Suchergebnisse

This research aims to determine the classification of legal relationships between platform service
providers and online transportation drivers as gig workers (platform workers). The choice of theme is
motivated by the fact that so far the legal relationship that occurs between platform service providers and
online transportation drivers is a partnership relationship, but the partnership relationship that occurs does
not implement the principles of partnership in its implementation in the business world. This partnership
cooperation relationship is not regulated in the Law Number 20 of 2008 regarding Micro, Small, and Medium
Enterprises or the Indonesian labour law because the Indonesian labour law only recognizes working
relationships, while in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises because
the original intent of the partnership in Law No.20/2008 is very different from the partnership relationship
that is currently happening between platform service providers and online transportation drivers. Then the
writing of this paper uses a normative juridical method with a statutory approach and an analytical
approach. The legal material obtained by the author will be analyzed using descriptive analytical analysis
techniques, namely a method of analyzing legal material by determining the content or meaning of legal rules
in terms of partnership cooperation relationships, as well as the Civil Code. From the results of research
with the above methods, the classification of legal relationships between platform service providers and
online transportation drivers as gig workers (platform workers) is classified as a partnership relationship
based on the Subordinate union of partnership, namely a partnership based on the merger of two or more
parties that are subordinately related.

The concept of a limited liability company based on Law Number 11 of 2020 concerning Job
Creation (UU Cipta Kerja) through Government Regulation in Lieu of Law Number 2022 concerning Job
Creation (Perppu Cipta Kerja) after being declared conditionally unconstitutional by the Constitutional
Court, has now found its foundation again. This article examines the normativity of limited liability
companies after the Perppu Cipta Kerja in two focuses. First, it relates to the legal ratio for the establishment
of an individual company, and second, the normativity of an individual company from the perspective of
Critical Legal Studies. Based on the type of normative research supported by conceptual, statutory, and
philosophical approaches, this article concludes two: First, the legal ratio for the establishment of individual
companies in the Perppu Cipgta Kerja is the government's great desire to provide convenience for MSEs in
doing business and creating jobs. Second, based on the analysis of trashing, deconstruction, and genealogy,
individual companies in the Perppu Cipta Kerja are still full of liberal individualism with a capitalist
economic system style

This study aims to analyze and formulate the provisions on witnesses in Law Number 30 of 2004 on notary position jo Law Number 2 of 2014 on Amendment to Law Number 30 of 2004 on notary position in the making of sharia notarial deed. This research is a normative legal research which utilizes stаtute аpproаch and conceptual аpproаch. The provision regarding the number of witnesses in making a sharia deed by a Notary is that if the witness consists of 1 (one) man, then it has to be followed by 1 (one) man. The absence of 1 (one) man can be replaced by 2 (two) women in accordance with the provisions of Islamic law based on Al-Qur'an Surah Al Baqarah [2:282]. Since the sharia deed is a deed that accommodates the provisions of Islamic law that are not contained in a conventional deed, according to the researcher, the sharia deed should be following the Islamic Law. For this reason, the provisions of the reading of sharia deeds by a notary before witnesses must provide an explanation that woman have the power of proof of ½ (half) of man in the reading of sharia deeds or a new rule that accommodates these provisions.

