Jurnal Hukum Adigama

KEABSAHAN TINDAKAN MENURUNKAN STATUS PERKARA PENYIDIKAN OLEH POLDA BANGKA BELITUNG TERHADAP LAPORAN POLISI NOMOR: LP/3388/VII/2016/PMJ/DITRESKRIMSUS

Rio Kurniawan — 2023-01-18

Criminal procedural law regulates the proceedings with all existing authorities in accordance with written procedures, this is in accordance with lex scripta which means that everything carried out in the investigation and investigation process must be in accordance with the Regulation of the Head of the Indonesian National Police Number 6 of 2019 in article t. -10 regarding the process of investigating criminal acts. This raises in the discussion of this research case, which has a problem regarding how the validity of the act of reducing the status of the investigation case to an investigation by the Bangka Belitung Police against Police Report Number: LP 3388/VII/2016/PMJ/DITRESKRIMSUS? This study uses a deductive research method that relies on theories as a research tool in presenting the results of the analysis in the form of a qualitative descriptive objective assessment in order to answer the problems in the research. The results of the study indicate that the act of delegating is legally valid based on Presidential Regulation Number 52 of 2010 concerning Organizational Structure and State Work Procedures of the Republic of Indonesia accompanied by opinions and quotes collected from experts in criminal procedural law, it can be said that Polda Metro Jaya and Polda Bangka Belitung have equal authority and rights to carry out an investigation/investigation of a criminal case, so the views and decisions of each investigation must be carried out.

PEMBUKTIAN TERHADAP TINDAK PIDANA PENGHINAAN DALAM KONTEN YOUTUBE PADA PUTUSAN PENGADILAN JAKARTA SELATAN (STUDI KASUS PUTUSAN NOMOR 1327/PID.SUS/2019/PN JKT.SEL)

Rizky Setiawan — 2023-01-18

The use of Youtube social media is often misused or unwittingly the content uploaded contains criminal acts. As in the case of "salted fish" Decision Number 1327/Pid.Sus/2019/Pn Jkt.Sel which contains elements of humiliation. The problem arises, how is the application of evidence against criminal acts of humiliation through Youtube social media in the case of decision Number 1327/Pid.Sus/2019/Pn Jkt.Sel? The normative juridical research method uses deductive data analysis techniques. The application of evidence still refers to Article 184 of the Criminal Procedure Code. The evidence submitted was the testimony of witnesses including victim witnesses, information from ITE experts and criminal law experts, as well as statements from the defendants. For evidence, namely electronic devices and print outs. The indictment of Article 27 paragraph (1) the prosecutor could not prove a violation of decency so that the judge chose the primary alternative indictment Article 27 paragraph (3) was proven as a criminal offense and the perpetrators were qualified as "people who participated in the act" (medepleger). The government and the legislature need to revise the ITE Law because there are many articles that have multiple interpretations.

PENERAPAN JUSTICE COLLABORATOR PADA TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 770/Pid.Sus/2020/PN Jkt.Utr)

Anggi Octavelia Putri N — 2023-01-18

Basically Justice Collaborator is a term in the criminal justice process in Indonesia which is a convict who cooperates with law enforcement to uncover a certain crime. One of the rarities that can be used in implementing effectiveness to eradicate organized crime networks is to use assistance from perpetrators who are insiders, and are directly involved in crimes that have been committed together with other perpetrators, especially narcotics criminals. With the presence of the Justice Collaborator, it is very important to uncover a narcotics crime case in Indonesia. This research is normative research. The research specifications used are prescriptive. The result of this study is that there is no application of reducing the prison term to the defendant Farida als Ida bint Abdul Rojak who has the status of a Justice Collaborator which is a reduction in the detention period is one of the rights that the defendant should be able to obtain. It was concluded that the application of the Justice Collaborator setting to the North Jakarta District Court Decision Number 770/Pid.Sus/2020/PN Jkt.Utr in the decision the application of the Justice Collaborator was not in accordance with the Justice Collaborator setting that had been stipulated in the United Nations Convention Against Corruption (UNCAC). ) 2003 which has been ratified by Indonesia with Law no. 7 of 2006, Article 37 paragraph (2), SEMA No. 4 of 2011 point 9 letter c, because the defendant has been applied as a Justice Collaborator but there is no reduction in detention time.

PELAKSANAAN LELANG TANAH WARISAN OLEH KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (CONTOH KASUS PENETAPAN PENGADILAN AGAMA JAKARTA PUSAT NOMOR 003/PDT.EKS/2018/PAJP JO PENETAPAN PENGADILAN AGAMA JAKARTA PUSAT NOMOR 003/PDT.EKS/2017/PAJP JO PUTUSAN PENGADI

Degio Verell Seppkio — 2023-01-18

Auction is a way to make a sale by gathering several auction enthusiasts for the object being auctioned, then selling it by means of the interested person bidding in writing or verbally. Minister of Finance Regulation No. 27/PMK.06/2016 becomes the basis for conducting auctions in Indonesia. The implementation of the auction in the Decision of the Religious Court Number 003/Pdt.Eks/2018/PAJP in conjunction with the Decision of the Religious Court Number 003/Pdt.Eks/2017/PAJP in conjunction with the Decision of the Religious Court Number 015/Pdt.G/2014/PAJP becomes a question of how the house is possible which is still occupied can be auctioned without being known while the house is still occupied. In addition, the auction used is an execution auction, namely an auction that is carried out based on an existing decision and should be confiscated against the object that is the basis for the execution auction, and is controlled by the Religious Court in this case, but the object of the auction is still occupied by the heirs. In this study the author will further analyze the existing problems using normative research methods by examining secondary legal materials, documentation studies, and the analytical method used deductively by examining the existing problems by first looking for the major premise and the minor premise.

PROSES BALIK NAMA SERTIPIKAT DALAM JUAL BELI TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (STUDI KASUS PUTUSAN PENGADILAN NEGERI BULUKUMBA NOMOR 26/Pdt.G/2019/PN Blk)

David Oberlin Nugraha Saragih — 2023-01-18

Owning land, whether it's for residence or for business is a basic need. The validity as a land owner is proven by a certificate of ownership in the name of the owner. Land ownership can come from inheritance or purchase transactions. Purchase transactions should be carried out before a Notary/Land Deed Official in order to obtain a Sale and Purchase Deed. On the basis of the deed, the buyer can transfer the name of the land to the local Land Office in accordance with Government Regulation Number 24 of 1997 Article 37 which requires land registration. In purchase transactions, people often only go through private transactions so that the Sale and Purchase Deed is not obtained. This becomes a problem if the location of the seller or his heirs are not known so that the buyer cannot change the name of the certificate of ownership. To overcome this problem, there is a way that can be made, to file a lawsuit at the local District Court by attaching strong evidence and two witnesses. In the Bulukumba District Court Decision Number 26/Pdt.G/2019/PN Blk., the Panel of Judges granted the lawsuit with legal considerations, by examining all valid evidence, two witnesses who really knew the purchase transaction, conducting a local examination, and based on the laws and regulations. Based on the Court's Decision which grants the claim, the plaintiff can transfer the name of the certificate of ownership. This research uses normative and descriptive research.

