scholarly journals JURISDICTIONAL ANALYSIS OF LAND AND BUILDING GRANTS TO UNDERAGE CHILDREN TO REALIZE LEGAL ASSURANCE

2021 ◽  
Vol 1 (1) ◽  
pp. 37-44
Author(s):  
Fadhilah Muhamad Noor ◽  
Siti Nurkhotijah ◽  
Titik Aminah ◽  
Feby Milanie
Keyword(s):  
Qualitative Analysis ◽  
Child Custody ◽  
Legal Protection ◽  
The Gift ◽  
The Right ◽  
A Minor ◽  
Made In ◽  
The Way

Grant is a covenant with which the giver in his life freely and cannot be taken back to hand over something to which the recipient receives the gift. As for the question of how grants to minors and symptoms should be performed and how they will be satisfied if they are given to minors. The purpose of this study is to identify the forms of legal protection, constraints, and mechanism for executing child grants and efforts to achieve their completion. The adoption of grants to minors should be accompanied by either the parents or the guardians. The study was empirical juridical, qualitative analysis. The literature of the theory referred to under section 1682 PCT chapter 37 pp no. 24 1997, on which grants still have to be made in front of PPAT. Studies that grant could be granted to minors on the condition that a parent should have a guardian or representation of a child, the problem that occurs in the granting of a child to a minor is that other families demand the right of the grant where it is performed without the consent of another sibling, the way it is done by a notary notarized deed, and then it is renewed with a firm and clear vow. For legal protection against property from minors, legal care can be made through parental or child custody, whether by law or by law, it may not be used to transfer, transfer or distribute the child's wealth unless it is granted by the court.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals The Right of the Contractor To Deviate From The Electronic Sales Contract

2019 ◽  
Author(s):  
Ahmed Shawi ◽  
Raqiya Ali
Keyword(s):  
Technological Development ◽  
Legal Protection ◽  
Legal Issues ◽  
Information Revolution ◽  
Negative Side ◽  
Dynamic Development ◽  
Modern Media ◽  
The Right ◽  
Media Channels ◽  
The Way

Recently, during the last century, Communication & Information revolution caused an essential dynamic in society, especially in legal issues, This dynamic development of information data through this web, it has an essential effect upon the way of civil treatment, which then called "electronic agreements". The industrial and technological development lad to obvious changes in producing processes either for goods or services and then its distributing methods, through using modern media channels, but this factor has a negative side because there is no legal protection for the contractors. This fact leads to the necessity of publishing certain conditions to protect consumers.

scholarly journals Perlindungan Hukum Terhadap Penerima Hak dalam Perjanjian Waralaba di Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 459-464
Author(s):  
I Made Dwi Wahyu Kartika ◽  
Ni Made Jaya Senastri ◽  
Ni Gusti ketut Sri Astiti
Keyword(s):  
Data Collection ◽  
Qualitative Analysis ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Marketing Concept ◽  
Legal Requirements ◽  
Science Book ◽  
The Right

Franchising is a marketing concept in order to expand the business to support the economy, in this case there are often problems related to the agreement that has been set. Therefore, a legal protection is needed for the recipient of the right. The purpose of this study is to reveal the choice of agreement in the implementation of franchise agreements in Indonesia and the form of legal protection for franchisees in Indonesia. The research method in this study is normative research focusing on the behavior of the legal community and through legal science book references. Sources of data used are primary data by examining regulations related to franchises and secondary data by examining literature, books, papers and journals. Data collection techniques by classifying primary legal materials with secondary legal materials as a support. Analysis of Legal Materials obtained by qualitative analysis. The results of the study reveal that the franchise business in Indonesia has been regulated in the provisions of PP No. 42 of 2007 concerning franchising, for the legal requirements for the establishment of a franchise business, it must meet the provisions in Article 1320 of the Civil Code, and the form of legal protection for franchisees is contained in Article 7 of the Regulation of the Minister of Trade Number 12/ MDAG/Per/3/2006 so the franchisor cannot terminate the agreement at any time or at any time.

How Conditional Amnesties Can Assist Transitional Societies in Delivering on the Right to the Truth

2017 ◽  
Vol 6 (2) ◽  
pp. 143-175 ◽  
Author(s):  
Jeremy Julian Sarkin
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Legal Protection ◽  
Transitional Societies ◽  
Post Conflict ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Made In

This article explores how conditional amnesties can assist post-conflict societies to recover truth. It examines how such amnesties can be used optimally to achieve the best results as part of transitional justice mechanisms. Thus, a central question is to see how amnesties can be used for truth recovery purposes. For that reason, the status and role of amnesties, and whether such amnesties can be used to learn more about the past and assist in truth recovery is explored. The article explores what amnesties are, how prevalent they are and how amnesties can be used optimally to achieve the best results. An issue that is also explored is whether amnesties are needed for perpetrators to participate in transitional justice mechanisms. The argument that is made, in this regard, is that amnesty is absolutely necessary to persuade perpetrators to testify. If they do not have such legal protection, perpetrators fear the legal consequences that may result if they admit to crimes for which they have not been charged. Another question that is examined concerns whether amnesties, and specifically conditional amnesties, pass international law muster. This article therefore investigates the continual and extensive use of amnesty to determine whether a conditional amnesty violates international law. The article suggests how a conditional amnesty process could be structured and what difficulties such a process should avoid if perpetrators are to enter such a process.

