JOURNAL EQUITABLE

NOVICE INVESTORS AND PROTECTION FROM SHORT SELLING CARRIED OUT BY SECURITIES BROKERS

2024-03-20T21:27:29+07:00

Domestic investors in the capital market until the end of July 2023 reached 11.4 million, and the increase in investors is seen as a positive development. However, on the other hand, Verdi Ikhwan, Head of the Research Division at the Indonesia Stock Exchange (IDX), stated that the level of capital market literacy has decreased from 4.92% to 4.11%. Meanwhile, inclusion has increased from 1.55% to 5.19%. It was also found that the Indonesia Stock Exchange (IDX) imposed sanctions on two securities for conducting short selling transactions without the exchange's approval. These two securities are PT Reliance Sekuritas Indonesia Tbk. (RELI) and PT Valbury Sekuritas Indonesia. The literacy level significantly influences the choices of novice investors in their activities in the capital market, particularly those who use brokers in stock trading. In this research, two problem formulations are posed: "What are the Capital Market Crimes in Indonesia?" and "How is the Protection for Novice Investors Against Short Selling Conducted by Securities Brokers?" The research utilizes normative and descriptive-analytical research methods. The study concludes that prohibited capital market crimes according to the Capital Market Law (UUPM) include market manipulation, insider trading, front running, and short selling. The UUPM regulates prohibitions in the practice of capital market trading. It is essential to remember that these regulations align with the law's purpose of safeguarding public order established by official bodies

ANALYSIS OF DISMISSAL OF BANKRUPT NOTARY POSITIONS BASED ON NOTARY OFFICE LAW AND BANKRUPTCY LAW

2024-03-20T21:27:33+07:00

Many people believe that it cannot be justified to dismiss a Notary dishonorably just for reasons of bankruptcy, as determined by the Court. If we look closely of Article 12 letter a of the Law on the Position of Notaries, it turns out that the meaning of this article is unclear. It is not clear whether the Notary was bankrupted in his personal capacity as an individual (natuurlijk person) or in his official function as a public official. The issues that will be discussed are the procedures for terminating the position of a bankrupt notary and whether the dismissal of the notary's position is in accordance with the principles of justice. The research methodology used is normative juridical research. The findings of this research indicate that a Notary who is declared bankrupt can be temporarily dismissed from his position as intended in Article 9 paragraph (1) letter a. Furthermore, if the bankruptcy statement has permanent legal force, the Notary can be permanently dismissed from his position by the Minister, on the recommendation of the Supervisory Board of the Central Supervisory Board, as intended in Article 12 letter a of Law Number 2 of 2014 concerning the Position of Notaries. The Bankruptcy Law does not explicitly regulate the role of Notaries. However, it can be concluded that persons subject to the regulations outlined in the Bankruptcy Law are limited to legal incompetence and are not permitted to exercise control over their assets.

AKAD MURABAHAH AND IJARAH AND THEIR APPLICATION IN ISLAMIC FINANCIAL INSTITUTIONS

2024-03-20T21:27:26+07:00

The increase in people's needs is hampered by busyness and inability to meet their needs so that people need alternatives to help them fulfill their needs. Sharia Financial Institutions (LKS) have emerged as an alternative for people to meet their needs. The main product that LKS offers to the public is murabahah because there is little risk in its application. However, the murabahah application has caused a lot of criticism among the public. Islamic banks are often referred to as "murabahah banks" because murabahah and ijarah dominate and modifications to the murabahah and ijarah applications are considered the same as transactions at conventional banks. This study is a literature review with deductive analysis, namely the author analyzes from general to specific so that conclusions can be drawn. The results of this research conclude that the murabahah application in sharia banking makes sharia banks as fund providers, not sellers. The murabahah and ijarah contracts in classical jurisprudence have also undergone many modifications. These modifications to the murabahah and ijarah contracts have given rise to criticism among the public. Modifications to the murabahah contract include the murabahah contract which binds the customer before the bank has the goods the customer wants, giving rise to bai' ma'dum, murabahah lil amri bi al-syira' which is considered haram by some scholars because it is a loophole for usury, and murabahah bil wakalah which is legally permissible.

DIGITAL RESOLUTION IN JUDICIAL LAW: IMPLEMENTATION OF THE E-COURT SYSTEM AT THE RELIGIOUS COURT OF PEMALANG

2024-03-20T21:27:22+07:00

This study discusses how the performance of programs implemented by the Industry and Trade Office of Central Java Province related to the development of small and medium trade in Semarang City. The program is designed to address the problems of MSMEs in Semarang. In this study using research design, namely descriptive qualitative research methods. The source of this research data was obtained through two sources, namely primary data and secondary data where primary data was obtained by making observations. Conclusion this research is an effort to develop small and medium trade (MSMEs) in Semarang City, programs carried out by the Industry and Trade Office of Central Java Province have contributed to overcoming problems faced by MSMEs, such as marketing, capital, and human resources

DEVELOPMENT OF SMALL AND MEDIUM TRADE IN SEMARANG CITY (CASE STUDY AT THE INDUSTRY AND TRADE OFFICE OF CENTRAL JAVA PROVINCE IN THE FIELD OF TRADE)