ANALISIS YURIDIS TERHADAP UNSUR-UNSUR NOODWEER DALAM PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 162/PID.B/2021/PN.BDG

Meidiana Novriyanti — 2023-01-18

Polygamy is a form of marriage that is often problematic in society because it invites controversial views, this is because polygamy sometimes does not promise justice and prosperity for the life of the wife and children, especially if polygamy is allowed for reasons not stipulated in Islamic law or Marriage Law. This study discusses how the Bojonegoro Religious Court judges granted a polygamy permit application that was not in accordance with the provisions of the Marriage Law and KHI in the Court Verdict Number 342/PDT.G/2019/PA.BJN. The writer uses normative research using qualitative methods and the material was obtained from the literature study. The results of this study indicate that the granting of polygamy permits is based on alternative and cumulative requirements in Articles 4 and 5 of the Marriage Law. In addition, polygamy permits are also based on fairness to their wives. However, the reasons put forward in case Number: 342/PDT.G/2019/PA.BJN are not regulated in Article 4 Paragraph (2) of the Marriage Law of Jo. Article 57 of the KHI and can cause injustice to his wife and children in the future because there is no emergency situation found in the applicant's condition to be allowed to have polygamy.

Kebijakan Preventif Terhadap Tindak Pidana Korupsi Melalui Pendekatan Non-Penal

Bryant Montana — 2023-01-18

Handling corruption in the Republic of Indonesia is more appropriate to use non-penal policies or those that are more concerned or inclined to efforts to prevent corruption which are directed at reducing opportunities to commit criminal acts of corruption, such as the report on the assets of state administrators, hereinafter referred to as LHKPN by every state institution, either executive, legislature and judiciary both at the central and regional levels so that state administrators get supervision in terms of assets so that this can reduce the potential for committing criminal acts of corruption. So far it has not been effective, besides that non-penal facilities can also reduce the number of corruption in Indonesia, therefore one form of prevention that can be intensified by the KPK is socialization about the dangers of corruption or by using n monitor all forms of cooperation carried out by every state institution, by attending every signing of cooperation agreements so that all budgets or funds launched can be accounted for properly, because if anti-corruption socialization continues to be intensified, it is not impossible to clean up the republic. Indonesia is from a corruption case which is dominated by state administrators, who should provide a good example of living the life of a nation and state to the community.

TINJAUAN TERHADAP PENYELESAIAN SENGKETA INTERNASIONAL PADA PENETAPAN BATAS KAWASAN ANTAR NEGARA (STUDI KASUS SENGKETA WILAYAH AMBALAT ANTARA NEGARA INDONESIA DENGAN NEGARA MALAYSIA)

Melfa Yuliana Andi Padelang — 2023-01-18

The decision of the International Court of Justice in the cases of Sipadan and Ligitan Islands is to hand over the sovereignty of these to Malaysia. However, this decision only states the status of the island, not the status of the waters. Such a decision has created a new dispute, namely the dispute over maritime boundaries. The continental shelf boundary dispute occurred in 2005 due to Indonesia and Malaysia granting overlapping concessions to Unocal and Shell to explore the Ambalat Block. The problems formulated are how the provisions in UNCLOS 1982 to resolve maritime territorial disputes Indonesia and Malaysia in the Ambalat Block and the Sulawesi Sea after the decision of the International Court of Justice on the sovereignty of Sipadan Island and Ligitan. This study uses normative legal research whose approach is based on library materials or secondary data. The results showed that; First, the process of resolving territorial disputes (delimitation) in the Exclusive Economic Zone and the Continental Shelf through negotiation (Articles 74 and 83 of UNCLOS 1982). Second, the settlement of boundary disputes between the Exclusive Economic Zone and the Continental Shelf between Indonesia and Malaysia after the decision of the International Court of Justice on the sovereignty of Sipadan and Ligitan Islands needs to be followed up by the two countries, from the results of the study it appears that no agreement has been reached on this matter. However, both countries can submit disputes through mediation and or other dispute resolution facilities known in international law.

DAMPAK HUKUM AKIBAT KETERLAMBATAN PENYAMPAIAN KETERBUKAAN INFORMASI OLEH EMITEN (Studi Kasus: PLAS – PT Polaris Investama Tbk)

Gabriella Kurniawan — 2023-01-18

In the realm of capital markets where the issuer as a party offering its shares and the public being part of the shareholders , the public has the right to know how the issuer carries out operations ranging from information that is assembled with the issuer's business to management and financial statements on an issuer. The information provided to the public by an issuer greatly affects the selling power of the shares offered by the issuer so that it becomes a consideration for shareholders and potential investors who will invest in shares in the issuer, so that if the disclosure of issuer information as stipulated in Regulation I-E - Decree of the Board of Directors of the Indonesia Stock Exchange Number KEP-00066/BEI/09-2022 of 2022 Regarding Changes to Regulation Number I-E concerning the Obligation to Submit Information not being available to the public can be detrimental to shareholders and even bring legal consequences for the issuer itself as experienced by the Issuer PT Polaris Investama Tbk (PLAS) who trades shares on the Indonesia Stock Exchange Development Board. This research uses normative juridical research method with descriptive analytical research. The approach applied by the author is statute approach, conceptual approach, and case approach.

Position of Joint Assets in Marriages that Lead to Divorce (Decision Study No.419/Pdt.G/2021/Pn.Tng)

Andrew Giovanni Tanjaya — 2023-01-18

Marriage is a sacred and noble relationship intended for humans in terms of development to continue offspring and spend life with someone we love. Marriage in Indonesia is regulated in Law Number 1 of 1974 concerning Marriage and also the Civil Code. In marriage, assets that have been owned so far will indirectly become joint property since the marriage took place as long as there is no agreement regarding the separation of assets. This study uses a normative juridical method, namely legal research conducted by examining literature or secondary data as the basis for research. The data collection technique is by conducting a literature study of the Law and Decision No.419/Pdt.G/2021/Pn. Tng to find out how the position of joint assets collected during marriage becomes joint property like this when a divorce is in progress. the parties who control the joint property must voluntarily surrender the joint property based on the decision of the marriage agreement made or in accordance with the applicable decision, which can also be done by confiscating the marriage property by the bailiff.

STAGES OF LAND PROCUREMENT FOR PUBLIC INTEREST DEVELOPMENT (STUDY OF DECISION NO.227/PDT/G/2020/PN.MDN)

Cindy Situmeang — 2023-01-18

Land Procurement for the Implementation of Development in the Public Interest is one of the manifestations of the social function of land rights which has been mandated in Article 6 of the LoGA. appropriate compensation for the land rights without compromising the rights and sense of justice. This includes the interests of the government as well as justice for the rights of the people who are taken and also the public interest in using the facilities built by taking the land of the land owner with the power of his Land Rights. The research method used is a literature study that uses Court Decisions and primary & secondary sources of material as research support. The position of a person in a lawsuit complaint is also very important, in this case the judge's consideration is also needed in viewing a lawsuit, and also for the government, it must provide the right of compensation in kind. The results of this literature study research method state that land acquisition for development is in the public interest to uphold the basic principles of humanity and justice.

