Zaaken: Journal of Civil and Business Law

Efektivitas Program Asuransi Kehilangan Pekerjaan Sistem Jaminan Sosial di Indonesia, Malaysia dan Jepang

Yos Fitraeva Pane — 2024-10-16

Social security, according to the ILO, is a protection system to protect people from social and economic risks. In Indonesia, the formal worker social security system does not yet cover the entire community, especially in the informal sector. For this reason, Indonesia introduced the Job Loss Guarantee (JKP) program to protect workers who lose their jobs, with cash benefits, labor market information, and training. This program was inspired by countries such as Malaysia and Japan that had already implemented it. Indonesia adopted ILO standards in Conventions 102 and 168 to improve social protection, including unemployment benefits and employment opportunities. The conclusion from the discussion of the JKP program in Indonesia, Malaysia, and Japan is that the JKP system in Indonesia still has several shortcomings, such as participation requirements in other social security programs that hinder registered workers, small cash benefits, and complicated procedures. Job training benefits are also not optimal. In Malaysia, the JKP program effectively protects workers in the formal and informal sectors with a benefit duration of between 3 to 6 months, while Japan provides varying benefits, with a duration of between 3 to 12 months. To increase the effectiveness of the Indonesian JKP, it is necessary to simplify the process and improve the administrative system so that more workers can access its benefits.

Penyelesaian Sengketa Harta Bersama: Analisis Perkara Nomor: 283/Pdt.G/2017/PA.Mtr dan Nomor: 59/Pdt.G/2023/PTA.Mtr

Salma Wati — 2024-10-16

One of the factors that husband and wife often dispute is regarding propertya especially joint property. Generally, disputes regarding joint property arise after a couple decides to divorce. In this situation, each party will try to get what they consider to be their right. The judiciary plays an important role in resolving these disputes. The judiciary functions as a medium for disputing husband and wife to convey their arguments, especially in efforts to control joint property. In this research the author used a normative approach method, known as the literature study method. In this research, the primary data comes from case decisions number: 283/Pdt.G/2017/PA.Mtr and number: 59/Pdt.G/2023/PTA.Mtr. then secondary data was obtained from various books, journals and articles related to the research subject. This research describes how judges consider when deciding joint property cases in cases number: 283/Pdt.G/2017/PA.Mtr and number: 59/Pdt.G/2023/PTA.Mtr. The results of this research, the author found that dispute resolution carried out by judges is not only focused on the law, but must also consider a sense of justice. So that judges do not have to divide joint assets equally but rather adhere to the principles of balance, equality, non-discrimination and granting rights to parties that are considered fair, accompanied by considerations that are considered fair. This is reflected in the decision in case number: 283/Pdt.G/2017/PA.Mtr and number: 59/Pdt.G/2023/PTA.Mtr

Perlindungan Hukum terhadap Pemilik Tanah Atas Pemasangan Jaringan Listrik oleh PT.PLN (Persero)

Kamila Khoiruni Azzahra — 2024-10-20

This study aims to determine and analyze the form of legal protection of landowners for the installation of electricity network facilities and to find out the settlement efforts against owners whose rights are not protected due to the installation of electricity networks by PT PLN (Persero. The formulation of the problem in this study is how the legal protection of landowners for the installation of electricity networks by PT PLN (Persero) and how the settlement efforts against landowners whose rights are not protected due to the installation of electricity networks by PT PLN (Persero). The research method used is the juridical-empirical method, namely making observations of legal facts that apply. The result of this study is that landowners have not received legal protection for the installation of electricity networks by PT. PLN (Persero). For this reason, the effort made by the landowner is to submit the removal of the pole to PT. PLN (Persero) is charged.

