LEGAL PROTECTION FOR CONSUMERS BY THE FINANCIAL SERVICES AUTHORITY (OJK)

Lalu Ahcmad Fathoni

Abstract:

This study aims to know, understand and review regulatory arrangements by Bank Indonesia and OJK in an effort to provide legal protection for consumers in the financial services sector (in particular the Banking sector) under the Banking Act and its implementation regulations. What approaches are used in this study among other approaches are statutory approaches; Conceptual approach; A historical approach; and Comparative Approach.

 

Keywords: supervision, Bank Indonesia, OJK

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IMPLEMENTATION OF HALAL TOURISM STANDARDIZATION IN TOURISM DEVELOPMENT IN NTB

Adrian Adi Hazmana

Abstract:

This study is an empirical law study, with a statutory approach, a conceptual approach, and a sociological approach. Based on the results of the research, the implementation of standardization of halal tourism services in West Nusa Tenggara on destinations conducted by the Department of Culture and Tourism through the fulfillment of public facilities according to halal tourism. The standardization of halal tourism industry is done by the Department of Culture and Tourism, the Department of Industry and Commerce and the Health Service, and the Ulema Council of Indonesia-West Nusa Tenggara as the institution authorized to issue halal certificates. The implementation of standardization through halal certification of the industrial sector has been increasing since 2015. Factors affecting the standardization of halal tourism services are legal factors (legislation), legal structure (law enforcement), supporting facilities or factors, community factors and cultural factors

 

Keywords: implementation, standardization, halal tourism

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PROTECTION OF PARTIES AGAINST THE DESTRUCTION OF FIDUCIARY ASSURANCE OBJECTS IN FINANCING AGREEMENTS AT FINANCING INSTITUTIONS (BCA FINANCE STUDY)

I Komang Sugiantara Artha Putra, H Abdullah Idrus, Kurniawan

Abstract:

The purpose of this study is as follows: (a). Know and analyze legal protection for parties to financing agreements on the issue of loss of fiduciary assets in financial institutions at BCA’s finances. (b). To know and analyze the accountability of the parties to fiduciary assets that have been destroyed in credit agreements at financial institutions at BCA. This thesis uses empirical juridical research method that is legal research that serves to see the law in the real sense and examines how the law works in society. It can be argued that legal research is derived from the facts that exist in society, legal entities or government agencies. The result of this research is that the legal protection for parties related to the loss of fiducia fiduciary goods in financing agreement in financial institution of BCA in the form of preventive protection that is with the guarantee of fiduciary object, hence it is a form of protection to debtor and creditor given by company insurance. While the responsibility of the debtor against the fiduciary fiduciary destruction on the financing institution BCA Finance.yaitu debtor remains responsible for repay the loan even if the fiduciary assurance object is insured or not insured. The results of this study in accordance with the theory of responsibility, especially the theory of fautes personalles. According to this theory responsibility is addressed to humans personally.

 

Keywords: protection, object, guarantee, fiduciary, financing institution

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STANDING ASSEMBLY ELECTION DISPUTE SETTLEMENT VILLAGE HEAD (STUDIES IN WEST SUMBAWA REGENCY)

Ahmad Irfan Sani

Abstract:

This study aimed to analyze the Status of Assembly Resolution Election Dispute village head (studies in western Sumbawa district).

This research is a normative under consideration that this study departs from the analysis of the regulations legislation that describes the legal aspects related the position of the Assembly on Electoral Dispute Settlement village head.

The approach used is regulatory approach legislation, the conceptual approach and the approach to the case. Technics collection of legal materials to the study of literature. After that legal materials processing performed by holding systematization

then do reasoning logically and systematically with descriptive qualitative analysis and draw conclusions in a manner deductive. Based on the results of this study concluded that based It can be concluded, that the authority of the Assembly

Dispute settlement in the settlement village election dispute over village elections in West Sumbawa regency true West Sumbawa Regent is the authority granted by Article 37 paragraph (6) of Law No. 6 of 2014 on the village through Attribution in order to dispute election results village. The authority delegated by the Regent of West Sumbawa to Village Head Election Committee of the Regional level (PPKD District) through The mandate and the authority delegated back by PPKD District the MPS Village Head Election through Sub Mandate.

