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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
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Search results for , issue "Vol 7 No 2 (2023): Volume 7 No 2 2023" : 6 Documents clear
Pungutan Pemerintahan Desa Terhadap Masyarakat Sebagai Penyelenggaraan Pemerintahan Desa Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Illegal levies are acts committed by a person or civil servant or state official by requesting payment of an amount of money that is inappropriate or not based on the regulations relating to the payment. It is often equated with extortion. In fact, extortion is the designation of all forms of unofficial levies, which have no legal basis, so the act of levies is referred to as illegal levies (extortion). Illegal levies in most of the cases that occur have an element of abuse of authority. Is there an element of error and criminal responsibility for illegal levies? Abuse of the authority of an official in his position to commit illegal levies part of the core offense. The element against the law is very much needed to determine someone has committed a crime. Is the unlawful element in illegal levies in line with the principle of legality or not. The author realizes the limitations of the author's ability to complete this paper. However, the author hopes that what the author provides in writing this law can be useful for the author personally and all readers.Keywords: illegal levies (extortion) and public services
PENGENAAN SANKSI DAFTAR HITAM BAGI PELAKU PENGADAAN BARANG/JASA PEMERINTAH Ira Kurnia Prasetia; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This paper aims to find out the forms of violation of the law in the procurement of government goods/services that can be subject to blacklist sanctions and to find out the legal consequences of imposing blacklist sanctions for perpetrators of government procurement of goods/services. In administering the government of a country, the state has the duty to carry out the life of the nation and state in order to improve the welfare of its people. To carry out this main task, one of which is that the government has the obligation to provide adequate facilities and infrastructure to be used by its people in various forms, whether in the form of goods, services or infrastructure development. The government can not always provide its own facilities and infrastructure needed by its people, for that the government seeks to carry out development through spending activities using third parties, namely providers/partners for procurement of goods and services as implementation of the application of sanctions for providers in the process of procurement of goods and services, one of which high integrity and able to help the government in realizing quality facilities and infrastructure for the community. From the government's point of view, the imposition of blacklist sanctions for election participants/providers aims to provide a deterrent effect to election participants/providers who are incompetent.Keywords: Procurement of government goods/services, blacklist sanctions, procurement actors
KEBERLAKUAN PERATURAN DAERAH KOTA SURABAYA NOMOR 1 TAHUN 2016 TENTANG RETRIBUSI PENGOLAHAN LIMBAH CAIR DALAM BENTUK TINJA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH Ayu Wulandari; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Prior to the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, Surabaya City Regional Regulation Number 1 of 2016 concerning Levies for Processing Liquid Waste in the Form of Feces was officially valid and binding in the City of Surabaya with reference to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. This paper aims to find out the enactment of Surabaya City Regional Regulation Number 1 of 2016 concerning Retribution for Liquid Waste Treatment in the Form of Feces after the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. The focus of this study is to analyze the legal status of Surabaya City Regional Regulation Number 1 of 2016 concerning Retribution for Liquid Waste Treatment in the Form of Feces after the enactment of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments; and to analyze the legal norms in the Regional Regulation of the City of Surabaya Number 1 of 2016 concerning Levies for the Treatment of Liquid Waste in the Form of Feces which are no longer in accordance with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. The research method uses normative legal research, using a statutory approach (statue approach) and a conceptual approach (conceptual approach). The collection of legal materials is carried out through literature review, both primary and secondary legal materials. The result of the research is that the legal status of the Liquid Waste Treatment levy is still valid and it is possible to collect it. Contextually, the Feces Liquid Waste Treatment Retribution is interpreted as part of the category of cleaning services in the General Services Retribution so that the Regional Regulation of the City of Surabaya Number 1 of 2016 is declared to remain valid and valid and juridically the regulated norms are still in accordance with Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, but adjustments still need to be made, especially the formulation of the calculation of fees taking into account economic principles and the intended adjustments are stipulated in the form of a Regional Regulation.Keywords: Regional finances, regional fees, and waste