This study aims to determine and analyze the ratio legis to determine the minimum percentage of 10% minority shareholding in Law Number 40 of 2007 concerning Limited Company. The methodology used in this research is normative legal research with a statute approach and a conceptual approach. The results showed that the ratio legis for determining the minimum percentage of minority share ownership of 10% in Law Number 40 of 2007 concerning Limited Company consists of four things, namely the condition of the Indonesian economy when Law Number 40 of 2007 was made, also influenced the determination the minimum percentage number for minority shareholding, so that in Indonesia the number 10% is determined, the 10% percentage number is not the majority number, the 10% number is a reasonable percentage number for shareholders who have paid up capital to be considered as minority shareholders, and the 10% number is determined. carried out by considering the value of the rupiah that has been deposited by the shareholders as paid up capital. ; Este estudio tiene como objetivo determinar y analizar el ratio legis para determinar el porcentaje mínimo de participación minoritaria del 10% en la Ley Número 40 de 2007 de Sociedad Anónima. La metodología utilizada en esta investigación es la investigación jurídica normativa con enfoque de estatuto y enfoque conceptual. Los resultados mostraron que el ratio legis para determinar el porcentaje mínimo de participación minoritaria del 10% en la Ley Número 40 de 2007 sobre Sociedades Anónimas consta de cuatro cosas, a saber, la condición de la economía indonesia cuando se promulgó la Ley Número 40 de 2007, también influyó en la determinación del número de porcentaje mínimo para la participación minoritaria, de modo que en Indonesia se determina el número del 10%, el número de porcentaje del 10% no es el número mayoritario, el número del 10% es un número de porcentaje razonable para los accionistas que han desembolsado capital a ser considerados accionistas minoritarios y se determina el 10%. realizado considerando el valor de la rupia que ha sido depositada por los accionistas como capital desembolsado. ; O presente estudo tem como objetivo determinar e analisar a ratio legis para determinar o percentual mínimo de 10% de participação minoritária na Lei nº 40 de 2007 relativa à Sociedade Limitada. A metodologia utilizada nesta pesquisa é a pesquisa jurídica normativa com uma abordagem de estatuto e uma abordagem conceitual. Os resultados mostraram que o rácio legis para determinar a percentagem mínima de participação minoritária de 10% na Lei n.º 40 de 2007 relativa às sociedades anónimas consiste em quatro coisas, nomeadamente a condição da economia indonésia quando a Lei n.º 40 de 2007 foi feita, também influenciou a determinação do número percentual mínimo de participação minoritária, de modo que na Indonésia o número 10% é determinado, o número percentual de 10% não é o número da maioria, o número de 10% é um número percentual razoável para acionistas que integralizaram capital para ser considerados acionistas minoritários, sendo fixada porcentagem de 10%. realizado considerando o valor da rúpia que foi depositado pelos acionistas como capital integralizado.

Abstract: This paper aim to analyze the legal implications of legal conflicts between Article 126 paragraph 1 and paragraph 3 of UUPT.Article 126 paragraph (1) of Law no. 40 of 2007 regarding Limited Liability Company (UUPT) states that the acquisition process should consider the interests of minority shareholders. But in article 126 paragraph (3) UUPT that the business undertaken by minority shareholders under Article 62 UUPT does not stop the acquisition process. It appears that the UUPT has not yet provided legal protection for minority shareholders and there is a legal conflict between Article 126 paragraph (1) of the Company Law which wishes to provide legal protection to minority shareholders and paragraph (3) of the article which illustrates that the shareholders' Minorities do not stop the acquisition process. By approach of legislation and case approach, the result is that there is no legal certainty over legal efforts by minority shareholders in using the voting rights in accordance with the shares they hold when the minority shareholders do not approve the acquisition. UUPT has not provided clear legal protection for minority shareholders so that in the process of acquisition of minority shareholders is impairedAbstrak: Tulisan ini bertujuan untuk menganalisis implikasi hukum terhadap konflik hukum antara pasal 126 ayat 1 dan ayat 3 dari UUPT. Pasal 126 ayat (1) UU No. 40 Tahun 2007 tentang Perseroan Terbatas (UUPT) menyatakan bahwa proses akuisisi harus memperhatikan kepentingan pemegang saham minoritas. Tetapi pada Pasal 126 ayat (3) UUPT tersebut menyatakan bahwa usaha yang dilakukan pemegang saham minoritas berdasarkan Pasal 62 UUPT tidak menghentikan proses akuisisi. Terlihat belum konsistennya UUPT memberikan perlindungan hukum bagi pemegang saham minoritas dan terlihat adanya konflik hukum antara Pasal 126 ayat (1) UUPT yang ingin memberikan perlindungan hukum kepada pemegang saham minoritas dan ayat (3) dari pasal tersebut yang menggambarkan bahwa upaya hukum yang dilakukan pemegang saham ...

