Sources Of Legal Materials Research Articles

Green Economy Policies in the Digital Transformation of Forest Management in Indonesia

This study examines green economy policies in relation to Indonesia’s digital transformation of forest management. It employs the normative juridical approach as well as the primary and secondary sources of legal materials. It demonstrates that the digital transformation policies of forest managements are implemented to reduce climate change and facilitate a green economy. The green economy approach underscores that sustainable development is premised upon improving human wellbeing and social equality considering environmental concerns. The instrumental theory uses a backward-looking approach and the substantive theory uses a forward-looking approach. The later adjusts to technological developments and protects interests disrupted by them. Hence, it can be used in making forestry digital transformation policies. Furthermore, the application of the legal theory of development exhibits the absolute and crucial importance of the digital transformation policies as a way of advancing forest management, community participation policies as well as transparency in environmental and forest management. They call for a holistic, all-encompassing, and interdisciplinary approaches. In view of this, this study presents novelty in the forestry-related digital transformation policies, which aim at lessening the harm to forests and ecosystems and the planet.

The Philosophical Function of Contracts in Realizing Justice

This research aims to determine and discuss the philosophical function of a contract to realize justice. Therefore, what things must be fulfilled so that the philosophical function of the contract in realizing justice for the parties can be carried out is also included in the objectives of this research. This type of research is normative juridical research, using secondary data obtained from primary, secondary and tertiary legal material sources. The results of this research reveal that contracts have a fundamental philosophical function, namely realizing the value of justice in the social and economic order in society by facilitating, accommodating and regulating the contractual legal relationships of the parties in which there are balanced rights and obligations. In other words, contracts also function as legal instruments to eliminate or at least reduce imbalances in the social and economic order in society, especially in contracts made by parties as citizens or part of society.

Cyber Notary Issues Authority Certificate to Provide Legal Protection in Online Selling

Purpose: This study aims to ascertain the importance of a Cyber Notary Notary in issuing Certificate authority to protect the Law for buyers in online buying and selling transactions and the procedure for producing evidence that can be used as reliable proof.
 
 Theoretical framework: The frequent problems of buying and selling online have become evidence of the need for legal rules or electronic laws. Therefore, cyber notary must provide facilities by making an authority certificate with the aim of providing legal protection in online selling and buying
 
 Method/design/approach: Using both a statutory and a conceptual approach, this investigation was conducted. The information provided comes from secondary sources that contain legal content. The data was gathered via normative data and a literature review. Deductive logic analysis techniques were used to examine the sources of legal materials gathered.
 
 Results and conclusion: According to the findings of this study, the Notary is no longer required to perform valid deeds electronically for deed agreements or electronic contracts. However, the Notary's job can be fulfilled by issuing electronic certificates in collaboration with the Certificate Authority to become a trusted third party.
 
 Research implications: This verification procedure can be used to validate electronic certificates. The verification process requires digital forensics, but it can be verified immediately by scanning a barcode at the Republic of Indonesia's Ministry of Law and Human Rights office. The Law on the Job of a Notary should also contain this responsibility because the Job of a Notary should allow for and include a Notary in providing electronic certifications.
 
 Originality/value: A Notary should be recognised as a service provider in the electronic field as part of the Electronic Information and Transaction Law revisions to protect parties in online buying and selling.

ANALISIS RISIKO DAN FAKTOR PENYEBAB TABRAKAN KAPAL KM. ARMADA SEJATI DI PELABUHAN SURABAYA DALAM KAITANNYA HUKUM MARITIM

Abstract; This research aims to find out about the risk of danger from ship collisions and to find out the factors that influence the risk of KM ship collisions. True Fleet at PT. Greetings Pacific Indonesia Lines. The type of research in this research is Normative Juridical research. The research approaches in this research are the statutory approach and the case approach. Sources of legal materials in this research are primary legal materials, secondary legal materials and tertiary legal materials. Data collection in this research used library research. Analysis will also be carried out using qualitative methods. The research results show that risk identification mapping of hazards that occur in activities on Armada Sejati ships can be carried out using the HAZOP or hazard method and the results show that the most dominant hazards are risks identified from several hazard sources such as ship accidents, painting, welding, mooring/unmooring, to loading and unloading goods. The occurrence of ship collision accidents can be caused by several factors, namely technical factors related to monitoring the ship's seaworthiness, natural factors related to weather and currents, human factors related to the human resources of the crew and also the company, as well as other factors.

