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Diyan Ibaidah Ayogi; Chusnia Chusnia; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Company dissolution and legal protection of shareholder rights are regulated based on Law Number 40 of 2007 concerning Limited Liability Companies in Indonesia. The journal discusses the procedure for dissolving a company, the reasons for dissolving, and options for filing a lawsuit against the court for dissolving a company when a dispute arises between shareholders. The author emphasizes the importance of legal protection for shareholders and the need for clear regulations in the Indonesian Limited Liability Company Law. Normative legal research methods (normative legal research). The results of this study indicate that the procedure for dissolving a company based on Law Number 40 of 2007 concerning limited liability companies can apply for the dissolution of a company through a district court. There are shareholder rights that must be protected and shareholders must exercise their rights through adequate procedures that have been determined by the company.

Achmad Maulana Fakhri; Roravianita Roravianita; Jenifer Otnie; Reza Fahrezi; Herli Antoni

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to analyze the application of diversion and restorative justice in criminal cases committed by minors. The application of diversion is examined in more depth about the obligation of every law enforcer to carry out a series of diversion processes in the police, prosecutor's office and up to the court. The implementation of diversion is something that must be done without exception in accordance with the provisions of Law No. 11/2012 concerning the Juvenile Criminal Justice System. The application of restorative justice seeks a benchmark for the extent to which it can be implemented by taking into account the authority possessed by the public prosecutor when the diversion process is not achieved and when the criminal case has entered the criminal justice process. The application of the termination of prosecution must be based on the applicable provisions and conditions contained in the Attorney General's Decree No. 15 of 2020. After conducting research on diversion and restorative justice, the only legal benefit of juvenile criminal cases is through the provision of punishment for a child who is a perpetrator of a criminal offense in accordance with the provisions of the laws and regulations concerning the juvenile criminal justice system.

Daffa Ramadhan; Achmad Asy’ari Abdullah Toran; Anisha Nabila; Jihan Khoirunnisa; Herli Antoni

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Children are God's creations that must be protected each because of their limitations. Protected one of which is the legal protection of children to accept a kind of violence. Accepting child violence has a negative impact on the child's future. Writing this to determine the need for protection in the Child Victims of Violence Act and legal protection for child victims of violence in accordance with legal regulations. Therefore, the State provides legal protection, all children are bound by law number 31 of 2014 concerning amendments to law No. 13 of 2006 concerning child and victim protection number 35 of 2014 to prevent violence against children.

Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Hanif Fil’Awalin; Mochammad Ferdinan Adzhani; Bariq Raditya; Hasan Yusuf; Ali Arva Prabangkara +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Street vendors are the dominant informal economic activity in urban areas. These street vendors are a form of scale economic activity that can produce and or distribute goods and services. Goods sold on roadside and in city centres that are busy with visitors provide necessities for the lower middle class, but it is not uncommon for people from the upper middle class to buy wares from street vendors. The purpose of writing this research is to. This study uses a normative juridical method. The results showed that the street vendors in the UPN Veteran Jakarta environment had filled the sidewalks on the road in front of the UPN Veteran Jakarta campus. Which is where the road or sidewalk should be used by pedestrians so that it is difficult for pedestrians to pass through the road because the road is narrow and there are many vehicles passing by. Thus, it can be concluded that the existence of street vendors, especially those selling in the UPN Veteran Jakarta Campus Pondok Labu environment, clearly violates laws and regulations. This is because the stalls used by street vendors for selling use roads and sidewalks which can disrupt traffic order and deprive pedestrians of their rights. Apart from that, this also damages the beauty of the city's spatial planning which causes the locations where street vendors sell their goods to look shabby and dirty.

Diana Hernida Putri; Mustika Bunga Hijriyah; Windi Edriani Ningsi; Rico Januar

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The existence of acceptance of imported used clothing in society is a serious enough problem in an industry, especially in the garment industry, many people prefer imported used clothing to local products making it a challenge for the garment industry to be able to compete with the used clothing market which has become the idol of society lately This. In fact, the government has been intensifying regulations regarding the banning of imports of used clothes for a long time to help industrial parties keep their businesses running. However, the demand for the garment industry is decreasing day by day, so strong protection is needed for garment products to survive in the domestic market. So the authors are very interested in conducting studies regarding the rise of imported clothing which is increasingly troubling the industry, both garment and textile. This study uses a normative legal research method that conducts empirical studies. The results of this study show that there are a lot of government regulations that have been issued regarding imported clothing, both the impact and the way to solve them. In addition, the author also provides an understanding of the economic review of the laws put forward by the ministers and the solutions that must be faced by the garment industry.

