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Friska Sitanggang

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

International bilateral agreements in the form of investment have an important role and significance in promoting development growth and economic progress. Through such agreements, the host country has the opportunity to attract foreign investors to operate and invest in various sectors in its territory. As a result, the home country can freely invest in various industrial sectors in the host country. The home country and the host country conclude an agreement in the form of international bilateral agreements called "investment promotion and protection agreements" or bilateral investment treaties/BITs. One such agreement is the international bilateral agreement between Indonesia and Singapore on industrial promotion and protection signed in 2018 and effective in 2021, which will be discussed in this journal.

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.  

Mohamad Pano; Burhan Niode; Franky R. D. Rengkung

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

Illegal fishing still occurs in Indonesian waters, although various efforts have been made to deal with it. This illegal activity is not only a problem for Indonesia, but also a cross-country problem because the actors and activities are cross-country, and because of that, the handling of this problem must be carried out cross-country, especially through bilateral cooperation. This study aims to determine the Indonesian Government's Efforts to Handle Illegal Fishing on the Border of Indonesia and the Philippines. The lack of a defense and security system in Indonesian waters has led to the emergence of threats such as illegal exploitation and exploration of fishery products that are not reported and are not in accordance with predetermined rules carried out by foreign parties. This act of fishing activity is commonly referred to as Illegal. This research uses a descriptive-analytic research method.With data collection techniques through interviews, observation and documentation. The results of the research show that cooperation between Indonesia and the Philippines can run well if the Philippines itself is quick in responding to ideas and agreements that have been mutually agreed upon, the slow response from the Philippines itself makes the second agreement slow to process, therefore the strategy that can be carried out by Indonesia in encouraging a quick response from the Philippines itself is by discussing every collaboration that is ongoing or has expired intensively and continuously. Bilateral talks can accelerate cooperation between the two countries in a better and more advanced direction.    

Ajeng Windi Astuti; Anjel Ezania Sihombing; Monalisa Lumbantobing; Nur Aini Simbolon; Ros Juliana Lubis +2 more

Wawasan : Jurnal Ilmu Manajemen, Ekonomi dan Kewirausahan 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

Sharia Pawn (Ar-Rahn) is an agreement between a lender and a party who lends money. A lien is a right to tangible goods that is given to a debtor who wants to get ahead of the debtor, and the item is taken after the person has the money to redeem the lien. Rahn is a pawn service product based on sharia principles, where customers are only charged with administrative fees, additional mortgage and maintenance costs. The purpose of this study was to determine the evolution of income, inflation rates and gold prices in Rahn's credit distribution at PT. Pawn shops in Indonesia. The data analysis method used is descriptive analysis with a quantitative approach used as a data analysis method. The data source comes from secondary data Literature research and documentation are used as data collection techniques. The subject to be studied is PT. Pegadaiic Indonesia 2013- 2022. The results show that gold income and prices are directly proportional to rahn credit distributed to the community. Meanwhile, inflation is not directly proportional to the rahn credit distributed to the public.

An Nisaa' Anggun Febriana; Dhika Afnan Rolina; Indah Ayu Sukmawati; Agus Eko Sujianto

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

This study aims to determine and analyze the position of force majeure in murabahah contracts and how the implementation of force majeure in murabahah contracts in Sharia Financial Institutions. This study uses normative legal research supported by empirical data. Data collection techniques used by the author is the study of literature documents that are examined from books, literature, journals, and legislation. The conclusion of this research is first, the position of force majeure in the murabahah contract is a necessity to anticipate unwanted and dangerous circumstances, which are beyond the authority of the parties in the murabahah contract. In addition, Islamic law also regulates positions related to force majeure that is known as dharurah, which means damaging or giving harm. Second, the implementation of force majeure in the murabahah contract at the Sharia Financial Institution has already been applied in the contract or agreement by the parties. Force majeure clause becomes a reason not to charge the parties for losses arising from force majeure events that occur. Something that is allowed due to dharurah conditions, must be completed according to the required size restrictions.