Perjanjian Jual Beli Pohon Musiman Di Dalam Masyarakat Desa Sanahu Seram Bagian Barat

Introduction: The sale and purchase agreement has undergone many developments, especially regarding the procedures or forms used.Purposes of the Research: This writing aims to analyze the customary law review of the seasonal tree sale and purchase agreement in the Sanahu State community, to find out the form of sanctions for buyers who do not carry out the custom of buying and selling seasonal trees in accordance with customary law in the Sanahu State community, as one of the requirements in fulfilling study completion at the Faculty of Law, University of Pattimura.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. Civil law to achieve clarity of issues to be discussed.Results of the Research: The results of the study show that the tree sale and purchase agreement in the Sanahu community is valid, because it complies with the Civil Code contained in Article 1320, namely regarding the terms of the agreement. The agreement that has been agreed upon by the parties regarding prices and goods, is capable of making an agreement.

Tinjauan Turidis Terhadap Pemulihan Nama Baik Bagi Terdakwa Yang Dinyatakan Bebas

Introduction: Rehabilitation to restore the good name of a defendant who has been acquitted is a right that must be obtained by every defendant.Purposes of the Research: Based on the above background, the objectives to be achieved in this research are: 1. To examine and explain what are the legal reasons so that restoration of good name is possible in criminal cases. 2. To review and explain the implementation procedure in terms of obtaining the restoration of good name for a defendant. Methods of the Research: The research method used is a normative juridical research type. The problem approach used is the statutory approach and the conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature study and then analyzed through description using qualitative methods.Results of the Research: The results of the research and conclusions that the author can draw are showing how a defendant gets a recovery on his good name which has been regulated in Law No. 27 of 1983 concerning the implementation of the Criminal Procedure Code which contains procedures for rehabilitation so that a defendant can fulfill his rights in restoring his good name which has been further tarnished on charges that were not committed.

Pelaksanaan Tanggung Jawab Sosial Perusahaan PT. Reminal Utama Sakti Terhadap Masyarakat Di Kecamatan Fena Fafan Kabupaten Buru Selatan

Introduction: Companies in the laws and regulations can first be found in the second chapter of Article 6 of the Commercial Code (KUHD) it is stated that a person who regulates a company.Purposes of the Research: This writing aims to examine and find out how the form of Corporate Social Responsibility of PT. Reminal Utama Sakti on improving the welfare of the people of Fena Fafan Subdistrict, South Buru Regency, to study and determine the effect of implementing Corporate Social Responsibility PT. Main Reminal Sakti towards Improving Community Welfare, Fena Fafan Sub-district, South Buru Regency.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: The results showed that PT.Reminal Utama Sakti Forms CSR Corporate Social Responsibility to the Community of Fena Fafan District, South Buru Regency. Diesel Fuel Assistance for the Waekatin GPM Church, Diesel Fuel Assistance for Waeken Village, Solar Fuel Assistance for Fakal GPM Church, Solar Fuel Assistance for Uneth Village, Solar Fuel Assistance for Siwatlahin Village, Solar Fuel Assistance for the Mengeswaen GPM Church, Solar Fuel Assistance for the Church Waelo GPM, Diesel Fuel Assistance for Waeraman Village, Solar Fuel Assistance for Batukarang Village, Solar Fuel Assistance for Nusarua Village, and Community Empowerment Fund Assistance Fund allocation of Rp. 400.000 CSR Management Techniques at PT.Reminal Utama Sakti Through Proposals or Request Letters From the Community or Stakeholders in Fena Fafan Sub-district Then a request or request from the community or existing stakeholders is realized by the company. Corporate Social Responsibility in accordance with article 74 paragraph (1) and paragraph (2) of Law no. 40 of 2007 Forms of Social Responsibility in PT.Reminal Utama Sakti Company have not been properly realized to the Community Environmental Responsibility, in accordance with article 28H of the 1945 Constitution of the Republic of Indonesia and article 1 paragraph (2) of Law no. 32 of 2009 In order to return to the environmental conditions before forest exploitation. Region (Perda) No. 9,ld.2014/5.Tld no 37,ll Regional Secretariat of Maluku Province.

