procurement of government goods/services that can be subject to blacklist sanctions and to find out the legal consequences of imposing blacklist sanctions for perpetrators of government procurement of goods/services. In administering the government of a country, the state has the duty to carry out the life of the nation and state in order to improve the welfare of its people. To carry out this main task, one of which is that the government has the obligation to provide adequate facilities and infrastructure to be used by its people in various forms, whether in the form of goods, services or infrastructure development. The government can not always provide its own facilities and infrastructure needed by its people, for that the government seeks to carry out development through spending activities using third parties, namely providers/partners for procurement of goods and services as implementation of the application of sanctions for providers in the process of procurement of goods and services, one of which high integrity and able to help the government in realizing quality facilities and infrastructure for the community. From the government's point of view, the imposition of blacklist sanctions for election participants/providers aims to provide a deterrent effect to election participants/providers who are incompetent.Keywords: Procurement of government goods/services, blacklist sanctions, procurement actors
PENERAPAN DISKRESI PEJABAT FUNGSIONAL PENGELOLA PENGADAAN BARANG/JASA DALAM PENYELENGGARAAN PENGADAAN BARANG/JASA PEMERINTAH Vieka Ariestyani Antari; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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This paper aims to determine the limits of the implementation of the discretion of the Goods/Services Procurement Management Functional Officer in the implementation of the Government's procurement of goods/services and to find out the form of legal protection for the Goods/Services Procurement Management Functional Officer for the application of discretion in the implementation of the Government's procurement of goods/services. The research method uses normative legal research, using the approach used in this study is the statutory approach and the conceptual approach. The focus of this research plan is the freedom to act on the basis of discretion exercised by government administration bodies/officials, not without limits. This freedom is limited by the General Principles of Good Governance (AAUPB), so it is hoped that there will be no abuse of authority. But if there is a legal deviation from the discretionary decision which results in losses to the community, then the discretionary decision must still be accounted for. By giving freedom of action (discretion) to the state administration in carrying out its duties to create a welfare state, it is hoped that public welfare will truly be created. Because in principle government administration agencies/officials may not refuse to provide services to the community on the grounds that the law does not exist or the law exists but is not clear, as long as this is still under their authority.Keywords: Discretion, Procurement of goods/services, Functional Position of Goods/Services Procurement Management
KEBERLAKUAN PERATURAN DAERAH KOTA SURABAYA NOMOR 1 TAHUN 2016 TENTANG RETRIBUSI PENGOLAHAN LIMBAH CAIR DALAM BENTUK TINJA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH Ayu Wulandari; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Prior to the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, Surabaya City Regional Regulation Number 1 of 2016 concerning Levies for Processing Liquid Waste in the Form of Feces was officially valid and binding in the City of Surabaya with reference to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. This paper aims to find out the enactment of Surabaya City Regional Regulation Number 1 of 2016 concerning Retribution for Liquid Waste Treatment in the Form of Feces after the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. The focus of this study is to analyze the legal status of Surabaya City Regional Regulation Number 1 of 2016 concerning Retribution for Liquid Waste Treatment in the Form of Feces after the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments; and to analyze the legal norms in the Regional Regulation of the City of Surabaya Number 1 of 2016 concerning Levies for the Treatment of Liquid Waste in the Form of Feces which are no longer in accordance with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. The research method uses normative legal research, using a statutory approach (statue approach) and a conceptual approach (conceptual approach). The collection of legal materials is carried out through literature review, both primary and secondary legal materials. The result of the research is that the legal status of the Liquid Waste Treatment levy is still valid and it is possible to collect it. Contextually, the Feces Liquid Waste Treatment Retribution is interpreted as part of the category of cleaning services in the General Services Retribution so that the Regional Regulation of the City of Surabaya Number 1 of 2016 is declared to remain valid and valid and juridically the regulated norms are still in accordance with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, but adjustments still need to be made, especially the formulation of the calculation of fees taking into account economic principles and the intended adjustments are stipulated in the form of a Regional Regulation.Keywords: Regional finances, regional fees, and waste
HUKUM PERKAWINAN BEDA AGAMA MENURUT PUTUSAN MK NO.71 PUU-XX 2022 Fitri Mindari Handayani; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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The diversity of religions and beliefs in Indonesia does not rule out the possibility of inter-religious marriages occurring. According to Article 35 and its explanation, as well as Article 37 paragraph (1) of Law Number 23 of 2006 concerning Population Administration which indirectly provides opportunities for interfaith marriages to occur. This type of research is Normative Legal Research by defining legal issues, collecting legal materials, studying legal issues based on the materials that have been collected, drawing conclusions in the form of arguments that answer legal issues. The conclusion from this study is that according to the law, interfaith marriages are invalid through a review of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law and Islamic Law and Constitutional Court Decision Number 71/PUU-XX/2022.Keywords: interfaith marriage
Co-Authors Ayu Wulandari Chrisna Arwiandra Leuwol Fatin Hamamah Fitri Mindari Handayani Ika Puspahani Ira Kurnia Prasetia Satria Wira Yudha Vieka Ariestyani Antari