Amanda Istianah Mutiawati; Eka Saputra

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Problems related to labor or labor are problems that often occur in developing countries, one of which is Indonesia. Termination of Employment (PHK) is something that is feared by workers due to economic conditions which have an impact on companies that have to go out of business and this results in unilateral layoffs by the company. One of the implementing regulations for the Job Creation Law that has been issued is Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time, Work Relations and Rest Periods, and Termination of Employment (PHK). Article 15 states that employers are required to provide compensation money to workers or laborers whose employment relationship is based on a Specific Time Work Agreement (PKWT). Compensation money as referred to in Article 15 paragraph (1) PP Number 35 of 2021, is given to workers/laborers who have had continuous service for at least 1 (one) month. Compensation is everything that is received by workers, both physical and non-physical. The form of compensation given can be in the form of money or goods that are given directly or indirectly. Regulations regarding compensation are regulated in Law Number 13 of 2003 concerning Manpower and Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Break Time and Termination of Employment. The compensation given by Hotel X to Mrs. S is in accordance with Article 16 of Government Regulation Number 35 of 2021 concerning Work Agreements for Specific Time, Outsourcing, Working Time and Break Time and Termination of Employment. Where Mrs. S demanded compensation from Hotel X with the calculation of the remaining salary withheld due to covid reasons, overtime pay, and leave money.

Linda Uril Khofifah; Ainun Najib; Sumriyah Sumriyah

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The company is an organized institution with the aim of obtaining profits in the development of companies in the capital market and providing opportunities for the public to invest in the short, medium and long term, while it is easier for companies to obtain funds from the public investors (investors) by issuing securities both equity or debt. The purpose of this research is to find out how bonds are regulated in the Indonesian capital market from legal protection and corporate responsibility that defaults on bond investors. This study uses a normative legal research method that focuses on the study of legal perspectives and/or perspectives that explain a set of legal principles, legal norms, and legal regulations both formally and materially. The approach used in research is a conceptual approach (Conceptual Approach) where by examining through legislation and theories. Based on the research results, it is known that bond investors protect capital from the risk of company default, namely periodic reports and transparency of information, as well as guarantees (collateral) included in the issuance of bonds and the existence of sinking funds (reserve funds). Preventive legal protection for investors after a default occurs, the company continues to pay bond principal and interest (coupons) to investors in accordance with the bond agreement agreement. Companies can also be subject to civil witness administrative sanctions and even criminal sanctions.

Victoria Tabita

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The practice of the Nominee Agreement, which involves an agreement between the legal shareholder and the beneficiary, is often the method used for shareholding in limited liability companies, especially Joint Ventures. In this agreement, the registered shareholder (nominee) is the shareholder, while the beneficiary is the party who actually controls and receives direct benefits from the company. Even though this practice is expressly prohibited in foreign investment in Indonesia, especially based on Article 48 UUPM, and the agreement can be canceled by law because it does not meet the requirements of a legal cause in accordance with Article 1338 Paragraph (1) of the Civil Code, the use of nominee shareholders has not been prohibited explicitly by the government. Therefore, this can be considered as an attempt to circumvent the law or an act of legal manipulation. The type of research used in this study is empirical research, which includes research on legal identification and research on legal effectiveness.

Priskilla Chrysentia

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

National treatment is one of the fundamental standards in the implementation of foreign direct investment. An important element determining the applicability of national treatment standard is the existence of ‘like circumstances’ between foreign and domestic investors. However, the application of ‘like circumstances’ concept is often inconsistent, due to the absence of touchstones necessary to determine the ‘like circumstances’ itself. This study analyzes the significance of the application of ‘like circumstances’ concept in national treatment standard and its regulation in national treatment clauses in international investment agreements, showing that the absence of provisions on the touchstones to determine ‘like circumstances’ might contribute to the inconsistency of the application of national treatment standard, thus the insertion of the touchstones to determine ‘like circumstances’ is necessary.

Eva Maya Sari; Gracia Tirta Immanuella; Ariani Sitanggang; Satria Ariayudha Widiatmoko; Laga Sugiarto

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

The legalizing of the work act sparked deep-rooted controversy in society, even since it was first proposed by the President. This situation is highly reasonable, especially with new society conditions emerging from the covid-19 pandemic, misunderstandings are natural and disagreements are easy. The copyright law was hasty as it revised dozens of existing laws. Omnibus law appeared on President Joko Widodo's proposal on his inaugural address to the people's assembly on October 20, 2019. The President proposed omnibus law to have overlapping regulations eliminated. The government has also expressed hope with the growing number of pollutive Omnibus Laws in the public and has also attracted foreign investors to invest in Indonesia. Omnibus law has generated controversy in society as it overcomes most of the previous legislation with the new one. This new act. Omnibus law provided an easier passage, as regulations and permits impeded increased construction.

