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Septarina Budiwati S.h M.h.,c.n - One of the best experts on this subject based on the ideXlab platform.

  • Tinjauan Yuridis Perjanjian Waralaba antara Pemberi Waralaba Dengan Penerima Waralaba (Studi Pada Waralaba Makanan Lokal Tahu Kriuk Oslo)
    2021
    Co-Authors: Novera Novera, Septarina Budiwati S.h M.h.,c.n
    Abstract:

    Franchising is a business cooperation business in which Intellectual Property Rights are held and owned by the franchisor and can be used by other parties or the franchisee. In the implementation of a franchise business, its activities are based on a franchise agreement. In this study, the author examines the form and content of the Tahu Kriuk Oslo franchise agreement and how the Legal Relationship between the parties in the Tahu Kriuk Oslo Franchise agreement is. The research method used by the author to examine the Tofu Kriuk Oslo franchise agreement is to use a normative juridical research method, namely to examine whether the form and content as well as the Legal Relationship in the Tahu Kriuk Oslo Franchise agreement have complied with the provisions of the Agreement Law and Government Regulation no. 42 of 2007 concerning Franchise. The results of this study indicate that the form and content of the franchise agreement have not met the provisions of Article 5 of Government Regulation no. 42 of 2007 concerning Franchise. The Tofu Kriuk Oslo Franchise Agreement does not contain the types of intellectual property rights, training guidance to franchisees, the term of the agreement in this case is the expiration date of the agreement, the rights of heirs and the procedure for extension as well as the provisions in Article 5 of Government Regulation no. 42 of 2007 concerning Franchise and Legal relations held by both parties have been stated in articles 1 to 3 using the principle of freedom of contract

  • Kredit dan Jaminan : Tinjauan Yuridis Perjanjian Kredit Dengan Jaminan Buku Pemilikan Kendaraan Bermotor (BPKB) (Studi di Koperasi Simpan Pinjam Sae Ngawi)
    2021
    Co-Authors: Wulandari Nanik, Septarina Budiwati S.h M.h.,c.n
    Abstract:

    This study contains a credit agreement or loan agreement with the guarantee of the Motor Vehicle Ownership Book (BPKB) made by the Savings and Loans Cooperative SAE Ngawi as a creditor with the debtor. This study discusses the Legal Relationship that gives birth to rights and obligations between the parties which have been made and agreed in writing. The research method used by the author is normative juridical which examines the form and content of the credit agreement or loan agreement with the guarantee of the Motor Vehicle Ownership Book (BPKB) at the SAE Ngawi Savings and Loan Cooperative and the Legal Relationship between the parties in this credit agreement or loan agreement. . The type of research used by the author in this study is descriptive research by solving the problems investigated by describing the current state of the subject or object of research based on the facts seen. The type of data used in this study is secondary data. Data collection methods in this research are literature study and interviews. Then the data analysis method used in this research is the qualitative normative method. The research results obtained from this study indicate that the credit agreement or loan agreement made by the parties is in accordance with Article 1754 of the Civil Code. That the rights and obligations that have been agreed upon by the parties are carried out properly and that no party has defaulted or acted against the law

  • Kajian Yuridis Pelaksanaan Perjanjian Pembiayaan Kredit Motor di Masa Pandemi Covid-19 (Studi Kasus di PT. Mandiri Utama Finance Sukoharjo)
    2021
    Co-Authors: Paramitha, Sinthya Widya, Septarina Budiwati S.h M.h.,c.n
    Abstract:

    This study aims to determine the process of motorbike credit financing agreements at PT. Mandiri Utama Finance Sukoharjo and the problems that occurred during the Covid-19 pandemic and efforts to resolve them. The research method used is the empirical juridical research method. The type of research used is descriptive Legal research. The results showed that in the process of a motorbike credit financing agreement at PT. Mandiri Utama Finance Sukoharjo must fulfill several stages. After the stages are fulfilled, the parties who agree to enter into the agreement by signing the agreement deed, and that's when a Legal Relationship begins that creates rights and obligations. This financing agreement is guided by the Civil Code and Presidential Regulation No. 9 of 2009 concerning financing institutions. The problem with the current covid-19 pandemic has made the agreement unable to run as promised due to economic difficulties. Then the debtor can be said to be an overmacht as regulated in Articles 1244 and 1245 of the Civil Code

