AMAR

PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA ATAS RISIKO YANG TERJADI DALAM PERJANJIAN BERDASARKAN HUKUM PERDATA

2024-03-19T15:59:58+08:00

Legal Protection Of Business Doors The Risk That Happened In The Agreement Based On Civil Law (Study at PT. Adi Putra Narasi, Denpasar City, Bali Province) and (Study at PT. Kurnia Bhakti Sejahtera Banyuwangi). Legal protection must be implemented in every country to be given to the people, of course in each country using different methods for legal protection of the people, especially Indonesia. In every business actor will face and get an unpredictable risk. Risk is a result that is unpleasant (harmful, harmful) from an action or action, either intentionally or unintentionally. In a business activity there is a cooperation agreement in carrying out a business activity. (a) What are the risks faced by Adi Putra Narasi Limited Liability Company in the cooperation agreement with Pertamina Patra Niaga Limited Liability Company in implementing non-subsidized fuel oil distribution activities and Elnusa Petrofin Limited Liability Company in the fuel/bbk transport tank rental agreement? (b) How is the legal protection for business actors for the risks that occur in the Adi Putra Narasi Limited Liability Company based on the Civil Code? This research method uses inductive qualitative data analysis techniques and an empirical juridical approach. Collecting data through interviews with Limited Liability Company business owners and several staff at the Adi Putra Narasi Limited Liability Company (PT) by documenting, direct observation in the field. Secondary data obtained through various sources such as books, journals, data from the internet and data needed in order to systematically identify the data.The results of this study conclude that (a) There are several risks faced by Adi Putra Narasi Limited Liability Company (PT) which include: the relatively high price of non-subsidized fuel oil; risk of meeting targets; risk of decreasing sales results; tank car maintenance and maintenance risks. (b) Based on the risks faced by business actors, of course they have not received legal protection in accordance with the Civil Code, listed in article 1365; 1233; 1244; 1245 of the Civil Code. According to the author, business actors have not been protected based on legal protection in accordance with all the risks experienced by business actors

EFEKTIVITAS PERATURAN PEMERINTAH NOMOR 56 TAHUN 2021 TENTANG PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN/ MUSIK PADA KAFE DANTEMPAT KARAOKE ATAS PENGGUNAAN SECARA KOMERSIAL

2024-03-19T16:02:50+08:00

EFFECTIVENESS OF GOVERNMENT REGULATION NUMBER 56 OF 2021 CONCERNING ROYALTY MANAGEMENT OF SONG COPYRIGHTS AND/MUSIC ON THE CAFE AND KARAOKE PLACE COMMERCIAL USE (Research Study in Gianyar and Denpasar Regencies). Royalties are compensation or remuneration for the use of a work created by someone which includes copyrighted songs and/or music. Royalty payments collected by the National Collective Management Institute (LMKN) results will be given to creators, copyright holders and related rights owners as a form of permission or appreciation for the work that someone has created. This study aims to determine the Effectiveness of Government Regulation Number 56 of 2021 Concerning Management of Song and/Music Copyright Royalties that are used commercially in cafes and karaoke places in Gianyar and Denpasar Regencies and How are the efforts of the Provincial Government of Bali in supporting cafe and cafe business actors karaoke to carry out its obligations regarding the payment of song and/music copyright royalties. This study uses empirical research methods, namely data obtained directly from informants by conducting research in the field through observation, interviews and documentation related to research and practice. The results of the study concluded that Government Regulation Number 56 of 2021 concerning Management of Song and/Music Copyright Royalties is still not effective because in reality there are still many cafe and karaoke business actors in the Province of Bali, especially in Gianyar and Denpasar Regencies who do not carry out their obligations to pay royalties. There are various reasons for the reluctance of business actors not to pay royalties, one of which is because they have never known about the existence of regulations regarding these royalties. The government has now started to make several efforts so that the regulation regarding royalties runs as it should, one of which is conducting socialization but it has not run optimally.

EFEKTIVITAS PELAKSANAAN PERATURAN PEMERINTAH NO. 86 TAHUN 2019 TENTANG KEAMANAN PANGAN TERHADAP PRODUK OLAHAN PANGAN INDUSTRI RUMAH TANGGA YANG TIDAK MEMILIKI IZIN EDAR SERTIFIKAT PRODUKSI PANGAN INDUSTRI RUMAH TANGGA (SPP-IRT) DI KABUPATEN BANYUWANGI