Jayantri Ribunu; Rafika Nur; Nur Insani

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

The purpose of this writing is to identify, study and analyze procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System. In this paper the author uses the normative juridical method. In the conclusion of the discussion, children who are in conflict with the law are considered as legal subjects who are not competent and do not understand what they are doing. Investigation of child cases is carried out by investigators appointed by Decree of the Head of the Indonesian National Police or other officials appointed by the Head of the Indonesian National Police. If the Diversion succeeds in reaching an agreement, the Investigator will submit the Minutes of Diversion along with the Diversion Agreement to the head of the district court for stipulation. Meanwhile, if the Diversion process fails, the Investigator must continue the investigation and transfer the case to the Public Prosecutor by attaching the Minutes of Diversion and minutes of community research. Arrested children must be entrusted to the LPKS. The cost for each child placed in the LPKS is borne by the budget of the ministry that administers government affairs in the social sector. The role of diversion as an effort to protect the rights of children's rights is expected to solve the problems of children who are in conflict with the law. When a child is faced with a formal criminal justice process, it is certain that the child will lose his freedom. By diverting, the freedom of children is still guaranteed, and the deprivation of independence for them can be avoided. Diversion is a very meaningful effort to provide protection for children who are in conflict with the law so that they can fulfill the basic rights of children.

Roman Agustian Hasan; Mutia Cherawaty Thalib; Dolot Alhasni Bakung

Jurnal Mahasiswa Kreatif 2023 International Forum of Researchers and Lecturers

This study aims to determine legal protection for online game users over the lootboox monetization system in a positive legal perspective in Indonesia, based on the title raised in this study. This research uses the type of normative juridical research. The process of collecting data from the objects studied in this study is using primary, secondary, and tertiary techniques. The data obtained by this research uses a qualitative method which explains the relationship between variables and generalizes the social phenomena studied.  The results of this study indicate that several formulations of laws and regulations that can help stabilize and defend rights and obligations from a civil perspective regarding the issue of the Lootboox Monetization System as well as in the case of the Lootboox Monetization System are inseparable from legal consequences and forms of accountability from parties who violate a law. agreement and also there are several suggestions about how the Lootboox Monetization System should be run nowadays.

Rifaldi, Aditya; Suliantoro, Adi

DINAMIKA HUKUM 2023 Universitas Stikubank

The background of this thesis is that it starts from the rapid growth of information technology-based lending service providers, apparently not balanced with adequate education to the public, causing various effects / risks that arise from the many kinds of online loans and there are still many unregistered or illegal organizing companies found as well as the potential for leaking user personal data that can be misused by the organizing company or another party One of the platforms is the Smart Credit App.   The problems that the author raises in this study are How to Arrange Online Loans on the Smart Credit Application, How are the Losses arising from online borrowing of the Smart Credit Application and How is the Responsibility of the Smart Credit Application for Losses from Customers. The research method used by the author in answering problems is Normative Juridical Research where the author tries to examine problems with existing legal rules and uses the literature study method in collecting existing legal materials. The conclusion of this thesis research is that Online Loans through the Smart “Credit Application in the people of Semarang City are regulated in Article 1320 of the Civil Code which in essence stipulates thatagreements made online must still meet the legal requirements of an agreement. The implementation is regulated in POJK regulation 77/2016 concerning Technology-based Loan Services. Customer protection in online loan agreements can be found in the Consumer Protection Law in article 7 which regulates the Obligations of Business Actors, then Article 8 which regulates things that are prohibited from being done by Business Actors, and Article 18 which regulates the provisions of matters related to the Standard Clause. ITE Law, where in Article 11 and Article 17 of the ITE Law regulates matters related to the validity of electronic agreements, OJK Regulation Number 77 / POJK / 2016 concerning Services of a Loan in the form of Money Based on Information Technology which is regulated through article 18 concerning the Form and Structure of online loan agreements. The disadvantage that often arises from the Smart Credit Application is the dissemination of personal data carried out by the Smart Credit Application because the Debtor does not make payments on time, so the debt Collector uses techniques to use the dissemination of personal data to pressure the Debtor to immediately make payments, Juridical Responsibility The Kredit Pintar application for actions committed for defamation can be held civil liability through a Tort Lawsuit as stipulated in article” 1365 of the Civil Code filed by Customers who feel aggrieved because their identity is used in the misuse of personal data.   Keywords : Online Loans, Smart Credit Applications.

