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Ryan Gymnastiar Alwin; Dida Rahmadanik

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The Jeruk Village in Surabaya is one of the areas that have many Micro, Small, and Medium Enterprises (UMKM) with various types of businesses such as culinary, convenience stores, laundry services, and garment shops. In an effort to maintain legal certainty and enhance the capacity of business actors in facing trade competition in the area, the Surabaya City Government officially enacted Regional Regulation Number 1 of 2021 on the Development and Empowerment of Micro Enterprises. Research results show that the local and sub-district governments provide comprehensive services to the community, especially UMKM that have business permits. The socialization conducted by the Lakarsantri Sub-District in Surabaya includes explanations about the Business Identification Number (NIB) to UMKM actors. Moreover, they also provide support in the business permit application process, including issuing business codes as a form of business activity legality. The implementation of UMKM development and empowerment policies in the Jeruk Village, Lakarsantri Sub-District, Surabaya, reflects several indicators in the Policy Implementation Theory by Merilee S. Grindle. The Lakarsantri Sub-District, especially Jeruk Village, has diligently and effectively implemented this policy, as reflected in various activities, ranging from raising awareness to assisting in the business permit application process. The benefits of this policy are directly felt by both the government and the UMKM owners.

Faozi, Safik; Suliantoro, Adi; Andraini, Fitika; Saputra, Arikha

DINAMIKA HUKUM 2023 Universitas Stikubank

Nowadays, food and beverage products are widely circulated in society. In the era of globalization of society, the traffic of goods including food/drinks across countries is not guaranteed to be halal. Even though religious obligations command us to consume halal food/drinks. With the existence of Law no. 33 of 2014 concerning Halal Product Guarantees and Government Regulation no. 39 of 2021 shows that there is legal certainty in the implementation of Halal Product guarantees. The problem is how to theoretically and empirically study the implementation of halal product guarantees from an Indonesian legal perspective. The research methods are normative juridical and sociological. The research results show that theoretically, the implementation of halal product guarantees is based on Law no. 33 of 2014 concerning Halal Product Guarantees reflects legal norms originating from God's Law (God Order), namely from the Al-Qur'an and Hadith, and has long been practiced in people's lives as a reflection of a person's or society's religious awareness. The process shows a circle of interaction that ends with the Halal Product Guarantee Law. Empirical studies explain that the implementation of halal product guarantees has been going on in people's lives for a long time so that it functions to create legal certainty, comfort and justice for the user community as well as realizing beneficial values for economic growth and community welfare. The existence of statutory regulations, legal institutions and public awareness of halal product guarantees are elements of a legal system. Empirical studies explain that the economic subsystem played by business actors has great energy to adapt quickly and utilize legal regulations and community culture to expand and develop their business. Keywords: Halal, Products, Law and Society  

Inggas, Made Agus Mahendra; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2023 Universitas Stikubank

The Association of Indonesian Doctors has been formed and declared in a Decree of the Ministry of Law and Human Rights, Number AHU-003638.AH.01.07.2022. The Indonesian Doctors Association is no longer the sole forum for medical organizations in Indonesia. The study of the legality of this new association and the study of the organization of the Indonesian Doctors' Association have violated the right to associate and human rights because it is the sole forum for the medical professional organization which is the focus of the problem raised by the author. The study uses a normative juridical approach to seek answers with certainty and legal certainty through existing legal theories, norms and legislation. The conclusions obtained are that in order to protect patients, improve service quality, and ensure legal and statutory certainty, the medical professional association or organization must be one. Determination of quality and service, competency standards, and professional ethics must come from a professional organization. With a noble purpose, a single professional organization does not violate the law on association and human rights. The presence of a new medical society organization will not interfere with the position of the Indonesian Doctors Association as a professional organization. The suggestion from this study is that new organizations such as the Association of Indonesian Doctors must synergize and become the task force for the Indonesian Doctors Association in controlling the running of the organization while simultaneously providing a driving force for services to the Indonesian people.   Key words: Professional organizations; Constitution; Medical practice