Analysis of Legal Protection of Sexual Violence Against Domestic Workers

The existence of Women Workers or Domestic Workers is familiar in Indonesia both in urban and rural areas. The government's lack of attention to domestic workers, the majority of whom are women, has made many of them victims of violent crimes. This study aims to determine the legal protection of domestic workers who get sexual violence and find out the criminal sanctions obtained by perpetrators of sexual violence. This type of research is qualitative research using a normative approach, which includes a statutory approach (statute approach) and a conceptual approach (conceptual approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The legal material that has been collected is then reviewed systematically and classified to produce a conclusion. The results showed that explicitly domestic workers who are victims of domestic violence receive protection from several laws and regulations but do not specifically regulate the form of protection, both related to employment relations, discrimination, violence, wages, and so on. Unlike Law No. 23 of 2004 on the Elimination of Domestic Violence and the Criminal Code, both preventive and repressive means protection for domestic workers as part of their family. Criminal sanctions in Law Number 23 of 2004 concerning the Elimination of Domestic Violence are formulated alternatively, namely imprisonment or fines. This means that perpetrators of domestic sexual violence can be subject to imprisonment or fines.

Bentuk Pertanggungjawaban Pelanggaran Ham Terhadap Tawanan Perang Menurut Hukum Dan Ham Internasional

Introduction: The Syrian conflict was motivated by the Arab Spring, which was related to demonstrations and popular resistance in the Middle East and North Africa which ended with the fall of the ruling regimes in these regional countries.Purposes of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Methods of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Results of the Research: Legal violations against prisoners of war based on international legal and human rights instruments according to the Geneva Convention III of 1949 (Geneva Convention (III) Relative to the Treatment of Prisoners of Wat) and Additional Protocol I year 1977 (Protocol Additional to the Geneva Conventions of 12August 1949, and relating to the Protection of Victims of international Armed Conflicts) have the right to be treated with dignity and humanity, such as not being forced to provide information unless they know their identity. Their torture and cruel treatment is seen as a war crime. prisoners of war must be moved from dangerous areas to safe places. Their living conditions must be equivalent to those of members of the armed forces of the host nation. Accountability for legal violations against prisoners for serious human rights violations against prisoners of war legally basically refers to the principle of exhaustion of local remedies through the mechanism of a national court forum. The unwillingness and inability of countries suspected of committing serious violations of human rights to resolve the problem of these violations at the national level can underlie the emergence of the judicial competence of the International Criminal Court (ICC). War crimes and crimes against humanity in accordance with the Rome Statute (Article 5 paragraph (1).

Penanganan Tindak Pidana Narkotika Di Kota Ambon Oleh Direktorat Reserse Narkoba Polda Maluku

Introduction: Narcotics abuse in Ambon City has increased from 2018-2021. Narcotics in 2018-2021, namely: in 2018 there were 140 cases, in 2019 there were 123 cases, in 2020 there were 143 cases while in 2021 there were 169 cases.Purposes of the Research: To examine and discuss what was carried out by drug investigators from the Maluku Regional Police in handling narcotics crimes. To examine and discuss the obstacles faced by drug investigators from the Maluku Regional Police in handling narcotics crimesMethods of the Research: This research is a normative juridical research. This type of research is descriptive analytical. The source of legal materials used in this research is primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: What the Maluku Police drug investigators did in handling narcotics crimes, namely: conducting examinations of witnesses and suspects and completing investigative actions, confiscating evidence found on suspects, conducting examinations or testing of evidence found on suspects, sending SPOP (Notification Letter of Commencement Investigation) to the Prosecutor's Office, carrying out the filing process, Submission of suspects and evidence to the prosecutor besides that there are obstacles faced by Maluku Police Narcotics investigators in Handling narcotics crimes, namely: there is still a lack of good cooperation between the community and officers, the modus operandi carried out by actors who are growing and changing, there are many new variants of narcotics.

Intervensi Republik Vanuatu Dalam Persoalan Papua, Perspektif Hukum Internasional

Introduction: The principle of Non-Intervention as a form of recognition of international law. Starting from the principle of Non-Intervention in 2016, one of the countries in the Pacific Ocean, the Republic of Vanuatu for the first time raised the issue of human rights violations in Papua Province at the UN General Assembly.Purposes of the Research: This writing aims to understand and find out the regulations regarding the intervention of the republic of Vanuatu in the province of Papua, from an international legal perspectiveMethods of the Research: The research method used is a normative juridical research method as well as sources of legal materials which include legal materials, primary, secondary legal materials and tertiary legal materials. The collection of legal materials is done through literature study and analysis.Results of the Research: The results of this study explain that the regulation of intervention in international legal instruments has been strictly and precisely regulated in international law. This is contained in the provisions of the United Nations Charter, namely in article 2 paragraph (7) which explains that every country in conducting international relations is prohibited from intervening in the domestic affairs of other countries. In the United Nations Charter article 2 paragraph (7) the intervention carried out by the State of Vanuatu is an attitude and statement that is not justified in international law because it is contrary to the principles of international law.