Pengalihan Hak Asuh Anak Di Bawah Umur Kepada Ayah Biologis (Studi Putusan Nomor: 366/Pdt.G/2022/PA.Batg)

Shelomita Retno Wulandari — 2024-10-17

The purpose of this study is to find out and analyze the transfer of child custody to the biological father after divorce based on the Compilation of Islamic Law and to find out and analyze the basis for the judge's consideration in granting a decision on custody of the minor to the biological father in decision number 366/Pdt.G/2022/PA.Batg. The problem in this thesis is how to transfer child custody to the father after divorce based on the Compilation of Islamic Law, and what is the basis for the judge's consideration in granting a decision on custody of a minor to the biological father in decision number 366/Pdt.G/2022/PA.Batg. The research method used is normative juridical research while the legal materials consist of primary, secondary and tertiary legal materials. The analysis of the collected legal materials is carried out by inventorying, and systematizing. The results of this thesis research contain the Bantaeng Religious Court deciding in case Number 366/Pdt.G/2022/PA.Batg to grant custody of the child to the applicant. Article 156 of the Compilation of Islamic Law stipulates that if the mother has passed away, the role of the mother can be replaced by women who have a direct kinship relationship from the mother's side. If it is found that there is negligence or instability of the person who has the right to have the hadhanah in taking care of his child, then the custody of the child can be transferred to his father. Meanwhile, adult children are given the freedom to choose between their father or mother as the holder of custody rights. However, the court considered that the decision had taken into account the interests of the child, so it handed over custody of the child to the father with proper legal considerations. In his consideration, the judge must make several considerations before giving a decision, the father has the opportunity to get custody of the minor if he meets several considerations from the judge by referring to the provisions in the Compilation of Islamic Law.

Penyelesaian Kredit Bermasalah Dengan Jaminan Fidusia Antara Nasabah Dengan Perusahaan Pembiayaan

Salsabila Alethea Suryana — 2024-10-20

The purpose of the research is to determine the occurrence of problem loans between customers and companies and to determine the role of the parties in resolving problem loans with guaranteed fiduciary rights between customers and the financing company PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch. The research method used is empirical juridical. Based on the research results, it was found that the cause of credit problems between customers and the financing company PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch, namely the inability of customers to continue credit payments, the death of creditors, a decline in creditors' economic conditions, creditors suddenly losing their source of livelihood, and problems with credit assessment by debtors. The role of PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch in resolving problem loans with fiduciary guarantees with customers is by carrying out credit collection based on the terms of the agreement and applicable law. The initial steps taken are to communicate and remind customers by telephone 3 (three) days before the due date, provide 1 (one) warning letter (SP) to 3 (three) warning letters (SP), and negotiate by offering restructuring credit. If all these efforts are not heeded and the customer is not cooperative, then fiduciary guarantees will be executed involving third parties in the form of external collector services and the police. If the customer shows significant resistance and uncooperative behavior, then PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch will take legal action.

Implikasi Hukum Klausula Baku Dalam Terms Of Service Tiktok Terhadap Upaya Perlindungan Hak Cipta

Yosman Leonard Silubun — 2024-10-20

The presence of Tiktok leads to the growth of a new Content Creator that tries to create on the platform. To use the platform, a novice user is required to approve the Term of Service from the Tiktoks service provider. The term of service is a form of standard agreement that often contains standard clauses commonly used by application providers in the digital world. The purpose of this study is to find out the legal impact on the standard term of service clause of Tiktok on copyright protection efforts. The method used in this investigation is the method of normative law research. In principle, the use of standard clauses in terms of service is not prohibited by applicable laws in Indonesia. In Indonesian positive law, the use of a raw clause in a contract must meet the four valid conditions of the agreement under article 1320 BW and the default clause must not include an exemption from the liability of the entrepreneur as contained in article 18, paragraph 1 UUPK. The attempt to protect the copyright law is based on the fulfilment of the creator's exclusive right to the creation owned. The default term of service clause of Tiktok which lists the acquisition of copyrights without royalties, without exclusive rights, has been contrary to the prohibition of Article 82 Paragraph 2 UUHC. As a result of the law, the default Term of service Clause of the Tiktoke causes the agreement that has been agreed by the user of Tktok with the service provider to be annulled and cancelled by law because one of the clauses is contrary.