 

Keywords: assembly resolution, dispute, Pilkades

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JUDICIAL CONSEQUENCES OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA AGREEMENT ON ESTABLISHMENT AND SETTLEMENT OF LEGAL ENTITY NAHDATUL WATTAHAN (NW)

Orde Bakti

Abstract:

This research is intended to answer two main legal issues that is 1). What is the arrangement of association organization as a legal entity based on the laws and regulations in Indonesia? 2). How is the juridical consequence of the Supreme Court Judgment on the Legal Entity of Nahdatul Wathan (NW) Legal Entity.

To answer the problems that have been formulated in this research used several approaches method: Statutory approach and conceptual approach. Based on the results of research show: 1). Understanding associations in Indonesia is very simple, based only on the existence of a collection of people who have intent and purpose so that all business entities and legal entities that exist in Indonesia is defined as an association. Legal entities that have existed in Indonesia are similar to whether the association is a limited liability company, cooperatives, foundations all already have a clear legal umbrella and high, namely the Law while the Association, the regulation of Legal Entity Association is still based on the Dutch colonial legacy rules staadsblaad No 1870 and also spread to other regulations. The regulation concerning the legalization of an Entity Law entity is only stipulated in a Ministerial Regulation alone whose position is far below the law, namely the Regulation of the Minister of Justice and Human Rights No. 6 of 2014 is concerning Legal Entity Legal Entity. 2). whereas with the issuance of the Supreme Court Decision Number 37 K / TUN / 2016 which annulled the Decree of the Minister of Law and Human Rights No. AHU-00297.60.10.2014 dated 11 July 2014, the existence of the Religious Social Organization established under Deed No. 48, dated October 29 1956, made by Hendrik Alexander Malada, Notary of Mataram Assistant, registered and enacted by the Minister of Justice of the Republic of Indonesia through Letter Number J.A.5 / 105/5, dated 17 October 1960 remains in recognition.

 

Keywords: judicial consequences, agreement on establishment, Nahdatul Wattahan

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ANALYSIS OF COOPERATION AGREEMENT ON HOTEL DEVELOPMENT AND MANAGEMENT (STUDY AT HOTEL LIAN)

Danu Setyo Darsanti Putra, Aris Munandar, Salim HS

Abstract:

The existence of the policy of the Regional Government to expand and declare the business opportunity, the various potential accommodated and various fields of tourism business with various scales can be realized its implementation, to support tourism activities in the area of Senggigi Lombok Barat one of which is the problem in the construction of Hotel Lian done on the basis of cooperation owners land with the 2nd party with the investor as the investor with the cooperation agreement between the two parties, then there is a civil relationship in the context of being bound by the agreement of both parties so that with the agreement which has been mutually agreed to create rights and obligations between both parties.

 

Keywords: cooperation agreement, development and management

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IMPLEMENTATION OF WAQF LAND REGISTRATION AND LEGAL IMPLICATIONS (STUDY ON POTENTIAL AND UTILIZATION IN EAST LOMBOK)

Lalu Dading Permadi, Muhaimin, Lalu Sabardi

Abstract:

In East Lombok there are many transition and registration of land rights of waqf. Data on the Office of the Ministry of Religious Affairs of East Lombok Regency, the number of waqf land which is already certified area of 195,291 M2, then the land of endowment which already has the deed of pledge waqf but not certified 715.039 M2 and waqf land which has not AIW / APAIW of 28.258 M2. The purpose of this research is to know the implementation of registration and transfer of waqf land in East Lombok regency, due to law of registration and waqf land acquisition in East Lombok regency and to know the factors influencing the implementation of the registration and transition of waqf land in East Lombok regency. The results showed that the implementation of registration and transfer of waqf land in East Lombok Regency was guided by waqf regulation. The consequence of law of registration and transfer of waqf land in East Lombok Regency is to guarantee legal certainty and protection for the parties. Factors affecting the registration and transition of waqf land in East Lombok Regency consist of internal factors and external factors.