Pelaksanaan Perjanjian Babalu Dalam Masyarakat Negeri Sanahu

Introduction: In everyday life, humans cannot be separated from carrying out agreement activities, both written and unwritten.Purposes of the Research: To study and analyze the implementation of the babalu agreement in Negeri Sanahu, To review and design a babalu agreement that can provide benefits to the parties, As one of the requirements to complete studies at the Faculty of Law, University of Pattimura.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: Babalu agreement is an agreement that is often used by people in the State of Sanahu, West Seram Regency with certain provisions and there are rights and obligations between land owners and sharecroppers. If the agreement made and agreed upon by the parties and witnesses (customary leaders) is violated, the violator will receive sanctions in the form of termination of work if the violation is on the part of the sharecropper, and if the land owner violates the law, the results that are managed completely belong to the sharecropper. Without repaying the land owner. If the agreement is violated by one of the parties, then the legal consequences are in accordance with Article 1338 of the Civil Code, namely if anyone who violates the agreement will receive a penalty as stipulated in the law.

Fungsi Dewan Keamanan PBB Dalam Penyelesaian Konflik Bersenjata Internasional

Introduction: This study discusses the function of the UN Security Council in resolving international armed conflicts which have a very large role in fighting for and providing maintenance of world peace and security. The UN Security Council has a very large role in being a peacekeeper to stabilize conflicts related to information such as human rights, disarmament, gender, humanitarian relations and political affairs. The implementation of international law provisions in the UN Charter has not been carried out optimally because there are still countries that do not comply with the rules that have been set. Purposes of the Research: This study aims to identify and examine the functions of the Security Council in the structure of the UN international organization and to identify and examine the functions of the UN Security Council in resolving international conflicts according to the UN charter.Methods of the Research: The research method used is normative juridical research. This research is called library research because normative juridical research is carried out by examining sources of legal material using a law approach and a case approach. The use of legal material sources consists of primary, secondary and tertiary legal materials. The technique of collecting this research was done through library technique.Results of the Research: The United Nations Security Council as one of the main organs in the United Nations has functions and powers which are generally regulated in Articles 24 to 26 of the United Nations Charter which includes members of the United Nations giving the Security Council the main responsibility for maintaining international peace and security as well as having the responsibility in formulating plans to be submitted to members of the United Nations for the establishment of a system of arms regulation. In the conflict in Central Africa, the implementation of these provisions has not been carried out optimally because there are still violations by several parties by not complying with the policies issued by the Security Council. It requires the commitment of all disputing parties to comply with the applicable provisions of Humanitarian Law and provide strict sanctions against those who violate them.

Tanggung Jawab Pihak Ekspedisi Dalam Transaksi Pengiriman Barang

Introduction: The marketplace works with the expedition as a delivery service to facilitate sellers in sending buyers' orders. The process of sending goods does not always run smoothly, there are various common problems that usually occur in the process of sending goods by the expedition. This certainly raises the distrust of service users towards the responsibility of the expedition.Purposes of the Research: To find out the form of legal responsibility for the expedition's default and the factors that cause default by the expedition.Methods of the Research: This research uses normative research methods with the problem approach used is a statutory approach and conceptual approach, and the sources of legal materials used are primary, secondary and tertiary.Results of the Research: The results showed that if in the process of shipping goods there is a violation or negligence caused by the expedition, then the expedition as a business actor will provide compensation, this is in accordance with Article 1366 of the Civil Code. The act of default by the expedition in the delivery of goods is caused by internal and external factors that make the expedition must be responsible for the losses caused.