ANALISIS PUTUSAN BEBAS DALAM KASUS KEBAKARAN HUTAN OLEH PT KUMAI SENTOSA (STUDI KASUS PUTUSAN NOMOR 233/PID.B/LH/2020/PN.PBU)

Reyhan Raesandi — 2023-01-18

The State has obligation to maintain and utilize natural resources wisely and responsibly, besides, The State is also responsible for guaranteeing the right to a prosperous life born and inner, to reside, and to obtain a good and healthy living environment for its people, as stated in the 1945 Constitution of the Republic of Indonesia. Today, we still encounter environmental conditions that continue to experience destruction in almost all regions in Indonesia. Ministry of Environment and Forestry says, forest and land fires are still the biggest problem in environmental problems. However, one of the courts in Indonesia with Decision Number 233/Pid.B/LH/2020/Pn.Pbu has decided to acquit PT Kumai Sentosa for allegedly burning forest and land in Central Kalimantan. What was the judge’s reasoning on the case? Is the judge's decision in the case appropriate for the fulfillment of environmental protection efforts? The author examines the problem by using normative legal research methods. The research show that there’s an injustice in the decision, especially in the context of environmental protection efforts because the judge tends to be biased in deciding this case, as can be seen from the existence of several things that are ignored for consideration by the Panel of Judges. It is better if the court, which has an important role in fulfilling the environment, must be more careful in deciding cases related to the environment, because in this case the acquittal of PT Kumai Sentosa could set a bad precedent for environmental protection efforts in Indonesia’s future.

TINJAUAN YURIDIS TERHADAP TANGGUNG JAWAB PERBUATAN MELAWAN HUKUM OLEH KARYAWAN PT. DAVI ETANIA ABADI (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NO. 598/PDT.G/2020/PN.JKT.BRT)

Dave Chrysander — 2023-01-18

An unlawful act is not only one that goes against written rules but also one that goes against the legal obligations of the perpetrator as well as the subjective rights of others.This study's problem lies in the Civil Code's formulation of compensation for illegal acts and in the West Jakarta District Court's application of responsibility for illegal acts in Decision Number 598.Pdt.G/2020/PN.Jkt.Brt.By using statutory and case-based approaches to the literature review, normative legal research was used as the research method.The author's analysis of the findings of the research indicates that the Defendant committed an illegal act by stealing company funds.The plaintiff's condition was not restored to its original state, and the defendant's compensation was not nominally satisfied. When making their decision on Case Number, the Panel of Judges took these factors into account: 598/Pdt.G/2020/PNJkt.Brt.in this case, the Panel of Judges determined that the defendant had committed an illegal act by first stating the facts that can be obtained from the written evidence and witnesses submitted by the Plaintiff, which can be proven to be true that the plaintiff and the defendant have embezzled company money and resulted in a loss for the plaintiff.

Tinjauan Hak Eksklusif Atas Potret Yang Dipergunakan Secara Komersil Berdasarkan Undang-Undang Nomor 28 Tahun 2014

Helena Damai Ratih — 2023-01-18

Exclusive rights to commercial used portraits are a part of the copyright law that is regulated in Law Number 28 of 2014 on Copyright. According to Article 11 paragraph (1) of Law No. 28 of 2014, the creator or copyright owner is entitled to the exclusive right to announce or reproduce their creation, including the exclusive right to portraits used commercial. Exclusive rights to commercial used portraits are rights that give the creator or copyright owner the authority to regulate the use of the portrait by others. This is intended to prevent the use of portraits without the knowledge or consent of the creator or copyright owner. In addition, exclusive rights to commercial used portraits also give the creator or copyright owner the right to receive remuneration for the use of the portrait. The remuneration can be in the form of royalties or a sum of money that must be paid by the party using the portrait for commercial purposes. To prevent the use of portraits without the knowledge or consent of the creator or copyright owner, Law No. 28 of 2014 regulates violations of copyright. Article 31 paragraph (1) of Law No. 28 of 2014 states that anyone who intentionally or without rights announces or reproduces the work of others without the permission of the creator or copyright owner can be subject to criminal sanctions or fines.

Tuntutan Ganti Rugi Pemegang Saham Publik Akibat dari Manipulasi Pasar Ditinjau dari Hukum Pasar Modal (Studi Kasus PT Asuransi Jiwasraya (Persero))

Timmy Setiajaya — 2023-01-18

The Capital Market as one of the pillars of the national economy, has stakeholders from the wider community. This certainly affects the opening of potential law violations against the wider community. Market manipulation, as a form of capital market crime, is conceptually classified as actions carried out either directly or indirectly, which aim to provide false or misleading projections related to trading activities, market conditions, or stock prices on the Stock Exchange. This wide-open potential was proven in a concrete case, namely the PT Asuransi Jiwasraya (PT AJS) corruption case which caused losses to the state finances of IDR 16,400,000,000 (sixteen trillion four hundred million Rupiah), in which PT AJS deliberately committed manipulation of stock trading so that shares traded on the stock exchange increase significantly in a false and misleading projection. This stock trading manipulation is only a 'value on paper' whereas in reality, the company's performance and finances are getting worse. In the context of criminal liability, through Court Decision Number 34/Pid.Sus-TPK/2020/PN. Jkt. Pst., the Defendants have been legally and convincingly proven guilty of committing the crime of corruption. Even though the Defendants were criminally held accountable, in the context of losses to public shareholders, namely the general public who invested their wealth in PT AJS, they have not received compensation for losses due to these criminal acts. Therefore, this paper will discuss how to restore the rights of public shareholders in terms of claims for compensation against PT AJS based on national capital market law.

PENYELESAIAN KASUS SERTIFIKAT HAK ATAS TANAH CACAT HUKUM MENURUT HUKUM PERTANAHAN DI INDONESIA (Studi Kasus Putusan Nomor: 46/G/2019/PTUN-SRG)

Agnelia Andini — 2023-01-18

The plaintiff submits a measurement request to the defendant. However, at the location of the plaintiff's proposed land there have been four certificates of land rights issued by the defendant. The plaintiff filed a lawsuit against the four State Administrative Officer Decrees. Basically, the plaintiff and the previous land owner have never registered the land they own, so the land should not have been certified. The four certificates that were issued also had defects and were not based on the right basis of rights which according to Indonesian land law should not have been issued. This research is a type of descriptive normative research. Sources of data used are primary, secondary, and tertiary data. The results of this study indicate that the defendant was negligent and careless in carrying out the responsibilities as a public servant in issuing certificates of land rights, resulting in the issuance of certificates of land rights that were flawed. The Defendant is administratively and civilly responsible. The conclusion from this study is that the plaintiff was harmed by the defendant who was the party authorized to issue the certificate.