Nur Jannah Berutu; Deviona Aurora; Rini Amalia; Riska Amelza; Tarzky Adinda Siregar +1 more

Inspirasi Dunia: Jurnal Riset Pendidikan dan Bahasa 2023 Universitas Maritim AMNI Semarang

The research included the head of the laboratory, laboratory staff, physics teacher, students, and physics laboratory facilities at SMA Negeri 4 LANGSA as subjects. Data collection techniques comprised observation sheets, questionnaires, interview guides, and documentation. The study's results encompassed interviews conducted with the head of the laboratory, physics teachers, and students. These findings will be presented in a table format. Based on observations at SMAN 4 Langsa, the laboratory equipment was deemed relatively good, with nearly 80% completeness. Consequently, it can be concluded that the standardization of the physics laboratory's facilities and infrastructure at SMAN 4 Langsa is close to meeting good standards due to its sufficient facilities and infrastructure. However, the standardization of physics laboratory management competency at SMAN 4 Langsa is not fully compliant with the regulations outlined in the Minister of National Education of the Republic of Indonesia's No. 26 of 2008. Additionally, the effectiveness of utilizing physics laboratory facilities and infrastructure at SMAN 4 Langsa indicates poor quality.

Erika Nur Khasanah; Dini Gandini Purbaningrum; Citra Andita; Dwi Ayu Setiani

Jurnal Akuntan Publik 2023 International Forum of Researchers and Lecturers

Indonesia is a country with a stunting prevalence that can still be categorized as high with a prevalence rate of 24.4%. Various efforts have been made by the government to be able to overcome the stunting problem that occurs through various policies and regulations as well as through national strategies and interventions. This paper aims to explain the national policies and regulations and strategies used on tackling stunting in Indonesia. The method used in this research is a literature study method where the technique is through library data collection, reading and taking notes, and managing research materials. Indonesia already has a number of national policies and strategies on stunting that are realized in the form of interventions both specific and sensitive. Specific interventions are carried out by the Health sector by focusing on priority goals and important goals, while sensitive interventions are carried out by sectors outside Health where they are carried out to increase access to nutritious food; increase awareness, commitment, and nutrition parenting practices of mothers and children; improve access and quality of nutritional and health services; and improve the provision of clean water and sanitation facilities. Policies and regulations that exist at the central level, must also be followed by follow-up in the regions to the village level and involve not only the health sector but also other related sectors.

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Wahyu Buana Putra; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Competition in the business world has various ways by each business actor. Judging from the application of the principles of business competition in Indonesia, there are several rules that contain matters in carrying out the business world. All provisions contained in the laws and regulations regulate the rights and obligations of every business actor in running his business. Given the content of Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition describes several actions or practices that are prohibited in competing to develop the business of every business actor in Indonesia. One of the prohibitions in the world of business competition is the practice of predatory pricing or commonly referred to as the act of selling at a loss. This practice is an act of selling products from production at prices far below the proper average. This study will discuss one of the case studies related to selling at a loss that occurred in the cement industry in Indonesia, especially in the province of South Kalimantan. Cement Conch which is a product of PT. Conch Cement was the party that was reported on the grounds that there was an alleged monopoly action in the form of a loss-selling practice. Conch cement companies are reported under the provisions of the article in the business competition law. In accordance with the KPPU's decision issued, stated that conch cement was proven to have carried out this practice. Regarding monopoly practices carried out by conch cement companies, we will review the legal consequences and responsibilities based on the applicable laws and regulations.

Falah Maulana Pujangga Putra Pratama

Student Scientific Creativity Journal 2023 Pusat Riset dan Inovasi Nasional

One of the objects monitored by the Airport Authority is the activity of hot air balloons in the air space. The presence of an uncontrolled hot air balloon certainly results in disruption of the aircraft flight path which will cause flight safety to be threatened. Therefore, all forms of disruption to the flight path that have the potential for danger must be handled immediately to ensure flight safety. This study aims to find out the role and constraints experienced by the Airport Authority Office Region III in supervising hot air balloons in order to maintain flight security and safety. This study uses qualitative methods with primary and secondary data collection techniques. The data used are observation, interviews, documentation and literature study to find out the role of the Region III Airport Authority Office in supervising hot air balloons. The results of this study indicate that the role played by the Region III Airport Authority Office in supervising hot air balloons has been carried out properly and has implemented according to the regulations stated in PM 41 of 2011 and PM 40 of 2018. Meanwhile the obstacles experienced were limited personnel, Budget that is less than optimal, Momentum for hot air balloon flights that are quite a lot and occur simultaneously, Community resistance to existing regulations, and a wide scope of supervision.

