Recital Review

Settlement Disputes in Banceuy Traditional Village: Perspective of Customary Law and Islamic Law

Hazar Kusmayanti — 2024-07-20

In the realm of marriage, the indigenous community residing in the Banceuy Traditional Village still conducts Sundanese traditional ceremonies, despite marriages being conducted under Islamic law.There are times when the married life of these indigenous people experiences prolonged disputes. This research aims to examine the settlement of marital disputes in the Banceuy traditional village from the perspective of customary law and Islamic law. The approach method used in this research is normative juridical research. The research specifications used are descriptive analytical, namely by providing data or a description as accurately as possible regarding the object of the problem. Based on the research, it is concluded that the dispute resolution that is often adopted in the community order of Banceuy Traditional Village is known as babadan tenan. Dispute resolution by babadan tenan, in which the parties to the dispute will appoint traditional elders and/or hamlet heads to mediate disputes in a marriage relationship in the customary jurisdiction of Banceuy Traditional Village. Of course, this peaceful dispute resolution is known in Islamic law because Islamic law teaches the use of peacemakers similar to the practice of mediation in the Indonesian legal system.

Keabsahan Akun Media Sosial Sebagai Harta Bersama Perkawinan Bilamana Terjadi Perceraian

Teresa Cindy Kusuma — 2024-07-20

The purpose of this journal is to gain an understanding of the validity of social media accounts as part of joint assets in marriage and to identify division procedures in the event of a divorce. The aim of writing this article is to answer legal questions using normative legal research methods that combine a legislative approach with legal concepts to analyze applicable theories, concepts, legal principles and regulations. Findings from the study indicate that social media accounts can be considered marital assets if they are considered virtual property, which has an impact on the division of marital assets. Property arrangements in marriage law include two categories: inherited property and joint property. Social media accounts that are included in joint assets can trigger disputes when dividing assets when a divorce occurs. There are several solutions to resolve disputes related to social media accounts that are jointly operated as joint property, such as selling them and dividing the proceeds or making an agreement to share profits from social media account income after a divorce occurs.

Kekuatan Mengikat Klausula Arbitrase Dalam Kontrak Kerjasama Ditinjau Dari Hukum Perjanjian Dan Undang – Undang Nomor 30 Tahun 1999 Tentang Arbitrase

Taufiqoh Bina Ariani — 2024-07-20

In order for the parties to be able to use arbitration as a means of resolving disputes that may or may not have already existed, the most important thing they need to do is come to an agreement in advance that is written down and approved by the parties. In view of this, the issues that will be examined in this paper are: What is the place of the assertion proviso in Regulation Number 30 of 1999 concerning Discretion and Elective Question Goal, How is the limiting force of the mediation condition in light of agreement regulation. The system utilized is regulating juridical and is concentrated on utilizing the resolution approach and is connected to the issues examined. This study's findings are based on Law No. 30 of 1999, which stipulates that parties must first enter into an arbitration agreement or clause before arbitrating a dispute can be resolved. The reason for the limiting force of the discretion statement is Article 1338 passage (1) of the Common Code and Article 11 of Regulation Number 30 of 1999. A contract has binding force and must be carried out by the parties if it contains an arbitration clause.

Kepastian Hukum Penyelesaian Sengketa Gagal Bayar Debitur Pada Layanan Peer To Peer Lending Di Indonesia

Ramadhan Fahmi Budi Raharja — 2024-07-21

Peer to Peer lending is a form of online-based money lending service. P2P Lending has potential risks that can give rise to legal problems, namely the risk of default by the loan recipient. when the debtor default, the party who suffers the main loss is the lender. This type of thesis research uses the Normative Juridical method by taking a statutory approach and a conceptual approach. The results of the thesis research, legal certainty is achieved by using laws or regulations that are currently in effect, such as the Civil Code, Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, OJK Regulation No. 10/POJK.05/2022. legal implications received by debtors who fail to pay on P2P Lending, the debtor receives a warning from the P2P Lending organizer, the debtor is subject to sanctions in the form of fines and interest charges that continue to increase, the debtor experiences collection by collectors, recorded on a blacklist by OJK. the dispute resolution option that can be taken by creditors together with P2P Lending providers who suffer losses due to debtors' failure to pay can be pursued through non-litigation and litigation dispute resolution.

Penyimpanan Protokol Notaris Dengan Konsep Elektronik Dengan Cyber Notary

Meilina Rosa — 2024-07-21

The purpose of this study is to understand and analyze the urgency of electronic storage of notarial protocols within the concept of cyber notary. Additionally, it aims to explore the regulations and procedures for electronic storage of notarial protocols in Indonesia and South Korea. The electronic storage of notarial protocols, as envisioned by this concept, has not yet allowed for the transition to electronic media; notaries are still required to maintain conventional storage methods. Consistent with the legal research method used, which is normative juridical research. This involves reviewing the applicable laws and regulations and utilizing secondary data as the primary data source. Based on the research findings, it can be concluded that the ambiguity in the existing norms necessitates significant improvements and evaluations related to the regulation of electronic storage of notarial protocols, which may be feasible to implement in Indonesia, provided it does not conflict with existing laws and continues to fulfill the authenticity requirements of deeds as stipulated in Article 1868 of the Indonesian Civil Code (KUHPerdata)

Royalty Hak Kekayaan Intelektual sebagai Harta Bersama dalam Perkawinan di Indonesia : Trilemma Yuridiksi

Dwi Suryahartati — 2024-07-22

This research aims to reveal that royalties as intangible movable objects can be counted as assets in marital property. Various perspectives such as Islamic law, civil law, and the Indonesian National Marriage Law fight to strengthen the argument. This research is normative legal research that is prescriptive in nature using a conceptual approach, a statutory approach, and a comparative approach. Empirically, intellectual property rights are difficult to be considered objects that can be shared. The main focus in this research is on the legal and ethical aspects that underlie profit sharing in the context of intellectual property as a right. On the other hand, the civil law perspective explores the secular law that regulates the distribution of royalties. This article examines the issue of managing legal conflicts between several different legal systems and identifies points of convergence and divergence between Islamic legal perspectives and intellectual property law and marriage law.

Penerapan Prinsip (MFN) dalam Regional Comprehensive Economic Partnership dan Dampaknya terhadap Kebijakan Perdagangan Indonesia

Robby Aulia Hidayat — 2024-07-22

In the era of globalisation and trade liberalisation, countries around the world continue to develop forms of international trade cooperation, such as through the Regional Comprehensive Economic Partnership (RCEP) agreement. RCEP involves 15 countries in Asia-Pacific, including 10 ASEAN members and their five major trading partners, with the aim of reducing tariffs and trade barriers and enhancing economic cooperation. The Most-Favoured Nation (MFN) principle in RCEP requires that any trade concession granted to one member country is also granted to all other members. The implementation of MFN can improve Indonesia's market access to RCEP member countries and boost economic growth through exports and foreign investment, although Indonesia must also manage competitive pressures from other member countries. To maximise the benefits of RCEP, Indonesia needs to formulate appropriate policies, including through the implementation of the Job Creation Law to increase domestic investment. This paper explores the application of MFN in RCEP, its implications for Indonesia, and the importance