KEABSAHAN KONTRAK TANDA TANGAN ELEKTRONIK DALAM PERJANJIAN PENDANAAN P2P LENDING

Catherine Carisa Khovin — 2023-01-18

Peer-to-Peer Lending is now familiar to the public. Its ease of investing makes people not hesitate to try to invest with this service. In addition, the small risk of loss is also the reason many people try to invest through Peer-to-Peer Lending services. The increasing number of smartphone users makes people who are trying to invest in these services increase because the interest is also in Peer-to-Peer Lending Services more and more. The problem discussed in this study is how the legal force of electronic signatures in funding agreements (P2P Lending) in courts in the event of disputes in courts according to the Civil Procedure Law. The research was conducted using the literature study method with the statute approach method. Civil procedural law does not specifically regulate electronic evidence. Meanwhile, along with the development of technology, legal products are also updated or formed new ones. Although civil procedural law does not directly regulate electronic evidence, the expansion of such evidence is regulated in the Electronic Information and Transactions Law.

TANGGUNG JAWAB PELAKU USAHA SEBAGAI PENGANGKUT BARANG YANG OVER DIMENSION & OVERLOAD (ODOL) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN

Nicholas Rachmanata — 2023-01-18

Over Dimension and Over Load (ODOL) carried out by business actors always steals the government's attention considering that this is not only dangerous for road users, but also causes financial losses to the state. The aspect of state losses as a result of ODOL is damage to roads, forcing more budget to be spent to repair these damaged roads. Business actors in carrying out business activities bear the burden of responsibility to be able to provide benefits in all aspects and cannot be separated from the safety aspect for other road users. The phenomenon of ODOL that is attached to society encourages the government to enforce the law on aspects of the responsibilities of business actors so that through this research a descriptive analysis of UULLAJ is carried out using normative juridical research methods supported by data from interviews with relevant stakeholders. ODOL carried out by business actors is an unlawful act, one of which is caused by economic factors (supply and profit) in the goods distribution process carried out between consumers and business actors, forcing business actors to continue to carry out ODOL even though they already know the legal consequences. The regulation of ODOL in society is still not burdensome for the perpetrators, such as the amount of fines imposed is still relatively small and far from providing a deterrent effect, thus creating a legal culture of indifference in society. The state needs to carry out more supervision and law enforcement against business actors who practice ODOL.

KESESUAIAN PUTUSAN HAKIM DILIHAT BERDASARKAN SYARAT PERJANJIAN

Janice Vianney — 2023-01-18

As a rule of law, all behavior and behavior of society is regulated by law and law has the highest position in the state. The formation of these written regulations aims to regulate people's behavior in order to create order and legal certainty, where it is hoped that there will be no violation of the rights and obligations of everyone. The term regarding legal subjects comes from the Dutch language recht subject which is generally interpreted as supporting rights and obligations, namely humans and legal entities. In social activities, people (person) and legal entity (recht person) as legal subjects often intersect with agreements. It can be concluded that base on Article 1313 of the Civil Code, “An agreement is an act by which one person or more binds himself to one or more other people”. The purpose of the agreement is to meet the needs and gain profit. Based on the research results, it can be concluded that the purpose of an agreement is contained in the contents of the agreement itself. A new agreement can be said to be a valid agreement if it fulfills the requirements for the validity of the agreement set forth in Article 1320 of the Civil Code.

Perlindungan Konsumen Terhadap Transaksi Jual-Beli Voucher Game Online Menurut Undang-Undang nomor 8 Tahun 1999 Tentang Perlindungan Konsumen dan Undang-Undang Nomor 11 Tahun 2008 Tentang Transaksi Elektronik

Jason Samuel — 2023-01-18

Pandemic Covid-19 has made online game enthusiasts increase rapidly, so there is a great opportunity for businesses to buy and sell online game vouchers in Indonesia. Coupled with the government organizing official matches such as the E-Sports President's Cup which makes online game enthusiasts increase. The rapid development of technology has also made some parties take advantage of these technological advances for personal gain. In the process of buying and selling online game vouchers, there are several cases that are the subject of this scientific writing research. For this reason, it is necessary to study the violation of buying and selling online game vouchers that occurs from the perspective of the ITE Law and UUPK, as well as legal actions to regain the rights owned by consumers. The conclusion obtained is that consumers can make criminal complaints to the local resort police or consumers can make a report to BPSK or LPKSM. If you make a criminal complaint to the local resort police, it can be continued as a criminal offense, and if it is through BPSK or LPKSM, it can be resolved through arbitration or mediation.

KEDUDUKAN KREDITUR KONKUREN YANG MEMBATALKAN PERJANJIAN PERDAMAIAN MENURUT UNDANG - UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI PUTUSAN NOMOR: 02/PDT.SUS-PEMBATALAN PERDAMAIAN/2020/PN.NIAGA.JKT.PST jo. PUTUSAN MAHKAMAH AGUNG NOMOR: 963

Vincent Stanly — 2023-01-18

In Indonesia, Bankruptcy processes became very popular since the Monetary Crisis 1998 when the Rupiah exchange rate against USD decreased at that time. As a result, many debtors fail to pay creditor debts. In connection with that, the government issued a regulation regarding Bankruptcy and now it has been regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (PKPU). The Peace Agreement process in PKPU is a form of peace between the Debtor and the Creditor. The Peace Agreement that has been legalized (homologation) by the Court will be valid and legally binding. In the case of PT Harmas Jalesveva, the Developer has been late in carrying out its obligations in accordance with the agreed time limit in the Homologation agreement so that the Applicant in this case who is registered as Concurrent Creditor submits a cancellation of the Homologation agreement. With this case, the author will discuss the Position and Legal Consequences of Concurrent Creditors who cancel the Homologation agreement. The type of research used is normative juridical research. Collecting data in this research is through descriptive qualitative.

Perlindungan Pengguna Jasa Penitipan Hewan Peliharaan Terhadap Kelalaian Pelaku Usaha Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen

Gabriele Amelia Christie — 2023-01-18

Consumers get the protection which is regulated in Law Number 8 of 1999 concerning Consumer Protection. Article 7 letter A contains that business actors are obliged to have good faith will in carrying out their business activities related to the objective of establishing consumer protection, namely creating a quality business world. In fact, the goal of consumer protection has not been achieved optimally, because it can be seen that the high number of cases related to consumer protection as resulted in an imbalance between business actors and consumers. An imbalance occurred in the case of a dog named Maxi of the English Bulldog race who was injured and had to be operated on due to negligence caused by the business actor as animal care for consumers as users of animal care services. This case relates to consumer protection which caused the consumer to suffer losses and agreement that was violated by business actors causing negligence. The application of consumer protection that is not in line with Law Number 8 of 1999 concerning Consumer Protection creates problems. This research is normative legal research. The results of the research show that there are consumer rights that have been harmed and have not yet been fulfilled based on Law Number 8 of 1999 concerning Consumer Protection and that regulations are needed to support the protection of animal care.

