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Jurnal Hukum IUS QUIA IUSTUM
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691
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Hubungan Hukum Para Pihak dalam Peer to Peer Lending

Hartanto, Ratna, Ramli, Juliyani Purnama

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The development of digital world has provided various services that are beneficial for the community, one of which is the presence of information technology-based lending and borrowing services or known as peer to peer lending. However, the current applicable regulations have not clearly explained the construction of the legal relations among the parties involved in peer to peer lending platform. Regarding the fact that some peer to peer lending services are similar to those of banks, the Financial Services Authority (OJK) is required to affirm the construction of the legal relations among parties so as to create legal certainty. Based on this explanation, there is a question: how is the Legal Relation among the Parties involved in Peer To Peer Lending in terms of the Legal Certainty for these Parties. This study used a normative method. The results showed that peer to peer lending services providers are not banks that collect funds from the community and distribute them to the community. Therefore, the legal relation among the parties involved in peer to peer lending shall be differentiated from the legal relations among the parties involved in banking sector, especially in the business activities of distributing funds through credit or financing agreements. The legal certainty in peer to peer lending shall be fulfilled so that peer to peer lending business activities are not categorized as an illegal bank and so that this business is able to provide legal standing for all the parties.

Iktikad Tidak Baik dalam Pendaftaran dan Model Penegakan Hukum Merek di Indonesia

Fajar, Mukti, Nurhayati, Yati, Ifrani, Ifrani

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Trade mark not only functions as an identity but also contains economic value so there are many efforts regarding bad-faith trademark registration. This study aimed to find the concept of bad-faith registration and to know the law enforcement in Indonesia. This was a normative legal research, with statute approach, conceptual approach, and case approach. The results of the study showed that: first, the concept of bad-faith has been regulated in Trademark Law Number 19 of 1992, Trademark Law Number 15 of 2001 and Law Number 20 of 2016. The concept of bad-faith is when an applicant is reasonably suspected to register his trade mark improperly and dishonestly to imitate, copy, or follow the trade mark of other parties for the interests of his business, create unfair business competition atmosphere, deceive, or mislead consumers. Second, the law enforcement on bad-faith trade mark registration is carried out by (a) rejecting the trade mark since registration process; (b) removal of trade mark by trade mark owners, government (ministers) or third parties; (c) revocation of trade mark by lawsuit in Commercial Court.

Perluasan Kompetensi Absolut Pengadilan Tata Usaha Negara dalam Undang-Undang Administrasi Pemerintahan

HR, Ridwan, Heryansyah, SHI., MH., Despan, Pratiwi, SH., MH., Dian Kus

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study focused on the extension of the absolute competence of the State Administrative Court (PTUN) in Law Number 30 of 2014. This study had two objectives, first, the extension of the absolute competence of PTUN and second, the implications on the extension of the absolute competence of PTUN. This study used normative legal method, where the da. The results showed that there are several forms of extension of absolute competence ta were enriched by conducting interviews with PTUN judges in several regions in Indonesiaof PTUN, such as the authority to examine factual conducts, examine abuse of authority, examine administrative efforts, examine legally accepted decisions, and examine discretion. Meanwhile, an implication after the enactment of this law on the legal system in Indonesia is there are a number of articles which are not only ambiguous, but also contradict the doctrines and theories of administrative law that has long been adopted by administrative law experts

Perlindungan Hukum terhadap Korban Human Trafficking dalam Perspektif Hak Asasi Manusia

takariawan, agus, putri, sherly ayuna

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study discussed the forms of legal protection for trafficking victims in the perspective of human rights and the mechanism of providing restitution and legal protection for trafficking victims in the perspective of human rights. The study used normative legal method with statute and case approahes. The data analysis was descriptive qualitative. The results concludes that the legal protection for trafficking victims are in the forms of restitution, compensation, and rehabilitation, while some other forms of legal protection are not applicable due to various factors. One of the inhibiting factors is the absence of a clear mechanism for paying restitution to trafficking victims. Thus, Article 48 in Law No.21 of 2007 concerning Human Trafficking is not applicable so that either the article needs amendment or its implementing regulation is made, so that the rights of victims in the trial can be implemented

Hak Konstitusional Partai Politik dan Konsekuensi Calon Presiden-Wakil Presiden Tunggal di Indonesia

Ghoffar, Abdul

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study aimed to examine the constitutional rights of political parties in nominating President-Vice President candidates, and the possibility of single candidate to result in a vacancy in the position of President-Vice President in Indonesia. This study used normative legal method, with a statute approach, historical approach, and a comparative approach. The results of this study concluded that: First, in terms of constitution, there is no presidential threshold on political parties to propose President-Vice President candidates. In addition, according to Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia, all political parties that qualify as the participants in the 2019 Election have the right to nominate President-Vice President candidates; not only those parties that have representatives in the House of People’s Representatives (DPR). Second, a single candidate has the potential to result in a vacancy in presidency because if the winner is an empty box, then it is certain that Indonesia does not have a President-Vice President