Sugih Ayu Pratitis; Rehulina Rehulina

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

. A marriage is an agreement based on personal voluntary agreement between a man and a woman to become husband and wife. In Indonesia, the contract or agreement is called a marriage contract (nuptial agreement or marriage). Pre-nuptial agreement is an agreement made by the prospective bride and groom before the marriage takes place so that it becomes a legal couple. Properly the contract The prenuptial agreement is also binding on both the bride and groom and contains issues of dividing the assets of the two parties or relating to the personal assets of both parties so that they can be separated, if one day there is a separation. An agreement is an event where a person promises to another person or where two people promise each other to do something. When compared to an engagement with an agreement, apart from the agreement being a source of engagement other than the law, the engagement is also an understanding that is still abstract, because the parties are said to carry out something, while the agreement is already a concrete understanding, because the parties are said to carry out something certain events. This research is a type of legal research that uses a normative juridical approach. The implementation of the marriage agreement so that the agreement is valid in the eyes of the law, the agreement must be made authentically before a notary. The prenuptial agreement is made for the benefit of legal protection of each other's innate assets, namely the property of the prospective husband or the property of the prospective wife. By making a Pre-Marriage Agreement, it will provide a sense of security to the prospective husband and wife in carrying out their household ark. Prenuptial agreements are made to confirm assets, rights of husband/wife, obligations of husband/wife and responsibilities of each party.

Wijaya Johanes Chendra; Dety Mulyanti

DIAGNOSA: Jurnal Ilmu Kesehatan dan Keperawatan 2023 International Forum of Researchers and Lecturers

Facing the JKN era is not easy, especially for private hospitals. Private hospitals need strategy, understanding, understanding and mutual agreement throughout the internal hospital, both doctors, nursing staff, general staff and management. The strategy for promoting health services in hospitals and other health facilities is not much different from the marketing strategy in general. It aims to promote and introduce the Hospital and the services provided. The purpose of writing this scientific article is to find out and review from a theoretical point of view how the strategy is carried out by private hospitals in this JKN era. The method used is a theoretical study by analyzing and comparing existing theories. It then learns more about a subject in theory or research and helps readers understand it better and with implications. The results of this theoretical study are private hospital services by implementing strategies and principles for implementing the National Health Insurance Program (JKN) such as mutual cooperation, non-profit, openness, portability, membership, trust funds, and management. It can be concluded that the strategy for promoting health services in private hospitals is to implement them in accordance with established standards and laws. The health service quality strategy is also the main key to service promotion to increase patient satisfaction in receiving care. It is expected that hospital institutions will continue to provide excellent and comprehensive health services and meet the basic health needs of patients.

Andi Muh. Taqiyuddin; A.Qadir Gassing; Muammar Muhammad Bakry

International Journal of Education and Literature 2023 Lembaga Pengembangan Kinerja Dosen

This study aims to determine the concept of haul in the perspective of four schools of thought. This research is a type of qualitative research with library research methods. This study uses a normative language and juridical approach. The data are sourced from various literature explorers whose sources are journals, books and proceedings. Data analysis is used by tracing various literatures from articles, books, proceedings and other relevant, analyzing and drawing conclusions. The results of the study are that First, according to the agreement of the scholars, among them according to the four schools of thought that haul is not required for agricultural and fruit zakat. Second, the concept of expediting the payment of zakat before the haul during the pandemic, there is no difference among the four schools of thought, in fact what is wrong is the paradigm of society, the way of thinking, the way of understanding their knowledge is wrong, therefore there must be an effort to reshuffle the paradigm through reformulation of the zakat haul in the future. pandemic, namely the adjustment of the zakat haul during the pandemic.

