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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 6 Documents
 1 
Search results for , issue "Vol 7 No 1 (2023): Volume 7 No 1 2023" : 6 Documents clear
Urgensi Akta Perjanjian Kerja Sama Notaris dalam Bisnis Waralaba ditinjau dari Pasal 1245 KUH Perdata Ahmad Naufal Qois; Habib Adjie
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The COVID-19 pandemic has had a significant impact on business activities related to logistics access, which had stalled, resulting in potential non-fulfillment of obligations in business contracts. In the franchise business, there are many unilateral agreements that must be obeyed by business partners. Most of the people agree to the agreement that has been made unilaterally by the franchisor or franchisor. This research method uses a normative juridical approach, carried out with analytical descriptive analysis of juridical studies on authentic deeds, notarial cooperation agreements, franchise businesses and overmacht (Article 1245 of the Civil Code). The technique of collecting legal materials is done by studying literature, browsing internet materials in the form of articles and scientific journals. The urgency of the notary cooperation agreement deed in the franchise business is the legal basis to protect the rights and obligations of the parties. Article 1245 of the Civil Code provides legal protection for parties involved in the deed of agreement. An authentic deed becomes a technical step related to legal remedies that are carried out in the event of a compelling situation experienced by one of the parties in a franchise business agreement. Keywords: Urgency, Notarial Cooperation Agreement, Franchise Business, Article 1245 of the Civil Code
KEPASTIAN HUKUM PARTISIPASI MASYARAKAT DALAM PENERBITAN PERIZINAN DIBIDANG PERTAMBANGAN Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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This study aims to understand the essence of community participation in various stages of mining business permits. This research method uses a normative method and then analyzed qualitatively with a Legislative and Conceptual approach. Meanwhile, community participation related to their involvement in the issuance of IUPs has not been considered effective as based on Law no. 3 of 2020, Law no. 32 of 2009, PP No. 8 of 2018, PP No. 22 of 2021, Minister of Environment Regulation No. 17 of 2012, as well as laws and regulations related to Amdal or UKL-UPL. In addition, the supervision of the rock mining business permit found environmental damage due to the mining business activity, in addition it was found that there were miners who carried out reclamation outside the mining business permit area and did not meet the criteria for success in the reclamation effort. so that he was ordered to re-do efforts to restore the environment in damaged locations that are within the mining business permit area. Mining business activities carried out without the participation of the surrounding community can cause social, environmental and economic problems for the community. Especially ecological problems that have a huge impact on the community such as floods, abrasion, forest fires, landslides and tornadoes, according to data from the South Sulawesi Walhi, throughout 2019 nearly 1.03 million residents of South Sulawesi were affected by this ecological disaster.Keywords: legal certainty, licensing, mining.
PENERAPAN DISKRESI PEJABAT FUNGSIONAL PENGELOLA PENGADAAN BARANG/JASA DALAM PENYELENGGARAAN PENGADAAN BARANG/JASA PEMERINTAH Vieka Ariestyani Antari; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This paper aims to determine the limits of the implementation of the discretion of the Goods/Services Procurement Management Functional Officer in the implementation of the Government's procurement of goods/services and to find out the form of legal protection for the Goods/Services Procurement Management Functional Officer for the application of discretion in the implementation of the Government's procurement of goods/services. The research method uses normative legal research, using the approach used in this study is the statutory approach and the conceptual approach. The focus of this research plan is the freedom to act on the basis of discretion exercised by government administration bodies/officials, not without limits. This freedom is limited by the General Principles of Good Governance (AAUPB), so it is hoped that there will be no abuse of authority. But if there is a legal deviation from the discretionary decision which results in losses to the community, then the discretionary decision must still be accounted for. By giving freedom of action (discretion) to the state administration in carrying out its duties to create a welfare state, it is hoped that public welfare will truly be created. Because in principle government administration agencies/officials may not refuse to provide services to the community on the grounds that the law does not exist or the law exists but is not clear, as long as this is still under their authority.Keywords: Discretion, Procurement of goods/services, Functional Position of Goods/Services Procurement Management
HUKUM PERKAWINAN BEDA AGAMA MENURUT PUTUSAN MK NO.71 PUU-XX 2022 Fitri Mindari Handayani; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The diversity of religions and beliefs in Indonesia does not rule out the possibility of inter-religious marriages occurring. According to Article 35 and its explanation, as well as Article 37 paragraph (1) of Law Number 23 of 2006 concerning Population Administration which indirectly provides opportunities for interfaith marriages to occur. This type of research is Normative Legal Research by defining legal issues, collecting legal materials, studying legal issues based on the materials that have been collected, drawing conclusions in the form of arguments that answer legal issues. The conclusion from this study is that according to the law, interfaith marriages are invalid through a review of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law and Islamic Law and Constitutional Court Decision Number 71/PUU-XX/2022.Keywords: interfaith marriage
PENGENAAN SANKSI ADMINISTRATIF PELANGGARAN INTENSITAS PEMANFAATAN RUANG Abitya Indah Rosiani; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Spatial use control is carried out to realize spatial use in accordance with the spatial plan and implemented to encourage everyone to comply with the established spatial plan, utilize space in accordance with the spatial plan, and comply with the provisions stipulated in the requirements for space utilization activities. One of the ways to control the use of space is through the imposition of sanctions. This study aims to provide a description and academic recommendations for setting administrative fines for violations of the intensity of spatial use in the context of building construction in the city of Surabaya. This study tries to discuss the forms of violations of spatial use intensity and legal conformity in the imposition of administrative sanctions for violations of spatial use intensity against the construction of buildings in the city of Surabaya. The conclusion of this study is that the form of violation of the intensity of spatial use is a violation of the technical provisions as stated in the Description of the City Plan (KRK) which is the basis for preparing the building's technical plan, while the legal conformity is carried out when applying for a Building Permit and determined by a Regional Fines Decree (SKDD) ) with the amount of the administrative fine taking into account certain aspects. To apply fines for violating the intensity of spatial use, the Surabaya City Government needs to compile a legal basis regarding the procedures for imposing fines for violating the intensity of spatial use.Keywords: spatial use control, administrative sanctions.
PERLINDUNGAN HUKUM HAK ULAYAT MASYARAKAT ADAT SUKU TAMBEE DI KABUPATEN LUWU TIMUR Ismail Th. Sapiu
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Ulayat rights are a series of authorities and obligations attached to a customary law community. Indigenous peoples are a group of people who have the same cultural identity, live for generations in the same geographical area based on ties of ancestral origins, have wealth and customary property that are jointly owned and have customary institutions or norms. This research uses normative juridical research methods, namely analyzing a legal problem with applicable rules. Whereas the existence of the Tambee tribe community existed before the independence of the State of Indonesia until now, the village inhabited by the Tambee tribe has abundant natural potential supported by a fairly large area. Bearing in mind that land has economic value, ulayat land located in the village must be safeguarded for assets. That form of legal protection for ulayat land located in a ulayat village must be certified in order to protect and provide legal certainty in the form of a certificate. Whereas the safeguarding of communal land assets is carried out first by stipulating communal land by the local Regional Government by requiring the support of local law enforcement officers. After obtaining a decree, the land is registered at the local land office for measurement and a land parcel identification number is issued as the basis for land registration. Keywords : Customary law community, Tambee Tribe, Government of East Luwu

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