Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
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.
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168 Documents
<![CDATA[KONSTRUKSI HUKUM PERJANJIAN KERJASAMA PENJUALAN PRODUK DIGITAL ANTARA PT XYZ DENGAN PT ABC Sdn. Bhd. DENGAN SISTEM MULTILEVEL MARKETING ]]>
<![CDATA[Legita Tandanu]]>;
<![CDATA[Ariawan Gunadi]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[As a result of the influence of world globalization, with the rapid development of international relations and the development of information technology, the need to know about the law of other legal systems in the world is increasingly felt high so that lately the development of knowledge about comparative law is very fast. That is what is felt closely related to PT XYZ with PT ABC Sdn. Bhd. in Malaysia. So that in the end raises the problem of how the legal construction of digital product sales cooperation agreements with the Multi-Level Marketing (MLM) system between the two companies and what the implementation of the partnership between the two companies is like. Therefore, the purpose of the problem is to find out and describe in detail the model of the digital product sales agreement with the MLM system and how the implementation of the cooperation agreement should be carried out in the perspective of rules in Indonesia and Malaysia. If the existing law does not explicitly determine the cancellation of the prohibited agreement, it is not necessary and will be confusing to find the cause of the cancellation of the agreement (because of the prohibited cause). The agreement was canceled not based on the provisions of Article 1335 and 1337 of the Indonesian Criminal Code, but on the basis of the provisions of the law which stated it. The cause of the agreement is the purpose of the agreement made by the parties. However, it cannot be said that if the parties enter into an agreement means the purpose of the parties is to do the action (which is without a false or prohibited cause).]]>
<![CDATA[PERMASALAHAN HUKUM PENGALIHAN RISIKO KREDIT SINDIKASI MELALUI INSTRUMEN CREDIT DERIVATIVE ]]>
<![CDATA[Handriyanto Wijaya]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[The main function of a bank is as an institution that collects and distributes public funds. Credit isthe main activity of a bank's business to channel funds to the public. One legal basis for grantingcredit is by agreeing on a credit agreement. In granting loans in a very large amount, thenusually the bank will provide syndicated loans. Lending is dedicated credit lending by involvingmore than one bank, not only domestic banks but also by foreign banks. In providing syndicatedloans, it is common practice to transfer syndicated loans to other parties as stipulated in thesyndicated loan agreement. The transfer of syndicated loans to other parties is a right owned bythe creditor which is indispensable in order to avoid credit risks related to violations of the LegalLending Limit (BMPK) to debtors as well as to overcome the liquidation problems of banksparticipating in the syndicated loan agreement. Credit Derivative (CD) is a financial instrumentby transferring some or all of the risk of debtor debt obligations from one party to another party.The CD instrument was issued for the benefit of syndicated creditors in anticipation of default bydebtors. The CD instruments used in transferring syndicated credit risk include Credit DerviativeSwaps (CDS), Credit Linked Notes (CLN), Total Return Swaps (TRS) and Total Rate of ReturnSwaps (TRORS). Keywords: Credit Risk; Credit Derivative and Sydicated Loan.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KREDITOR PADA KASUS KEPAILITAN PERUSAHAAN/KKKS MINYAK DAN GAS BUMI: Studi Kasus Kepailitan Antara PT. Global Pacific Energi Dengan KKKS PT. Golden Spike Energy Indonesia ]]>
<![CDATA[Lousia Ester Beby S.]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[Oil and Gas Company / KKKS PT. Golden Spike Energy Indonesia was sued for bankruptcy byPT. Global Pacific Energy due to unpaid debt. The lawsuit begins with the PKPU process, thepeace agreement, the bankruptcy decision of the Commercial Court, the cassation decision, andthe PK decision. This research is normative juridical, by deciphering the Bankruptcy Law andrelated to legal theories in the practice of its implementation in connection with the position ofKKKS PT. Golden Spike Energy Indonesia, a party to the cooperation contract with theGovernment of the Republic of Indonesia. Such problems are subject to research, where creditorsare faced with zero-asset companies. The results showed that the lack of protection for creditorsin the Oil and Gas KKKS. Keywords: Bankruptcy; KKKS; Natural resources.]]>