Eva Nur Agustin; Jahira Fajri Madani; Kazhima Alma Azzahra; Novita Dwi Istanti

Jurnal Anestesi: Jurnal Ilmu Kesehatan dan Kedokteran, 2023 Stikes Kesdam IV/Diponegoro Semarang, Indonesia

According to Law No. 36 of 2009, health is a state of health, both physically, mentally, spiritually and socially that allows everyone to lead a socially and economically productive life. To ensure this health, the government established a health insurance known as the National Health Insurance (JKN). In its implementation, the JKN program experienced several challenges and obstacles. Therefore, this study aims to evaluate the JKN program in terms of increasing public health access. The research method used was a literature review obtained from eight journals from the Google Schoolar online database  between 2018 and 2023. Based on BPJS Kesehatan data as of October 2022, as many as 89.35% of the entire Indonesian population has been guaranteed health financing through the JKN program. There are several factors that affect the implementation of the JKN program, namely internal and external factors. To overcome this, various strategies are needed to optimize the JKN program in Indonesia. In addition, collaboration between stakeholders and the implementation of digitalization of health services in various health care facilities are also needed as readiness to face the global world. In its implementation, the implementation of JKN still experiences various obstacles such as low stakeholder readiness and responsiveness,  facilities and infrastructure that have not been maximized, and regulations regarding the JKN program have not been available and socialized properly.

Salwa Ainiya Tsabitha; Niken Ayu Puspita; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

. Currently, the times are increasingly advanced, starting from technology, transportation, payments, placement of funds in securities is one of them. Placement of funds in securities is a bank that only acts as a liaison between customers who need funds and customers who have funds. Placement of these funds is only in securities that are not listed on the stock exchange, such as BI certificates. The purpose of this study is to examine the determination of a fund to become securities and also how is the legal relationship between depositors of funds and banks and what are the legal consequences of placing funds in securities as security for wealth. The conclusion of this study is that the role of securities in a bank is inseparable from the role of banks which have a strategic function in implementing national development. The development of the times is also a supporting factor for using securities for payment, deposit of funds, investments, and others. This strategic role is mainly due to the main function of the bank as a vehicle that can collect and distribute public funds effectively and efficiently and anticipate economic and banking developments. To anticipate economic and banking developments as mentioned above, it is necessary to have laws and regulations regarding securities in general that are more adequate as an umbrella that underlies these developments.    

Muhammad Ikbal; Syarifah Aeni Rahman; Siti Martieni

Jurnal Inovasi Ilmu Pendidikan 2023 Pusat Riset dan Inovasi Nasional

Student discipline has a very important role in the learning process at school. Students who are not accustomed to discipline and are not handled by the school immediately, will develop habits in themselves so that they always commit violations of every existing rule. Efforts made by schools to discipline students are the existence of rules that are made so that these regulations can be obeyed. However, the existing rules at school are only used as a display without wanting to apply them concretely. So from this it is necessary to instill the value of discipline in schools, namely by giving light punishments so that students will not repeat the violation a second time. This research is a literature review research with a descriptive approach. The literature reviewed in this study comes from research journals. The conclusion in this study shows that the inculcation of discipline at SD Pertiwi Makassar has gone quite well, but still needs to be improved

Susilowati Susilowati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Credit Guarantee in the Syndicated Bank Credit Agreement is the most important guarantee in the Syndicated Credit Agreement which is the main discussion in this Legal Writing. The method that the author uses in this legal research is normative juridical, where the documents used as guidelines in the preparation are primary legal documents and secondary legal documents. The Credit Guarantee in the Syndicated Credit Agreement that I will use is a credit guarantee with concession rights which includes toll road concession revenues, escrow accounts, and insurance claims. The Credit Guarantee is important to cover or guarantee the Creditors in the Syndicated Bank in the event of a default or bad credit or default from the Debtor. Collateral as regulated in Law number 7 of 1992 concerning Banking as amended by Law number 10 of 1998 concerning Amendments to Law number 7 of 1992 concerning Banking, guarantee is defined as "faith in faith and ability and ability of the customer or debtor to pay off the debt or return the financing as agreed. Credit guarantees (debts) as regulated in article 1131 of the Civil Code are "all objects of the debtor, both movable and immovable, both existing and those that will exist in the future, become dependents for all individual engagements". The credit guarantee that will be discussed in this legal writing is the credit guarantee in the Syndicate Credit Agreement or syndicate loan in the form of concessions. Concession is the granting of rights, permits, or land by the Government, companies, individuals, or other legal entities. The granting of concession rights is generally applied to the development of partnerships between the government and the private sector. Syndicated credit is one of the types of credit, but the difference in Syndicated Loans is related to the number of creditors. In the Syndicated Credit Agreement, the creditor is more than one creditor. The discussion of Syndicated Credit Guarantee that will be discussed in this legal writing is the Credit Guarantee in the Syndicated Credit Agreement between PT. JJP with PT. BNI Bank, PT. Bank Mandiri, PT. Bank BRI and PT. Bank BPD Central Java in terms of the construction of the Semarang Toll Road. The object of the Credit Guarantee in the Syndicated Credit Agreement in the form of Concession Rights which is not a fiduciary or mortgage must be made in the agreement related to the risks that will occur as a result of the syndicated credit agreement, especially on the guarantee so that no party is harmed from the syndicated credit agreement and development can run smoothly. In this regard, the Government should always be innovative towards legal regulations in line with development progress so that they do not become legal problems in the future.  