scholarly journals Putusan Hakim Terhadap Hak Asuh Anak Akibat Perceraian Di Pengadilan Agama Polewali Mandar

2020 ◽  
Vol 1 (2) ◽  
pp. 244-259
Author(s):  
Sry Yulianti ◽  
Ma'ruf Hafidz ◽  
Dachran S Busthami
Keyword(s):  
Child Care ◽  
Empirical Research ◽  
Child Custody ◽  
Legal Protection ◽  
Research Approach ◽  
Factors Affecting ◽  
Custody Of Children ◽  
Religious Factors ◽  
The Right

Tujuan penelitian menganalisis Efektifitas Putusan Hak Asuh Anak dan Pertimbangan Hakim di Pengadilan Agama Polewali Mandar dalam memberikan hak pemeliharaan atau hak asuh anak kepada salah satu dari orang tuanya. Penelitian ini menggunakan pendekatan penelitian empiris  Hasil penelitian menunjukkan bahwa: (1) evektifitas putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar No.195/Pdt.G/2020/PA.Plw terlaksana sudah efektif karna dilaksanakan dengan baik dan memenuhi syarat sesuai dengan putusan Pengadilan Agama dalam pemenuhan hak asuh anak; (2)  faktor-faktor yang mempengaruhi putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar , yaitu faktor agama dan faktor materi. Pertimbangan hakim dalam menetapkan hak pemeliharaan anak atau hak asuh anak, selain pertimbangan hukum yang dilakukan, hakim juga melihat kepentingan-kepentingan anak, supaya hak pemeliharaan anak atau hak asuh anak tepat kepada siapa di dapatkan. Hakim juga menggunakan hadist Al-Qur’an dalam mempertimbangkan putusan tentang hak asuh anak. This study aims to analyze the implementation of legal protection against children through diversion The research objective is to analyze the effectiveness of child custody decisions and judges' judgments at the Polewali Mandar Religious Court in providing custody or custody of children to one of the parents. This study uses an empirical research approach. The results show that: (1) the effectiveness of the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court No.195 / Pdt.G / 2020 / PA.Plw has been implemented effectively because it is implemented well and fulfills requirements in accordance with the decision of the Religious Court in fulfilling child custody rights; (2) the factors affecting the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court, namely religious factors and material factors. Judges considerations in determining child care or child custody rights, in addition to the legal considerations made, the judge also looks at the interests of the child, so that the right to care for the child or the right to custody of the child is right to whom it is obtained. The judge also used the hadith from the Qur'an in considering decisions about child custody.

scholarly journals Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request

2015 ◽  
Vol 13 (1) ◽  
pp. 93-118
Author(s):  
Tine Jurič
Keyword(s):  
Empirical Research ◽  
Fast Track ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Legal Remedy ◽  
The Right ◽  
Judicial Protection ◽  
Made In

The right to a legal remedy is one of the fundamental rights, which must be provided to every party involved in the proceedings (criminal, administrative, civil) which decide on the party’s rights, obligations or legal benefits. In the field of misdemeanour law with regard to the fast track misdemeanour proceedings, the legislature refers to this remedy as the request for judicial protection. Its effectiveness at the level of the set of reasons and their frequency at lodging the request, with the aim of providing the best possible legal protection of offenders, is unexplored, and so an in-depth empirical, historical and normative research of the challenge against its lodging has been made, in particular of the range, meaning, scope and the frequency of the filing of the reasons challenging the lodging. The research established that the range of the challenging grounds for filing a request for judicial protection extends with the amendments to the Minor Offences Act and in this way provides a greater legal protection for offenders, and that most of them are filed due to a challenge on the grounds of erroneous and incomplete factual findings. This suggests that in this part of the fast track misdemeanour proceedings, most irregularities by misdemeanours authority are claimed. The results of empirical research utilizing the model of challenging the Police decisions regarding misdemeanours present the conduct of research, the methods used, as well as the baseline for a model of judicial protectionagainst the decisions of the Police regarding the Minor Offences Act de lege ferenda.