PENEGAKAN HUKUM TERHADAP PERIZINAN REKLAME DI KOTA SURABAYA SESUAI PERWALI NO. 21 TAHUN 2018 Ovi Shinta Mayasari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Advertisements are promotional media in the field of services that aim to influence or attract the public in order to buy or pay attention to a particular product. There are many cases of violations against unlicensed billboards so that problems regarding advertisement tax in each region always seem to occur and raise many questions about the function of oversight of billboards that has been carried out so far. One of the efforts to control billboards is through the imposition of administrative sanctions. Administrative sanctions are the core of administrative law enforcement used by authorities as a reaction to non-compliance with state administrative law norms. This study aims to provide a description and academic recommendations related to the law enforcement of advertising licensing in the city of Surabaya. This study tries to discuss the form of holding billboards and imposing sanctions on violations of billboard licensing laws in the city of Surabaya. The conclusion of this study is that the form of holding billboards is a violation of technical provisions, billboards are not licensed, SIPR expires, billboards are blank material and taxes are in arrears as stated in Perwali No. 21 of 2018 which is the basis for the implementation of billboards in the city of Surabaya, while the imposition of sanctions for violations of advertising licensing laws by imposing administrative sanctions in the form of written warnings, freezing of SIPR, sealing of billboard buildings, revocation of SIPR, placing a cross on billboard material and/or publishing in the mass media; and/or demolition of advertisements. It is hoped that billboard organizers will comply more with the established rules so as to create legal awareness and reduce the risks arising from violations. The active role of various parties, both regional apparatus and the community, is also needed to control oversight of advertisement violations.Keywords: advertising violations, supervision, administrative sanctions
Kewenangan Pemerintah Daerah Dalam Penerbitan Persetujuan Bangunan Gedung Pasca Berlakunya Perppu Nomor 2 Tahun 2022 Tentang Cipta Kerja Ari Wulandari
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The issuance of Government Regulation in Lieu of Law (Perpu) Number 2 Year 2022 on Job Creation has a significant impact on building permits in Indonesia. The Perpu aims to encourage the acceleration of building permits by reducing bureaucracy and improving efficiency in the approval process. However, although this regulation provides steps in changing building licensing regulations, there are limitations on the authority of local governments in issuing building approvals after the enactment of the regulation. Surabaya City Government's authority to issue PBG is through the Office of Investment and Integrated Stu Pintu (DPMPTSP) based on technical recommendations from the Office of Public Housing and Settlement Areas and Land (DPRKPP). In providing Building Permit services to the community, it needs to be supported by adequate financing. Local revenues, including Local Tax and Retribution (PDRD) revenues, as regulated in Law Number 1 Year 2022 on Financial Relations between the Central Government and Local Governments have regulated the types of retribution that can be collected by the Local Government when providing services to the community. The types of retribution that can be levied on the community include Building Construction Permit Retribution which is used for regional expenditure in the form of funding the implementation of government affairs that fall under regional authority. One of the mandatory affairs related to basic services, the implementation of building construction in regency/city areas, including the granting of Building Construction Permit, is one of the priorities in allocating regional expenditure. Local governments are authorized to collect IMB/PBG retribution, by first establishing a local regulation on retribution in accordance with the provisions of laws and regulations.Keywords: PBG, Authority, Local Revenue
PERTANGGUNGJAWABAN PIDANA KORPORASI PADA PERSEROAN PERSEORANGAN Martin Setiawan; Miftakhul Huda
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Government deregulation through Government Regulation in Lieu of Law No. 2 of 2022 has brought several implications to the business world, especially concerning the establishment of sole proprietorships. As this is a new development in the Indonesian business landscape, issues related to sole proprietorships lack sufficient comparative studies. This research aims to analyze and identify the mechanisms of criminal liability that can be applied to corporations within the context of sole proprietorships. A sole proprietorship is a legal entity with characteristics that combine elements of both corporations and individual ownership. The complexity of corporate criminal liability increases when applied to this legal structure. The implications of applying corporate criminal law to sole proprietorships require further examination due to the unique nature of sole proprietorships compared to regular corporations. The research methodology employed is legal research, utilizing a principled approach to law and utilizing primary and secondary legal sources. Normative data is obtained through an examination of regulations related to corporate criminal liability in sole proprietorships. Empirical data is derived from literature or journals authored by legal practitioners, academics, or corporate representatives. The results of this study reveal that corporate criminal liability within the context of sole proprietorships faces several challenges, including the identification of perpetrators and roles in corporate criminal activities, as well as the determination of proportionate sanctions. This study employs a general overview as one of the methods to draw conclusions. Further comprehensive research is needed to gain a deeper understanding of the complexities involved in the application of criminal liability to corporations within the unique context of sole proprietorships. Keywords : deregulation; corporation; PERPU; sole proprietorship; corporate criminal liability

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