Ardhanariswari, Anggi; Setyadi, Hudha Bagus

DINAMIKA HUKUM 2023 Universitas Stikubank

The updated category in the ASN Law, namely Government Employees with Work Agreements, is a matter of controversy, especially on the issue of Termination of Employment (PHK). Which in this case raises aspects that are confronted starting from the professionalism of work to how the legal protection covers it. In this article, we will discuss the position of government employees with work agreements, what kind of legal protection covers PPPK in the event of termination of employment, and what legal steps can be taken to object to layoffs. In accordance with the description of the background and discussion, it can be concluded that the position of the PPPK as an employee of the State Civil Apparatus who is appointed as a Personnel Supervisor Officer according to the needs of government agencies who also have almost the same rights as civil servants. However, PPPK's legal protection is still in the development stage, so there is a need for further improvement and development to increase legal protection for PPPK and ensure that their rights are optimally protected. This is in line with PPPK's status which is still contractual so that its rights are not as strong as those of permanent civil servants. Therefore, efforts are needed to strengthen legal protection for PPPK in order to improve the welfare and work stability of PPPK and improve the quality of public services. One effort that can be done is to provide clearer job security guarantees for PPPK, as well as provide equal legal protection to permanent civil servants. With legal certainty that guarantees and optimizes this, of course this is also in line with good governance.

Kusuma, Adam Prawira Abdi; Rayveda Yudhistira, Raka; Kurniaputra, Sesarius Noveno Dylan

DINAMIKA HUKUM 2023 Universitas Stikubank

The issue of blocking internet services in Papua in 2019 has been in the public spotlight for quite a long time. The blocking carried out by the government raises questions about legal certainty, public interest in the principles of good governance. The principle of legal certainty is an important basis for the policy on blocking internet services in Papua, where this principle requires that the policies implemented must comply with applicable law, including clear procedures, predictability, and access to adequate information. In addition, service blocking must be based on a strong and transparent legal basis. The public interest must be an important consideration in blocking these internet services. The government must be able to maintain between individual interests and public interests. Even though the blocking has reasons such as national security or critical shelter, it still has to pay attention to the impact on individual human rights, freedom of speech and access to information. The realization of good governance is an important principle in the blocking. Good governance refers to good, transparent, accountable, participatory and fair governance. The government must involve the public in the process of making policies related to blocking internet services, such as accurate information, public consultation, and consider input from various related parties.  

Yulin Kamumu; Nirwan Junus; Dolot Alhasni Bakung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The Complete Systematic Land Registration Program (PTSL) carried out by the government based on Minister of Agrarian Regulation number 6 of 2018 is the first land registration activity carried out simultaneously for all land registration objects throughout the territory of the Republic of Indonesia in one village/kelurahan or other name. at the same level, which includes the collection of physical data and juridical data regarding one or several land registration objects for registration purposes with the aim of providing legal certainty and legal protection of land rights in a definite, simple, fast, smooth, safe, fair, equitable and open manner. and accountable so that it can improve the welfare and prosperity of society and the country's economy as well as reduce and prevent land disputes and conflicts. The research method used in this research is sociological juridical legal research and descriptive analysis with a qualitative approach. The results of this research show that the mechanism for implementing the Complete Systematic Land Registration Program (PTSL) by the Boalemo Regency Land Office has been carried out based on the procedures mandated in the Regulations. Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration which includes: Planning Stage, Location Determination, Preparation, Formation and Determination of the PTSL Adjudication Committee and Task Force (SATGAS), Counseling, Collection of Physical Data and Data Juridical, Juridical Data Research for Proving Rights, Announcement of Physical Data and Juridical Data and Validation, Completion of PTSL Activities, Confirmation of Conversion, Recognition of Rights and Granting of Rights, Bookkeeping and/or Issuance of Certificates, Documentation and Submission of Activity Results and Reporting of PTSL Activity Results. Although the mechanism for implementing the Complete Systematic Land Registration Program (PTSL) by the Boalemo Regency Land Office has been carried out in accordance with procedures. Thus, at the implementation level there are still obstacles in implementing the Complete Systematic Land Registration Program (PTSL) which is oriented towards quantity targets which makes it possible to ignore quality. As for the obstacles faced, both internal obstacles are obstacles faced by the Boalemo Regency Land Office that come from within the agency and External Obstacles are obstacles faced that come from outside the Boalemo Regency Land Office agency.