The final and binding nature of international arbitral awards results in the nullification of the rights of the parties to file legal remedies against the arbitral award, as is the case with decisions of national courts that can be appealed, appealed, or reviewed. However, Article 68 paragraph (2) of Law Number 30 of 1999 concerning arbitration and Alternative Dispute Resolution provides an opportunity for parties who refuse to recognize and implement an international arbitral award that can be appealed to, as well as Article 70 must also be explained that Article this applies only to national arbitrations. This of course creates legal uncertainty, disuse, and injustice for the parties. Therefore, what is highlighted in this research is what is the position of the final and binding international arbitration award in Indonesia. The research method used in this article is legal research using primary and secondary legal materials. The results of the research show that the position of international arbitral awards in Indonesia is not the same as the decisions of national courts because they cannot be appealed, cassated, and reviewed. Therefore, it is necessary to completely amend international arbitration arrangements by removing Article 68 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in order to provide legal certainty, benefit, and justice for the parties.

Forest and land fires often occur in Indonesia. The effects of fires are far-reaching and have significant impacts on the environment, economy, heritage and social structure of rural areas, as well as nearby cities and neighboring countries. Often the community is the victim of forest and land fires. The community expects benefits in the implementation of law enforcement. However, based on the ideals and objectives of the law, there is not a single legal umbrella or legislation that accommodates the interests of victims of forest and land fires. The purpose of this study is to find out how the government's authority in providing protection to the rights of people who are victims of forest and land fires. This research is normative legal research with a statutory approach, a comparative approach and a historical approach. The legal materials used are primary, secondary, and tertiary with the technique of analyzing legal materials using Systematic, Grammatical, Extensive and Historical interpretation methods. The results of the study indicate that the government's authority in providing protection for the rights of the victims of forest and land fires is to provide preventive legal protection in the form of laws and regulations made based on the authority of the government as a legislator.

Determining the Price Limit Value at the Parate Auction for Execution of Collateral Goods Bound to Mortgage, departs from the issues discussed, namely how the parate reconstruction of mortgage execution and the role of the parties in determining the limit value of the auction price of goods justice based guarantees? The purpose of this research is to analyze and find the reconstruction of the execution parate of mortgage rights and the role of the parties in determining the limit value of the auction price of collateral based on justice. The research method uses normative legal research, with a statutory approach (statute approach) and a case approach (case approach). Sources of legal materials used consist of primary, secondary and tertiary legal materials, while the analysis of legal materials is carried out in a descriptive qualitative manner. Based on the results of the research, it can be concluded that the parate reconstruction of mortgage execution must be based on justice, meaning that execution through parate execution based on the provisions of Article 6 of the Mortgage Rights Law, must also be balanced with other prerequisites that must be passed in order to minimize the arising of arbitrariness. The role of the parties in determining the limit value of the collateral auction price will be well realized if in determining the limit value determined based on the results of the appraiser's assessment, where the auction limit value must be as low as the liquidation value so that the auction office has the authority to reject the auction request. submitted by the seller, if it does not comply with the standards specified in the Minister of Finance Regulation No.27 / PMK.06 / 2016.

Forest and land fires often occur in Indonesia. The effects of fires are far-reaching and have significant impacts on the environment, economy, heritage and social structure of rural areas, as well as nearby cities and neighboring countries. Often the community is the victim of forest and land fires. The community expects benefits in the implementation of law enforcement. However, based on the ideals and objectives of the law, there is not a single legal umbrella or legislation that accommodates the interests of victims of forest and land fires. The purpose of this study is to find out how the government's authority in providing protection to the rights of people who are victims of forest and land fires. This research is normative legal research with a statutory approach, a comparative approach and a historical approach. The legal materials used are primary, secondary, and tertiary with the technique of analyzing legal materials using Systematic, Grammatical, Extensive and Historical interpretation methods. The results of the study indicate that the government's authority in providing protection for the rights of the victims of forest and land fires is to provide preventive legal protection in the form of laws and regulations made based on the authority of the government as a legislator.

