Jurnal HUKUM BISNIS

PENYELESAIAN WANPRESTASI DALAM PERJANJIAN HUTANG PIUTANG DENGAN JAMINAN HAK TANGGUNGAN

DIAN SISCAWATI SETYAWAN — Fri, 08 Sep 2023 15:58:43 +0700

Mortgage is one type of security right besides Mortgage, Pledge and Fiduciary. The guarantee right is intended to guarantee the debt of a debtor which gives the main right to a certain creditor, namely the holder of the guarantee right, to take precedence over other creditors if the debtor defaults. This study focuses on the mechanism for settling bad loans with mortgage guarantees and the execution procedure for mortgage guarantees in cases of default in debt agreements with mortgage guarantees. The problem approach in completing this research is by using the nature of the research in a descriptive analysis, namely by describing the analysis of the executorial power of mortgage rights in the event of bad credit (default) in the debt agreement submitted by the debtor in case Number 24 / Pdt.G / 2012 / PN.Pkl .

Keywords: Mortgage, guarantee right, debt agreements, creditors

KEABSAHAN PERKAWINAN SIRI DITINJAU DALAM PERSPEKTIF HUKUM INDONESIA DAN HUKUM ISLAM

Beni Agus Saputro, Arga Andhika Putra Wibawa, Suwardi Suwardi — Fri, 08 Sep 2023 16:00:04 +0700

Often discussed about a marriage both according to the view of Islamic law and the view of Indonesian law. The meaning of marriage in question is that it is a form of implementation of the Sunnah of the Prophet based on the applicable Islamic law and one of the biological needs of humans that must be fulfilled by nature and has also been regulated in legal arrangements in Indonesia. Issues that arrangements in Indonesia. Issues that are increasingly rife, especially the existence of unregistered marriages or which can be described as marriages on the basis of liking each other without presenting several witnesses as the validity of the marriage. The problems that arise from this description are, first, what is the validity of betel marriage according to Islamic law and second, how is the validity of betel marriage according to Indonesian law. This study aims to reveal the validity value of an unregistered marriage from Islamic law and applicable law in Indonesia. This research uses a statutory approach, and a conceptual.approach

KEABSAHAN PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI BERDASARKAN USULAN DEWAN PERWAKILAN RAKYAT

Moh. Syaihol Hadi — Fri, 08 Sep 2023 16:01:28 +0700

This legal issue is case study on the dismissal of Aswanto’s Judge based on the recommendation of the House of Representative (DPR). The focus of this research is to analyze the issue of the legal status of dismissal and resulting legal consequences. Legal study of this case is analyzed from three perspective, namely the perspective of normative law, administrative law, constutional law. This is normative’s research through statute approach, case approach, and conceptual approach. The results of this research show that the dismissal Aswanto’s Judge is contrary to normative law, which is based on the UUD 1945 and Law on the Constitutional Court. However, the status of his dismissal remains legally and has legal force because it is bound by Presidential Decree (Keppres). Likewise, when referring to the doctrine of constitutional law, this practice can be called a constitutional convention.

Keyword: Judge of Constitutional Court, Dismissal, House of Representative (DPR)

PERLINDUNGAN-HUKUM-PEMEGANG-MEREK-TERKENAL TERHADAP-PELANGGARAN-MEREK UNTUK MEMBANGUN KEPASTIAN DALAM KEGIATAN PERDAGANGAN DI INDONESIA

Faizin Rahmadi Akbar — Fri, 08 Sep 2023 16:06:47 +0700

To have the status-of a well-known mark, a brand-requires a lot of effort and time, even after the brand has the status-of-a well-known-mark, more efforts are still needed to legally protect the well-known-marks. Trademark infringement is a problem that--has-been rampant and is highly avoided by trademark owner, especially well-known mark, because the consequences of trademark infringement can be detrimental to the well-known mark owners themselves. This-research uses-normative research-methods. The results-of the-study show-that legal remedies that can-be-taken by well-known-mark-owners are to file a claim for compensation and a lawsuit-for cancellation-or deletion-of a-mark to the Commercial-Court, but the owner-of a-well-known mark does not necessarily receive a refund of the value of the loss according to the loss.

Keywords: Well-Known Marks, Trademark Infringement, Legal Protection.

PENGISIAN JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM HAL TERJADI PENUNDAAN PEMILU DALAM PERSPEKTIF UUD 1945

Moh. Syaihol Hadi — Fri, 08 Sep 2023 16:07:47 +0700

This legal issue originates from the discourse on postponing the 2024 general election. The focus of this research is to analyze the issue of constitutional reason for postponing the general election and filling the potitions of president and vice preside when a postponement of general election. This research is a normative research, and uses a statute approach and a conceptual approach. The results of this research show that postponing general election can occur if amendments to the UUD 1945 are made. And non-legally, through a constitutional convention, a legal revolution, or through a presidential decree.In addition, the postponement of general elections can lead to legal uncertainty and chaos, one of which is a vacancy for the positions of president and vice president. Because there is not norm of UUD 1945 which regulates the mechanism for filling the positions of president and vice president, the result is a legal vacuum. The problem of vacancies in positions and legal vacuumcan be overcome by optimizing the judiciary, namely the Constitutional Court.

Keyword: Filling the Positions, President and Vice President, Postponing the General Election

KEWENANGAN PENERBITAN SERTIFIKASI PROFESI ADVOKAT OLEH ORGANISASI ADVOKAT (STUDI PUTUSAN MAHKAMAH KONSTITUSI No. 35/PUU-XVI/2018)

Septino Guntur Pamungkas, Rusdianto Sesung, Zawida Ainia — Fri, 08 Sep 2023 16:08:48 +0700

The establishment of the Bar Association by Act No. 18 of 2003 on Lawyers has raised a debate as to which organization is recognized by the law. The decision of the Constitutional Court No. 35/Law-XVI/2018 on the Organization of Lawyers is the result of the material examination request submitted by a number of lawyers. The research method used is Normative research. The results of the research indicate that Peradi is the only container of the lawyer profession has eight authorities. The existence of advocacy organizations outside the existing Peradi cannot be prohibited as an expression of freedom of association and assembly guaranteed by Article 28 and Article 28E paragraph (3) of the 1945 UUD. Only, the lawyer's organization is not authorized to exercise those eight powers as contained in the MK Decision No. 66/Law-VIII/2010 dated 27 June 2011. Therefore, any action by a lawyer's organization other than PERADI that appears to be exercising one of the eight (eight) powers of PERADI granted by the Law on Lawyers is an act against the law that is detrimental to PERADI as the sole party entitled to such authority.

Keywords: lawyers, advocates, lawyer organizations