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muchamad arif
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INDONESIA
HUKUM BISNIS
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
 1 
Search results for , issue "Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019" : 8 Documents clear
KARAKTERISTIK PERJANJIAN JUAL BELI MEDIUM TERM NOTES Rosi Nani Putridewi
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (130.221 KB) | DOI: 10.31090/hukumbisnis.v3i1.829

Abstract

Capital Market is a part of financial market, besides money market which has essential role for national development, and specifically become funding alternative for small-medium business. Securities in Indonesia have been developing since 1980 after economic deregulation in financial field. This regulation brings some changes in Indonesia’s financial market development, in terms of securities as a result of financial market development. Capital market instrument can be divided into bonds and stocks/equities. In this research, the writer focuses the research on capital market instruments in the form of Medium Term Notes (MTN). Unlike bonds, there are no regulations that have been regulated until now about Medium Term Notes. So that in this research, the focus is to discuss legal issues, namely the legal relationship of the parties in the Medium Term Notes sale and purchase agreement and the form of legal protection for investors holding Medium Term Notes. This research uses normative research method because this research tries to review legal norms, examining all constitutions and regulations which related to views and doctrines in laws. And the writer's main objective in this research is was to analyze the legal construction of the Medium Term Notes sale and purchase agreement and analyze the form of legal protection against buyers of Medium Term Notes. From this research, it is expected to contribute ideas in the field of law, especially in capital market legal disciplines and used to prevent and resolve legal problems that will arise in connection with the Medium Term Notes. Hopefully this journal can bring benefits, adding broader insight to readers
AKIBAT HUKUM PEWARISAN KARENA AFWEZEIGHEID TERHADAP AHLI WARIS MENURUT HUKUM PERDATA BARAT (B.W) Tan Henny Tanuwidjaja
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (94.898 KB) | DOI: 10.31090/hukumbisnis.v3i1.831

Abstract

The law of the inheritance of the Western Civil Code (Burgerlijk Wetboek, hereinafter abbreviated as B.W), applies to the Foreign Eastern class of Chinese descent (Stb.1917 No.129) and other foreign easts: India, Arab etc. (Stb.1924 No. 556) applies their respective customary laws developed in Indonesia, except for the general will, as well as the European and equivalent classes, under article 163 paragraph 2 of the Indische Staats Regeling. The Law of Inheritance B.W is still the main legal source in solving the problem of the distribution of property for the class of groups, which is set forth in article 830 (B.W). In addition to inheritance under these general requirements, there is also the problem of "Afwezeigheid" inheritance, because of the legal suspicion that the heir is presumed to have died "under article 467- article 469 B.W. How to distribute the inheritance left behind by "The absentee?" To answer the problem, the journal of this law was compiled. May be useful
EKSEKUSI TERHADAP ASET BANK ASING YANG BERADA DI LUAR NEGERI TERHADAP BANK ASING YANG TERLIKUIDASI DI INDONESIA Dina Salsabila Heniasari; Lanni Agustin; Priskila Lambasa Septuagesima Siregar
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31090/hukumbisnis.v3i1.832

Abstract

Not all customer deposits will be guaranteed by the Deposit Insurance Corporation, meaning that customer deposits are only guaranteed by the Deposit Insurance Corporation for Rp. 2,000,000,000.00 (two billion rupiah). The establishment of the Deposit Insurance Corporation must basically be able to protect customer funds. This research aims to determine the process of accountability of returning customer deposits of liquidated foreign banks in Indonesia and the execution of assets of foreign banks in the context of returning customer deposits in Indonesia. The research used is legal research that analyzes library research, by analyzing through legislation, literature, and other reference materials related to the regulation of Foreign Banks. The results of this research explain that. With the existence of the Deposit Insurance Agency, if the foreign bank is liquidated, the institution will replace customer deposits and complete the liquidation process. When the liquidation process of the assets of the foreign bank branch office is insufficient, bank assets abroad will be executed if the head office does not want to be responsible for the obligations of its branch office in Indonesia by completing it at the ICSID convention arbitration body (International Center for Settlement of Investment Disputes). Actually in taking assets abroad in the case of execution of assets that are overseas can be done if there are international agreements such as those carried out by the European Union by making an agreement on the European union convention on insolvency proccedings, this will facilitate the taking of assets in overseas
KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI Ardini Octaviarini
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (113.985 KB) | DOI: 10.31090/hukumbisnis.v3i1.833