  • Analisis Yuridis Terhadap Kontrak Kerja Part Time (Perjanjian Kerja Waktu Tertentu) Perspektif Hukum Ketenaga Kerjaan.
    2021
    Co-Authors: Sukresna, Muhammad Rustari, Septarina Budiwati S.h M.h.,c.n
    Abstract:

    Employment agreement under Law No. 13 of 2003 on Manpower is an agreement between workers or workers with employers or employers containing the terms of employment, rights and obligations of the parties. In employment law, employment agreements are basically divided into two i.e. a specific time work agreement or PKWT and a not specific time work agreement or PKWTT. PKWT is an employment agreement that is often used by companies to bind workers for use in the production and running of the company' s business. In this research, the method used is normative research method by comparing data in the form of a specific time work agreement with applicable laws and regulations. The purpose of this study is to find out how a particular time work agreement is in accordance with the law and how to resolve if there is a dispute in a specific time work agreement. The Legal Relationship within the CCP between the Company and the Worker is in accordance with employment law and the Civil Code. In the settlement of employment agreement disputes a certain time worker can resolve by means of deliberation through bipartite or tripartite and further if not met the word consensus can carry out the strike and can be continued by conducting settlement process both non-litigation and litigation

  • Analisis Yuridis Tanggung Jawab Hukum Para Pihak Dalam Perjanjian Antara Pemilik Apotek Dengan Apoteker (Studi di Apotek Dhifa Farma Sleman)
    2020
    Co-Authors: Bachtiar Reza, Septarina Budiwati S.h M.h.,c.n
    Abstract:

    In the current industrial era, Pharmacy is a destination for people to buy medicines because health is the main support for activities such as work, study and other activities. Pharmacies can be established by anyone who has capital but there must be experts, namely pharmacists. Pharmacists are people who are experts in pharmacy and have a Pharmacy Practice License. The owner of capital is referred to as the Owner of the Pharmacy facility and the Pharmacist is referred to as the Pharmacy Management Pharmacy so that a Legal Relationship is created between the two. The Legal Relationship between the owner of the pharmacy facility and the pharmacist managing the pharmacy must be based on an employment agreement so that both rights and obligations are mutually exclusive. The purpose of this study was to determine the Legal construction of the agreement between the pharmacy facility owner and the pharmacist managing the pharmacy and to find out the Legal responsibilities of the parties in the agreement between the pharmacy facility owner and the pharmacist managing the pharmacy. This research is a descriptive research and normative research method

Nuswardhani, S.h S.u - One of the best experts on this subject based on the ideXlab platform.

  • Tinjauan Yuridis Tentang Pelaksanaan Kerja Borongan Pembangunan Perumahan Antara Kontraktor Dengan Pekerja
    2021
    Co-Authors: Aji, Dimas Wahyu Nugroho, Nuswardhani, S.h S.u
    Abstract:

    Development is an effort to create prosperity and welfare of the people. Based on this, the results of development must be enjoyed by all people as an increase in physical and mental well-being in a just and prosperous manner. Through a work agreement made in writing, the work agreement occurs because of an agreement that binds both parties and creates a Legal Relationship in the form of rights and obligations as well as regulations to the two parties making the agreement. Therefore the aim of this research is to find out the work agreement process between contractors and workers in the implementation of housing development, rights and obligations as well as the applicable regulations in the implementation of housing development, and Legal responsibility if one of the parties makes a mistake in housing construction based on default and acts of resistance. law. The type of research used in this research is descriptive research, which explains systematically and thoroughly the Legal responsibility for the housing construction contract work contract. The approach method used in this research is the normative method, because in this study what will be examined are Legal principles, Legal principles regarding housing contractor work agreements. The results showed that the implementation of the housing contractor work agreement at KPR Selosari Magetan used a written agreement. The process begins with an offer, filling in the administrative requirements and paying an advance of 20% (twenty percent) of the total cost calculated from the Work Discount Price to the paid worker representative which will be calculated with the Terjmin payment (according to the contract). The agreement occurs with a signature between the contractor and the worker in the work agreement that has been made by the contractor. After the terms of the agreement occur, a Legal Relationship will arise that gives birth to rights and obligations. The contractor / contractor's right is to receive a maintenance period when the work has been completed and the right of the worker is to receive a wage or salary from the contractor / contractor. Then the obligation of the contractor / contractor is to provide the agreed construction location and facilities for the worker, while the obligation of the worker is to complete housing construction according to the agreed time at the beginning. If one of the parties does not carry out the contents of the agreement, then you can be held accountable based on default and actions against the law. Legal liability occurs when one of the parties makes a mistake on the basis of default as stated in Article 1243 of the Civil Code or an error on the basis of an ilLegal act as stated in Article 1365 of the Civil Code