Joni Laksito; Rengga Kusuma Putra

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Objective: to determine trends in consumer legal protection in the digital economy era from various industries in Indonesia based on article reviews. Method: secondary data in the form of articles that match the research objectives with a publication period of 2014-2023, obtained online from Emerald, Elsevier, and Google Scholar. The analysis was carried out using Systematic Literature Review (SLR), using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) approach. Results: The data search obtained 341 articles, and those that met the inclusion criteria were 9 (nine) articles with publication years 2019–2023 , in the fields of e-commerce, fintech, and online transportation. Article on cases of transactions via e-commerce and online transportation using UUITE No. 19 of 2016, and UUPK no. 8 of 1999. This regulation has not been able to meet increasingly dynamic market conditions and very sharp competition in the business world, so it has not been able to provide legal certainty to consumers. Problems in the fintech P2P lending sector use the legal basis of POJK No. 77 of 2016 concerning Information Technology-Based Money Lending Services. Regarding this regulation, it is still subjective, so it cannot provide protection to customers. In fact, there are still many illegal fintech loans found, thus outside the responsibility and authority of the OJK. Novelty: trends obtained from previous research regarding consumer legal protection. Future Research Agenda: conducting a study on the future of law in the digital economy era regarding obstacles in harmonizing various regulations.

I Gede Yudi Arsawan; Emil Maula

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Abstract. Tax is one of the state's incomes that has a large contribution to state finances compared to other state income. In the implementation of tax collection, it is not uncommon for there to be various kinds of disputes between the tax authorities and the public who are taxpayers, which are called tax disputes. Tax dispute resolution is resolved through a judicial institution called the Tax Court. However, currently the authority for guidance over the Tax Court is still carried out by the Ministry of Finance and the Supreme Court, even though the Tax Court is part of the judicial institution. This research uses a type of juridical-normative research which focuses on the use of secondary data. This type of research is a procedure for finding the truth based on the logic of legal science from a normative point of view. The results of this research found that after the Constitutional Court Decision Number 26/PUU-XXI/2023, the full authority to guide the Tax Court had to be transferred to the Supreme Court. It is recommended that the implementation of the transfer of guidance authority be carried out in stages as soon as possible in order to provide legal certainty regarding the long-standing overlap of authority between the executive and judicial powers towards the Tax Court which should be purely part of the judiciary.   Keywords: government power, guidance, tax court   Abstrak. Pajak merupakan salah satu income negara yang memiliki sumbangan besar terhadap keuangan negara dibandingkan dengan pendapatan negara lainnya. Dalam pelaksanaan penagihan pajak, tidak jarang terdapat berbagai macam perselisihan antara fiskus dengan masyarakat yang merupakan wajib pajak yang disebut dengan sengketa pajak. Penyelesaian sengketa pajak diselesaikan melalui sebuah institusi peradilan yang disebut Pengadilan Pajak. Namun saat ini kewenangan pembinaan atas Pengadilan Pajak masih dilakukan oleh Kementerian Keuangan dan Mahkamah Agung, padahal Pengadilan Pajak merupakan bagian dari lembaga yudikatif. Penelitian ini menggunakan jenis penelitian yuridis-normatif yang menitikberatkan pada penggunaan data sekunder. Penelitian jenis ini adalah prosedur untuk menemukan kebenaran yang didasarkan pada logika keilmuan hukum dari sudut pandang normatif. Hasil penelitian ini menemukan bahwa pasca Putusan MK Nomor 26/PUU-XXI/2023, maka kewenangan pembinaan Pengadilan Pajak sepenuhnya harus dialihkan ke Mahkamah Agung. Disarankan agar pelaksanaan peralihan kewenangan pembinaan tersebut dilaksanakan secara bertahap sesegera mungkin demi memberikan kepastian hukum terhadap tumpang tindih kewenangan yang sudah lama sekali terjadi antara kekuasaan eksekutif dan yudikatif terhadap Pengadilan Pajak yang seharusnya murni sebagai bagian dari yudikatif.   Kata kunci: kekuasaan pemerintahan, pembinaan, pengadilan pajak