Devi Delvita; Dety Mulyanti

DIAGNOSA: Jurnal Ilmu Kesehatan dan Keperawatan 2023 International Forum of Researchers and Lecturers

The quality of health services is very important. This study aims to determine the analysis of the implementation of information systems towards electronic medical records at Hospital Palangka Raya. This research is a descriptive research. The research sample is 60 questionnaires. sampling method with Simple random sampling. The research was conducted from January 5 to January 25, 2023. The research instrument used a questionnaire. The research results show that the level of agreement between reality and expectations is based on predetermined variables (Man) 90.12%, Machine 85.75%, Methode) 90.06%, Material 90.18% Environment 90.94%. Based on the results of the study it is recommended to carry out regular evaluations every 6 months, repairs by providing training and collaboration with officers in improving Electronic Medical Records.  

Adi Prabowo, Adia; Adi Nugroho, Irfan; Shulhan, M. Afif

Adi Widya: Jurnal Pengabdian Masyarakat 2023 Lembaga Penelitian dan Pengabdian Masyarakat

Empowerment of Farming Communities in Enhancing Rural Economic Development. This socialization aims to find out the extent of the role of Farmer Groups in increasing the empowerment of the farming community of Kulwaru Village, Wates District, Kulon Progo Regency and to know the Rights and Obligations of Owners and Cultivators.The main problem of the target audience is to find out how the behavior of the farmers in Kulwaru Village regarding financing and management and calculating the profits of rice farmers. As well as knowing how accounting and local wisdom in the profit-sharing system between the owner rice farmer and the cultivating rice farmer under the guise method. Based on the research, the results obtained from analyzing the results of experience and interviews with rice farmers in Kulwaru Village, Wates District, Kulon Progo Regency produced a form or model of profit sharing cooperation with the "mask" method. Owners and cultivators in a production sharing cooperation agreement are not carried out in writing, but verbally. In addition, owner farmers and sharecroppers also have different rights and obligations in managing rice fields.

Astria Apriliavini Priscila Palenewen; Dety Mulyanti

DIAGNOSA: Jurnal Ilmu Kesehatan dan Keperawatan 2023 International Forum of Researchers and Lecturers

The hospital as a health service institution that organizes individual health services in a complete manner that provides inpatient, outpatient and emergency services. Efforts to improve health services as an agreement on setting long-term goals and visions which then become a common reference in achieving the goals that have been set. The purpose of this theoretical review is to find out how to improve health services in hospitals. The method used is a theoretical review by analyzing and comparing existing theories. The results of this theoretical review are by increasing efforts such as providing adequate infrastructure facilities including from a physical perspective, besides being efficient, fair, timely, secure, integrated, focused, reliable and effective. It can be concluded that efforts to improve the quality of health services as a process of meeting the needs and life expectancy of patients, both internally and externally. Quality can also be associated as a gradual and continuous improvement process. In general, the quality of health services focuses on the concept that health services have three main foundations, namely quality, access and cost.

Markus Gunawan

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

The implementation of the legal regulation of the principle of the agreement between the policyholder and the insurance company is law no. 40 of 2014 concerning insurance and the Civil Code, article 1320 on the terms of a legal agreement, commercial law books, article 246, the meaning of insurance, and the provisions of the article in an insurance policy. Limiting factors in submitting claims, namely, failing to fulfill administrative requirements and ignorance of customers with the benefits purchased. The principle of implementing the law of the agreement between the policyholder and the insurance company at PT. Batam branch Sequis Life Life Insurance. With the construction problem: -how is the law determining the implementation of agreements between policyholders and insurance companies with one of the factors hindering filing claims in the PT Asuransi Jiwa Sequis Life Batam branch? Qualification/writing in this type of journal uses normative legal writing and legal research supported by sociological/empirical nonprofits. To analyze the problems in this journal, Jeremy Bentham's theory (theory) of utilitarianism is used, the middle theory (middle theory) by Roscoe Pound law as a social engineering tool, theory and application (Applied theory) by Philip Nonet and Philip Selznick, namely essential law society.