Analisa Yuridis Putusan 264/Pid.Sus/2021/PN Mjk tentang Tindak Pidana Perdagangan Orang dalam Perkawinan (Studi Kasus pada Pengadilan Negeri Mojokerto)

The victims of the crime of trafficking in persons in marriage are experienced by women. Therefore, victims of the crime of trafficking in persons in marriages must obtain maximum protection. The purpose of this study is to identify and explain and analyze the decision No. 264/Pid.Sus/2021/PN Mjk. This type of research is normative juridical research using the statue approach and case approach, primary and secondary sources of legal material and deductive analysis. The results of this study indicate that the application of criminal law to offenses in Decision 264/Pid.Sus/20201PN Mjk is not in accordance with Law no. 21 of 2007 concerning the eradication of the crime of trafficking in persons and Law no. 1 of 1974 concerning marriage. By imposing a sentence, the judge makes judgments that are in accordance with the facts and disclosures in court. but both in terms of substance and form of testing, it is not in accordance with the current law. In this case, the defendant is sentenced to 1 (one) year in prison. The benefit of this research is that the public knows and obtains an explanation regarding the analysis of the decision Number 264/Pid.Sus/2021/PN Mjk.

Analisis Putusan Hakim No. 180/Pid.Sus/2020/PN Sda terhadap Korban Tindak Pidana Kekerasan dalam Rumah Tangga

Victims of domestic violence are mostly experienced by women and must get protection from society and the state in order to avoid and be free from violence and torture that has degraded the degree and dignity of human beings. Domestic violence, especially the atrocities committed by partners against their partners, leads not only to real torture but also to mental misery. Therefore, victims of domestic violence must receive maximum protection. The purpose of this study is to find out the analysis of the judge's decision No.180/Pid.Sus/2020/PN Sda. This type of research is a normative juridical research using a case approach problem approach. Sources of legal materials obtained in this study are primary and secondary sources of law. While the analysis of legal materials used in this study is deductive analysis because deductive analysis is a technique of analyzing legal materials by collecting facts that are packaged into theories. The results of the analysis of the judge's decision No.180/Pid.Sus/2020 PN. SDA against victims of criminal acts of domestic violence shows that the judge in imposing criminal sanctions on the defendant has been in accordance with the applicable law, namely Article 44 paragraph 1 of the Law on the Elimination of Domestic Violence. However, there was injustice. The judge tried the decision no. 180/Pid.Sus/2020 PN. Sda because what was handed down to the defendant was 3 years in prison. In the judge's decision there is injustice because in Article 44 paragraph (1) of the Law. RI. Number 23 of 2004 concerning the Elimination of Domestic Violence has regulated that criminal acts of domestic violence must be sentenced to a maximum of 5 (five) years in prison and a fine of Rp. 15,000,000.

Legal Protection of Journalists' Rights Based on Law No 40 of 1999 on Freedom of the Press

This thesis is entitled legal protection for the journalist profession by raising several issues including the following: (a) abuse or physical violence against journalists who are carrying out their duties, (b) deletion, falsification of news reports produced by journalists, (c) intimidation or pressure on journalists to stop or limit the delivery of news or reports relating to the public interest, (d) prohibiting access or blocking journalists from gathering information or covering an event. Based on the main points calculated in the background, the researcher can analyze it to determine the formulation of the problem as follows what are the forms of criminalization of journalists' rights of profession and the legal protection of the rights of journalists who are criminalized by other parties. The research methods as researchers in a scientific or scientific way to get a discussion of theoretical studies. This research method consists of: (1) The type of research method used in this writing is the normative legal research method. (2) descriptive approach (3) and sources of legal materials consisting of secondary, primary and tertiary sources of legal materials, then also processing of legal materials and analysis of legal materials. Then the literature review section consists of (1) an overview of previous research, (2) an overview of journalists and the press, (3) an overview of legal protection, (4) an overview of victims. This literature review serves as a theoretical basis in outline so that it can complete the discussion and theory sections which consist of: (1) Forms of criminalization of the rights of the journalist profession, (2) Legal protection of the journalist profession which is criminalized by other parties.

SETTLEMENT OF STATE ADMINISTRATIVE DISPUTES

Indonesia is a country of law as stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In line with these provisions, it provides an understanding that all government actions must be based on law. The law here is a guideline and limiter for the implementation of authority carried out by the government. This is intended so that the government is not arbitrary in its actions. The government's authority is focused on implementing executive power at both the central and regional levels. As this has been shared in Baron de Montesquie's theory of the Separation of Powers, which requires that executive power is government power. This research uses a normative method with a statutory approach (statue approach) and a conceptual approach (conceptual statue), the source of legal materials is obtained from primary legal materials, secondary legal materials, tertiary legal materials, the technique of collecting legal materials in this research is carried out through a card system. (card system). The analysis technique used in this research is descriptive analytic analysis technique. Apart from that, we also use evaluation techniques, which are carried out by providing an assessment to find out whether a view, proposition, norm formulation statement, and decision stated in legal materials are correct or not, and the last is the argumentation technique. This argumentation technique cannot be separated from the evaluation technique. Because the assessment must be based on reasons that are in accordance with legal logic.

