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JURNAL ILMIAH LIVING LAW
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livinglaw@unida.ac.id
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JURNAL ILMIAH LIVING LAW
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
Arjuna Subject : -
Articles 125 Documents
DAMPAK PERSAINGAN USAHA ANTARA INDOMARET DENGAN ALFAMART TERHADAP PEDAGANG TRADISIONAL DITINJAU DARI PERSPEKTIF HUKUM PERSAINGAN USAHA Kartini, Tini
JURNAL ILMIAH LIVING LAW Vol 8, No 1 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (867.439 KB) | DOI: 10.30997/jill.v8i1.752

Abstract

Recently, there consists a rapid growth of Indomaret and Alfamart. so that effects the existence of traditional traders. Research objectives are as follow; firstly, to understand and to analyze the effect of competition between Indomaret and Alfamart toward the existence of traditional traders. Secondly, to understand and to analyze the government’s effort to redeem the effect. Research methodology which used is the combination of normative law research and empirical law research methodologies. Research outcomes are as follow; firstly, the negative effect is the traditional traders suffer turnover decline which subsequently lowers their profits.. On the contrary, the positive effect is the competition stimulates the traditional traders to improve the qualities of their products, service, facilities as well as innovation so they could have competitive abilities; the traditional traders could create employment for other micro business scheme to endeavor those of UMKMs. Secondly, the government’s effort to redeem the effect of competition between Indomaret and Alfamart toward the existence of traditional traders, is the policy of local regulation which specifically regulates licensing, localizing, and zone along with the analysis of social-economic of local society, including the existence of traditional traders.
KEPASTIAN HUKUM PENYELESAIAN SENGKETA KONSUMEN OLEH BPSK DIKAITKAN DENGAN UPAYA KEBERATAN syakilah, syakilah
JURNAL ILMIAH LIVING LAW Vol 7, No 2 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i2.116

Abstract

Penelitian ini bertujuan untuk mengetahui bagaimana prinsip penyelesaian sengketa konsumen di Badan Penyelesaian Sengketa Konsumen (BPSK) dan kepastian hukum putusan sengketa konsumen melalui Badan Penyelesaian Sengketa Konsumen. Metode Penelitian yang digunakan adalah metode Yuridis Normatif dengan pendekatan kualitatif, yaitu melakukan penelusuran terhadap norma hukum yang terdapat dalam peraturan perundang-undangan dan Putusan Badan Penyelesaian Sengketa Konsumen, Putusan Pengadilan Negeri dan Mahkamah Agung, untuk memperoleh data pendukung dilakukan wawancara dengan anggota BPSK. Hasil penelitian yang diperoleh ternyata dengan adanya upaya keberatan kasasi dan peninjauan kembali atas putusan Badan Penyelesaian Sengketa Konsumen dan lambatnya prosedur administrasi maka penyelesaian sengketa konsumen melalui BPSK tidak lagi efektif, serta kepastian hukum putusan BPSK menjadi terkendala karena putusan Badan Penyelesaian Sengketa Konsumen tidak lagi bersifat final dan mengikat. disarankan agar Undang-undang Perlindungan Konsumen direvisi dan prosedur baku dalam proses penyelesaian sengketa konsumen, agar tujuan untuk memberikan perlindungan konsumen sebagai upaya menjamin adanya kepastian hukum dapat terwujud.
ANALISIS YURIDIS KONTRAK PENGADAAN BARANG SIMULATOR SURAT IZIN MENGEMUDI POLRI Heriyanti, Yulita; Roestamy, Martin
JURNAL ILMIAH LIVING LAW Vol 10, No 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (24.707 KB) | DOI: 10.30997/jill.v10i1.1507

Abstract

In the case of the procurement of simulators Driving License, there are some deviations made by almost all parties involved to cause state losses. The identification of this research included the implementation of SIM simulators in the Traffic Corps of the National Police, the criminal elements that occurred and their weak points, as well as their positive and negative forms in the implementation of SIM simulator procurement. The research method used in this study is a normative juridical approach using library studies. The results of this study are: 1) There has been a standard agreement between the two parties that is not balanced in the procurement of SIM Simulator goods, where PT. X as the supplier of goods does not get an offer from the formulation of the agreement; 2) In the implementation of SIM Simulator goods procurement, the agreement between the two parties is not balanced and this becomes a weakness that can complicate the position of PT. X because it is in a weak position even though the terms of the agreement made by the National Police Corruption Eradication Agency provide an opportunity for contractors to determine and design contracts as they already are; 3) procurement carried out using the public auction method with third parties is considered effective and efficient in using the budget. But the negative thing is the existence of irregularities committed by partners with unscrupulous officials.
PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE Roestamy, Martin
JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (695.429 KB) | DOI: 10.30997/jill.v9i1.1021

Abstract

If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank
DUALISM OF AUTHORITY ON ISLAMIC BANKING DISPUTE SETTLEMENT wahyudi, heru
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.129