  • Implementasi Perjanjian Kerja Antara Pekerja Dengan Pt. Delta Merlin Sandang Textile III Berserta Akibat Hukumnya Dalam Melaksanakan Pekerjaan Dalam Perjanjian Kerja Waktu Tertentu
    2021
    Co-Authors: Nadilla Fatma, Nuswardhani, S.h S.u
    Abstract:

    Humans in meeting their needs, it is necessary to work to earn income. In doing work, workers are always preceded by a work agreement. The purpose of this study was to determine the implementation process of the work agreement between workers and PT. Delta Merlin Sandang Textile III, knows the rights and obligations as well as the applicable regulations in doing work, and Legal liability if something goes wrong. This study uses a Normative approach because it brings the problem under study closer to the nature of normative law. This research is descriptive in nature because it provides a comprehensive and systematic description of the implementation of agreements, Legal relations and Legal responsibility. Before a work agreement occurs, a prospective worker must meet administrative requirements and pass a written test and interview in order to be accepted as a worker, when an agreement occurs it is marked by the signing of a work agreement between the two parties, after the work agreement occurs, a Legal Relationship in the form of rights and obligations arises and then raises. Legal responsibility between the parties, if the parties carry out their obligations properly then they get the rights according to what they do, but if they do not carry out the obligations then they must be responsible based on default or ilLegal actions

  • Tanggung Jawab Hukum Antara Pos Indonesia Dengan Pengirim Dalam Melakukan Pengiriman Paket
    2020
    Co-Authors: Lestari, Widyawati Dwi, Nuswardhani, S.h S.u
    Abstract:

    The delivery of packages by Pos Indonesia is carried out with an agreement between Pos Indonesia and the sender. In the delivery agreement, if one of the parties does not carry out the agreement, then there will be Legal responsibility between the sender and Pos Indonesia. Therefore, in this study aims: a) to know how the process of the package delivery agreement between Pos Indonesia and the sender; b) to find out what is the Legal responsibility if one of the parties is in default or acts against the law; c) to find out the Legal responsibility if one of the parties is in default or acts against the law. The approach method used in this research is the Normative Approach because what will be examined is Legal aspects or Legal principles, Legal principles in Legal responsibility between Pos Indonesia and the sender in delivering packages so that the Legality of Legal responsibility between Pos Indonesia and the sender can be seen. in delivering packages. The type of research used in this research is descriptive research. By using this type of research, the writer will describe clearly and thoroughly and thoroughly the Legal responsibilities of Pos Indonesia in sending packages. The result of this research is the package delivery agreement process from before the package delivery agreement is carried out with the first step the sender comes to the Indonesian Post office to deliver the package, then the sender reads and understands the contents of the delivery form provided by Pos Indonesia and meets the terms of the agreement according to the article. 1320 Civil Code. After reading and understanding then the stage when the agreement is made. At this stage, if the sender agrees with the contents of the agreement, the sender can sign in the column provided. After that, both parties agreed to fulfill the contents of the agreement. The agreement in the agreement is regulated in article 1320 (1) of the Civil Code. The last stage after the agreement occurs, a Legal Relationship arises between the two parties which gives rise to rights and obligations, both parties must obey the applicable regulations in the package delivery agreement. The Legal Relationship between the two parties is regulated in article 1338 of the Civil Code. Legal Relationships give rise to rights and obligations. The right of the sender, among others, is to receive compensation, while the obligation to submit the submission form is correct and correct. Then the right of Pos Indonesia to receive payment for package delivery in accordance with the agreement, while its obligation to provide compensation if the Pos Indonesia party makes a mistake. From rights and obligations, Legal responsibility arises. If one party does not exercise rights and obligations then it is obliged to carry out Legal responsibility based on achievement, whereas if it does not deliver packages according to the regulations then it is obliged to be responsible based on an ilLegal act

Aristya Windiana Pamuncak S.h.,ll.,m - One of the best experts on this subject based on the ideXlab platform.