KEPASTIAN DASAR HUKUM PEMIDANAAN PELAKU PENIMBUN OBAT COVID-19 DI INDONESIA

Deren Adi Chandra — 2023-01-18

The Covid-19 virus spread so widely that it was declared a pandemic in Indonesia, thus increasing the need for Covid-19 drugs when the Covid-19 drug was scarce on the market, it became difficult for people who needed the Covid-19 drug to cause drug prices to soar . This is used as an opportunity to buy drugs and make drug prices soar. The research method used is normative juridical research. The results of this study are that the Indonesian government has made efforts to create legal certainty for unscrupulous business actors who are not responsible because they have hoarded Covid-19 drugs which can already be classified as important items during a pandemic emergency, namely with the sanctions contained in the Trade Law, specifically in Article 107 juncto Article 29 paragraph (1). In an effort to overcome the hoarding of Covid-19 drugs, in addition to establishing laws and regulations related to the crime of hoarding, the Government of Indonesia has also issued a policy regarding the implementation of HET for several drugs intended for Covid-19 sufferers. In addition, the government is also cooperating with law enforcement officials in taking action against drug hoarders.

PERKAWINAN BEDA AGAMA DILIHAT DARI HUKUM POSITIF INDONESIA DAN ASAS ASAS HUKUM PERDATA INTERNASIONAL

Emerentia Nathawira — 2023-01-18

The legality of interfaith marriages, particularly between Indonesian citizens and foreigners, is the focus of this investigation. With the assistance of statutes and regulations, this study adopts a normative legal approach. In simple terms, Indonesian marriage must adhere to Article 2 jo. UU No. 56, as amended by Section 1 of 1974, which governs marriage. The analysis reveals that interfaith marriages are in violation of international private law and Indonesian positive law, so they cannot be annulled. There are a lot of steps that need to be taken, whether in Indonesia or elsewhere, to end a marriage. In this way the local area should know how dangerous interfaith marriage is, despite the fact that it has a high gamble, the local area just ganders at it with one eye. whether or not the marriage is valid. It is possible that the number of interfaith marriages will be lower than the percentage scale for this year because of the government's important role in early counseling on the dangers of interfaith marriage. One way for people to learn how to choose a partner correctly and marry in accordance with religious law is through counseling.

KAJIAN TERHADAP PELAKSANAAN SELF DECLARE SERTIFIKASI HALAL PADA PRODUK PANGAN BAGI KONSUMEN BERDASARKAN HUKUM POSITIF DI INDONESIA

Zahranissa Putri Faizal — 2023-01-18

“This study aims to find out (1) how the implementation self declare halal certification for food products for consumers based on positive law in Indonesia, and (2) what are the obstacles to implementation self declare halal certification. This research is descriptive with qualitative analysis techniques using data collection methods in the form of literature studies (library research). Since the enactment of the Job Creation Law, several provisions from the previous laws and regulations have been amended, added, and deleted. One of them is changing and adding several provisions in Law Number 33 of 2014 concerning Guarantees for Halal Products. In the Job Creation Law added an article in Law Number 33 of 2014 concerning Guarantees for Halal Products regarding the concept self declare halal certification for Micro and Small Enterprises (UMK) actors as stated in Article 48 point 1 of the Job Creation Law. Basically self-declaring halal certification aims to provide convenience for Micro, Small and Medium Enterprises (UMK) actors in terms of business establishment permits, one of which is to provide convenience in obtaining halal certification. However, based on the research results, it is known that there are still obstacles in implementing self-declare halal certification which causes legal uncertainty for consumers. The solution to overcoming existing obstacles is to optimize product supervision and conduct outreach evenly to all Micro and Small business actors.

RIGHTS OF FIXED-TERM EMPLOYMENT CONTRACT WORKERS IN A DISMISSAL (STUDY OF SUPREME COURT DECISION NUMBER 175 K/PDT.SUS-PHI/2020)

Vanessa Wijaya — 2023-01-18

Indonesia is listed as one of the most densely populated countries in the world. Hard competition in the world of work, low education levels and high population growth rates supported by minimal employment opportunities which are not followed by very rapid population growth rates are the background of the gap between human resources that meet company qualifications and job seekers. Trying their luck as a laborer/worker in the PKWT system is a step often taken by job seekers so as not to be unemployed and to make ends meet. As was the case with 2 (two) marketing workers at PT Sinarmas Multifinance Yogyakarta Branch, who worked with PKWT status. Declared that they did not reach their target, both of them had to swallow the bitter pill that they were 'kicked' from the company without getting the rights that both of them should have. However, as far as the research conducted by the author, the author found several irregularities that escaped the attention and consideration of the Panel of Judges. In this study, the authors will re-analyze the Yogyakarta District Court Decision No. 35/Pdt.Sus-PHI/2019/PN.Yyk. as a decision at the first level, Supreme Court Decision No. 175 K/Pdt.Sus-PHI/2020 as a decision at the cassation level, by applying the relevant laws and regulations as well as decisions from several similar cases.

INSPANNING VERBINTENIS DALAM TINDAKAN MEDIS YANG DIKATEGORIKAN SEBAGAI TINDAKAN MALPRAKTEK

Fayuthika Alifia Kirana Sumeru — 2023-01-18

Article 28 of the 1945 Constitution states that one of the rights that every human being must have is health. So that in its implementation it provides efforts in the form of health to the community through the provision of appropriate health services. However, medical actions performed by doctors can lead to 2 categories, namely: Inspanning Verbintenis (seek results) and Resultaat Verbintenis (promising results). Inspanning Verbintenis is an agreement or agreement to make maximum efforts in carrying out what has been agreed, while Resultaat Verbintenis is an agreement that will provide concrete results, namely in accordance with what has been agreed. It should be understood that before taking medical action, the patient has the right to know information about the medical action to be carried out which in this case has been regulated in the Regulation of the Minister of Health. It is known that the general public only knows the results, but the actions taken by doctors do not rule out the possibility of producing results that may not be in accordance with the patient's wishes. As well as medical actions that have been appropriate, but in fact cause reactions that may be referred to as malpractice actions due to the results of the reaction to the medical action given.

PERLINDUNGAN HUKUM TERHADAP JURNALIS DALAM MENULISKAN BERITA KEPADA MASYARAKAT SEBAGAI WUJUD KEBEBASAN BERPENDAPAT DAN KONTROL SOSIAL DITINJAU DARI UU PERS DAN UU ITE (Studi Kasus: 46/Pid.Sus/2021/PN.Plp.)