 

Keywords: registration, land waqf, legal implications

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THE ARREST OF ERROR IN PERSONA BY INVESTIGATORS (POLICE): A REVIEW OF LEGAL LIABILITY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA

Taharudin

Abstract:

The problem of wrongly arrested by investigator in this case the police is still interesting thing to be studied. This is related with the provision of wrongly arrested by the police in occurrence of Error in Persona in Indonesia and the accountability of police investigator in case of Error in Persona according to the regulations in Indonesia.

This research uses a normative juridical approach. Normative research is conducted on the theoretical matters of the principle of law.

Based on the result of research and discussion it can be seen that the provision of the arresting (Error in Persona) by investigators in positive law is regulated in the law no. 48 of 2009 about Judicial Power. The accountability of investigator against the occurrence of wrongly arrested of error in persona under the Criminal Procedure Code (KUHP), divided into two ; Material Responsibility, and Immaterial Responsibility.

Based on the explanation above then the author’s suggestion is : regulations should contain a strict sanction for investigators (police) in order not to wrong victim catch; and an amendment of Law. No 2 of 2002 about Indonesian National Police shall be made, to affirm the wrongly arrest by the investigator (police) is part of the conception of violation.

 

Keywords: error in persona, police, legal liability, positive law

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LEGAL RESPONSIBILITY OF PPAT WHILE AGAINST MINUTA DEED OF MISSING

Arisma Rahmat Mulana, Djumardin, Lalu Husni

Abstract: The purpose of this research is to know what causes the loss of minuta deed, to know and understand the strength of proof of deed made by PPAT Temporary to minuta deed is missing if a time of dispute to minuta deed and to know and comprehend the responsibility of law of PPAT while against minuta deed PPAT which has been made and declared has been lost. The results of the research indicate the factors that caused the loss of minuta deed due to several factors, namely due to the lack of orderly administration. The power of proof of the deed made by the PPAT temporary if the PPAT certificate minuta is lost becomes like the power of the deed under the hand because it does not meet the requirements of birth, material requirements or formal conditions. PPAT legal responsibilities while the minuses of PPAT deeds are lost, administrative, civil or criminal sanctions can be solicited.

 

Keywords: responsibility, minuta deed PPAT, PPAT meanwhile

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MODELS OF LAND USE CHANGE EFFECTED BY POLICIES WITH SUSTAINABILITY LIVELIHOOD APPROACH USING STRUCTURAL EQUATIONS MODELING (SEM) (CASE STUDY IN KEPANJEN, MALANG REGENCY)

Dwi Siswahyudi, A. Hakim, A. Wicaksono, and Agus Dwi W

Abstract: The development of an area is often accompanied and in line with human growth. Therefore, the development continues to be done in order to meet the needs of people who are increasingly increasing the number of population. Currently, development that has been encouraged by various individuals and institutions that exist is still not regular and still not in accordance with the function of the region and the need for existing resources. Seeing the growing population growth every year requires a development that is appropriate to the needs that exist today. Seeing this, it is necessary spatial planning to achieve harmony and balance in the utilization of existing potentials to create an efficient and effective environment. In addition, the creation of an efficient and effective environment will create harmonious and harmonious relationship between human and the environment. The purpose of this research is to know the relation between population, transportation and government policy variables influenced by Sustainability Livelihood Approach (SLA) variable on land use change and to know the dominant factor of Sustainability Livelihood Approach (SLA) that support and hinder the policy process in the change of governance land use. The research method used is exploratory research method with quantitative exploratory approach with Structural Equation Modeling (SEM) analysis conducted on the respondents in Kepanjen Malang Regency. Based on the results of the study found the relevance of Sustainability Livelihood Approach (SLA), Population, Transportation and Land Use in the research location. However, the government policy is not related to land use change in the research location. This explains that government policy has no significant effect on land use change.

 

Keywords: Sustainability Livelihood Approach, Population, Transportation, Land Use, Government Policy, SEM

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