2024-03-20T21:27:18+07:00

ACCOUNTABILITY OF INFLUENCERS CREATING ONLINE GAMBLING PROMOTIONAL CONTENT ON INSTAGRAM

2024-03-20T21:27:15+07:00

The prevalence of online gambling and internet media in the community is one of the negative effects. It is impossible to separate the role influencers play in promoting online gambling sites from the evolution of online gaming. In spite of the fact that it is expressly forbidden to promote online gambling in Law No. 19 of 2016 concerning Electronic Information and Transactions and its amendments (particularly in Article 27 paragraph (2) and Article 45 paragraph (2)). This research aims to ascertain the extent of influencers' responsibility for endorsing online gambling as well as their participation in its promotion. The normative juridical approach is the research methodology used. According to the study's findings, influencers may play a more active role in the marketing of online gambling than merely acting as a promotional party. Influencers may take on the roles of uitlokker, medeplichig, plegen, doen plegen, or medeplegen. Influencer. An influencer must also be responsible for the content they promote. If the content is not in line with the rules, the influencer may receive penalties that can be based on Instagram's terms of use such as account termination or even deletion and based on laws such as imprisonment and fines.

THE DEVELOPMENT OF SHARIA ECONOMIC LAW IN THE CONSTELLATION OF INDONESIAN NATIONAL LAW

2024-03-20T21:27:12+07:00

Islamic law is a living law that operates in the midst of society. Thus, Islamic law is a law that cannot be separated from Indonesian society, to build an economic system that is in accordance with existing norms and traditions. Starting in the 1940s and decades later, the concept of Sharia Economic Law began to emerge in various countries. The very high growth of sharia economic practices, sharia economic law legislation in Indonesia was born as a logical consequence of the dialogue and intersection of Islamic teachings with the social environment. Therefore, the formulation, characteristics and expression of sharia economic law legislation is realized by the diversity of local values (local policies) that surround the growth of sharia economic law. The historical development of sharia economic law legislation in Indonesia displays a dynamic character that is uniquely Indonesian. Socio-political and cultural values are important elements that influence the pace and direction of sharia economic law legislation in Indonesia. This article proves that Islamic economic law has appeared as a sub-system in the Indonesian national legal order with the birth of various instruments in the formation of laws. . law, as Indonesian national law.

EMERGENCY CONSTITUTIONAL LAW BASED ON LAW NUMBER 23 PRP OF 1959 ON THE STATE OF DANGER

2024-03-20T21:27:08+07:00

Emergency Constitutional Law is Constitutional Law that applies in a state of emergency or Constitutional Law that applies when the State is in a state of emergency. Emergency Constitutional Law is part of ordinary Constitutional Law but contains special norms. Specific norms in the Emergency Constitutional Law are limited in their application only in abnormal circumstance normative juridical method. The nature of this research is descriptive, namely research intended to provide a clearer picture and apply the existing reality in clear and systematic detail regarding the main research problem. Implementation of Emergency Constitutional Law Based on Law Number 23 Prp of 1959 concerning Dangerous Conditions, namely that regional governments have not yet been maximally involved, the existence and position of regional governments is very important and is an important pillar that supports the continuity of the implementation of the power of the government of the Unitary State of the Republic of Indonesia, apparently in The emergency authority it has not yet parallel to its very important existence and position. Regional governments do not yet have maximum and meaningful authority to activ, take decisions or take the initiative to make important and basic policies to overcome emergencies at the regional level.

ANALYSIS OF THE EFFECT OF DSN-MUI FATWA NO. 83 OF 2023 ON PEOPLE'S CONSUMPTION PATTERNS IN PADANG CITY

2024-03-20T21:27:04+07:00

About how the effects of the release of Fatwa DSN-MUI No. 83 in 2023 to the people of the plains city that occurred in the field of response of the people prefer to follow the rules and the people also changed consumption patterns from those who intially used common produtcs to switch equipment to other such research and natural observastion. From the data already collected on how fatwa rules have been released one people’s consumption patterns it has been evident that some of the data gathered there are 97 of the 100 people from the country’s population that are gathered in that people agree that people support and they change their consumption patterns by switching to other inexpensive and accessible products but not impossible. There are only a number of responses and societies disapprove of the fatwa because it is not given a description of alternatif solutions or pathways to replace products or brand that are used in everyday public consumption.

MEANINGFUL PARTICIPATION AS A GUARANTEE OF CITIZENS CONSTITUTIONAL RIGHTS IN THE FORMATION OF LAWS AND REGULATIONS

2024-03-20T21:27:00+07:00

The application of the principles and doctrine of meaningful participation is currently considered not to meet the needs of society. This is indicated by the dissatisfaction of several parties who are trying to submit a Judicial Review through a judicial review. The purpose of this article is to find out the application of the principles and concepts of Legislative Formation and meaningful participation in the Formation of Legislation. This research uses a normative juridical research type, with three approaches used, a statutory approach, a conceptual approach and a case approach. The results of this research show that the formation of good laws and regulations must fulfill concepts that are in accordance with the concept of the Pancasila rule of law. The principle of openness is the basis for ensuring legal protection for all levels of society, as well as the community having the opportunity to contribute to the formation of legal regulations. In essence, community participation (meaningful participation) can be understood as input or suggestions for the formation of laws.