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HUKUM BISNIS

hukumbisnis
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Published by Universitas Narotama Surabaya

ISSN : - EISSN : 24600105 DOI : https://doi.org/10.31090/hukumbisnis.v3i1.829

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary law

Arjuna Subject : Umum - Umum

Articles 8 Documents

Search results for , issue "Vol 2 No 1 (2018): Jurnal Hukum Bisnis" : 8 Documents clear

KEDUDUKAN HUKUM PENYIDIK TERHADAP OBYEK PRAPERADILAN Arief Dwi Atmoko
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

The supreme court issued the principle of law number 4 in 2016 on prohibition of judicial decision for a review of pre judicial. Weighing of the award the constitutional court 21/PUU-XII/2014 IS the result a review article 77 KUHAP judicial, and the constitutional court number 65/PUU-IX/2011 is the result the state judicial to review the rate of article 83 verse 2 KUHAP. In shortcut number 4 years 2016 explained that phrase ‘ evidence ‘, beginning enough evidence is a minimum of two evidence any, as well as “the suspect”, “the seizure”, and “shake down”. Are including amongst the as an object pre judicial. As in the law and that there is no legal remedy again. Intended legal remedy was “for a review of the ban to the award pre judicial”. After shortcuts number 4 years 2016 former has been no longer legal remedy to a preliminary injuction, and now this pre judicial decisions really final.

PERLINDUNGAN HUKUM PEMEGANG JAMINAN KEBENDAAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013 Bintang Aulia Hutama; Tri Sadini Prasatinah Usanti
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

There is an adagium that the material guarantees holder have an absolute right to be enforced when juxtaposed with individual guarantees holder. Decision of the Constitutional Court number 67 / PUU-XII / 2013 laid down the payment of wages of workers should take precedence of payment when juxtaposed with the payment of creditors separatis and state claim rights. Based on the decision of the Constitutional Court above, it can be concluded that material rights are not always absolute. It is a big question about the existence of a material right that can be upheld when compared to individual guarantor holders.Keyword : Material Guarantees Holder, Constitutional Court Decision, labor wages

TANGGUNG GUGAT RUMAH SAKIT BM DAN TIM DOKTER ATAS TINDAKAN PEMBIUSAN TOTAL DI PERGELANGAN TANGAN TN YANG BERAKIBAT SYARAF JARINGAN TANGAN MATI DAN MEMBUSUK SEHINGGA DUA JARI HARUS DIAMPUTASI Stevie Maggie Santoso
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

When a person needs a medical action the person will go to the hospital or the doctor's office to ask for help in handling the health constraints he is facing. But if such medical action harms the patient for any mistakes, omissions or lack of prudence, then the need to provide legal protection against the patient who loses the medical treatment. The results of the study show BM Hospital and the team of doctors accountable to the TN, because: BM Hospital is legally responsible for all losses caused by negligence made by health personnel, ie doctors working in the hospital, based on Article 46 of the House Law Pain and Article 1367 KUHPer. The team of BM Hospital physicians is legally responsible for providing four injections of anesthesia that are not in accordance with professional standards, standard operating procedures, and not referring patients to other doctors who have better skills or abilities, pursuant to Article 51 of the Medical Practice Law.Keywords: Liability, Hospital, Medical Actions

PENGAWASAN KETENAGAKERJAAN DI BIDANG KESEHATAN KERJA SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI BURUH Dimas Karnadi Sofian
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

The number of problems in the field of labor that is not completed ie one of them with the non-fulfillment of occupational health for workers by employers. As a result, labor is threatened with work-related diseases that are not experienced directly but gradually. In this regard, the government is obliged to provide protection to workers by conducting labor inspection in the field of occupational health. Thus, workers rights in occupational health can be met by employers. Occupational health is one of the important factors to create a conducive business world. In order to support it, the role of government is expected to be more leverage in conducting labor inspection in the field of occupational health. So that the government immediately issued the regulation of labor inspector in the field of occupational health in addition to providing adequate facilities in the supervision process.Keywords : Labor Inspection, Occupational Health, Legal Protection

ANALISIS PUTUSAN KPPU NOMOR 07/KPPU-I/2013 TENTANG DUGAAN PERSEKONGKOLAN PT. ANGKASA PURA II DAN PT. TELEKOMUNIKASI INDONESIA DALAM PENGADAAN LAYANAN E-POS DI BANDARA SOEKARNO-HATTA Anissa Sesio Julia Putri
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

Angkasa Pura II and PT. Telecommunications Indonesia, Tbk were suspected of doing violation of competition at Soekarno-Hatta Airport regarding the use of e-Post. PT. Telkom Tbk became the partner of Angkasa Pura II in running the system. According Angkasa Pura II as manager of Soekarno-Hatta, this business was performed to run the synergy between SOEs as instructed by the Minister of SOEs in which in its operation, Angkasa Pura II required Internet services for its tenants. Telkom proposed telecommunication services required by Angkasa Pura II in the form of e-Post. E-Post is a system to check the income of tenants (tenants) running their business in Soekarno-Hatta Airport. Angkasa Pura II was entitled to a percentage of tenants’ profit. This system was intended to ensure total royalties to be received by Angkasa Pura. Business Competition Supervisory Commission (KPPU), in the judge’s consideration outlined their decision in decision No. 07/KPPU -I/2013. Both companies are considered legally and convincingly violating Article 15 paragraph (2) of Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Competition. Angkasa Pura II and Telkom declared that e-Post cooperation isin accordance with the rules and regulations prevailing in Indonesia. Having outlined the chronology of cases associated with the relevant regulations, it can be seen that Angkasa Pura II did not perform bid rigging or perform certain agreements with Telkom Indonesia, because it is part of SOEs synergy.Keywords: Conspiration, SOE, e-Post, Tender.

