Selisik : Jurnal Hukum dan Bisnis
Jurnal Selisik merupakan media yang diterbitkan oleh Program Magister Ilmu Hukum Sekolah Pasca sarjana Universitas Pancasila. Pada awal berdirinya Jurnal Selisik dikhususkan pada ragam gagasan hukum dan bisnis. Hal ini tidak lepas dari pengkhususan program studi di PMIH, yakni Hukum Dan Bisnis. Sejalan dengan perkembangan dan pengembangan PMIH, yakni dibukanya program studi baru mengenai Hukum Konstitusi dan Tata Kelola Pemerintahan, maka tema dan fokus Jurnal Selisik juga mengalami perluasan, diantaranya Hukum, Bisnis, Hukum Konstitusi dan Tata Kelola Pemerintahan sebagai basis susbtansi kajiannya.
Articles
10 Documents
Search results for
, issue
"Vol 7 No 2 (2021): Desember 2021"
:
10 Documents
clear
<![CDATA[BUILDING MODERN JUSTICE BASED ON INFORMATION TECHNOLOGY (Study on Judicial Adaptation in the New Normal) ]]>
<![CDATA[Andreas Eno Tirtakusuma]]>;
<![CDATA[Astrid Prayogo Putri]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (390.999 KB)
|
DOI: 10.35814/selisik.v7i2.3039
<![CDATA[The COVID-19 pandemic has had an impact on the judiciary and the court system in Indonesia. The Covid-19 pandemic has accelerated the process of modernizing the existing judiciary by conducting online trials via video teleconference. Previously, with PERMA No. 3 of 2018 which was enhanced by PERMA No. 1 of 2019, the Supreme Court has implemented online trial services for civil cases. During the pandemic, online trials were also applied to the examination of criminal cases, which was carried out with PERMA No. 4 of 2020. In criminal cases, the implementation is limited only in certain circumstances and is carried out with the discretion of the judge/panel of judges who hears it. There are many benefits if an online trial is implemented at a time like this, to prevent the spread of the COVID-19 virus. However, there are still obstacles and there are rejections in its implementation, especially in online trials that are forced based on a judge's determination. The change in the trial system to an online method requires the role of law as a means to anticipate various things that have not yet happened (i.e. as social engineering) and law as a means to deal with changes that have occurred (i.e. as social control). One and another that aims to achieve legal expectations in providing certainty and justice]]>
<![CDATA[PERANAN DAN TANGGUNG JAWAB NOTARIS DALAM PEMBAGIAN HARTA BERSAMA BERDASARKAN PUTUSAN NOMOR 300/PDT.G/2020/PA BTA ]]>
<![CDATA[Aditya Minang Prima]]>;
<![CDATA[Heru Susetyo]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (313.603 KB)
|
DOI: 10.35814/selisik.v7i2.3040
<![CDATA[This paper discusses the distribution of joint assets after the end of marriage and the Roles and Responsibilities of Notaries in Sharing Collective Assets Based on Decision Number 300 / Pdt.G / 2020 / Pa Bta. Article 35 of the marriage law states that joint property is property that is obtained during marriage, which means assets obtained from the beginning of the marriage until the end of the marriage. In this case, the distribution of joint assets should be carried out immediately after the end of the marriage between husband and wife so that there is no legal action on one party regarding the joint property. This research is normative. The result of this research is that the joint assets that have not been distributed to the wife as the plaintiff and the husband as the defendant have taken legal action on the joint property by reversing the name of deed No. 29 without the knowledge of the wife and the judge decided that the distribution of the assets was carried out equally between the wives. and husbands based on article 37 of law No. 1 of 1974 jo Article 97 compilation of Islamic law. In the transfer of rights to deeds, there are conditions that must be met by the tappers such as having the consent of the wife, in this case the notary has been negligent because deed by checking all the conditions that must be met by the applicant and the notary's responsibility for deed no 29, namely to cancel the deed because deed no 29 is legally flawed]]>
<![CDATA[ONLINE DISPUTE RESOLUTION SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI DIGITAL ]]>
<![CDATA[Armansyah -]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (212.787 KB)
|
DOI: 10.35814/selisik.v7i2.3041
<![CDATA[The development of information technology (IT) is an impact of the progress of the globalization era. Several variants of activities in it include trading activities (e-commerce). This sale and purchase transaction via the internet is without any face-to-face contact between the parties, based on mutual trust. This condition, of course, can pose a risk with all the legal consequences, including an act against the law, either civil or criminal from one of the parties in an online buying and selling transaction. Although consumer protection in digital transactions has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) and Government Regulation No. 82 of 2012 concerning Implementation of Electronic Systems and Transactions ( PP PSTE), and Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems (PMSE). The vulnerability of this transaction leads to problems that harm consumers, so it is necessary to find alternative solutions, not only through SELISIK - VOLUME 7, NOMOR 2, DESEMBER 2021ISSN: 2460-4798 (PRINT) & 2685-6816 (ONLINE)35litigation, but also through mediation through the Online Dispute Resolution (ODR) mechanism. This paper raises legal remedies that can be taken by consumers in the event of a criminal act of fraud by business actors in digital transactions and legal protection for consumer disputes in digital transactions through the ODR mechanism. ODR as a prospective application in the context of legal reform in the field of digital transaction dispute resolution. Second, legal protection for consumer disputes in digital transactions through the ODR mechanism is an alternative online resolution of consumer complaints based on the freedom to choose the law and dispute resolution. 33 The ITE Law, in addition to providing benefits from aspects of time and cost savings, convenience of the ODR procedure, selection of the third parties in digital transaction dispute resolution]]>