Perlindungan Hukum Terhadap Kebudayaan Melalui World Heritage Centre UNESCO

Budi Asri, Dyah Permata

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Legal protection for culture is important because Indonesia has a diversity of cultures which serve as valuable assets. The problems of this study were first, why is the arrangement of Traditional Cultural Expressions in DIY needed in order to provide protection? Second, what is the legal protection of traditional cultural expressions according to UNESCO World Heritage Center? This study aimed to find out about the reasons why the protection for TCE is important and the TCE protection according to UNESCO World Heritage Center. This was a normative legal research using both primary and secondary data. The result of this research concludes that Yogyakarta has carried out efforts to protect and maintain culture because this region has a diversity of cultures so there is a possibility that the ownership of these cultures is claimed by other parties. The local government of Yogyakarta has carried out inventory and documentation efforts, but these efforts are not yet optimal. UNESCO through its World Heritage Center has also performed inventory and documentation on Indonesian cultures. Preventive measures through inventory and documentation are needed to prevent Indonesian cultures from being claimed and exploited without permission by other countries. Until the present time, there are 19 (nineteen) Indonesian cultures that have received UNESCO’s recognition.

Demokrasi dan Legalitas Mantan Narapidana dalam Pemilihan Kepala Daerah dan Pemilihan Umum

Tanjung, Muhammad Anwar, Saraswati, Retno

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The focus of this study was on the decision of the Constitutional Court number 4/PUU-VII/2009 and decision number 14-17/PUU-V/2007 which legitimize former prisoners as regional head and legislative candidates. This study aimed to analyze the legality of former prisoners to participate in an election and the efforts to be made after the Constitutional Courts decisions in terms of building democracy in Indonesia. This study used normative research method with statute and conceptual approaches. The results of this study concluded that first, a former prisoner has constitutional right as a candidate in an election that is a part of non-derogable rights except by a court decision that has permanent legal force. Some efforts to build democracy are made by issuing regulations that technically explain the decisions of the Constitutional Court for former prisoners who will participate in an election as well as severe sanctions for the violations, and involving the supervision of election organizing committee in the nomination process.

Perlindungan Hukum Terhadap Konsumen Pada Perjanjian Pembiayaan dengan Fidusia Tidak Terdaftar

Herlina, Elis, Santi, Sri

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Fiduciary guarantee shall be registered, so that it has execution order, but sometimes fiduciary guarantee is accepted even if it is not registered. The problem in this study was how is the legal protection for consumers in a fiduciary agreement that is made without a notarial deed and is not registered at the Fiduciary Registration Office seen from Law Number 42 of 1999 concerning Fiduciary Guarantee and Law Number 8 of 1999 concerning Consumer Protection. This was a normative legal research. The results of the study concluded that the legal protection of consumers in a financing agreement with an unregistered fiduciary guarantee is that the principal (someone hiring fiduciary agent) can sue for compensation against the fiduciary agent on the basis of unlawful acts as stipulated in Article 1365 of the Civil Code. In addition, in the event of a crime, a person can be sued by Article 368 of the Criminal Code. Financing agreements with fiduciary guarantees shall contain clauses in accordance with the Consumer Protection Law because regarding this violation, business actors are punishable with maximum imprisonment of 5 (five) years or a maximum fine of IDR 2,000,000,000.00.

Sengketa Tapal Batas Antar Daerah Otonom di Indonesia: Studi Kasus di Provinsi Riau

Mahmuzar, Mahmuzar -

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study aimed to find out about the causes of boundary disputes between autonomous regions in Indonesia, especially in Riau Province, and the procedures for the settlement. This was a socio-legal research, i.e. analyzing the law that exists in a community. This study used both primary and secondary legal materials, obtained through field surveys, library research, and interviews with key informants. The results of this study showed that the boundary disputes between autonomous regions in Indonesia, especially in Riau Province, are caused by: First, the boundary markers are located far from each other; Second, there is custody of government and citizenship administrative services; Third, the interests of capital owners and; Fourth, political interests. The settlement of the boundary disputes between autonomous regions in Indonesia, especially in Riau Province, is through the decision of the state officials/administrative authorities and court decisions i.e.: decision of the State Administrative Court and the Constitutional Court

Ketiadaan Batas Waktu Suspensi dan Implikasinya Terhadap Perlindungan Investor Pasar Modal Indonesia

Rahadiyan, Inda -, Ambarsari, Diah Ayu

Jurnal Hukum IUS QUIA IUSTUM Vol 25, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The problems in this study include First, how is the regulation of suspension and its implications on the legal certainty for listed companies? Sekond, what are the implications of the absence of time limit for suspension on investor protection? Third, how is the time limit for suspension in the United States? This study used normative legal method. The results of the study indicated that First, the absence of regulation regarding the time limit for suspension by the Indonesia Stock Exchange results in the absence of legal certainty for listed companies subject to suspension. Sekond, the absence of time limit for suspension has an impact in the form of a low legal protection for investors. Third, Suspension in the United States imposed by the Securities Exchange Commission (SEC) is limited to a certain period of time. The regulated time limit for imposing suspensions in the United States provides more legal certainty for listed companies and more legal protection for investors.

Issues
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