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INDONESIA
Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
Published by Universitas Kristen Indonesia
ISSN : 24428019     EISSN : 26209837     DOI : ersitas Kristen Indonesia DOI: https://doi.org/10.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
A journal to publish high-quality articles published for all aspects of research and the latest extraordinary developments in the field of Law. This journal number published by p-ISSN: 2442-8019 and e-ISSN 2620-9837 is a scientific journal published by the Faculty of Law, Universitas Kristen Indonesia which discusses the Law to regulate and protect the public. The purpose of the To-ra Journal is to disseminate conceptual thought and research findings that have been approved in the field of Law. In each publication every year, to-ra publishes in three publications: April, August and December. Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat focused to publish high-quality articles dedicated to all aspects of the latest outstanding research and developments in the fields of Laws. The aims of Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat is to disseminate the conceptual thoughts and ideas or research results that have been achieved in the area of law. Tora has a Memorandum of Understanding with DPN Peradi Indonesia. The scope of this journal encompasses to Managing and Protecting Citizenship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 3 No. 1 (2017): April" : 8 Documents clear
PENERAPAN ASAS MENCARI KEBENARAN MATERIIL PADA PERKARA PERDATA DALAM PERSPEKTIF HUKUM PEMBUKTIAN PERDATA Lonna Yohanes Lengkong
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In business practice, the agreement is something fundamental matter aimed to protecting the rights of businesses in doing business. The implementation of business agreements it’s became disputes later taken to court to be decided by the judge to protect the rights of businesses. In practice, the judge in deciding civil cases implement the principle of seeking truth material, which is seeking the judge’s conviction, in addition to still use the principle of seeking formal truth in deciding a civil case. Results of the research is the judge assessing evidence submitted by the plaintiff turned out to have applied the principle of seeking truth material by putting the judge’s conviction, obtained by deepening the witness testimony in the trial, although formally evidence have been met and sufficient. Judge indeed should to apply the principle of truth material in order to find the formal truth in deciding a case, it is to convince the judge absolutely convinced before giving the verdict of a civil case. Keywords: Kebenaran Materiil dalam Pembuktian Perkara Perdata
ANALISA YURIDIS TERHADAP TINDAK PIDANA PENGALIHAN OBYEK JAMINAN FIDUSIA TANPA PERSETUJUAN PENERIMA FIDUSIA Nanin Koeswidi Astuti
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Guarantee is one important element in the provision of credit, one of which is the guarantee of materiality. One of the known material guarantees in positive law is fiduciary guarantees. In the practice of credit provision by Bank through fiduciary credit guarantee institution to Bank customer, there is a possibility that there will be legal problem because the fiduciary guarantee object will remain in the hands of the customer of the Bank (debtor). With the enactment of Law No. 42/1999 on fiduciary collateral (UUJF) with criminal provisions, the legal protection of creditors from the crime of transferring fiduciary assets to third parties is given by UUJF when the creditor (fiduciary receiver) obtains fiduciary guarantee certificate by way of register a fiduciary guarantee deed made with a real note at the fiduciary registration office. Kata Kunci: Tindak Pidana Jaminan Fidusia, Obyek Jaminan Fidusia, Fidusia
PEMBENTUKAN REGULASI BADAN USAHA DENGAN MODEL OMNIBUS LAW Henry Donald Lumbantoruan
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Indonesia has about 42 thousand rules covering laws, government regulations, presidential regulations, ministerial regulations to governors, mayors and regents in the regions. Most of the rules conflict and overlap with each other. Such conditions hamper the entry of foreign investment flows, as the ease of starting a business in Indonesia is still far behind with other nations, at 91. Therefore, the president instructs ministries to improve indicators that hamper the regulation. One of the obstructing indicators is the ease of starting a business, involving the establishment of a business entity. The regulation of business entities in Indonesia is spread out in various regulations. Some are regulated in the Act PT, KUH Dagang, there are set the types of businesses in the Permanent Establishment in Law No. 7 of 1983 on income tax. But there is also not yet set at all that is individual effort and business commerce in cyberspace. To manage each of these business entities in a partial manner will obviously take time and great expenses, resulting in the wastage of state finances. Therefore, it is necessary to apply the regulatory model applied in Anglo saxon countries, known as omnibus law models. With the regulation of business entities omnibus law model, will regulate the overall business entity comprehensively. In principle, the application of such a regulatory model is no problem considering that this business entity has elements and criteria as a legal entity and company. Keywords: regulasi, badan usaha, model omnibus law
PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUCIA TERKAIT PERATURAN KAPOLRI NOMOR 18 TAHUN 2011 Inri Januar
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