<![CDATA[SENGKETA HAK ATAS TANAH MELALUI AKTA CESSIE: Studi Kasus Putusan Mahkamah Agung NO 308/PK/PDT2016 jo Kasasi NO 1625 K/PDT/2014 ]]>
<![CDATA[David Simatupang]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[As a material right, land rights are land tenure rights that contain a series of authority, obligations and / or prohibitions for the right-holders to do something about the land that is claimed. "Something" that may, mandatory or prohibited to be done can be switched and switched. Land Rights can also be given a burden A land right will change if the ownership is transferred to another person through a legal act, and also switches due to the occurrence of a certain legal event, such as inheritance while the transfer by legal action can be like the submission of credit or transfer of receivables on a name like cessie In Indonesian Agrarian Law, there is a difference between the transfer of land rights and the imposition of land rights. This research aims to find out the Transfer of Receivables / Cessie can be transferred in Indonesia and the consequences of the Cessie law if carried out in the transfer of land rights using a case approach in court with Case Number 1625/K/PDT/2014. Keywords: Disputes; Land Rights and The Cessie.]]>
<![CDATA[PERTANGGUNG JAWABAN PERBANKAN DALAM PELANGGARAN PRINSIP KEHATI-HATIAN TERHADAP NASABAH BANK KONVENSIONAL PADA PEMBLOKIRAN REKENING SECARA SEPIHAK ]]>
<![CDATA[Wilson Petrus Manalu]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[the funds to do many types of business activities in order to obtain profit. That profit will be usedto operational capital. Indonesia as a country that has many types of banking institution and issupported by a number of people who use banking’s service. That excellence makes the drivingforces of the people’s economy. There are four banking principles applied in the Indonesianbanking system, one of which is the principle of bank prudence. The principle of bank prudence isa principle in which banks must always be careful in carrying out and conducting their dutiesand functions in order to continue to get the trust of the community. The public’s principles is animportant thing for banking. If the public’s principle is not well applied, the banking will notgrow up and loose much profit and of course the country where that banking built will bedisturbed. However, if we see between banking and customers do not really have a balanceposition. Banking always request their customers to do all rules they make, banking should takecustomer’s position as a very important one because without the customers the bank will notgrow up and go bankrupt.]]>
<![CDATA[REFORMASI INFORMASI DALAM PELAYANAN BIROKRASI ]]>
<![CDATA[Erasmus Nabit]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[In the law making theory (Law Making), there are three institutions that have authority in theformation of law, namely the legislative as an institution that forms laws; state administrativeinstitutions which are carried out daily by the Bureaucracy that forms administrative law; andcourt or judge decisions in concrete legal cases. This paper merely discusses bureaucracy as thespearhead of the state administration in conducting public services directly to the public. Suchbureaucracy is related to the needs of the community to obtain a variety of accurate informationneeded in the form of population data, labor, employment and others that are quickly andaccurately using information technology through internet access. As for the example is thecomparison of the role of the bureaucratic authority in managing Indonesian Population Data,namely the Central Statistics Agency (BPS) and the Australian Bureau of Statistics (ABS). Keywords: State Administrative Law, Bureaucracy, Public Services, Internet Access, AccurateInformation, and Discretion]]>
<![CDATA[PENYELESAIAN SENGKETA TANAH GARAPAN PERKEBUNAN DI KEBUN SEI PUTIH PTPN III DALAM PERSFEKTIF HUKUM ]]>
<![CDATA[Kusbianto]]>;
<![CDATA[Azmiati Zuliah]]>;
<![CDATA[Muhammad Asri Pulungan]]>