Permasalahan Kriteria Dan Waktu Kerja Pemagangan Berstatus Pelajar (Internship) Dalam Regulasi Ketenagakerjaan Di Indonesia

Sahrul — 2024-10-18

Problems regarding the exploitation of apprentices with student status in Indonesia still occur frequently, especially in the relationship between employers and apprentices with student status. The purpose of this study is to examine the legal criteria and working hours of Student Apprenticeship (Intership) in Indonesian Labor Regulations. The research uses normative legal research. The results of this study are as follows: First, there is a legal vacuum regarding the criteria for an apprenticeship with Student status (Intership). The criteria for apprenticeship programs regulated in the Labor Law are specifically intended for job training and increased work competency for job seekers who have completed formal studies but are not to reach apprentices who are still students or students. related employment, it does not specifically state how long the working hours are for apprentices but only mentions the duration of the apprenticeship. This means that the determination of working hours is left to each company. The government, with the ministries of manpower and the ministries of education, should coordinate and review regulations related to the implementation of student apprenticeships (Intership) so that they are more effective and provide legal protection for student apprentices.

Kata Kunci : kriteria;waktu kerja;Internship;Ketenagakerjaan.

Tinjauan Yuridis tentang Hak Waris Perdata Anak Hasil dari Tindak Pidana Pemerkosaan

Azahery Insan Kamil — 2024-10-18

The birth of a child resulting from the criminal act of rape raises complex legal issues, particularly regarding the child's legal status and inheritance rights. From a legal perspective in Indonesia, a child born outside of a legitimate marriage faces various limitations, including inheritance rights from the biological father. This research focuses on the legal status of a child born from a rape crime and the civil inheritance rights the child may possess. The study employs a normative juridical method with qualitative analysis, using an approach based on laws, legal doctrines, and court decisions related to children's rights in similar situations. The research findings reveal that a child born from rape only has a civil legal relationship with the mother, so their inheritance rights are limited to the mother's side of the family. The child's legal status is recognized, but with limitations on inheritance rights from the biological father. The conclusion of this research indicates that an illegitimate child can only inherit if there is a legitimate acknowledgment from either the biological father or mother. However, the Constitutional Court ruling grants illegitimate children the right to inherit without needing official recognition from their biological parents.

Keywords: Civil Inheritance Rights; Out-of-Wedlock Child; Criminal Act of Rape.

Abstrak

Lahirnya seorang anak dari tindakan pidana pemerkosaan menimbulkan persoalan hukum yang kompleks, terutama terkait status hukum dan hak waris perdata yang dimiliki oleh anak tersebut. Dilihat dari perspektif hukum di Negara Indonesia, anak yang lahir di luar perkawinan yang sah akan menghadapi berbagai keterbatasan hak, termasuk hak waris dari ayah biologis. Penelitian ini berfokus pada bagaimana status hukum anak yang lahir dari tindak pidana pemerkosaan dan bagaimana hak waris perdata yang dapat diperoleh anak tersebut. Penelitian ini menggunakan metode yuridis normatif dengan analisis kualitatif menggunakan pendekatan undang-undang, doktrin hukum, serta putusan pengadilan yang terkait dengan hak-hak anak dalam situasi yang serupa. Berdasarkan hasil penelitian, ditemukan bahwa anak yang lahir akibat pemerkosaan hanya memiliki hubungan hukum perdata dengan ibunya, sehingga hak warisnya pun terbatas pada warisan yang berasal dari pihak ibu. Status hukum anak tersebut diakui, namin dengan keterbatasan dalam pengakuan hak waris dari ayah biologis. Simpulan dari penelitian ini menunjukkan bahwa anak luar kawin hanya bisa menjadi pewaris apabila ada pengakuan yang sah dari ayah atau ibu biologisnya. Sedangkan dengan adanya putusan Mahkamah Konstitusi tersebut mengabulkan permohonan anak luar kawin yang tetap menjadi ahli waris tanpa perlu pengakuan yang sah dari orang tua biologisnya.

Kata kunci: Hak Waris Perdata; Anak Luar Kawin; Tindak Pidana Pemerkosaan.