KEPAILITAN JOINT OPERATION DAN TANGGUNG JAWAB PARA PESERTA JOINT OPERATION Zukhruffiyah Rizqi Addinda; Hadi Shubhan
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

The Joint Venture bankruptcy which is a limited liability company has been regulated both in Law Number 40 of 2007 on Limited Liability Companies and Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Obligation of Debt Payment. The form of a Joint Venture business entity has also been specified in several regulations. This is in contrast to the related Joint Operation rules which are a joint venture of two or more companies to run a project within a certain period of time and do not establish a new legal entity in accordance with Indonesian legislation. Lack of Joint Operation arrangements either in terms of definition, the form of the business entity or in the event of a bankruptcy petition against Joint Operation by a third party, it creates a legal void. Uncertainty in bankruptcy of Joint Operation is about the position of Joint Operation whether as the legal subject of bankruptcy and / PKPU, and result in responsibility for debt which is not paid by Joint Operation. Moreover, there have been cases of bankruptcy and PKPU against Joint Operation with Case Number 54 / PKPU / 2012 / PN. Jkt.Pst between PT. Putra Sejati Indomakmur to Joint Operating Body (JOB) Pertamina-Golden Spike Energy Indonesia Ltd.Keywords: bancrupty, business entity, Joint Operation

TANGGUNG GUGAT HENDRI DAN PEGAWAI BNI TASIKMALAYA TERHADAP SISKA GOEI ATAS KERUGIAN AKIBAT PEMBLOKIRAN BILYET GIRO Fabiola Ceasaria Tiffany
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

Hendri deeds that determine the existence of blocking bilyet giro but still use the one sheet of bilyet giro by transfer it to Siska Goei as payment and he does not informed about the blocking bilyet giro to Siska Goei including wanprestasi action because failure to discharge duty in an agreement so Hendri shall provide compensation in the form of reimbursement of costs, damages and interest based on Article 1243 jo. Article 1246 of the Code Civil Law. BNI Tasikmalaya’s employee acknowledge inaccuracies in selecting the reason for blocking bilyet giro because limited time and has become a habit of picking reason missing on the Certificate of Rejection (SKP) Bilyet Giro. BNI Tasikmalaya’s employee who do omission / lack of caution can be liable based on Article 1367 Code Civil Law, get administrative sanction which is an obligation to pay based on Article 27 act (1) Regulation of Bank Indonesia number 8/29/PBI/2006 for break the rule of Article 13 act (1) Regulation of Bank Indonesia number 8/29/PBI/2006, that does not administer Bilyet Giro with complete and right rejection. Keywords: Liability, Administrative Sanction, Bilyet Giro.

OPTIMALISASI KUOTA PEREMPUAN DI PARLEMEN BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 22-24/PUU-VI/2008. Oryza Puspa Yudha
Jurnal HUKUM BISNIS Vol 2 No 1 (2018): Jurnal Hukum Bisnis
Publisher : Fakultas Hukum Universitas Narotama

Women's representation in elections has been limited to only 30% (thirty percent) of the total number of MPs. This shows that in addition to women's inactivity in politics, gender issues can be an indicator of the legislative candidate's victory in the general election. This is very contrary to the number of Indonesians who are mostly women. The Constitutional Court in Decision Number 22-24 / PUU-VI / 2008 affirms the concept of the constitutionality of affirmative action. The regulation on the 30% quota of women is not a large number of women in Parliament, but only on the number of women at the time of the election of legislative candidates in the General Election. This becomes an irony because it is arranged only at the time of general election that in fact then women have to compete again with men in the general election.Keywords: Affirmative positive, Parliament, Court Decision No. 22-24.

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muchamad arif

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Editorial Address
Kampus Universitas Narotama. Jl. Arif Rahman Hakim No. 51 Surabaya

Location
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Jawa timur

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name muchamad arif

Contact Email muchamadarifunnar@gmail.com

Phone +6282148131332

Journal Mail Official muchamadarifunnar@gmail.com

Editorial Address Kampus Universitas Narotama. Jl. Arif Rahman Hakim No. 51 Surabaya

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
muchamad arif

Contact Email
muchamadarifunnar@gmail.com

Phone
+6282148131332

Journal Mail Official
muchamadarifunnar@gmail.com

Editorial Address
Kampus Universitas Narotama. Jl. Arif Rahman Hakim No. 51 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA