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Articles 91 - 120 of 543
Full-Text Articles in Commercial Law
Kepastian Hukum Perjanjian Penanggungan Pribadi (Borgtocht) Secara Di Bawah Tangan Terkait Harta Bersama Perkawinan (Studi Putusan Pengadilan Tinggi Samarinda Nomor 173/Pdt/2020/Pt Smr), Indri Septiani, Fernando M. Manullang, I Made Pria Dharsana
Kepastian Hukum Perjanjian Penanggungan Pribadi (Borgtocht) Secara Di Bawah Tangan Terkait Harta Bersama Perkawinan (Studi Putusan Pengadilan Tinggi Samarinda Nomor 173/Pdt/2020/Pt Smr), Indri Septiani, Fernando M. Manullang, I Made Pria Dharsana
Indonesian Notary
Personal Guarantee (borgtocht) which privately made deed without the consent of parther or wife, it supposed to be not ask for full coverage. The need for borgtocht in a debt just for additional (accesoir) not primary, will not exist and will always exist as long as the main agreement is still in effect. The additional guarantee will not always ask for borgtocht, it is also possible tto provide other material guarantee such as fiduciary, pledge, or mortgage. However, PT DPK as a creditor, a non-company, or a financial institution, cannot ask for additional collateral in the form of material guarantees. …
Makna Hukum Atas “Kelalaian” Notaris/Ppat Dalam Pembuatan Akta Ppjb Dan Ajb (Studi Putusan Pengadilan Negeri Bantul Nomor 5/Pdt.G/2023/Pn Btl), Graceilla Ribka Berliana Tuelah, Yuli Indrawati, Sri Widyawati
Makna Hukum Atas “Kelalaian” Notaris/Ppat Dalam Pembuatan Akta Ppjb Dan Ajb (Studi Putusan Pengadilan Negeri Bantul Nomor 5/Pdt.G/2023/Pn Btl), Graceilla Ribka Berliana Tuelah, Yuli Indrawati, Sri Widyawati
Indonesian Notary
Notaries and Land Deed Officials are obligated to follow established principles in their official duties, guided by written regulations such as the Notary Job Law, Notary Code of Ethics, Government Regulation Number 24 of 2016, and Ministerial Regulation Number 2 of 2018. Notaries are often accused of negligence, interpreted as unintentional, but not all cases involve unintentional actions; intentional elements can lead to wrongful acts. The lack of differentiation in legal sanctions between unintentionality and intentionality is due to the Civil Code. To address this issue, a doctrinal research method was employed, focusing on positive legal norms from secondary sources. …
Urgensi Keberadaan Pejabat Pembuat Akta Tanah Sementara Di Kabupaten Tangerang Ditinjau Dari Kompetensi Yang Dimiliki, Gabriel Amagadela, R. Ismala Dewi, Fx. Arsin Lukman
Urgensi Keberadaan Pejabat Pembuat Akta Tanah Sementara Di Kabupaten Tangerang Ditinjau Dari Kompetensi Yang Dimiliki, Gabriel Amagadela, R. Ismala Dewi, Fx. Arsin Lukman
Indonesian Notary
Temporary PPAT is an automatically appointed position of a Sub-District Head to carry out the duties of a PPAT in making deeds in the area of his Government position if there are not enough PPATs in the area. The difference in competence with a Notarial PPAT makes the quality of Temporary PPAT questionable. The fulfillment of the formation of a PPAT in an area is also not a consideration in the appointment of a Temporary PPAT, as is the case in Tangerang Regency. This is the subject matter of this research, namely the comparison of the competencies possessed by Temporary …
Kedudukan Kuasa Direksi Dan Dewan Komisaris Dalam Menghadiri Rups Luar Biasa Dengan Agenda Pemberhentian Direksi Dan Dewan Komisaris (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 1787 K/Pdt/2021), Ghia Riezna, Sri Laksmi Anindita, Tjhong Sendrawan
Kedudukan Kuasa Direksi Dan Dewan Komisaris Dalam Menghadiri Rups Luar Biasa Dengan Agenda Pemberhentian Direksi Dan Dewan Komisaris (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 1787 K/Pdt/2021), Ghia Riezna, Sri Laksmi Anindita, Tjhong Sendrawan
Indonesian Notary
The Board of Directors and Commissioners in applying the principle of fiduciary duty should have good faith, be careful and full of responsibility in carrying out their obligations. In the dismissal of the Board of Directors and the Board of Commissioners as organs of PT that have a sense of responsibility, the nature of self-defense for their dismissal should be carried out personally without being authorized. This research aims to analyze the position of the power of attorney of the Board of Directors and Commissioners in attending the GMS with the agenda of dismissal of the Board of Directors and …