Erwin Widhiandono; Rosa Widya Ningtyas

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Indonesia, as a rule of law country, establishes the conduct of General Elections (Pemilu) based on Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia: "General Elections shall be conducted directly, publicly, freely, confidentially, honestly, and fairly every five years." Elections are a form of democracy that underpins the sovereignty of the people, empowering them to play a crucial role in determining the government through the voting process. To ensure honest and fair elections, electoral supervision is of paramount importance. Electoral supervisors are tasked with overseeing and safeguarding all stages of the elections, ensuring compliance with the principles of direct, public, free, confidential, honest, and fair elections. Additionally, they ensure that the electoral organizers operate independently, honestly, fairly, with legal certainty, order, transparency, proportionality, accountability, effectiveness, and efficiency. The Election Supervisory Body (Bawaslu) plays a central role in overseeing the implementation of electoral stages and handling violations that may occur. This research employs the juridical-empirical method, which examines the actual conditions. The primary data sources are direct interviews with relevant parties, while the secondary data is based on laws, regulations, and data from the Election Supervisory Body of Blitar City.The research findings reveal the efforts of Bawaslu Blitar City in realizing participatory supervision in preparation for the 2024 simultaneous elections, including: a. Participatory Supervision for First-time Voters in High Schools, b. Participatory Supervision Education for the Academic Community of Blitar City, c. Involvement of Alumni of the Participatory Supervision Training Center. Despite the significance of participatory supervision, its implementation faces various challenges, such as low public participation in election supervision, the increasing complexity of election violations, and the lack of a comprehensive supervision curriculum by Bawaslu to equip the involved community in electoral supervision.

Erniyanti Erniyanti; Yulia Hardhiyanti Putri

Quarantine is a system of preventing the entry, exit, and spread of quarantined animal pests and diseases, as well as supervision and control of food safety and food quality, feed safety and feed quality, Genetic Engineering products, Genetic Resources, Biological Agents, Invasive Foreign Species, Wild Plants and Animals, and Rare Animals that are introduced into, spread from one area to another area, and removed from the territory of the Unitary State of the Republic of Indonesia. To maintain, protect, and improve the quality of animal/livestock resources, animal/livestock health, animal welfare, and the provision of safe, healthy, whole, and halal (ASUH) food of animal origin, as well as maintaining peace or eliminating/preventing public unrest, it is necessary to provide guidance, regulation, control, and supervision of livestock businesses and animal health services. To create a conducive business climate and legal certainty in animal husbandry and animal health, it is necessary to regulate the mechanisms and procedures for licensing livestock and animal health businesses in the regions. The problem faced by the Batam Class I Agricultural Quarantine Center is caused by cows entering Batam Island that do not have an entry permit and are not by Law Number 21 of 2019, which states that every entry or release must be carried out through a designated Place of Entry and Place of Expenditure.

Ni Luh Putu Sudarini; dewa gede pradnyana yustiawan

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

Decision of the Constitutional Court Number 20/PUU-XIV/2016 states a lawsuit if civil procedural law applies to evidence. This is because there are differences in the law of proof with civil and criminal procedural law and considering the validity of evidence as a matter of procedural law also affects the legality of making documents, especially with electronic documents. Based on this description, the researcher makes several notes, especially regarding the certainty of an electronic contract law in Indonesia and the legality of e-contracts as evidence from a civil law point of view. The research results form the basis of legal certainty for electronic contracts in Indonesia based on article 5 of Law No. November 2008 concerning information and electronic transactions stipulated by the Constitutional Court Decision No. 20/PUU-XIV/2016, still based on the legality of electronic contracts used as evidence from a civil law perspective sourced from the decision of the Constitutional Court 20/PUU-XIV/2016 and provisions related to contracts in general are contained in the Civil Code.