Abstract

This study aims to look at how the impact of the presence of two authority to adjudicate Islamic banking disputes, the religious courts to the publiccourt. The author conducted research normative juridical law by using four approach, tha it statute approach, conseptual approach, case approach and comparative approach. The results showed that the Islamic personality principle contained in the Act No. 3 in 2006 did not conflict with the principle of pacta sunt servanda as set forth in the Act No. 21 of 2008 in terms of the options granted by law to choose the country as a judicial dispute resolution forum of Islamic banking. Authority to examine, decide, and resolve disputes Islamic banking is the absolute authority of the courts within the Religious Courts.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PERUMAHAN REAL ESTATE BERBASIS BROSUR Suharmiko, Anton
JURNAL ILMIAH LIVING LAW Vol 8, No 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (494.103 KB) | DOI: 10.30997/jill.v8i2.758

Abstract

Housing developer of royal tajur offer many types and kinds of home, the developer began to make an offer-based marketing brochure. In the field of consumers when transactions are received many shortcomings such as in the brochure. The deficiencies include housing incompatibility with what is shown in the brochure. It is very necessary to make the protection of both the law and to the consumer that is based brochure. Identification of this research include of  implementation of housing purchase agreement between developer and consumer brochures based, disputes between consumers and developers, and settlement of disputes between consumers and developers. The method used in this research is normative juridical approach, the law conceived as norms, rules, principles or dogmas/jurisprudence. Results of this research are: 1) In the execution of a purchase agreement between the developer housing with consumer-based brochures, developers enforce standard contract (standard contract) in any binding agreement buying and selling homes; 2) The occurrence of disputes between consumers and developers, which is the responsibility of the developers when consumers are harmed in a binding sale and purchase agreement; 3) Settlement of disputes between consumers and developers, namely consumer attitudes toward default action/omission of the developer resulting in losses for the consumer to make a complaint to the competent institutions in the protection of consumers, namely BPSK still very minimal.
PERLINDUNGAN KONSUMEN DALAM KLAIM ASURANSI BARANG PADA PEMBIAYAAN KENDARAAN BERMOTOR DIKAITKAN DENGAN PERJANJIAN MODEL BAKU priyono, yose
JURNAL ILMIAH LIVING LAW Vol 7, No 2 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (640.895 KB) | DOI: 10.30997/jill.v7i2.595

Abstract

Standard model agreement in business is often used like that of consumer finance transaction, in its scheme which is easy, practical, and not time consuming. However, on a case of insurance provision claim, this kind of agreement could not provide any protection to the consumer, since the provisions in the agreement were seattled unilaterally by the auto financing company. By using normative juridical and sociological approach, this study found that a standard model agreement does not provide protection to consumers as debtors for their claim of good damage. This is contrary to the provisions of standard clauses set out in article 18of consumer protection legislation which consequently make that agreement void. The concept of consumer protection in auto financing insurance must provide clarity and time for a consumer to comprehend the agreement clearly to avoid any financial lost during the practice of the agreement.
MODEL PENCEGAHAN PRAKTIK KARTEL IMPOR DAGING SAPI DIKAITKAN DENGAN DAYA BELI MASYARAKAT Riyadi, Idang; Syamsah, T.N
JURNAL ILMIAH LIVING LAW Vol 10, No 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (24.707 KB) | DOI: 10.30997/jill.v10i1.1512

Abstract

The ability of consumer purchasing power of beef after cartel practice is the effect of the increase of beef price to consumer behavior varies, among others there are buy in fixed amount before and after price increase, there is a decrease the quantity of purchase and some are switching to consume chicken meat. Legal protection is preventively applied to provide legal protection and legal certainty for consumers so that with the prevention of the government in making policy or drafting legislation more carefully so that the interests of consumers or the wider community is not neglected. The purpose of this study is to discuss how to regulate beef imports in Indonesia, the implementation of beef imports categorized as cartels, as well as legal protection for consumers of beef as a result of the practice of imported cartels. The research method used in this research is the normative juridical approach, namely the law is conceptualized as norms, rules, principles or dogmas / jurisprudence. The results of this research are: 1) The regulation on beef import trade in Indonesia has undergone many changes following the market condition, 2) The form of violation of beef import trade in Indonesia occurring in Jabodetabek area is a cartel practice violating Article 11 of Law no. 5 Year 1999, 3) Business activities are not always done honestly by business actors. The act of business actor is not infrequently to the consumer, it is necessary to protect the consumers rights.
DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA Khairi, Ilman; Martin, Abraham Yazdi
JURNAL ILMIAH LIVING LAW Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (972.843 KB) | DOI: 10.30997/jill.v9i2.1034

Abstract

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops
PERLINDUNGAN HUKUM PEMEGANG POLIS DALAM HAL PAILITNYA PERUSAHAAN ASURANSI wiarti, watty
JURNAL ILMIAH LIVING LAW Vol 7, No 1 (2015)
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.163

Abstract

This research aims to identify and analyze how the legal protection of policyholders and how to balance the legal protection of creditors, debtors and society. The author uses the method of juridical and normative research uses a qualitative approach, the findings and analysis will be prepared with descriptive approach. The results showed that the institution of bankruptcy in Indonesia in the legal protection of creditors, debtors and society, yet can accommodate a comprehensive settlement of disputes bankruptcy. This study suggests that the principles of good corporate governance is characterized by fairness and justice, transparency or openness, accountability, and responsibility, to be used as input in the relevant reform legislation relating to business law, particularly insurance and bankruptcy law.

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