Implementasi Penyaluran Zakat Oleh Badan Amil Zakat Nasional Kota Jambi Kepada Korban Pinjaman Online

Rema Syelvita — 2024-10-18

This study aims to explore the role of the National Amil Zakat Agency (BAZNAS) of Jambi City in assisting individuals burdened with debt, including those who have fallen victim to online loans. Although the phenomenon of online loans has caused many people to face financial difficulties due to high interest rates and inhumane collection practices, the findings of this study show that, to date, no one has directly sought assistance from BAZNAS Jambi City as a result of being a victim of online loans. Generally, those seeking assistance from BAZNAS are individuals in debt to meet basic needs or cover medical expenses, with between one and five people receiving help each year. First, BAZNAS performs an identification step to make sure that the debt was used for legitimate purposes. Priority is given to impoverished individuals who are in genuine need. Through a descriptive qualitative approach and case studies in Jambi City, this research examines the effectiveness of zakat distribution by BAZNAS in assisting indebted individuals. The findings indicate that while zakat can alleviate financial burdens, its effectiveness needs to be enhanced through broader public education and more accurate identification mechanisms to reach more victims of online loans and others in financial distress.

Kerugian Terhadap Pemilik Sertifikat Akibat Pencatatan Blokir Sertifikat Hak Atas Tanah oleh Badan Pertanahan Nasional Tanjung Jabung Barat

Frisca Arsyani Hartawan — 2024-10-20

This research aims to identify and analyze the factors causing the blocking of land title certificates and the legal status of the holders of blocked land certificates. The research questions are as follows: 1) What are the factors causing the blocking of land title certificates?; and 2) What is the legal position of holders of blocked land certificates?. The research method used is an empirical juridical approach. Based on the research conducted, it was found that there are several main factors that can cause the improper blocking of land title certificates by the National Land Agency (BPN). These factors include a lack of understanding and awareness among BPN officials regarding rules and procedures, weak internal supervision within the BPN environment, insufficient socialization and training for BPN officials, unresolved land conflicts or disputes, pressures or interventions from certain parties, lack of transparency and accountability in the blocking recording process, errors in the application of rules and procedures, negligence or lack of thoroughness in land ownership data checks, and insufficient coordination and communication between BPN and other related institutions or agencies. The legal position of holders of improperly blocked land title certificates should be protected in accordance with applicable regulations. Holders of certificates acting in good faith have the right to control and utilize their land according to their rights. To ensure the legal position of certificate holders, the government needs to strengthen supervision of BPN actions, impose strict sanctions for violations, enhance legal protection through regulation revisions, improve transparency and accountability, and ensure effective and proportionate compensation mechanisms for affected certificate owners. The role of the judiciary, community participation, and commitment from all stakeholders are also crucial in safeguarding the legal position of holders of improperly blocked land title certificates.

Perwujudan Profesionalitas Jabatan Notaris Berdasarkan Undang-Undang Nomor 2 Tahun 2014 atas Perubahan Undang-Undang Nomor 30 Tahun 2004 di Kabupaten Ngawi

Nuruzzaman MS — 2024-10-21

The importance of Notary's duties relating to law requires the ability and professionalism. the implementation of professionalism of Notary's office based on Law no. 2 Year 2014. Notaries that not only uphold and promote justice and truth according to law, but also must rely on good ethics and morality as public officials. The inaccuracy and lack of professionalism of Notaries precisely coalesce and enforce law enforcement, legal certainty and rule of law in the State of the Republic of Indonesia. The results of this study indicate in carrying out its duties both in terms of authority or obligations, the notary must be responsible for the duties, that is, the notary is required to make the deed with good and true, means that the deed made has fulfilled the legal will and the request of the parties concerned because of his position; Notary is required to produce a quality deed, meaning that the deed is made according to the rule of law and the will of the interested parties in a real sense, not to make it up. The Notary must explain to the parties to the truth about the contents and procedures of the deed which he made; and have a positive impact, meaning that anyone will recognize the notarial deed has perfect proof of power.