PERLINDUNGAN HUKUM BAGI TENAGA KERJA ATAS SUATU PERUSAHAAN YANG DINYATAKAN PAILIT YANG BERIMPLIKASI PEMUTUSAN HUBUNGAN KERJA YANG TIDAK DIBERIKAN PESANGON

The irrelevance of Das Sollen which is a rule or positive law that applies regardingregulations regarding company obligations in paying workers due to layoffs based on the Labor Law, is different from Das Sein which is the implementation of Das Sollen or the growing reality.The formulation of the problem in this study What are the legal consequences of a company being declared bankrupt which has implications for termination of employment for not providing severance pay? What is the legal protection for labor do not receive severance pay after termination of employment for a company declared bankrupt? The method used in this study is a qualitative research type with a normative juridical approach carried out through library research by studying and examining applicable legal provisions, documents or literature related to the issues studied and legal material collection techniques carried out by identifying and inventory of positive law rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using legal interpretation (interpretation), as well as systematic interpretation and legal construction methods. From the research results, it can be obtained that the legal consequences of a company being declared bankrupt which has implications for termination of employment for not being given severance pay have resulted in the company being declared bankrupt losing all civil rights to control and manage assets that have been included in bankrupt assets. The suspension of this civil right is enforced by Article 22of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt as of the time the decision to declare bankruptcy was pronounced. Legal protection for labor do not receive severance pay after termination of employment for a company that is declared bankrupt within a company has the right toreceive rewards or wages that have been stipulated in the provisions of labor laws as well as good and fair treatment in employment relations in a company

KEPASTIAN HUKUM TERHADAP PERJANJIAN AKAD QARD WAL IJARAH ATAS DANA TALANGAN HAJI PADA BANK SYARIAH


 
 
 
 Al-qard wal ijarah is a financing product available at Islamic Banks with the aim of making it easier for people to perform the pilgrimage. Hajj bailout funds are basically in order to make it easier for people to perform the pilgrimage. Whereas Law Number 21 of 2008 concerning Sharia Banking, Article 1 paragraph (1) in this Law states that; Sharia Banking is everything that concerns Sharia Banks and Sharia Business Units, including institutions, business activities and procedures and processes in carrying out their business activities. In practice, there are problems when there is a default in the agreement. This research is to examine the arrangements for the implementation of the Qard Wal Ijarah Akad Agreement on Hajj Bailout Funds at Islamic Banks and examine the provisions of the Qard Wal Ijarah Akad Agreement on Hajj Bailout Funds at Islamic Banks in order to achieve legal certainty. This study uses an analytical knife, namely using the theory of legal certainty and the theory of agreements.
 The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is the statute approach, conceptual approach, analytical approach, case approach and legal material collection techniques by identifying and inventorying positive legal materials, literature books, journals and other sources of legal materials. For legal material analysis techniques, legal interpretation (interpretation) is systematic interpretation and legal construction methods by analogy, legal refinement construction (rechtsverfijning) and argumentum a contrario. The results of the researcher's analysis conclude that the arrangement in implementing the consequences of the agreement in the Qard Wal Ijarah contract for the financing of hajj bailout funds at Islamic banks raises problems when there is a default in the agreement. Defaults committed by parties causing losses to Islamic Banks. The absence of collateral in the ijarah contract agreement raises concerns about fraud in the Hajj bailout fund financing at Islamic banks. The provisions of the Qard Wal Ijarah Contract Agreement for Hajj Bailout Funds at Islamic Banks in order to achieve legal certainty is that there is a guarantee in financing that has several functions, namely increasing the level of trust of the owner of the funds to the user of the funds. In addition, the guarantee function can be a means of paying debts in the event of default by cashing in or selling the collateral. In this case, collateral in Islamic bank financing is a support or reinforcement for banks to provide financing for third parties. The researcher's suggestion is that for the government it is necessary to make specific regulations in terms of making an Ijarah agreement deed by including a guarantee clause as a deterrent and a solution in the event of a default. For financing distributors, putting more emphasis on implementing the customer's character, capacity (customer's ability in future business prospects), collateral (collateral) so as not to harm.