<![CDATA[ to-ra Vol. 6 No. 1 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[The conflict in the farming sector, for example, was the problems of cultivated land, which tendedto cause horizontal conflict between the plantation and the cultivator communities. The disputeclaimed that each side had a right to their land, a land dispute in this study between the PTPN IIIand the self-successful then-peasant community (KTSM) Sei Galang, because of a lawsuit by agroup of farmers demanding legal action against a law that had ruined the land area by 345.56ha.The problem of this study is to find out how the plantation companies are solving the demandsof the plantation area and what the society is demanding is to cultivate the plantation area indispute in the rights area for business by using normative methods of study through courtdecisions and field or sociological studies of a qualitative type of research. The result of thisstudy has shown that the demands of the parties to the PTPN (III) of Gartu land are not upheldon the merit of credentials or credentials authentic. The rights/proofs that the people submittedby the people were simply photocopied that could not be investigated. The tendency to thecommunity's demands in the white Sei garden was brewed to the settlement, which was unclear towhat level of court process, so the society's demands were unfounded. Sugata hoped that thesolution would be a non-litigation approach in settlement of the land dispute existing in the PTPNIII, particularly the plantations in North Sumatra. Keywords: Dispute Settlement, Arable Land, PTPN III Sei Putih Plantation.]]>
<![CDATA[HAK ATAS KEKAYAAN INTELEKTUAL SEBAGAI HARTA PAILIT DALAM HUKUM KEPAILITAN INDONESIA ]]>
<![CDATA[Johnson Sahat Maruli Tua]]>
<![CDATA[ to-ra Vol. 5 No. 3 (2019): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[Abstract Intellectual property can be in the form of exclusive patents, copyrights, brands, industrial designs, trade secrets and other rights that are part of an intellectual property regime. This exclusive intellectual property right is often the main asset owned by the bankrupt debtor or at least something valuable. In addition, Law No. 37 of 2004 concerning Bankruptcy and PKPU does not explain in detail whether the said assets are assets in the form of objects or material rights, because the law only regulates excluded assets or assets that cannot be made bankrupt assets. The Receiver who intends to administer and settle the intangible bankrupt assets such as IPR has always found it difficult to assess the assets. Keywords: intellectual property, assets, bankruptcy]]>
<![CDATA[KEDUDUKAN HUKUM PERJANJIAN IKATAN DINAS DALAM UNDANG-UNDANG KETENAGAKERJAAN ]]>
<![CDATA[Mawar Sitohang]]>
<![CDATA[ to-ra Vol. 5 No. 3 (2019): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[Abstrak The implementation of Service Work Agreements in practice is frequently interpreted to mean in many form of various interpretations when a disputes occur between employers and employees. Some interpret disputes regarding service work agreements including industrial relations disputes, and some interpret them as general civil disputes based on agreements. This writing will examine how the actual position of official service work agreements in civil law both in terms of contract law and labor law. The method used is a normative description with a case approach. The conclusion is that labor law has firmly regulated focus on certain time employment agreements and non-specified time employment agreements. While the service work agreement is clearly included in the general civil agreement law. Keywords: service agreement agreement, service agreement agreement dispute settlement]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA DAN PENGGUNA JASA TRANSPORTASI OJEK ONLINE DALAM PERKEMBANGAN DINAMIKA HUKUM DAN MASYARAKAT ]]>
<![CDATA[Nanin Koeswidi Astuti]]>
<![CDATA[ to-ra Vol. 5 No. 3 (2019): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.33541/JtVol5Iss2pp102
<![CDATA[Abstract Online transportation is the development of the world of transportation and communication that is inseparable from the development of increasingly advanced, sophisticated science and technology so that it produces various innovations in creating goods or services products, online transportation is one of the results of technological and communication advancement innovations. The regulation of public transport in Indonesia is regulated in Law No. 22 of 2009 concerning Road Traffic and Transportation (LLAJ), PP No. 74 of 2014 concerning Road Transportation, until now in Indonesia there are no legal regulations specifically regulating online motorcycle taxi transportation, there is a legal vacuum with no online motorcycle taxi arrangements. Until now there has been no law which regulates public transportation of motorcycle taxi online, this causes legal protection for business operators or businessmen providing online motorcycle taxi services and users of online motorcycle taxi services whose legal protection is unclear. Keyword: businessman, online transportation services, online motorcyle.]]>