Vina Octavia — 2023-01-18

Freedom of the press is one manifestation of the mandate of Article 28F of the 1945 Constitution of the Republic of Indonesia which reflects the freedom to use various media in terms of seeking, obtaining, possessing, storing, processing and conveying information. In carrying out its functions, rights, obligations and roles, the press respects human rights, and must be professional and controlled by the community. Today, there is a phenomenon of press criminalization caused by journalistic products reported by parties who feel aggrieved. The research method used is normative juridical research. The results of this study are that legal protection for the press as a social institution and vehicle for mass communication that has freedom of expression and independence has been explicitly and surely accommodated in Article 8 of the Press Law. However, often this legal protection does not work as it should in social life. Journalistic products produced by the press and press companies should not be criminalized or brought into the realm of crime. Therefore, it is necessary to re-enforce the mechanism regarding settlements related to the press and adjustments to the Press Law and ITE Law must be made.

Pelaksanaan Hukum Terkait Pembajakan Hak Cipta Film Di Masa Pandemi Melalui Media Internet Menurut UU No. 28 Tentang Hak Cipta

Matthew Husada — 2023-01-18

The film is part of the copyright when the film is published, it will appear with exclusive rights, which consist of moral rights and economic rights. These two things cannot be separated from copyright. Because both rights are a gift for the hard work of the creator. However, even though there is a copyright in a film that has been protected by the state, piracy still exists even though it has been banned. Even though it has decreased, during the Covid-19 pandemic, piracy has increased. This is due to the emergence of official streaming services that offer benefits and low prices. With more and more choices, it makes film piracy increases. many advantages offered and also the price. this becomes a boomerang because it is increasingly mushrooming. It seems impossible for someone with no purchasing power to rent all the streaming platforms. Therefore, many people prefer to pirate than have to pay more. Sanctions for piracy itself vary from criminal sanctions and fines to even closing websites that have been proven to violate copyright. The public's lack of knowledge about intellectual property and people's habits has been the reason for the rampant piracy of films during the pandemic. This study uses a statutory approach. then use primary and secondary legal materials

PERLINDUNGAN KONSUMEN TERHADAP PERDAGANGAN BAHAN BAKAR MINYAK (BBM) PERTAMINI ILEGAL DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Erinayustina Erinayustina — 2023-01-18

Natural wealth in the form of fuel must be managed properly, Law 22 of 2001 is here to manage it. Fuel management in downstream business licenses, including commercial activities. Prtamini does business illegally because it does not have permit, in addition to legality issues, negative impacts also arise, especially for consumers who use Pertamini’s fuel oil. The need consumer protection for Pertaminni business actors. The research method used is normative juridical research with analytical descriptive specifications, the data collected is secondary data and data analysis tecnique use descriptive qualitative techniques. BBM management must go through a legal mechanism to ensure legal certainty. In the Pertamini case, there was legal uncertainty, which means it violated the basic conception of a rule of law that guarantees legal certainty, because Pertamini does not have legality in accordance with the mandate of the Oil and Gas Law. Apart from not implementing legal certainty, the state’s omission of Pertamini actually causes harm to consumers, due to the lack of supervision over Pertamini which makes them mix or mix BBM at will which cause damage to vehicle engines and also unreasonable price games. Pretamini’s presence turned out to be the impact of the uneven distribution of fuel in remote areas which made business actors run the business considering it could bring profits. Therefore the Government needs to pay attention to this matter by cooperating with agencies.

PELAKSANAAN POLIGAMI YANG TIDAK SESUAI DENGAN UNDANG-UNDANG NO 1 TAHUN 1974 JO UNDANG-UNDANG NO 16 TAHUN 2019 TENTANG PERKAWINAN (Studi Kasus: Putusan Nomor 311/Pdt.G/2019/PA.Bn)

Nabila Fajarlina Dinda — 2023-01-18

polygamous marriage where a married man then remarries and has more than one wife, basically polygamy in Indonesia is only possible if the person concerned gives permission to do polygamy An application for a polygamy permit must go through the permission of the first wife and a certain institution is required for consideration, the authorized institution is a judge or court, after deliberating and fulfilling all the requirements in court, I conclude whether or not the applicant will give permission to practice polygamy, the court will give permission if the marriage has not reached the goal of marriage. Polygamous marriage cannot be used as a venue for measuring a person's Islam, in which case the more active the polygamist is considered the better his religious position, or the more patient a wife accepts polygamy, the more quality her faith will be or by considering polygamy as sunnah. There have been many men who have married more than once or are called polygamous, in this case the Bengkulu Religious Court Judge granted the application for permission to practice polygamy on condition that it strengthens the alternative and cumulative. If one of these conditions can be proven, then the court can give permission to practice polygamy and the court can grant it if these conditions have been met. And the Court also has to prove whether the wife really cannot carry out her obligations as a wife, has an incurable illness or disability, cannot give birth to offspring.

PERLINDUNGAN KONSUMEN ANAK DI BAWAH UMUR YANG MENGKONSUMSI TAYANGAN ELSAGATE

Reyza Julianda Mahabati — 2023-01-18

in this digital era, information and communication are increasingly developing and making it easier for its users to find or access some information circulating on the internet. The ease of searching for various information on the internet makes internet users not only an adult but also minors who can use the internet proficiently. The internet can be used for various groups of age because apart from being a medium to find a piece of information, it can also be used as an entertainment medium. One of the media that is often used by internet users as a medium of information and entertainment is Youtube. The purpose of this study is to explain in depth the Elsagate impression consumed by minors. These minors have a very high curiosity and these minors have minor properties without filtration. These things can be very risky because minors will capture and remember what they see and feel and they will apply it to their behavior.

PELAKSANAAN DAN HAMBATAN PERKAWINAN TUNGKU CU PADA MASYARAKAT ADAT MANGGARAI DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Afriana Sulastri Murni — 2023-01-18

This journal aims to inform the Indonesian people in general and to the Manggarai community in particular which in this study concerns implementation and is also related to obstacles for couples who marry with the Tungku Cu relationship, which in this case is a custom or custom of the community in Manggarai. The process of collecting data and research on this journal was carried out in the period from August 2022 to December 2022. The research method used by the author in this study is the Normative research method and the data collection technique carried out is with a literature study which is also corroborated by opinions from those related to being based on interviews with sources. Tungku Cu marriage has pros and cons in the Manggarai community in particular which in this study will be represented by the resource persons whom the author interviewed in this study related to the implementation and obstacles of Tungku Cu marriage in Manggarai which until now there are still several couples married to the Tungku Cu relationship in Manggarai, Flores, East Nusa Tenggara.

KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ASURANSI (CONTOH KASUS DALAM PUTUSAN NOMOR 320/PDT.G/2019/PN MDN)

Arthuro Richie Gunawan — 2023-01-18

Disputes can occur in various sectors and one of them is the insurance sector. Disputes that arise between 2 or more parties can be resolved either through courts or through alternative dispute resolution institutions (known as “LAPS”), which based on legal regulations in effect until 2019 the Indonesian Insurance Mediation and Arbitration Institution (known as “BMAI”) is an alternative dispute resolution institution established for the insurance sector. One example of a dispute in the insurance sector that was settled through alternative dispute resolution procedure is the case of District Court Decision Number 320/Pdt.G/2019/ PN Mdn, which in that case the Consumer Dispute Settlement Institution (known as “BPSK”) of Medan City settled the dispute, even though the insurance company had stated that it was not willing to settle the dispute through Consumer Dispute Settlement Institution of Medan City, because it had been agreed beforehand that if a dispute ever arise between the insurance company and parties related with the Insurance Policy the dispute would be resolved either through the Indonesian Insurance Mediation and Arbitration Institution or District Court. Even so, the Consumer Dispute Settlement Institution of Medan City continued to issue a decision on the dispute, which means that there is a legal problem, where the law in practice is not in accordance with the law in reality. Based on the applicable laws and regulations that are in effect at that time, the Consumer Dispute Settlement Institution of Medan City was not authorised to settle that insurance dispute.

PERMASALAHAN HUKUM AGRARIA DI INDONESIA

Siaw Swhien — 2023-01-18

Struktur hukum dan lembaga penegak hukum memiliki peran strategis dalam upaya mencari solusi atas berbagai permasalahan agraria/pertanahan yang terjadi di Indonesia. Struktur hukum beserta kelembagaannya merupakan komponen atau organ struktural yang terlibat dalam suatu mekanisme, baik dalam pembuatan peraturan, maupun dalam pelaksanaan atau pelaksanaan peraturan. Dengan menggunakan metode normatif, penelitian ini menyoroti kondisi kontemporer dan isu-isu kritis dalam permasalahan penegakan dan pelayanan agraria di Indonesia. Hasil penelitian ini juga menunjukkan perlunya penerapan prinsip good governance dalam pengelolaan sertifikat dan hal-hal lain yang berkaitan dengan pertanahan sebagai salah satu konsekuensi dari peningkatan kualitas aparatur di Indonesia pada bidang agraria. Kondisi terkait pelayanan publik dalam pembuatan sertifikasi tanah di kantor BPN menjadi salah satu masalah utama bagi lembaga yang harus segera dibenahi, proses pengurusan yang lama untuk mendapatkan sertifikat hak atas tanah di Kantor BPN tidak efisien, dibutuhkan jangka waktu hingga delapan bulan, belum lagi ditambah dengan beban biaya yang relatif mahal dan rawan masalah korupsi yang memperumit masalah agraria di Indonesia saat ini, masih terdapat praktik pungli oleh aparat, masih banyak praktik makelar oleh aparat dan tidak ada sanksi/tindakan tegas terhadap petugas yang menyalahgunakan wewenang.

POLITIK HUKUM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM (Studi Putusan Nomor 2/PDT/2021/PT TJK.)

Muhamad Ibnu Afif — 2023-01-18

The purpose of this research is to get more knowledge about the causes of land rights conflicts and possible solutions. According to a method of normative legal analysis, conflicts over land rights are settled by administrative procedures provided by government organizations, in this instance the National Land Agency. After the 1960s BAL went into effect, a number of laws were created in an effort to prevent future hiccups in the decision-making process over how to utilize the land. The BPN Agrarian Directorate further acts as a place for mediation if there are conflicts so that the parties engaged in a land ownership issue may reach a peaceful conclusion. I In the event that land ownership disputes cannot be settled with the assistance of the government, the General Court, the Arbitration Board, and the Directorate of Agrarian Affairs shall all serve as a bridge for the disputing parties to obtain legal clarity on the status of the disputed property. The available choices for handling disputes may be able to balance maintaining the objectives and clarity of the law with the needs of the disputing parties.

PERLINDUNGAN KONSUMEN BANK TERHADAP TIDAK TANGGUNG JAWABNYA BANK DALAM KASUS PENIPUAN KODE ONE TIME PASSWORD DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Putusan Nomor 170 K/Pdt. Sus-BPSK/2020)

Regina Christhalia — 2023-01-18

The purpose of writing this journal or article is to find out how Bank Consumer Protection Against Bank Actions in OTP Code Fraud Cases is viewed from Law Number 8 of 1999 concerning Consumer Protection. By using the library study research method based on laws and regulations, it can be concluded that bank customers as consumers need to be protected in accordance with legal provisions, and banks also need to apply the precautionary principle and be responsible for consumers in accordance with existing regulations. But sometimes there are problems between the customer and the bank. One of them is the problem with decision No. 170 K/Pdt. Sus-BPSK/2020 . From the writing that was done, it can be seen that the decision of the lawsuit in Article 19 paragraphs 1 and 3 of the Consumer Protection Act states that consumers who feel aggrieved can directly claim compensation from the producer and must provide a response and or be resolved within 7 days after the transaction takes place.

ANALISIS KONSEKUENSI HUKUM DARI PERKAWINAN SIRI TERHADAP PEREMPUAN DAN ANAK

Angel Victoria — 2023-01-18

Siri marriage is considered as an illegal relationship by the state, so that the child born from the marriage is considered legal and varies according to religion. This position is based on Article 43(1) of the Marriage Law which states that a child born out of wedlock can only have civil relations with his mother and family. Based on the decision of the Constitutional Court, she can have a civil relationship with a man out of wedlock, her biological father. , said: National relations are between children born out of wedlock and their mothers and their families, and between fathers and their children in so far as a natural relationship between them can be scientifically explained; it can support technical evidence and/or other evidence such as relationships, including civil contacts with family members. In this case, unregistered marriages are considered to only provide protection and freedom to the men. Amendments to Article 43 (1) of the UUP generally apply to provide full legal protection to all born children and oblige fathers to take full responsibility for their children in accordance with the law.

EFEKTIVITAS PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN BERSIFAT FINAL DAN MENGIKAT BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN PENGADILAN NEGERI KARAWANG NOMOR 45/PDT.SUS-BPSK/2022/PN KWG)

Jayanto Jayanto — 2023-01-18

BPSK is a body tasked with handling and resolving disputes between business actors and consumers. BPSK is a special institution established and regulated in the Consumer Protection Act. This special institution established by the government has the main task of handling consumer disputes and can issue final and binding decisions as stipulated in Article 54 paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection. efforts to object to the District Court as stipulated in Article 56 paragraph (2) of the Consumer Protection Law. The main issue is: How effective is the final and binding decision of the consumer dispute settlement agency based on Law Number 8 of 1999 concerning Consumer Protection? The author examines this problem by using normative legal research methods and using a statutory approach. The purpose of writing this law is to determine the effectiveness of BPSK decisions which are final and binding in the dispute resolution process. Research data shows that the BPSK decision is final and binding in its application, not effective, because the UUPK opens up opportunities for further legal action in the form of objections to the District Court.