<![CDATA[TANGGUNG JAWAB NOTARIS DALAM MELEGALISASI SURAT JUAL BELI SECARA MELAWAN HUKUM TERHADAP JUAL BELI KIOS SEBAGAI HARTA BERSAMA YANG DILAKUKAN OLEH ISTRI TANPA PERSETUJUAN MANTAN SUAMI SETELAH TERJADINYA PERCERAIAN (STUDI PUTUSAN NOMOR: 598 K/PDT/2017) ]]>
<![CDATA[Anitha Rosmauli Nainggolan]]>;
<![CDATA[Budiman Ginting]]>;
<![CDATA[Hasim Purba]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (229.473 KB)
|
DOI: 10.35814/selisik.v7i2.3042
<![CDATA[A notary as a general official who makes the deed is given the authority to legalize an underhand deed for every appearer who comes to him. Legalization carried out by a Notary basically must be carried out with the principle of prudence in order to avoid legal conflicts that have the potential to be present in the legalization of the deed. Examples of legal issues related to the legalization of private deeds can be seen in decision number 598 K/PDT/2017. The decision stated that the Notary had committed an unlawful act against the legalization of the sale and purchase agreement letter of the kiosk which was basically a joint property in which one of the parties was not involved in the sale and purchase agreement of the kiosk. Thenotary in the decision number 598 K/PDT/2017 can be observed that for his negligence in determining the objective conditions of the contents of the agreement, the judge was decided to commit an unlawful act by the judge on the basis of Article 1365 of the Civil Code. The precautionary principle is the standard of assessment in determining that a notary has committed an unlawful act in legalizing a sale and purchase agreement. The legal force of legalizing a letter of sale and purchase of a kiosk that is legally flawed is that the deed does not have perfect proving power. The parties who play a role in causing harm to the plaintiff for the sale and purchase must be categorized as parties who commit acts against the law for the sake of legal certainty as referred to in Article 1365 of the Civil Code]]>
<![CDATA[PERBANDINGAN HUKUM PENYELESAIAN SENGKETA ARBITRASE DALAM MASA PANDEMI COVID-19 ]]>
<![CDATA[Dea Tunggaesti]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (265.883 KB)
|
DOI: 10.35814/selisik.v7i2.3043
<![CDATA[Pandemic Covid-19 that occur globally is causing a lot of difficulties and obstacles in all aspects. With this resulted in restrictions on the movement of people, social distancing and closing a total of offices and even have an impact on litigation in the national courts. That the application of the trial of the online arbitration institutions has not been done entirely by the Indonesian National board of Arbitration and how the legal certainty of the parties. That the lack of legal protection for the trial of the online in the Supreme Court Regulation No. 1 of 2019 about Methods of Electronic Trials the Arbitration institution should be able to conduct trials online and with the agreement of the parties, then the legal certainty of the parties will also be guaranteed if such things are done in an open and an agreement between both parties]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEKERJA TERHADAP PEMBERIAN UPAH DI BAWAH UPAH MINIMUM ]]>
<![CDATA[Chika Chika Agishintya]]>;
<![CDATA[Siti Hajati Hoesin]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (380.471 KB)
|
DOI: 10.35814/selisik.v7i2.3044
<![CDATA[Wages are workers right that are received and expressed in the form of money as reward from the employers to the employee which is determined and paid according to an employment agreement or statutpry regulations. As a right for workers, the protection of workers against wages should be a concern. When workers are given wages below the minimum wage, it raises several problems. In some regulations, it has been regulated that employers must pay wages to their workers with minimum wage provisions. When workers have been employed and given wages below the minimum wage, it certainly does not reflect the existence of legal protection that accommodates the interests and welfare of these workers. The research method used is normative juridical, which is process to find a rule of law, legal principles and legal doctrines to answer the legal problems faced. The data analysis used is normative qualitative data analysis. Based on analysis results, information can be obtained that legal protection of wages for workers has been regulated in the legislation. However, its implementation is not optimal and there are still some deviations. Therefore, it is necessary to have a supervisory role by Dinas Tenaga Kerja on the implementation of the wage system in employment agreements so that the right of workers can be accommodated to the maximum]]>
<![CDATA[PENGATURAN HUKUM FINANCIAL TECHNOLOGY DI INDONESIA ]]>
<![CDATA[Henri Christian Pattinaja]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (245.152 KB)
|
DOI: 10.35814/selisik.v7i2.3045