Muhamad Arifianto

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The position of the Committee for State Receivables (PUPN), from a constitutional point of view, should be able to become a strong and professional representative interdepartmental institution in line with the goals and expectations of its establishment in accordance with laws and regulations to support the wheels of the economy and benefit the country's finances at a macro level. The problem in this study is regarding how PUPN's authority is viewed from the point of view of the legal system theory. The method used in this research is descriptive research method with a normative juridical approach. Law Number 49 Prp of 1960 concerning the Committee for State Receivable Affairs, is the forerunner of the paradigm for settlement of State Receivables by incorporating elements of managing and collecting state debts with very effective and strong authority from a legal standpoint. In addition, the institutional form that is interdepartmental gives a special image and the presence of law enforcement officials in it can have a significant psychological effect on the debt guarantor. Not to mention that the PUPN itself is equipped with parate execution powers which are the same as the court's execution powers.

Muhamad Khamal Akbar Rahmadan; I Made Sarjana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The research was conducted for the sole purpose of knowing the legality of establishing a foundation as a legal entity operating in the social, religious, and humanitarian fields, in this case the foundation was founded by foreigners. This research uses a method with normative research in addition to legislation is used as an approach, in addition to facts and conceptual analysis used as an approach in this research method. The results of the study indicate that the legali ty of the establishment of a foundation by foreigners in Indonesia has now been determined in Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations where foreigners in this context have more opportunities to set up a foundation. Regulations on foreign foundations are related to their establishment which are further emphasized in Government Regulation Number 63 of 2008 concerning the Implementation of the Law on Foundations as an implementing regulation that provides legal certainty to foreigners in establishing a foundation. as well as the nation, and the State of Indonesia.

Ramadani Dimas Pamungkas; Deandra Myana Rahayu; Syafa Nabila Azzahra; Fadia Amanda Pertiwi; Hany Nurpratiwi

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

The objectives of the National Agrarian Law are in line with the objectives of the 1945 Constitution of the Republic of Indonesia as the legal foundation for the formation of the UUPA, namely "to protect the entire Indonesian nation, promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, eternal peace." and social justice”. Before there were clear rules governing land issues, many land conflicts occurred. One type of conflict that often occurs is between the state and the community regarding Nation Land Tenure Rights representing the public interest, and then private property ownership, which then results in social inequality that arises in society. social. In the compensation paradigm itself, it tends to mean that the holder of land rights has experienced a loss prior to the release of his land for public use. Presidential Decree No. 55 of 1993, Presidential Decree No. 36 of 2005 and Presidential Decree No. 65 of 2006 contain many weaknesses and are repressive in nature which harm land rights owners. Various cases of community welfare land acquisition development show various problems that arise in the implementation process. With the promulgation of Law Number 2 of 2012, the government is trying to correct deficiencies in the previous laws and regulations regarding land acquisition for public purposes. Compensation for Land Acquisition Since the promulgation of Law Number 2 of 2012, the government has assessed the value of compensation for each plot of land, including land, space above ground and basement, buildings, plants and land, for public purposes; and/or other things that can be assessed as Loss. The amount of compensation determined by the appraiser based on the results of the assessment becomes the basis for negotiating and determining losses.

Anisa Kurniasari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This study discusses the rights and obligations of patients and families in the services that have been provided.  The results showed that the granting process was in accordance with the Constitution no.  36 of 2014 concerning Health Workers and the Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2018 concerning Hospital Obligations and Patient Obligations and other related regulations.  There are several things that need to be improved, such as maximizing providing services to patients who have obligations that must be fulfilled, in order to achieve healing and as a balance of the rights they get, in essence the balance of rights and obligations is an achievement of a fairness of action, in terms of  relationship between two parties (medical personnel and patients).

Anita Atma Negara

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Sanctions are an important closing part in administrative law. In a sociological context, sanctions are a form of law enforcement effort. Law enforcement is a process to make legal wishes come true. The sanctions themselves can be in the form of criminal sanctions, civil sanctions, and also administrative sanctions. The purpose of this study is to find out the prosecution of people who do not use masks according to governor regulations and to find out the criminal status of people who are subject to administrative fines including criminal acts according to the article regarding the application of discipline to health protocols in the new era of life. This research method uses normative legal research methods. The results of the study show that the application of sanctions for violations of health protocols during the Covid-19 pandemic in Indonesia is regulated in various Mayoral or Governor Regulations of each region by imposing written warning sanctions, administrative sanctions, social sanctions and criminal sanctions on violators.