2024-03-19T16:05:49+08:00

THE EFFECTIVENESS OF THE IMPLEMENTATION OF GOVERNMENT REGULATION NO. 86 OF 2019 CONCERNING FOOD SAFETY FOR PRODUCTSPROCESSED FOOD IN THE HOUSEHOLD INDUSTRY THAT DOES NOT HAVE A DISTRIBUTION PERMIT FOR FOOD PRODUCTION CERTIFICATESHOME INDUSTRY (SPP-IRT) IN BANYUWANGI REGENCY. Household Industry (IRT) is a type of economic activity in which most of its business activities are centered in a house that has a separate room from other rooms in the residence. IRT activities that have production results in the form of processed food or called Household Industrial Food (P-IRT). Business actors are required to have a distribution permit in the form of a Household Industrial Food Production Certificate (SPP-IRT). The obligation for household industry food business actors to have an SPP-IRT distribution permit is explained in Government Regulation No. 86 concerning Food Safety which states that certain processed foods produced by the household industry are required to have a household industry Processed Food production permit. So that this research has a formulation of problems, namely (1) How is the effectiveness of the implementation of Government Regulation No. 86 of 2019 concerning Food Safety for processed food products of the household industry that do not have an SPP-IRT distribution permit and (2) How to carry out supervision by the Health Office on processed food in the household industry related to SPP-IRT distribution permits in Banyuwangi. In this study, the author uses an empirical type of legal research with a sociological juridical approach, namely looking at a legal reality by examining social symptoms that exist in society directly in the field, data from this study is obtained from data in the field and literature, to be then analyzed more deeply by the author. The results of the study concluded that PP No. 86 of 2019 concerning Food Safety is deemed ineffective because many IRT business actors still do not know about the PP and the importance of P-IRT permits as a form of business legality. The forms of pre-market and post-market supervision applied by the Health Service to IRT business actors are currently less active after the OSS (Online Single Submission) system was introduced because this system was still newly implemented and the implementation of supervision by the Health Service to business actors in Banyuwangi still lacks.

PERLINDUNGAN HUKUM KONSUMEN DALAM PEMBELIAN SUATU BARANG DENGAN PENCANTUMAN KLAUSULA EKSONERASI PADA NOTA PEMBAYARAN DITINJAU DARI UNDANG – UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2024-03-19T16:08:51+08:00

PROTECTION OF CONSUMER LEGAL PROTECTION IN PURCHASE OF AN GOODS BY INCLUDING AN EXONERATION CLAUSE ON PAYMENT NOTES REVIEWED FROM LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION(Case Study in Stores and Minimarkets in Banyuwangi Regency). The Exoneration Clause is a provision in an agreement where it is determined that there is a limitation or exemption from certain responsibilities, which normally according to law should be his responsibility. Exoneration clauses whose contents aim to transfer the responsibility of business actors are included in the type of standard clauses that are prohibited according to Law Number 8 of 1999 concerning Consumer Protection. The problems examined in this study include: 1) The legal consequences if the Payment Note includes an Exoneration Clause, 2) Legal Protection for Consumers regarding the application of the Exoneration Clause to Payment Notes. The research method used in this study is empirical juridical, namely legal research regarding the application of every legal event that occurs in society or direct research into the field using the methods of observation, interviews, documentation and then data analysis.The results of the study stated that: 1) Business actors violated the provisions for including the exoneration clause which had been stipulated, according to the Civil Code Articles (1320 and 1338) would be declared null and void, Article 62 paragraph (1) of the Consumer Protection Act already contains sanctions, namely threats of punishment maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). 2) Legal protection for consumers is based on the existence of a number of consumer rights that need to be protected from actions that might harm consumers. Based on Article 1 of Law No. 8 of 1999 concerning Consumer Protection, which explains that consumer protection is all efforts to ensure legal certainty, however, in practice there are still many business actors who use exoneration clauses and this results in consumers not being protected.

PERLINDUNGAN HUKUM TERHADAP MODEL DALAM KONTRAK KERJA PADA INDUSTRI MODELING MENURUT HUKUM PERDATA

2024-03-19T16:11:38+08:00

LEGAL PROTECTION OF MODELS IN WORK CONTRACTS IN THE MODELING INDUSTRY ACCORDING TO CIVIL LAW (Research Study in Banyuwangi Regency). Article 1313 of the Civil Code states that "an agreement is an act in which one or more people bind themselves to one or more people." The agreement made by the agency and the model is set forth in a work contract which contains work related to the model's wages, the distribution of wages between the agency and the model, the conditions during the employment contract and the rights of the models while under the auspices of the agency. In the implementation of work contracts between modeling agencies and models, problems often occur related to the non-fulfillment of the contents of the work contract and the non-fulfillment of the rights of the models while the contract is running, causing defaults in the work contract. The parties to the employment contract, in this case the modeling agency and model, have the right to sue if their rights are not fulfilled and are entitled to legal protection in the event of negligence or violation. Based on the problems above, the author formulates problems related to the thesis title above, namely: 1. How is the implementation of work contracts in the modeling industry in Banyuwangi? 2. How is the legal protection of models in employment contracts in the modeling industry according to civil law? Contracts or agreements made in the fashion industry are still in the form of verbal agreements. In the implementation of verbal agreements that occur, problems often arise when the contract period lasts. The problems that occur are the non fulfillment of the rights and obligations carried out by both parties, especially for the model party whose rights are often not fulfilled. The parties to the employment contract, in this case the model party, have the right to sue if their rights are not fulfilled and are entitled to legal protection in the event of negligence or violation. The protection of models is intended to guarantee the basic rights of workers/laborers, which in this case are models, and guarantee equality of opportunity and treatment without discrimination on any basis to realize model welfare.