Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

JURNAL ILMIAH LIVING LAW

livinglaw
Website

Published by Universitas Djuanda Bogor

ISSN : 20858078 EISSN : 25501208 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.

Arjuna Subject : -

Articles 6 Documents

Search results for , issue "Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law" : 6 Documents clear

PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank

JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP Edi Prayitno; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

LAW PARADIGM DEVELOPMENT TO REDUCE HOUSING BACKLOG Sudiman Sihotang
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

There is a difference of paradigm between rural and urban people about house ownership, if urban society is influenced by Civil Code thinking where if one buys land at the same time he/she buys everything that is above it, including house building. Unlike the village community, the atmosphere of thinking about the land is influenced by customary law, which has a communal nature in which the land is owned by a citizen or otherwise known as ulayat land, so it can be understood that the minds of rural people about the house is not always merged with the land ownership, or ulayat can be built houses of some fellowship members. As a result of this paradigm, people should think of setting up funds to buy land if they want to buy a house, while the price of urban land is higher, and for the housing stake-holders, for example, housing developers, the land is used as a business commodity and a tool to achieve profits- the more so, if people want to buy a flat housing, you can imagine the meter price of the building will be charged to the land which is an integral part of the apartment unit. This raises several issues such as the number of backlog of housing is increasing, in 2015 recorded approximately reaches 14 million backlog. The government's target of providing a million homes is not achieved, including the construction of 1000 towers the year it is getting harder to achieve. This study aims to look at legal aspects that can provide solutions for the provision of housing, especially the Low Income Community (MBR) and Very Low Income Society (MBSR) so that the construction of a house is not just a project of a particular party, but a way for people to access home ownership. The method used is Sociological Jurisdiction with deep attention as well as Normative Juridical aspects as the related variables one and other.Keywords : Paradigm, Housing Law, Flat, Low-Income Community.

DEVELOPMENT MODEL OF BUILT OPERATE AND TRANSFER (BOT) OVER WAQF LAND PRODUCTIVITY Nova Monaya
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Build, Operate, Transfer (BOT) is an agreement that provides solutions between parties that have common interests but with their respective limitations that require the ability or ability of others to realize mutual benefits, for example one party has a plot of land that can be optimized for the benefit of the business to take advantage of the assets owned but due to limited funds or expertise in the field of asset management owned by inviting third parties to optimize the land to be utilized. From the BOT agreement there are many things that can be done and many advantages from third party communities including landowners, so that the land is not abandoned land or sleeping land. Waqf in the context of positive law as Law No. 41 of 2004 on Waqf, has inherited the rigid, closed, and narrow nature of its movement space permanently. This is due to the excessive concerns of the Naqwa waqf and the people around the land of waqf. Due to the nature of this rigidity, many land waqf which became the land of sleep, especially the manager of education and social activities, whereas land waqf land in a strategic location. This study aims to find a way out of the legal deadlock by harmonizing the law of land waqf with the approach of the law of covenant and the law of civil and land law as a pillar of increasing land productivity waqf. The research method used is a normative juridical approach with secondary legal materials from experts as well as comparative studies abroad that have implemented BOT on waqf land or utilizing objects on land waqf in perspective Islamic Business Law.Keywords : Built Operate Transfer (BOT), Waqf Law, Horizontal Separation Principle

LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION Edy Supaino; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims

ANALYSIS OF JURIDIS HOUSEHOLD CONTRACT HOUSE RENT (RUSUNAWA) IN ACCELERATION OF HOUSING SUPPLY FOR LOW-INCOME COMMUNITY Erniwati Erniwati; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Identification of this research are: 1) How is the implementation of rental contract agreement of simple rental apartment (Rusunawa) in accelerating the provision of housing for Low-Income Society? 2) What is the effect of contract rent lease agreement for a simple rental apartment (Rusunawa) in accelerating the provision of housing for Low-Income Communities that is transferred to a third party ?. The research method used in this research is the normative juridical approach. The results of this research are: 1) Implementation of flats rental management conducted by the Provincial Government of DKI Jakarta, the lease agreement in the apartment unit starts with if there are prospective tenants who want to rent so he can apply as a prospective apartment dweller to the manager 2) The legal consequences of the lease agreement transferred to a third party for a simple rental apartment (Rusunawa), made by the provincial UPT Rusunawa have rights and obligations, as for the rights of the parties contained in the article in the lease agreement hire which has been determined by UPT Rusunawa, based on agreement made by UPT Rusunawa.Keywords: Lease contract, Rusunawa, Low Income Society

Page 1 of 1 | Total Record : 6

Filter by Year

2017 2017

Filter By Issues

All Issue Vol. 15 No. 2 (2023): Jurnal Ilmiah Living Law Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law Vol. 13 No. 2 (2021): Jurnal Ilmiah Living Law Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law Vol 10, No 1 (2018): Jurnal Ilmiah Living Law Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017 Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017 Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law Vol 9, No 1 (2017): Jurnal Ilmiah Living Law Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law Vol 8, No 2 (2016): Jurnal Ilmiah Living Law Vol. 8 No. 2 (2016): Jurnal Ilmiah Living Law Vol. 8 No. 1 (2016): Jurnal Ilmiah Living Law Vol 8, No 1 (2016): Jurnal Ilmiah Living Law Vol 7, No 2 (2015) Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law Vol 7, No 1 (2015) More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
JURNAL ILMIAH LIVING LAW

Contact Email
livinglaw@unida.ac.id

Phone
-

Journal Mail Official
livinglaw@unida.ac.id

Editorial Address
-

Location
Kota bogor,

Jawa barat

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name JURNAL ILMIAH LIVING LAW

Contact Email livinglaw@unida.ac.id

Phone -

Journal Mail Official livinglaw@unida.ac.id

Editorial Address -

Location Kota bogor, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
JURNAL ILMIAH LIVING LAW

Contact Email
livinglaw@unida.ac.id

Phone
-

Journal Mail Official
livinglaw@unida.ac.id

Editorial Address
-

Location
Kota bogor,

Jawa barat

INDONESIA