  • Tanggung Jawab Hukum Terhadap Perjanjian Kerja Waktu Tertentu Antara Koperasi Bmt Dengan Karyawan (Studi Kasus di Koperasi BMT Kota Tegal)
    2021
    Co-Authors: Wiharja, Mahegi Ashardani Warna Adi, Aristya Windiana Pamuncak S.h.,ll.,m
    Abstract:

    In order to be appointed as a worker in a company, the prospective worker must enter into a work agreement with the employing company. One type of work agreement is a Fixed Time Work Agreement (PKWT). Fixed Term Work Agreement is a work agreement between a worker / laborer and an entrepreneur to establish a working Relationship for a specified period of time or for a certain job. The purpose of this study was to determine the process of implementing a work agreement for a certain time at the Tegal City BMT Cooperative, to find out the rights and obligations between workers and the company, and Legal responsibility if one party made a mistake. This study uses a Normative approach because it brings the problem under study closer to the nature of normative law. This research is descriptive in nature because it provides a comprehensive and systematic description of the implementation of agreements, Legal relations and Legal responsibility. Before a work agreement occurs, a prospective worker must meet administrative requirements and pass a written test and interview in order to be accepted as a worker, when an agreement occurs it is marked by the signing of a work agreement between the two parties, after the work agreement occurs, a Legal Relationship in the form of rights and obligations arises and then results in a Legal Relationship between the two parties. Legal responsibility between the parties, if the parties carry out their obligations properly then they get rights according to what they do, but if they do not carry out the obligations or violate company regulations, they must be responsible based on default or unlawful actions

Sinilele Ashar - One of the best experts on this subject based on the ideXlab platform.

  • PERLINDUNGAN KONSUMEN ATAS JUAL BELI RUMAH DI KOTA MAKASSAR
    Jurusan Hukum Ekonomi Syariah Fakultas Syariah dan Hukum Uin Alauddin Makassar, 2020
    Co-Authors: Sinilele Ashar
    Abstract:

    AbstractThe Legal Relationship that arises in the sale and purchase utilization of houses between consumers and developers not only takes place due to an agreement (binding sale and purchase agreement), but also arises because of the provisions of the law (Legal engagement Relationship). The Legal Relationship takes place at each transaction process/stage, both the pre-transaction stage, the transaction stage and the post/transactional stage. The Legal Relationship takes place at every transaction process/stage, so that Legal protection must also be obtained by each consumer in each transaction stage. Legal protection for consumer rights in the process of buying and selling stages and ownership of residential houses has been regulated and stated in various Legal provisions and legislation consisting of the Civil Code, Law number 8 of 1999 concerning Consumer Protection, Law number 4 of 1992 concerning Housing and Settlements, and Law Number 18 of 1999 concerning Construction Services. To realize consumer protection is carried out as a joint effort based on the principle of benefits, the principle of justice, the principle of balance, the principle of security and the principle of Legal certainty.Keywords: Consumer Protection, Legal Relationship, Sale and Purchase.AbstrakHubungan hukum yang timbul dalam jual beli dan pemanfaatan rumah  antara konsumen dan developer tidak hanya berlangsung karena adanya perjanjian (perjanjian pengikatan jual beli) semata, tetapi juga timbul karena ketentuan undang-undang (hubungan hukum perikatan). Hubungan hukum tersebut berlangsung pada setiap proses/tahapan transaksi, baik tahap pra transaksi, tahap transaksi maupun tahap purna/pascatransaksi. Hubungan hukum tersebut berlangsung pada setiap proses/tahapan transaksi, sehingga perlindungan hukum harus pula diperoleh setiap konsumen dalam setiap tahapan transaksi. Perlindungan hukum atas hak-hak konsumen dalam proses tahapan jual beli dan pemilikan rumah tinggal telah diatur dan tercantum dalam berbagai ketentuan hukum dan perundang-undangan yang terdiri dari Kitab Undang-Undang Hukum Perdata, Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen, Undang-Undang No. 4 Tahun 1992 tentang Perumahan dan Permukiman,  dan Undang-Undang Nomor 18 Tahun 1999 tentang Jasa Konstruksi. Untuk mewujudkan perlindungan konsumen diselenggarakan sebagai usaha bersama berdasarkan asas manfaat, asas keadilan, asas keseimbangan, asas keamanan dan asas kepastian hukum.Kata Kunci : Hubungan Hukum, Jual Beli, Perlindungan Konsumen