Habibah Zulaiha

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

These are designed to identify and test the differences of two groups or more. Studies are conducted to compare a variable, between different subjects and different times and find causal links. Concerning the lawyer as legal aid, or a law service to a community or a client who faces the legal problems that are sorely needed as society grows in awareness of the law and the complexity of legal matters. The purpose of this study is to know the normative juridical analysis on the settling of inheritance disputes district court at Kediri City (lawyer's service comparison study and without lawyer's service). The focus of the problem in this study is that what role uses a lawyer’s service and without the lawyer’s service in the process of ending inheritance at Kediri City district court. What are some obstacles using a lawyer’s service and without a lawyer’s service in the process of ending inheritance at Kediri City district court. The research method uses a normative juridical research. In this method, a consideration of the research specialty includes a descriptive analysis that sets out discussion of the study for obtaining legal certainty associated with a lawyer’s service and without the lawyer’s service with his clients, linked to the rules of law and civil law practice and inheritance. The country with a majority moeslem heir according to Islamic doctrine is also written in section 176-185 of KHI (compilation of Islamic law). Some important items of inheritance are listed in the chapters of this law. An advice for the community, before taking a decision to use the lawyer’s service, the client must be good at choosing the lawyer’s service whether it is according to the procedure or vice versa. If it is understandable and correct so that there are no misconceptions of perception that can hurt the society, for some mistakes of taking a decision using the lawyer’s service.  

Adillah Sofiya Ananda; M Difach Hazairin; Syakira Rifdahayani Yoes

Public Service And Governance Journal 2023 Universitas 17 Agustus 1945 Semarang

Istishab is a legal principle in the Shariah economic system that plays a crucial role in establishing justice and security in economic transactions. This principle respects the validity of the law in a transaction as long as there is no clear and strong evidence to the contrary. Istishab serves in ensuring legal certainty, protecting the rights of involved parties, preventing doubts and confusion, supporting principles of justice, and minimizing controversies and disputes in Shariah economic transactions. Additionally, it upholds legal continuity and reinforces products and services that adhere to Shariah principles. The research methods employed include literature review, comparative analysis, case studies, surveys, and interviews.

Mericiana Yulita Fin Tae; Benediktus Peter Lay; Ernesta Uba Wohon

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

. Land rights are rights that are obtained from a legal relationship between the right holder and the land, including space above the ground and or space under the ground. The understanding of land rights is one of the individual rights to land, namely rights that give authority to the holders of the rights, whether individually or also as a group of people collectively or as a legal entity, to use in the sense of controlling, using and or taking advantage of certain land parcels. Ownership of land must have legal certainty, both customary law and land law or positive law concerning the certainty of land rights as property rights so as not to cause conflict. The method used by the author in collecting data is through surveys, interviews and studies of primary literature (books that talk about soil) and secondary literature (supporting books). Survey is a quantitative research using the same structured questions for everyone, then all the answers obtained by the researcher are recorded, processed, and analyzed.

Vinsensius Tamelab; Maria Viviana Ero Payon; Benediktus Peter Lay

Student Scientific Creativity Journal 2023 Pusat Riset dan Inovasi Nasional

For life man , land have very important role Because in reality will relate forever between man with ground . From aspect social , land No only function as source livelihood for inhabitant society , however also works as place stay or place reside . Problems that arise is , until moment This Still Lots inhabitant society that hasn't get guarantee certainty law right on land , in particular inhabitant new former East Timor. Government action post conflict ask opinion 1999, is with programa settlement return (resettlement). But this program felt Not yet Enough answer problem inhabitant new . why ? Because it's needed public No only question place stay , however more from That is certainty hukm  right on their land _ occupy . Because That Country with authority , has responsibility For  provide , regulate , protect , as well as ensure certainty  law to its citizens , in order for rights on land  Can fulfilled or not violated . Mandate enacted constitution _ in Article 33 paragraph 3 and the Law Main points Agrarian No. 5 Year 1960 to be instrument law for the State ( Government ) to ensure well-being for all Indonesian people.