IThe Fiduciary Guaranty Act provides benefits for fiduciary and fiduciary beneficiaries in carrying out economic activities. This law also provides legal certainty and guarantee to parties by execution of fiduciary merchandise without a court decision. The existence of regulation of the Chief of Police of the Republic of Indonesia further strengthen the protection of the State to the people who need security from the police. Execution in fiduciary warranty is defined as the sale of fiduciary goods either through public auction or under-sales. The collection of collateral goods is an activity to achieve the execution of fiduciary guarantee. The good faith of the debtor is an important role in preventing the occurrence of physical clashes in case of forced taking by creditors protected by the Act. Kata Kunci: Hak, Jaminan, dan Eksekusi
LANDASAN PEMIKIRAN TENTANG PEMBEBANAN JAMINAN DALAM KONTRAK PEMBIAYAAN MUDHARABAH PERSPEKTIF UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH Muhammad Yadi Harahap
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i1.1122

Abstract

The practice of sharia banking in Indonesia, the provision of mudharabah financing is generally followed by the provision of guarantees by business actors, since mudharabah financing contracts which are not followed by collateral are difficult to obtain mudharabah financing. Sharia banking interpreting collateral is an additional collateral for businesses managed by business actors in accordance with article 1 verse 26 of Law no. 21 of 2008 concerning Sharia Banking. For Sharia Banks Mudharabah financing guarantee is the second source of payment of capital given while the main source is the result of mudharib’s business. When the business actor fails to fulfill its obligations to the sharia bank, the guarantee can be used as an effort to anticipate the failure to pay the financing provided. The problems that form the basis of this research is what is the basis of the idea of imposition of collateral in mudharabah financing contract perspective of Law no. 21 of 2008. To analyze the above research question the author uses normative juridical research as a method so that found a comprehensive, systematic, critical, constructive and argumentative answers. Keywords: jaminan, kontrak, pembiayaan, mudharabah, UU No. 21 tahun 2008 tentang perbankan syariah.
ANALISA HUKUM EKONOMI TERHADAP STANDARISASI MUTU PRODUK DALAM PERLINDUNGAN KONSUMEN DI INDONESIA Wiwik Sri Widiarty
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In the current era of globalization of the world economy, the situation of regulation of the circulation of goods and / or services becomes increasingly tight. In order to maintain the quality of quality products, to maintain a competitive product must meet the Indonesian National Standard (SNI), namely through Government Regulation No. 102 of 2000 on National Standardization, and International Standardization. While the National Standardization of Quality is the Standardization made by the Government, and implemented sectorally. Consumer users of goods and / or services purchased products must meet health, safety, security and environmental standards (K3L), and for business actors themselves do not understand the meaning of quality certification of goods issued by authorized agencies / bodies, so because of ignorance this is very detrimental to the Consumer as stipulated in Law No. 8 of 1999 on Consumer Protection. Kata Kunci: Standarisasi Mutu Produk, Perlindungan Konsumen
ANALISA YURIDIS SURROGATE MOTHER DARI ASPEK SAHNYA PERJANJIAN Tomson Situmeang
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Humans are created in pairs for future descendants (grandchildren), but not all pairs of humans can have children/ offspring with various causes. It turns out to be overcome by In Vitro Fertilization, one of which is Surrogate Mother, which is a woman who is willing on the basis of an agreement to lease her uterus to contain the seeds of the spouses, give birth and give birth to a couple by receiving certain rewards. But it is hindered by the provisions of existing laws and applicable in Indonesia as well as contrary to decency. Kata Kunci: Sahnya Perjanjian, Surrogate Mother, Ibu Pengganti, Sewa Rahim
PERLINDUNGAN HAK ULAYAT WARGA DEGEUWO TERHADAP PENAMBANGAN ILEGAL Stanley Ludya Kuap
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The protection of the Ulayat Right from illegal mining is a form of government responsibility in recognizing and protecting the rights of indigenous peoples to the land they control. However, sometimes customary lands owned by local indigenous peoples in certain areas containing certain natural resources are targeted by outside miners. In Indonesia, illegal mining cases that occur include illegal mining in Degeuwo area where the ulayat land has a high gold content. External entrepreneurs who conduct illegal mining in the area are alleged to have made a closed deal to some local indigenous people and use the apparatus to protect the mining process there which resulted in internal conflicts and even murder cases. This article concludes that Indonesian law has recognized and protected customary rights of indigenous peoples governed by the Land Law, Mining Law, Criminal Code and other related rules. Keywords: Perlindungan Hak Ulayat

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