Abstract

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.
PATEN TERHADAP APLIKASI PROGRAM KOMPUTER BERBASIS FINANCIAL AND TECHNOLOGY DI INDONESIA Anik Marfistasari; Ennys Kurniawati; Badzlina Putri Indraswati
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (102.511 KB) | DOI: 10.31090/hukumbisnis.v3i1.834

Abstract

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .
PERTANGGUNGJAWABAN PIDANA ATAS PENYALAHGUNAAN PEMBAYARAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) Intifada Atin Nisya’
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (114.21 KB) | DOI: 10.31090/hukumbisnis.v3i1.835

Abstract

This journal is entitled as Criminal Liability for Misappropriation Payments for the Acquisition of Land and Building Rights (BPHTB) by Official Certifier of Title Deeds (PPAT). Normative juridical legal research was applied in this study. The approach used in this problem is the legal approach (statute approach), case approach (case approach), and conceptual approach (conceptual approach). The background study of this thesis is about the problem for the notary as the Official Certifier of Title Deeds / Land Deed Official (PPAT) who is involved in a criminal act. There are several cases of tax evasion and also fictitious tax invoices. One of the cases in this case is the PPAT in Semarang, which ended is subject to criminal acts of Corruption. It was proved by the tax payment money when he should have paid the tax but not paid and she did some data manipulation to enrich himself. In order to establish an action as a violation against the law, the loss of state finances or just against the law has an item belonging to another person in his power, where the goods are not from the proceeds of crime. Based on this background, there are two main issues, namely How does the Ratio Decide in court decisions related to cases of misuse of BPHTB payments made by PPAT and What is the validity of the sale and purchase deed if BPHTB tax invoice and PPh (final) falsified?
PELEPASAN HAK ATAS UPAH DALAM PERJANJIAN BERSAMA ANTARA PENGUSAHA DAN PEKERJA/BURUH Elizabeth Irianti Mayangsari Runtu
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31090/hukumbisnis.v3i1.836

Abstract

Humans must work to maintain their survival, without working humans will not be able to maintain their lives well. Economic development is inseparable from the name of employment which covers all aspects of people's lives where labor and employers conduct a work relationship as an effort to meet the economic needs of the community. Work agreements between employers and workers cannot be separated from the discussion of the problem of the amount of wages and the method of payment. In accordance with Law No. 13 of 2003 concerning Manpower Article 88 paragraph (1), paragraph (2) and paragraph (3a), the government establishes wage policies to protect workers in order to obtain income that fulfills decent livelihoods for humanity, including through minimum wages. In this thesis the constituent focuses on releasing the right to wages made by workers / laborers with a joint agreement between the parties, which also discusses sanctions imposed on employers if the employer pays a wage under the minimum wage stipulated by the local governor. And the compilation target in this journal is whether the release of rights in a collective agreement has binding power in the implementation of Constitutional Court No 72 / PUU-XIII / 2015 decision, of course in legal corridors as stipulated in Law Number 13 of 2003 concerning Labor. Hopefully this journal can be a useful reading and add insight to its readers.
KEWENANGAN PENGADILAN NEGERI DALAM MEMUTUS SENGKETA LELANG PERBANKAN SYARIAH Grace Immanuel Limongan
Jurnal HUKUM BISNIS Vol 3 No 1 (2019): Vol. 3, No. 1, April 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (118.326 KB) | DOI: 10.31090/hukumbisnis.v3i1.837

Abstract

One of the important solutions that must be considered by the government in recovering Indonesian economy is implementing sharia economy. Sharia economy has a strong commitment on poverty alleviation, enforcement of justice, economical growth, elimination of usury and prohibition of currency speculation, thus creating economic stability. Sharia economy which emphasizes justice, teaches concepts that excel in dealing with monetary turmoil compared to conventional systems. This fact has been widely acknowledged by many global economic experts, such as Rodney Shakespeare (United Kingdom), Volker Nienhaus (Germany), etc. Going forward, government must pay more attention to the sharia economy system that has been proven to be effective and more resistant in crisis. Sharia economy system represented by sharia banking institutions have shown to be resilience since it uses a profit sharing system, so that it does not experience negative spread as other conventional banks are. In fact, sharia banking grows in difficult times.Meanwhile, large banks experienced severe downturn which ended in liquidation, some other conventional banks were forced to be recapitulated by the government in a large amount. The budget funds that should be prioritized alleviate people’s poverty, was used to help conventional banks. This is the fact that happens when still using and hold ribawi sharia economics. Therefore, the government is now more concerned with the development of sharia economics in Indonesia, both through ratification of laws and by establishing sharia financial institutions

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