Risda, Dianni; Nurdin, Encep Syarif; Ruyadi, Yadi

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2023 Prodi PPKn Universitas Slamet Riyadi

    This study seeks to provide argumentative information regarding the reality of obstacles, challenges, strategies, and efforts in shaping the character of bureaucrats who have good morals, as well as to rationalize the importance of using technology, information, and communication in public services. This research was carried out through a qualitative approach with literature study methods, data analysis, namely, reduction, display, and verification or conclusion. The results of the research are: 1) dynamic and complex obstacles and challenges, leading to the reality of bureaucratic competence, mental distortion of serving , the Industrial Revolution 4.0, as well as legal certainty, 2) strategies and efforts in shaping the character of moral, capable bureaucrats through education and training, increasing technology literacy, supervision programs, and policies on welfare, 3) in the modern era, the bureaucracy needs to optimize technological progress , information and communication, to be effective and efficient, to be agile and professional. So that the formation of bureaucrats with character is an alternative solution in overcoming the stigma and stereotypes about the world of bureaucracy which is seen as rigid, conventional, procedural and pragmatic, so that it turns into world-class governance and public services.

Nirwan Junus; Mutia Cherawaty Thalib; Nurul Fazri Elfikri; Suwitno Yutye Imran; Dolot Alhasni Bakung

Jurnal Pelayanan Hubungan Masyarakat 2023 International Forum of Researchers and Lecturers

Waqf is a waqif legal act to separate and or give part of one's property to be used forever or for a certain period of time in accordance with the interests of worship and or general welfare according to sharia. In order to avoid disputes and problems related to waqf goods or land and to clarify their legal status, waqf goods must be registered and certified. Waqf Land Certification is the process by which the National Land Agency issues Waqf Land Certificates after Nazhir submits a Waqf Land Registration. Article 39 of Government Regulation Number 42 of 2006 concerning Implementation of Law Number 41 of 2004 concerning Waqf contains provisions concerning registration of land ownership certificates, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 2 of 2017 concerning Procedures for Land Registration Waqf at the Ministry of Agrarian Affairs and Spatial Planning. Related to the importance of the legitimacy of a land, it often triggers legal problems, namely that land owned by the community has not been registered as a result of a lack of understanding of the importance of waqf land certification. Taking into account the legal issues above, the Community Service Team at the Faculty of Law, State University of Gorontalo carried out this community service activity as an effort to increase Community Legal Awareness Regarding Waqf Land Certification to Guarantee Legal Certainty..

Hasirudin Hasri; Al Hiday Nur; Hayun Hayun; Rizwan Rizwan; Nanda Rosmaya

Perspektif: Jurnal Pendidikan dan Ilmu Bahasa 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Licensing for road transport is an effort to accommodate legal certainty and rights for road transport owners so that it can operate properly. Basically efforts to control licensing can also make a real contribution to Buton Regency's own-source revenue (PAD) in the service sector, thus making the Buton Regency Transportation Agency the main instrument in minimizing violations of route permits and order in public transportation in Buton district which It has quite intense traffic activity. This effort makes the people of Buton district orderly in the field of licensing in terms of transportation, indirectly this can be used as a measure of the success of the Buton Regency Transportation Service as one of the cogs of good government. Legal Review of Traek Permit Violations (Study at the Buton Regency Transportation Service), The main objectives of this research are (1) to find out technically how the arrangements are made by the Buton Regency Transportation Service in implementing route permits in Buton Regency; (2) To find out the factors that led to violations of route permits in Buton Regency and the forms of settlement that occurred.  

Litha Febian Anggi Pratama; Erik Edwar Firdiyansyah; Sumriyah Sumriyah

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

Merger or in English it is called Merger is one of the methods carried out as part of restructuring in addition to various other forms. Merger is a new trend carried out by companies that are in the developing stage to develop a company to expand the company's target market. In carrying out a company merger, of course there is a company that is more dominant and stronger and on the one hand there is a company that is positionally weaker. So that the parties that carry out the merger are two companies that have dominance and a minority that are used to strengthen the company under one umbrella of business entity. If viewed from the financial aspect, the position is divided into two, namely majority shareholders and minority shareholders. . This of course results in unfair business competition so that in overcoming fair business competition in the financial aspect, legal protection must be given to weak parties in terms of Law No. 40 of 2007 concerning Limited Liability Companies, which UUPT provides legal protection minority shares stipulated in Article 37 Paragraph 1, Article 62, Article 126 with the aim of achieving usability, certainty and justice in accordance with legal objectives.

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.