Indonesia's strategic geographic position as a link between the Central and Middle East Asia regions with Australia in the movement of migration flow has made Indonesia a transit area that many immigrants pass through. What needs to be watched out for are illegal entrances (mouse path), both sea routes and land routes, considering that Indonesia is a large archipelagic country and existing crossings have not been optimally guarded. Looking at these conditions, the existence of a world organization in Indonesia that deals with refugees, namely the United Nations High Commissioner for Refugees (UNHCR), can provide some temporary or permanent solutions, with short or long processes and mechanisms, which must be passed by refugees. The existence of refugees in Indonesia should be managed by the flow of the process in which refugees will be placed in third countries. In the waiting process when they will be dispatched to a third country, the refugees occupy a shelter which is then under the supervision of RUDENIM (Immigration Detention Center). From the description above, the problem in this research is studying RUDENIM's supervisory function on additional tasks in the context of immigration control of refugees in the aspect of state sovereignty. The research method used in answering problems is using normative juridical research methods, by analyzing secondary data and legal materials related to statutory regulations, books, and scientific journals. This research also uses several approaches, namely statutory approach, conceptual approach, and case approach.

The philosophy of law is a science that analyzes law in a philosophical way. So that, the object of the science of legal philosophy is legal norms, and the object is evaluated in a way that is at the heart or basis, which is called the law. The philosphy of law has a wider area than the investigation of the workings of law regarding certainty, truth and objectivity. The position of the philosophy of law in the scientific constellation is as a basis for ethical logic about law. Philosophy of law is a science that specifically discusses the nature of law in a fundamental and comprehensive manner which is always dealing with scientific constellations consisting of the social and natural sciences, so that it's also at the intersection f the sciences as well as at the meeting point between the sciences. Science and it intersects with the ethics and logic.

The purpose of this article is to discuss the meaning of material rights in fiduciary security in the perspective of Law Number 42 of 1999 concerning Fiduciary Security. The research method used is document review with the Statute Approach approach to fiduciary legislation as primary legal material, as well as various secondary legal materials such as the results of fiduciary scientific studies and literature reference materials about fiduciary. The analysis used is Content Analysis of articles related to fiduciary law. The results showed that the meaning of property rights in nature is always attached to the owner. On the other hand, according to customary law, the meaning of property rights is essentially communal/collective (family/community) as the basis for their rights, both for movable or immovable objects in their possession. Essentially fiduciary property rights are handed over from the debtor's hands to the creditor, with a belief that the property rights will be handed over again if the debtor has paid off his debts, but in the process of surrender, control and his debts often cause legal problems, even though the Fiduciary Guarantee Institute has been formed. The conclusion that the meaning of material rights in fiduciary security lies in the matter of 'Delivery' and 'Mastery' of the items guaranteed.

The principle of Land Law reads Nemo Plus Juris Transfere Potest Quam Ipse Habet which means that no one can transfer the rights to the land but the owner. In the Land Law, this means that the land can be transferred if the land owner transfers it before the competent official, in this case the Land Deed Official. This is in line with Article 28 H (4) of the 1945 Constitution which states that every person has the right to own private property and these property rights cannot be taken over arbitrarily by anyone. However, this principle doesn't apply in practice. The provisions of article 33 paragraph (3) of the 1945 Constitution are not fully applied in the transfer and registration of land rights with the deed of the Land Deed Making Official, because there is a legal vacuum related to the meaning of the Good Faith Principle in the transfer and registration of land rights with the deed of the Land Deed Making Official. By incorporating the meaning of the Good Faith Principle in the transfer and registration of land rights with the deed of the Land Deed Making Official to the statutory regulations, the Government's Good Faith Principles will be realized in the form of Algemene beginselen Van Behoorlijk Bestuur.