<![CDATA[Along with the progress of the era, technology and information systems developed in the community, this made it easier for humans in their daily activities. Looking at trends of shifting transactions, the world is shifting towards a new direction, that is, no longer using physical money, but using Financial Technology. The problem that is formulated is How is the history of the development of financial technology in Indonesia and How are the forms of legal protection arrangements for consumers who use financial technology in Indonesia. This study concludes that the evolution of FinTech that has been seen lately actually originated from credit card innovations in the 1960s, debit cards and terminals that provided cash, such as automated teller machines, ATMs in the 1970s. Then the credit card era was followed by the emergence of telephone banking in the 1980s and various financial products following the deregulation of capital markets and bonds in the 1990s. Furthermore, internet banking emerged, which then encouraged branchless banking and long-distance banking activities. Furthermore, mobile technology emerged which made it easier for financial transactions. And finally the electronic wallet technology was raised, with two companies known in Indonesia as Go-Pay and OVO. The legal protection itself is realized in the Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, Law No.19 of 2016 concerning Amendment to Law Number 11 Year 2008 concerning Information and Electronic Transactions, Law of the Republic of Indonesia No.8 Year 1999 concerning Consumer Protection, as well as Law of the Republic of Indonesia Number 7 of 2011 concerning Currency. The latest additional regulatory protection from Bank Indonesia itself is by issuing Bank Indonesia Regulation No.19 / 12 / PBI / 2017 concerning the Implementation of Financial Technology]]>
<![CDATA[DAYA DUKUNG PERATURAN DAERAH KOTA BANDUNG UNTUK PENERTIBAN DAN PEMBERDAYAAN PEDAGANG KAKI LIMA ]]>
<![CDATA[Sudaryat -]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (282.701 KB)
|
DOI: 10.35814/selisik.v7i2.3063
<![CDATA[Bandung city is a shopping tourism city. As a tourist destination, this city cannot be separated from the existence of street vendors who on the one hand cause urban irregularities but on the other hand have absorbed labor and increased local revenue. The purpose of this study was to obtain a juridical study of the carrying capacity of the Bandung City regional regulations in empowering and controlling street vendors. The results of the study show that the current Bandung City Regulations related to street vendors have not fully supported the empowerment of street vendors and have only touched on the controlling aspect and even then it is still not optimal. In addition, the Bandung City Regional Regulation related to street vendors must support the mission of the city of Bandung as a shopping tourism city not only from the side of control but also from the empowerment side only to make the city of Bandung clean and orderly but create a safe business environment, create jobs and increase local revenue for the city of Bandung]]>
<![CDATA[KEPATUHAN NOTARIS DALAM MELAKSANAKAN KETENTUAN KETENAGAKERJAAN TERHADAP KARYAWANNYA (Studi Kantor Notaris Di Pekanbaru) ]]>
<![CDATA[Elsharia Tampubolon]]>;
<![CDATA[Budiman Ginting]]>;
<![CDATA[Henry Sinaga]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (209.427 KB)
|
DOI: 10.35814/selisik.v7i2.3065
<![CDATA[Notary is a profession that has good prestige and dignity in the eyes of society.Notaries are considered good because they run their offices to help the communityin making authentic deeds, and also as public officials, who should understand,know, and understand the law. Both the law theoretically and the law in practice.However, it is undeniable that the profession that is pinned on a Notary, there aresome individuals who do not carry out or apply the law properly, even though he isa dignified and dignified profession. must be subject to and comply with the law,but must also comply with other laws and regulations. In Pekanbaru City, that thereare still Notaries who provide salaries below the UMK that has been set by thelocal government. This reflects the notary's non-compliance with other laws andregulations other than the notary position law]]>
<![CDATA[Peran Organisasi Maritim Internasional (International Maritime Organization) Melalui Konvensi Di Bidang Kemaritiman Dalam Lalulintas Perdagangan Internasional Di Wilayah Perairan Indonesia ]]>
<![CDATA[FX.Tetuko Zlatoper Sagala]]>
<![CDATA[ Jurnal Hukum dan Bisnis (Selisik) Vol 7 No 2 (2021): Desember 2021 ]]>
Publisher : <![CDATA[Program Magister Ilmu Hukum Universitas Pancasila ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (353.663 KB)
|
DOI: 10.35814/selisik.v7i2.3066
<![CDATA[The sea is the widest part of the entire territory of Indonesia which has an important meaningand role not only as a unifier but also as a means of inter-island trade traffic. The geographicallocation of Indonesia, which is located between the continents of Asia and Australia andbetween the Indian and Pacific Oceans, has an important meaning in the economy, especiallyin international trade traffic and places Indonesia at the crossroads of world trade traffic. Withthis position, Indonesia has become a crossing point for world economic activities, betweenthe trade of industrialized countries and countries in Asia, Africa and Europe. This situation isnot only profitable but also has the potential to cause various legal problems not only relatedto jurisdiction but also other problems related to trading activities themselves. The InternationalMaritime Organization (IMO) is one of the international organizations that has an importantand strategic role in the shipping sector related to aspects of shipping safety and security.Trade between countries by sea - including through Indonesian territorial waters - is animportant part regulated in international agreements. The agreement established by theInternational Maritime Organization (IMO) greatly influences the provisions in the maritimesector and international trade shipping traffic and is a provision that must be adhered to andimplemented by all member countries]]>