Keabsahan Perjanjian Novasi Subjektif Pasif Dalam Peralihan Kredit Pemilikan Rumah Di Bawah Tangan (Studi Putusan Nomor 17/Pdt.G/2020/Pn. Bks), Friska Elisabeth, Muhammad Sofyan Pulungan, Enny Koeswarni
Keabsahan Perjanjian Novasi Subjektif Pasif Dalam Peralihan Kredit Pemilikan Rumah Di Bawah Tangan (Studi Putusan Nomor 17/Pdt.G/2020/Pn. Bks), Friska Elisabeth, Muhammad Sofyan Pulungan, Enny Koeswarni
Indonesian Notary
The transfer of rights to land and house buildings must be proven clearly and in writing, which in principle must be carried out clearly and in cash. Likewise, with the transfer of home ownership credit from the old debtor to the new debtor, this transfer needs to be carried out with the approval of the credit and involve an authorized official to make a proof of the transaction or transfer of ownership of land and buildings, regarding Verdict Number 17/Pdt.G/2020/PN.Bks. In this case Notary and/or PPAT (Land Deed Official) as an authorized official to make deeds related to land. This …
Kedudukan Hukum Keberadaan Sertipikat Dalam Penyimpanan Notaris Terkait Pembuatan Akta Pengikatan Jual Beli (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 630/K/Pdt/2023), Ferisa Nurfauziyah, Lidwina Inge Nurtjahyo, Chairunnisa Said Selenggang
Kedudukan Hukum Keberadaan Sertipikat Dalam Penyimpanan Notaris Terkait Pembuatan Akta Pengikatan Jual Beli (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 630/K/Pdt/2023), Ferisa Nurfauziyah, Lidwina Inge Nurtjahyo, Chairunnisa Said Selenggang
Indonesian Notary
In the sale and purchase process related to land that has not fulfilled the sale and purchase requirements, a deed of sale and purchase binding will be carried out first. The agreement is carried out so that when the sale and purchase requirements have been met, a sale and purchase agreement can be carried out before an authorized official. In the case of important documents related to the sale and purchase process, they must be kept by a notary until the party entitled to the document knows, one of these important documents is the land title certificate. In the case …
Akibat Hukum Akta Pernyataan Keputusan Rapat Dari Rapat Umum Pemegang Saham Luar Biasa Yang Diselenggarakan Oleh Dewan Komisaris Yang Telah Berakhir Masa Jabatannya (Studi Putusan Nomor 2630 K/Pdt/2022), Fauzan Rahmat Ananda, Arman Nefi
Akibat Hukum Akta Pernyataan Keputusan Rapat Dari Rapat Umum Pemegang Saham Luar Biasa Yang Diselenggarakan Oleh Dewan Komisaris Yang Telah Berakhir Masa Jabatannya (Studi Putusan Nomor 2630 K/Pdt/2022), Fauzan Rahmat Ananda, Arman Nefi
Indonesian Notary
This article analyzes the validity of the Extraordinary General Meeting of Shareholders (EGMS) held by the Company's Board of Commissioners (BoC) whose term of office has expired, as well as legal consequences of Deed Statement of Meeting Decisions (PKR) made based on the EGMS. The problem is, the Notary that make PKR Deed based on EGMS did not check the Company's Articles of Association (CAA) first before make it, considering that the term of office BoC PT KSE which held the EGMS had ended. This article was using doctrinal research methods. The results show the EGMS held by BoC PT …
Keberlakuan Eigendom Verponding Pada Tanah Negara Yang Penguasaan Fisiknya Dikuasai Oleh Penggarap (Studi Putusan Peninjauan Kembali Nomor 109 Pk/Pdt/2022), Farah Diba Maharani, Teddy Anggoro
Keberlakuan Eigendom Verponding Pada Tanah Negara Yang Penguasaan Fisiknya Dikuasai Oleh Penggarap (Studi Putusan Peninjauan Kembali Nomor 109 Pk/Pdt/2022), Farah Diba Maharani, Teddy Anggoro
Indonesian Notary
The implementation of Eigendom Verponding in Indonesia is still the cause of many land disputes related to conversion activities based on rights based on eigendom. In this doctrinal research, secondary data is used which comes from laws and regulations relating to land. This research analyzes the legal status of land ownership on the basis of Eigendom Verponding which has not been converted and has become land under state control and is physically controlled by the cultivator and examines the judge's decision in decision number 109 PK/Pdt/2022 regarding the evidence in the civil case. Based on the research results, it was …
Pemberian Hak Pakai Pada Tanah Girik Berdasarkan Perspektif Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (Studi Putusan Pn Jakarta Barat No 386/Pdt.G/2019/Pn.Jkt.Brt), Fauzan Aziman Alhamidy, Yuli Indrawati
Pemberian Hak Pakai Pada Tanah Girik Berdasarkan Perspektif Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (Studi Putusan Pn Jakarta Barat No 386/Pdt.G/2019/Pn.Jkt.Brt), Fauzan Aziman Alhamidy, Yuli Indrawati
Indonesian Notary
A land title certificate is a strong proof of land ownership. After the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations, proof of land ownership in Indonesia must be registered in order to obtain a certificate. Girik is only proof of payment of tax on land, not proof of ownership of land rights. To become proof of ownership of the Girik land, it must first be upgraded to a land title certificate. Girik that is not upgraded has the potential for ownership disputes, as happened in the case in the West Jakarta District Court Decision Number …
Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa, Hendriani Parwitasari, Aristo Pangaribuan
Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa, Hendriani Parwitasari, Aristo Pangaribuan
Indonesian Notary
State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …
Kewajiban Notaris Atas Rahasia Jabatan Berkaitan Dengan Laporan Perpajakan (Analisis Kasus Notaris X Di Buleleng, Bali), Eveline Wijaya, Siti Hajati Hoesin, Pieter Everhardus Latumeten
Kewajiban Notaris Atas Rahasia Jabatan Berkaitan Dengan Laporan Perpajakan (Analisis Kasus Notaris X Di Buleleng, Bali), Eveline Wijaya, Siti Hajati Hoesin, Pieter Everhardus Latumeten
Indonesian Notary
Notaries are obliged to maintain the deeds they make because of the existence of official secrets. Notaries are also one of the taxpayers who must fulfill all their obligations in terms of taxation, namely in paying and reporting their taxes in the form of an Annual Tax Return. This study analyzes the obligations of notaries in relation to the secret of office in connection with tax reporting to the tax service office in 2013-2016. This research uses doctrinal research methods in terms of descriptive analysis. The results of the study that the Notary is obliged to maintain the secrets of …
Kesesuaian Ketentuan Pemilik Manfaat Dengan Undang- Undang Yayasan, Elizabeth Michelle Fong, Ashoya Ratam, Rouli Anita Velentina
Kesesuaian Ketentuan Pemilik Manfaat Dengan Undang- Undang Yayasan, Elizabeth Michelle Fong, Ashoya Ratam, Rouli Anita Velentina
Indonesian Notary
There is a discrepancy in Foundation Law Number 28 of 2004 and Presidential Regulation No.13/2018 concerning the Application of the Principle of Benefits from Corporations in the Context of Preventing and Eradicating Crimes of Money Laundering and Terrorism Financing Crimes. Looking at the provisions in the Foundation Law which states that Foundation Organs may not receive profits, temporarily Beneficial Owner itself aims to identify the Beneficial Owner of the Foundation, this is of course contradictory because Foundation Organs are not allowed to receive any benefits. The research method used is doctrinal research with a prescriptive research typology, which is research …
Pertanggungjawaban Jaminan Perorangan (Personal Guarantee) Dalam Kepailitan: Studi Kasus Putusan Nomor 6/Pdt.Sus-Pailit/2020/Pn.Niaga.Jkt.Pst., Yasmin Ghaisani Sya'bina, Togi Marolop Pangaribuan
Pertanggungjawaban Jaminan Perorangan (Personal Guarantee) Dalam Kepailitan: Studi Kasus Putusan Nomor 6/Pdt.Sus-Pailit/2020/Pn.Niaga.Jkt.Pst., Yasmin Ghaisani Sya'bina, Togi Marolop Pangaribuan
Lex Patrimonium
Agreement as a personal guarantee places oneself in a quite risky position. As regulated in Article 1820 of the Civil Code, a personal guarantee is obligated to pay off the debts of a debtor who fails to pay their debts. However, in carrying out the agreement, a personal guarantee is given a privilege based on Article 1831 of the Civil Code in the form of the right to demand execution of the principal’s beforehand. Furthermore, Article 1832 paragraph (1) of the Civil Code which regulates the relinquishment of personal guarantee’s privilege indicated the possibility of personal guarantee being …
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
Indonesia Law Review
The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …
The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment, Airlangga Surya Nagara, Elisabeth Ayu Puspita Adi
The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment, Airlangga Surya Nagara, Elisabeth Ayu Puspita Adi
Indonesia Law Review