Grieving Organizations and Other Work-Related Pathologies

2021 ◽  
pp. 1-25
Author(s):  
Cynthia Maria Montaudon-Tomas ◽  
Ingrid Nineth Pinto-López ◽  
Ivonne Margarita Montaudon-Tomas ◽  
Yvonne Lomas-Montaudon
Keyword(s):  
Organizational Climate ◽  
Organizational Health ◽  
Emotional Wellbeing ◽  
Private Business ◽  
Work Related ◽  
Staff Performance ◽  
The Right ◽  
Organizational Procedures ◽  
Made In ◽  
The Way

The only constant in life and organizations is change. Change can come in a variety of forms, affecting the way people perform and feel at work, and can sometimes result in grief. This chapter defines grieving organizations and other pathologies that affect organizational health, identifying particular traits that are visible in the way in which work is performed. Different comparisons are made in order to pinpoint key elements and events that can affect the wellbeing of employees. An example from academia is presented: A private Business School in Puebla has faced numerous changes that affect the emotional wellbeing of its members. Changes in leadership, organizational procedures and policies, layouts, early retirement, and even the death of a colleague have substantially affected staff performance. Establishing the right courses of action is essential to develop leadership and promote an organizational climate that is supportive of its employees.

scholarly journals An Inheritance Contract: a Critical Look at the Legal Construction

Lex Russica ◽  
2021 ◽  
pp. 30-38
Author(s):  
N. E. Sosipatrova
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Third Party ◽  
Inheritance Law ◽  
Legal Structure ◽  
The Russian Federation ◽  
The Right ◽  
Made In

The legal structure of an inheritance contract introduced into the system of Russian civil law on June 1, 2019, caused an ambiguous evaluation in the doctrine of inheritance law. Analyzing various points of views of scholars and legal prescriptions, the author expresses her opinion on this legal structure highlighting in particular an imbalance in the legal status of the parties to the inheritance contract, expressed in the possibility of unilateral refusal to execute it by only one of the parties, in the absence of legal protection of the testator's counterparty when the latter alienates the property specified in the inheritance contract. This makes this legal structure practically non-binding for the testator and reduces its relevance. The author substantiates that the legal prohibition of concluding an inheritance contract through a representative applies only to the testator. The assumption is made that the reference to a third party acquiring the right of inheritance does not turn this agreement into a contract made in favor of the third party. The paper focuses on the controversial issue of the limits of the discretion of the testator and the essential conditions of the inheritance contract. The author differntiates the gaps in the law in the regulation of a number of issues related to the conclusion and execution of an inheritance contract, some wordings of Art. 1118 and 1140.1 of the Civil Code of the Russian Federation and suggests proposals that improve rules under consideration. The author comes to the conclusion that the legal structure of inheritance law raises many questions caused by faulty legal formulations and insufficient completeness of legal regulation, which can give rise not only to doctrinal discussions, but also to contradictory law enforcement practice.

scholarly journals Ex-Officio Rights of the Judges in Signating the Holder of Currency: Hadhanah in Directions of Divorce at the Religious Court as an Efforts of Legal Protection and Administration of Legal Certainity for Children

2019 ◽  
Vol 7 (2) ◽  
pp. 252-260
Author(s):  
Muhammad Fadhly Ase
Keyword(s):  
Child Custody ◽  
Legal Protection ◽  
Best Interests ◽  
Best Interest ◽  
Psychological Condition ◽  
Legal Relationship ◽  
The Status ◽  
The Right ◽  
Husband And Wife

Child custody (hadhanah) is a problem that often occurs in divorce. This is because divorce often still leaves problems. Divorce only breaks the legal relationship between husband and wife and changes the status of each to a former husband and ex-wife but does not reduce conflicts between them. The conflict between the parents which then leads to a struggle for custody of the child clearly greatly affects the psychological condition of the child. It is the duty of a judge to provide the best interests as a form of protection for the child. The results of this study indicate: the right of ex officio judges is used or applied in the context of certainty, justice and legal benefits for both parties and especially for the child himself, hadhanah or post-divorce care for the child places the child's position as a party that must be protected and is a joint obligation of both parents. in the best interest of the child.

scholarly journals Making Tracks

2016 ◽  
Vol 138 (02) ◽  
pp. 36-41
Author(s):  
Bridget Mintz Testa
Keyword(s):  
Rural Areas ◽  
High Speed ◽  
Passenger Cars ◽  
High Speed Rail ◽  
Bullet Train ◽  
Rail Line ◽  
The Right ◽  
Car Travel ◽  
Made In ◽  
The Way

This review discusses various challenges and solutions to tackle them on the route that the Texas Central is developing between Houston and Dallas. A privately funded high-speed rail line promises to whisk passengers from Houston to Dallas at 200 mph; however, building the project may divide rural areas even as it unites cities. Inter-regional passenger car travel and three- to five-hour air flights are increasingly plagued by delays, hassles, and bureaucratic security theater. Researchers believe high-speed rail can compete in that market, potentially transforming the way business is conducted and national geography is conceived. That is, of course, if the companies building high-speed rail lines can find the right alignments between cities without alienating residents, businesses, and farmers along the way. Texas Central Railway has chosen the Japanese Shinkansen bullet train technology for its trainsets and rail. The current plan is for all the power and passenger cars to be made in Japan.

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