Dr. Kelik Wardiono, S.h. M.h - One of the best experts on this subject based on the ideXlab platform.

  • E-Commerce: Studi Tentang Konstruksi Hukum dalam Transaksi di Tokopedia
    2020
    Co-Authors: Yulankalista Lashara, Dr. Kelik Wardiono, S.h. M.h
    Abstract:

    This research aims to see the construction of Legal relations that exist between the parties and Legal protection for the parties involved in transactions through Tokopedia. The method of approach used in this research is a normative doctrinal research method, because in this study because the law was conceptualized as a written norm. This type of research is a descriptive study because of the terms and conditions that exist in Tokopedia. The purpose is to be able to know how the Legal Relationship of the parties as well as the protection that has been obtained by the parties in conducting transactions on Tokopedia. The results of this research show that the existing Legal Relationship between the parties has been in accordance with the legislation in Indonesia. And Legal protections for the parties have been governed by themselves in the applicable law

  • Perjanjian Penjualan Buku Lembar Kerja Siswa (LKS) antara Distributor dengan CV. Surya Badra di Boyolali
    2020
    Co-Authors: Ardyastari, Jingga Badra, Dr. Kelik Wardiono, S.h. M.h
    Abstract:

    Distribution cooperation agreements between producers and distributors are an equal Legal Relationship, in which rights and obligations will arise for each party as a Legal consequence of the agreement made. This study aims to determine how the Legal Relationship construction in the sale of Student Worksheet books (LKS) between sales and CV. Surya Badra with the sales (distributors), and how Legal protection for the parties involved in selling Student Worksheet books in CV. Surya Badra. This research uses the Doctrinal (Normative) approach. Using descriptive research type. The results showed that Construction of Legal Relationships in the sale of Student Worksheet books (LKS) between sales and CV. Surya Badra with sales (distributors), is a distributor agreement that is specifically unknown in the Civil Code and KUHD, so that the agreement can be classified in the innominaat agreement (anonymous agreement) and its existence is possible based on the principle of consensualism, this is in accordance with Article 1320 and Article 1338 Civil Code. Legal protection for parties involved in selling Student Worksheet books in CV. Surya Badra, the parties have received protection in the regulation of Legal subjects; Legal object; rights and obligations; overmacht; default and Legal consequences because it is in accordance with Article 1330; Article 1234; Article 1238; Article 1365; Article 1243; Article 1245 Civil Code and R. Subekti's opinion

  • Perjanjian Pemborongan Pekerjaan (Studi tentang Pembangunan Jalan Baratan – Ketulan oleh CV Yogya Resita dengan Pemborong)
    2020
    Co-Authors: Setiabudi Heri, Dr. Kelik Wardiono, S.h. M.h
    Abstract:

    The objective objective of this research is to find out the implementation of the contract of contract of work carried out by CV Yogya Resita with the Contractor, to determine the Legal Relationship that occurs in the construction of work and to find out the Legal protection for the parties entering into the agreement. Material support in the chartering agreement. In the Civil Code Chapter VII article 1601 b has been regulated about the chartering of work whose contents are "an agreement that the first party, ie contractor, is bound to complete a work for another party, namely the assignor, at a fixed price". The parties entering into the agreement The agreement will give rise to a right and obligation between the parties that bind the agreement, which includes the contractor carrying out the agreed work until completion