PENERAPAN DOKTRIN BUSINESS JUDGMENT RULE TERHADAP DIREKSI ANAK PERUSAHAAN BUMN (Studi Kasus : Putusan Mahkamah Agung Nomor 121 K/Pid.Sus/2020)

Widyantoro Haryo Tetuko — 2023-01-18

The business judgment rule doctrine becomes the protector of the director of a Limited Liability Company (PT) to take actions that affect companies whose elements are regulated in Article 97 paragraph (5) of Law Number 40 of 2007. Decision Number 121 K/Pid.Sus/2020 there are differences in the views of the first and second level courts in deciding the case of Defendant KA and other directors, the Supreme Court stated that this action was a business decision that must be protected this doctrine, this shows das sollen and das sein which need to be discussed in this study.The objectives of this study are: (1) How is the application of the business judgment rule in relation to the corporate actions of directors of BUMN subsidiaries; (2) How is the application of the business judgment rule doctrine in legal considerations in relation to the Supreme Court's Cassation Decision Number 121 K/Pid.Sus/2020. Based on the research results it is known: (1) The application of the business judgment rule doctrine to the actions of the directors of a BUMN subsidiary in BMG Australia transactions fulfills all the elements of the doctrine; (2) The application of the business judgment rule doctrine in the a quo has applied the business judgment rule doctrine from its considerations which state that the KA and other Company Directors develop the company by means of increasing oil and gas reserves so that it is protected by this doctrine as stipulated in Article 97 paragraph (5) of the Company Law .

Analisis Transaksi Jual Beli Yang Menggunakan Bitcoin Sebagai Alat Pembayaran

Melia Melia — 2023-01-18

Human beings are social creatures (cannot live alone), so they must live in society. Humans, who cannot live without their daily needs, engage in buying and selling activities. With the advent of technology, buying and selling is now done electronically. However, recently the situation has changed with the emergence of virtual payments. One type of virtual currency is bitcoin. In this essay, the author investigates the validity of buying and selling transactions using crypto assets as a means of payment in Indonesia? and the responsibility of the Indonesian government towards buying and selling using crypto assets as a means of payment in Indonesia? Answering the issues in this essay, the author uses a normative research method, a descriptive research nature, using primary, secondary, and tertiary data types, using a legal approach, data collected, processed and analyzed qualitatively. The results of this analysis show that the validity of buying and selling transactions using bitcoin as a means of payment in Indonesia is not valid and is only used as an investment suggestion, so the government must clearly provide warnings/sanctions in Article 33 Paragraph (1) of Law Number 7 of 2011 on Currency and be responsible for regulating the supervision of the use of bitcoin, about standards such as Know Your Customer, money laundering, risks faced by the public, and standardization regarding security systems, and the public should be careful and cautious in activities in the digital world and not accept any other payments except for the legitimate currency in Indonesia (rupiah).

The Russian Federation’s Crime in The Bombing of Mariupol Theatre

Juan Davis Elhanan — 2023-01-18

This journal discusses the crimes that have been committed by The Russian Federation in their conflict with Ukraine, specifically the bombing of the Mariupol theatre during the siege of Mariupol and the violations of human, especially civilian rights in the process. The Mariupol Theatre was a national heritage preserving the culture and history of Ukraine and was utilized as a shelter for civilians from shelling, airstrikes, and bombings during the invasion. It was sheltering a large number of Civilians when the Russian Armed Forces decided to deliberately bomb the site, killing countless of innocent civilians sheltering from the attacks. Ukraine accused the Russian forces for deliberate attacks on civilians in the bombing of the theatre, but Russia denied all the claims in front of the international community. Russia initially claimed that the theatre was used by the Ukrainian military as a base and shelter, so they bombed the theatre purely under military necessity. The Russian claims have since been refuted by multiple independent investigations looking into the case. This attack and acts of aggression can be constituted as a war crime by the Organization for Security and Co-operation in Europe and Amnesty International, and have several times breached the authority of The Geneva Conventions. Russia have yet answered and been charged to these war crimes and allegations since the culprit and main perpetrator, in this case president of Russia Vladimir Putin, has to be brought forth in front of The International Criminal Court (ICC).

IMPLEMENTASI RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PENYELESAIAN TINDAK PIDANA RINGAN DI INDONESIA

Alicia salsabila Theosalim — 2023-01-18

In line with the rapid development of the times, it has an impact on increasingly high economic inequality so that this has caused people to do everything they can to make a living. throughout Indonesia, people who are squeezed by the economy commit various minor crimes in order to make a living and their daily needs, therefore criminal acts are increasing, Indonesia needs a settlement of minor criminal cases that do not only focus on imprisonment which in the end only causes over capacity in State Detention Centers and Correctional Institutions and cause the ineffectiveness of the functions of Correctional Institutions. Restorative Justice is an alternative settlement for minor criminal cases that is more concerned with justice for the rights of the parties involved without going through litigation so that cases can be resolved by mediation between victims, perpetrators and related parties so that peace can be achieved and victims' rights can be guaranteed.

PERLINDUNGAN DAN PENEGAKAN HAK ASASI MANUSIA DI INDONESIA

Vanessa Mathilde Harum — 2023-01-18

Right is a normative element that has been attached to every human being since he was born which in its application is within the scope of equal rights and freedom rights and is related to interactions between individuals or agencies. Human rights as rights that are inherent in the nature and existence of humans. Human rights can be formulated as rights attached to the biological nature of humans. This right belongs to humans solely as human beings, not because of a gift from the people or a gift from the state. So human rights do not depend on the recognition of other human beings, other people, or other countries. The issue of human rights is something that is often discussed and given more attention in this reformation era. Human rights are highly respected and paid more attention to in the reform era than in the previous era. It should be remembered that in terms of fulfilling rights, we do not live alone and we live in social relations with other people. Do not let us commit human rights violations against other people in our own efforts to obtain or fulfill human rights. Nevertheless human rights violations still occur frequently, reflected in the existence of subordination to women, violence, rape, and exploitation of children.

ANALISIS PERTIMBANGAN HAKIM MENGENAI “SIFAT KEDERMAWANAN” SEBAGAI ALASAN PEMOTONGAN MASA HUKUMAN KASUS KORUPSI (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR: 237 PK/PID.SUS/2020)

Ovaldo Noor Hakim — 2023-01-18

Indonesia is a country based on law, its laws stand on everything. Although there have been many laws made in Indonesia, it is still felt that it is not optimal in granting a punishment against lawbreakers. Judges are the last bull for people looking for a ray of justice. However, judges sometimes give a sentence based on their conscience which can be both advantageous and disadvantageous for some parties. Currently, Indonesia does not have a punishment guideline for judges to decide on violators of the law, therefore it is important that judges have a punishment guideline for offenders, the purpose of this guideline is to reduce disparity and to achieve a higher standard of punishmentThe purpose of the law itself is to give justice to anyone. If the guidelines for conviction in Indonesia are born or present, there will be a decrease in legal disparity or legal differences with the same case and of course will provide a law that matches the criminal conduct committed by the legal subjects.