This Cases of sexual violence are rife, including in universities. Data compiled by Komnas Perempuan shows that during 2015-2021, out of 67 reported cases of sexual violence against women, 35 cases occurred in universities. To overcome this, the government has issued the PPKS Permendikbud, and the TPKS Law. In fact, the existence of these regulations has not had a significant impact. It is proven that in 2022, there were 49 reports of sexual violence in universities received by the Ministry of Education and Culture's PPKS Working Group. Even as of May 2023, reports regarding sexual violence in universities are still …
The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia
The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia
Indonesia Law Review
This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Indonesia Law Review
Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …
Initial Public Offering: Perlindungan Hukum Pemegang Saham Minoritas Dan Pengaruh Terhadap Kinerja Perusahaan, Alifia Jasmine, Azmi Yasmine, Nurul Hulwanita Sharfina, Aisyah Hanifah Fathhurrohmah
Initial Public Offering: Perlindungan Hukum Pemegang Saham Minoritas Dan Pengaruh Terhadap Kinerja Perusahaan, Alifia Jasmine, Azmi Yasmine, Nurul Hulwanita Sharfina, Aisyah Hanifah Fathhurrohmah
Jurnal Hukum & Pembangunan
This research discusses Initial Public Offerings: Legal Protection of Minority Shareholders and Its Influence on Company Performance. This research aims to provide knowledge to the public regarding legal protection for minority shareholders and its influence on company performance from a national legal perspective. This type of research is normative research with the research approach used is a legal and conceptual approach. The research results show that: (1) The process of attracting investors to invest their capital cannot be separated from good regulations and legal certainty. Basically there are 2 (two) types of capital investment, namely direct investment and capital investment. …
Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen
Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen
Indonesia Law Review
The law on intellectual property in general and copyright, in particular, is a subject of increasing interest in today's society, particularly in the information and internet explosion era. To prevent infringement and effectively protect copyright in the online environment, Vietnam's copyright law contains numerous provisions, including regulations pertaining to service provider responsibilities. This article examines the international and domestic legal bases for the liability of social network service providers (a type of internet-based intermediary service) in the fight against harmful copyright violations by the users of the service. Thus, the authors will identify several deficiencies in the existing Vietnamese copyright …
The Concept Of Legal Subject Competence In The Authority To Act On Marriage Law In Indonesia, Imelda Martinelli, F.X. Joko Priyono, Yunanto Yunanto
The Concept Of Legal Subject Competence In The Authority To Act On Marriage Law In Indonesia, Imelda Martinelli, F.X. Joko Priyono, Yunanto Yunanto
Indonesia Law Review
This article focuses on discussing legal politics related to one important issue which is very basic, namely regarding the criteria for the ability to act of a human being as a legal subject within the scope of civil law, especially marriage law regarding the minimum age limit for entering into a marriage, who come from backgrounds with different interests and ideologies, make this an issue that can be highlighted. So the problem in this paper becomes whether there is a concept regarding the legal subject's competence in the authority to act on marriage law in Indonesia that accommodates the law …
Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas
Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas
Indonesia Law Review
Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also …
Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti
Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti
Indonesia Law Review
This study examines”Restorative”Justice in the settlement of sexual violence crimes. The research method used in this study is normative juridical, using a statute approach. The aim of this research is to determine the effectiveness of Restorative Justice in resolving the problems of cases of sexual violence that have occurred in Indonesia. The results of this study include that Restorative Justice is not effectively applied to cases of sexual violence because it cannot fulfill”the principles of respect for human”dignity, nondiscrimination, the best interests of the victim, justice, benefit and legal certainty for the victim as stipulated in the Law, Constitution Number …
Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa
Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa
Indonesia Law Review
This study aims to investigate the implementation of insurance laws and policies in Indonesia in the context of natural disaster risks. The study will analyse the effectiveness of existing insurance regulations and their practical implications through a comprehensive analysis of relevant literature, legal frameworks, and empirical data. The study will employ a mixed-methods approach, combining qualitative data with policyholders and insurance professionals, as well as quantitative data analysis from insurance industry reports. The findings will contribute to a better understanding of the strengths and weaknesses of the current insurance framework, shedding light on potential areas for improvement. This study seeks …
Penanaman Modal Asing Di Ibu Kota Nusantara Melalui Skema Kerja Sama Pemerintah Dengan Badan Usaha, Riki Taufik Rakhmani
Penanaman Modal Asing Di Ibu Kota Nusantara Melalui Skema Kerja Sama Pemerintah Dengan Badan Usaha, Riki Taufik Rakhmani
Jurnal Hukum & Pembangunan
One of the sources of funding for the development of Ibu Kota Nusantara is through the Public-Private Partnership (PPP) scheme. From the private sector's perspective, the PPP scheme provides access, particularly for foreign investors, to participate in providing infrastructure for the public's benefit. In order to attract foreign investors to participate in PPP for Ibu Kota Nusantara, the government can provide support, including transaction preparation and implementation facilities, feasibility support, tax incentives, government guarantees, and/or the use of state-owned assets. Guarantee for infrastructure provision through PPP is given against infrastructure risks caused by factors determined in the Minister of Finance …
Negara Dan Monopoli Alamiah Serta Perkembangan Di Indonesia, Teddy Anggoro
Negara Dan Monopoli Alamiah Serta Perkembangan Di Indonesia, Teddy Anggoro
Jurnal Hukum & Pembangunan
Natural monopoly is a controversial theory to be developed or implemented in today's world. It is important to note that every time an economic crisis hits the world, at that time natural monopoly loses its popularity, because it is the party to blame for the economic crisis that occurs, especially if the natural monopoly is held by State-Owned Enterprises (BUMN). Indonesia is one of the countries that through the BUMN Law prohibits natural monopoly on certain industries to be applied. This becomes important to study considering that natural monopoly itself is a way to achieve efficiency, such as the goal …
Kompetensi Mutlak Badan Penyelesaian Sengketa Konsumen Dalam Sengketa Lelang Barang Gadai: Studi Putusan Nomor 16 Pk/Pdt.Sus-Bpsk/2020, Barus Mario Ari Leonard, Sri Laksmi Anindita
Kompetensi Mutlak Badan Penyelesaian Sengketa Konsumen Dalam Sengketa Lelang Barang Gadai: Studi Putusan Nomor 16 Pk/Pdt.Sus-Bpsk/2020, Barus Mario Ari Leonard, Sri Laksmi Anindita
Jurnal Hukum & Pembangunan
The authority of Consumer Dispute Settlement Agency (BPSK) in settling consumer dispute is regulated in a limited cause. In the Verdict No. 16 PK/Pdt.Sus-BPSK/2020, Judges verdict that BPSK has no authority in giving verdict for settling dispute between pawn giver and pawn taker in the case of pawn auction. This happen though the verdict of BPSK has been approved by Judges of first degree court and appellate court. The verdict was analyzed in this writing with the qualitative method. BPSK is alternative dispute resolution board between consumer and business industry. Agreement with pawn company and pawn giver was mainly debt …
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Indonesia Law Review
Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …
Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman
Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman
Indonesia Law Review
Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
Indonesia Law Review
The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
Indonesia Law Review
The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …