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Risa Shoffia; J. Agung Indratmoko

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Disputes in share divestment in Indonesia, such as the case between the Indonesian Government and PT. Newmont Nusa Tenggara, reflect the complexity of law and economy. This dispute was triggered by differences of opinion regarding the payment mechanism for shares sold by PT. Newmont Nusa Tenggara. The government rejects the payment scheme using funds from foreign capital owners such as PT. Bumi Resources Tbk, PT. Newmont Indonesia Limited, and Nusa Tenggara Mining Cooperation, because it is considered not in accordance with national interests. This study uses the Legal Research method with a normative juridical approach as explained by Prof. Peter Mahmud Marzuki. This conflict is caused by the weakness of the Work Contract, the unclear dispute resolution mechanism, and the lack of legal certainty regarding share divestment in Indonesia. The government and PT. Newmont Nusa Tenggara remain adamant with their respective schemes—the government wants national financial resources, while PT. Newmont offers foreign capital loans. This complicates communication and joint solutions. The main issues discussed are the legality of purchasing shares using foreign loans and the need for DPR approval in the divestment of shares in closed business sectors such as coal mining.

Lian Fuad

JURNAL EKONOMI MANAJEMEN AKUNTANSI 2024 sekolah Tinggi Ilmu Ekonomi Dharma Putra Semarang

This study examines the fundraising strategies implemented by LAZISNU East Java to increase the collection of Zakat, Infak, and Sedekah (ZIS) funds. Using a qualitative approach, this research identifies both online and offline fundraising methods. Online strategies include utilizing websites, social media, and crowdfunding platforms to expand donor reach. Meanwhile, offline strategies involve fundraising through donation boxes, religious events, and collaborations with various organizations. The findings indicate that combining digital and conventional strategies can enhance donor participation, strengthen transparency, and build public trust in ZIS fund management. Factors such as institutional legality, well-structured programs, and social media utilization also contribute to the effectiveness of fundraising efforts. Thus, adaptive and innovative fundraising strategies play a crucial role in optimizing ZIS fund collection and ensuring the sustainability of philanthropic-based social programs

Sielly Budi Prameswari; Galuh Kartiko

Proceeding of the International Conference on Economics, Accounting, and Taxation 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Ethics in face-to-face discussion learning for accounting students finds new challenges when AI has been widely used. This study aims to determine the dimensions of legality, ethics, and behavior of AI use in accounting students' discussions. This study is exploratory descriptive. Primary data were collected through interview methods. Secondary data was obtained through a literature study. Respondents were 3rd-semester students of the accounting study program who had not taken the Professional Ethics course. The findings from the legal aspect show that there is a legal vacuum related to the results of AI's work. Therefore, the results of AI's work are owned by users who download it and agree to the terms and conditions that apply to the AI ​​installed on their devices. In this regard, we recommend the implementation of the Work Made For Hire Doctrine. The Ethics Aspect is still related to the legal vacuum aspect, so students need rules or initial agreements in using AI in face-to-face discussion activities. The result strengthens the evidence of deontological ethics in Accounting students. The benefits of using AI from the results of this study are to increase class activity, so that lecturers are expected to elaborate on the use of AI in their lecture methods. Another positive side of using AI is because the answers are too broad and often inconsistent, this condition triggers students’ critical thinking. On the other hand, students generally use AI to save time. Therefore, it is recommended that accounting student lecturers provide a different perspective on the importance of studying lecture material, and emphasize the assessment of each individual based on the process, not on the result.

Fani Budi Kartika; Fitri Yani; Tonna Balya; Muhsin Lambok Ilvira; Muhammad Ihsan +2 more

Jurnal Pengabdian Sosial 2024 Lembaga Pengembangan Kinerja Dosen

This community service activity aims to develop ornamental plant agribusiness in Bangun Sari Village, Tanjung Morawa District, North Sumatra, through the use of digital technology and increasing understanding of business legality. Bangun Sari Village has great potential in cultivating ornamental plants, but is still limited in terms of using technology for marketing and business management. Therefore, this activity involves training and workshops that focus on the use of social media and e-commerce platforms to expand market reach, as well as providing knowledge regarding the importance of business legality. The results of this activity show that the majority of participants succeeded in adopting digital technology to market their products more efficiently, increase their awareness of the importance of business legality, and expand their market network to outside the region and international markets. Thus, this activity not only improves digital skills, but also encourages significant social change, with agribusiness actors starting to see the potential of ornamental plant agribusiness as a professional and sustainable business. In the future, it is hoped that the application of digital technology in ornamental plant agribusiness will become more widespread, provide new economic opportunities for society, and support the sustainable growth of the agribusiness sector at the local and national levels.

Syairulan A. Radjak; Ahmad, Ibrahim; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

Khamim Hariyadi; Deni Riani; Prisna Aura Rahma Putri; Windy Amelia Wahyuni; Alviona Nurul Huda +2 more

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2024 Lembaga Pengembangan Kinerja Dosen

Business legality is something that MSMEs must have. Business legality is a business identity and a form of protection provided by the government for perpetrators MSMEs. Another benefit of legal business ownership is to expand access to MSME financing provided by the government and access to financing from banks. Problems that occur is that many MSME players do not understand how important it is to have business legality the. Apart from that, there is an opinion that managing complicated business legalities is one of them the reason why MSMEs are reluctant to take care of their legality. This service activity has the aim of:educate regarding the urgency of business legality for MSMEs. This activity was carried out in Sengon Village, Bendungan subdistrict. The results of this activity can be seen from the enthusiasm of the participants in participating technical guidance activities on the legality of MSMEs and increasing their knowledge.

Khamim Hariyadi; Deni Riani; Prisna Aura Rahma Putri; Windy Amelia Wahyuni; Alviona Nurul Huda +2 more

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2024 Lembaga Pengembangan Kinerja Dosen

Business legality is something that MSMEs must have. Business legality is a business identity and a form of protection provided by the government for perpetrators MSMEs. Another benefit of legal business ownership is to expand access to MSME financing provided by the government and access to financing from banks. Problems that occur is that many MSME players do not understand how important it is to have business legality the. Apart from that, there is an opinion that managing complicated business legalities is one of them the reason why MSMEs are reluctant to take care of their legality. This service activity has the aim of:educate regarding the urgency of business legality for MSMEs. This activity was carried out in Sengon Village, Bendungan subdistrict. The results of this activity can be seen from the enthusiasm of the participants in participating technical guidance activities on the legality of MSMEs and increasing their knowledge.

Siti Aisyah; Sumriyah Sumriyah

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of Village-Owned Enterprises or called VOE in improving the village economy has not fully carried out its role. Considering its legality as a legal entity, it is important to implement the principles of management as stipulated in Government Regulation Number 11 of 2021. This community service aims to optimize the role of VOE by providing a legal understanding of the implementation of Taman Jaya VOE governance in order to improve the economy of Taman Village. The service is carried out through socialization, by the method of presenting legislative materials which is the basis for managing VOE to managers, village officials, and the community as the target of the activity. Accordingly, the results of this community service activity, the principles of VOE management that has been regulated in laws and regulations be able to implemented properly.

Widya Hartati; Sandy Ari Wijaya; Salmi Yuniar Bahri

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Administrative Decisions (KTUN) are one of the important legal instruments issued by state administrative officials to carry out government functions. However, it is often found that KTUNs are legally defective due to violations of the principle of legality, general principles of good governance (AUPB), or applicable administrative procedures, which lead to their annulment by the State Administrative Court (PTUN). This study aims to analyze the legal basis and the form of legal responsibility in the administration of State Administrative Decisions (KTUN) that have been annulled. This research uses a juridical-normative method with an approach based on laws and regulations and legal doctrines. The study shows that the annulment of KTUNs by PTUN is usually caused by procedural and substantive violations, such as issuing decisions beyond authority or not meeting formal requirements. In the context of legal responsibility, the agency issuing the KTUN is obligated to retract the decision, restore the rights of the affected parties, and issue a new decision that complies with the law. Furthermore, the officials at fault may be subject to administrative sanctions, ranging from a warning to dismissal, depending on the severity of the error. State administrative officials whose KTUNs have been annulled must fulfill their legal responsibility by revoking or correcting the KTUN, restoring the rights of the affected parties, providing compensation, and implementing administrative sanctions if necessary. Additionally, criminal liability may apply if there is an element of abuse of power. This finding underscores the importance of compliance with the principles of AUPB and positive law in every administrative action to prevent harm to society.

Nur Sri Maryam DM

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Customary law existed long before Indonesia became independent. This system is a reflection of the noble values ​​believed in by indigenous peoples, such as mutual cooperation, kinship and respect for others. This research aims to analyze the principles of customary law that can be integrated into the formal justice system to support the development of a restorative justice system in Indonesia and the main challenges faced in implementing customary law as part of the restorative justice system in Indonesia and how to overcome them. The research method uses normative research methods and secondary data. Integration of customary law principles into the formal justice system can be done in various ways, such as adopting restorative principles, building hybrid models, increasing recognition of legality, involving communities, aligning with human rights, and applying local approaches in certain cases. The implementation of customary law as part of the restorative justice system in Indonesia faces various challenges, but with a strategic and adaptive approach, these challenges can be overcome.

Ade Onny Siagian; Ramlani Lina Sinaulan; Joko Sriwidodo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In a company, it will always be connected to third parties and want to protect the company that is run honestly ("te goeder trouw"), so the legality of a company is important in business activities. The legality of a company or business entity is the most important element, because legality is the identity that legalizes or validates a business entity so that it is recognized by the public. The legality of the company must be valid according to laws and regulations, where the company is protected or covered by various documents until it is legal in the eyes of the law. Forms of Company Legality There are several types of identities that legalize a business entity, including: company name, company brand, and trade business license. While the benefits of company legality are as a means of legal protection, a means of promotion, proof of compliance with the law, making it easier to get a project and facilitating business development. The large number of companies that are established without legalizing the company is very detrimental to other companies that run their business activities honestly.

Jureid Jureid; Mukhlis Mukhlis

Jurnal Nusantara Berbakti 2024 Universitas Kristen Indonesia Toraja

The community empowerment program through traditional panyaram cake-making training in Barbaran Village, Panyabungan Barat District, Mandailing Natal Regency, aims to enhance the entrepreneurial skills of housewives and strengthen community-based economics. Despite its potential, Barbaran Village faces challenges due to limited skills and access to training. The program is carried out in three stages: preparation, implementation, and mentoring. The preparation stage involves identifying targets, forming groups, and planning activities. The implementation phase includes practical training in making panyaram cakes, guided by experienced instructors. Finally, the mentoring stage provides participants with business tools and support in managing business administration. This program significantly improved participants' skills in producing high-quality panyaram cakes, attractive packaging, and understanding entrepreneurship, including business legality. It also boosted participants’ self-confidence and social solidarity, paving the way for new business opportunities and enhancing family welfare. By optimizing local resources, the program enables the women of Barbaran Village to establish panyaram cakes as a flagship product and compete in the local market. The program’s sustainability is expected to create local job opportunities, foster independent economic growth, and support the community's long-term development. This initiative highlights the potential of traditional culinary products to drive community empowerment and economic resilience.

Habib Naufal Firdaus; Diana Airawaty

Jurnal Pelayanan dan Pengabdian Masyarakat Indonesia (JPPMI) 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The support for MSMEs (Micro, Small, and Medium Enterprises) is carried out through two different activities focused on business legality and the introduction of simple bookkeeping. First, a mentoring program for the use of the Buku Warung app helps MSMEs manage financial reports flexibly and efficiently. Through this training, MSMEs can record finances via a mobile app instead of manually, allowing for more consistent and streamlined record-keeping. Second, a mentoring program for obtaining a Business Identification Number (NIB) guides MSMEs in understanding the importance of NIB and the process to acquire it, which can open up access to funding and boost their economic growth. These two programs aim to strengthen MSMEs’ capacity in operational efficiency and business legality.

Laila Nadia; Sumriyah Sumriyah

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.  

Irma Mardian; Kartin Aprianti; Wahyu Sa’ban; Susi Susanti; Nurul Istiqamah +3 more

Jurnal Pelayanan dan Pengabdian Masyarakat Indonesia (JPPMI) 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

Micro, Small and Medium Enterprises (MSMEs) can be the backbone of a country's economy, because their form of business can revive a declining economy. The method used is to conduct a survey to determine the condition of needs of MSME actors in Salama, Na'e District, then analyze problems that occur among MSMEs and determining programs to overcome existing problems. From the analysis that has been determined, the solution that can be implemented is to provide socialization and assistance in creating NIBs through OSS for Micro, Small and Medium Enterprises. The assistance activity in creating Business Identification Numbers (NIB) for MSMEs in the Salama area, Na'e sub-district, Bima city, succeeded in increasing business actors' understanding of the importance of business legality. Of the MSMEs in Nae Village, especially the Salama Ward, it was recorded that 20 had succeeded in having NIBs where making NIBs through the OSS system can be done easily and quickly. This mentoring activity provides wider access to government assistance and capital.

Khusnul Khusy Pit’ay; Aksi Sinurat; Debi F. Ng. Fallo

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Timorese tribe has a pamali or prohibition not to be related or marry the same clan in one tribe or blood relations for people who are related by blood will be subject to customary sanctions by the traditional chief. The case of incest rape occurred in Nuapin Village, Fatumnasi District, South Central Timor Regency, this rape resulted in the victim experiencing an unwanted pregnancy by the victim and her family because the victim was pregnant with a child from her blood family which is prohibited in Timorese customary law, so she chose to have an abortion. Law No. 36 of 2009 concerning health and its Implementing Regulations excludes the act of abortion due to rape even though it is prohibited in the Criminal Code. In this case, the act of abortion is carried out as a result of incest rape and will be reviewed based on customary criminal law. The type of research used in this study is empirical research with a sociological juridical approach, namely field research whose object is about events and phenomena that occur in society. Data collection was carried out with two events, namely interviews with 4 people and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) The existence of criminal law prohibits the legalization of abortion due to incest rape, abortion is only allowed in emergency medical conditions in accordance with Law Number 36 of 2009 and Government Regulation Number 61 of 2014. (2). The legality of customary criminal law for abortion due to incest is carried out in Nuapin Village because it is considered to violate customary and pamali law.  

Alfina Damayanti; Moh. Soleh

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

UMKM in Jarin Village, Pamekasan Regency face various challenges in developing their businesses. One of the challenges faced is the suboptimal protection and development of their businesses, many of which do not yet have a NIB or even a PIRT. The investigative approach employed is a type of empirical legal inquiry utilizing a field study methodology (Field Research). Data gathering for this investigation involved various techniques such as interviews, observations, and literature reviews. The study's location is situated in Jarin Village, within the Pademawu District of Pamekasan Regency. The data analysis technique applied in this research is descriptive-qualitative. Findings from the study during the MBKM KKNT indicated that the UMKM present in Jarin Village, Pademawu District, Pamekasan Regency are limited in number, only a handful. Among these is an UMKM focused on the Krupuk Opak and Jagung Goreng venture, which maintains a marketing scope that remains at the regional tier. Furthermore, business operators have yet to secure a PIRT certificate, despite the fact that legally, those in the food or snack industry are mandated to acquire PIRT in accordance with the Food and Drug Supervisory Agency Regulation Number 4 of 2024 related to Guidelines for Issuing Certificates of Commitment Fulfillment for Home-Processed Food Production, therefore KKNT participants provide assistance to the Pamekasan Regency Health Office for the issuance of PIRT. It is proven that after obtaining a P-IRT permit, the product marketing network has increased and sales have increased and the legality of the business is strong.  

Jahtra Solin; Dani Sintara

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Abuse is a crime against the body (physical). The word abuse as stated in the Big Indonesian Dictionary (KBBI) is arbitrary treatment (torture, oppression, and so on). From this definition, it is expanded again in terms of meaning, namely concerning "inner" or "feelings". The purpose of this study is to find out how criminal responsibility is imposed on perpetrators of abuse that causes minor injuries as regulated in Indonesian criminal law regulations The type of research used in this study is empirical legal research, namely legal research conducted by directly examining or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained from this study were analyzed using qualitative analysis, namely describing the existing realities based on the results of the study by systematically describing them to obtain clarity and facilitate discussion. Based on the results of the study, criminal responsibility for perpetrators of minor abuse that causes minor injuries in Indonesian criminal law is a combination of the application of basic principles of criminal law such as the principles of legality, proportionality, and intent, as well as flexibility in determining appropriate sanctions based on mitigating or aggravating factors. Ordinary assault is regulated in Article 351 of the Criminal Code, while minor assault is regulated in Article 352 of the Criminal Code. Premeditated and serious assault have stricter provisions, with heavier sanctions for the perpetrators. Based on the results of the research that has been conducted, it can be concluded that: Criminal liability for perpetrators of assault that causes minor injuries is regulated in the Criminal Code (KUHP), especially Article 352 of the Criminal Code. The judge's considerations in decision number 1748/Pid.B/2023/PN Lbp.

Jesycha Nasrani Lussy; Jeffry A. Ch. Likadja; Elisabeth N.S. Bota Tukan

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the legality of foreign investment registration in the online single submission risk based approach (Oss-RBA) system in Indonesia. This research is a normative research using primary, secondary and tertiary legal materials collected by tracing or searching and documentation studies, the legal materials that have been collected are processed and analyzed in several stages, namely inventory, identification, classification and systematization. The results of the study show that (1) Law Number 25 of 2007 concerning investment has been in compliance with TRIMs. (2) Foreign investment business licenses in the Oss-RBA system are not considered to violate TRIM's because they are not regulated in the illustration of the violation of the TRIM's agreement.     

M. Rifky Syahmanda; Muhammad Wijdan Wiradibrata; Ghifari Muttaqien Dermawan Pramono

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Gestational surrogacy is a form of surrogacy in which a woman carries and gives birth to a child without any genetic relationship to the baby. In this process, the egg from the biological mother and the sperm from the biological father are combined through in vitro fertilization (IVF), and the resulting embryo is implanted into the surrogate mother's womb. After giving birth, the surrogate mother hands the baby over to the couple or individual who arranged the surrogacy, in exchange for financial compensation for her service. Although gestational surrogacy offers several benefits, this practice raises numerous questions from an Islamic perspective, such as its legality, the lineage of the child born, and the social and ethical impact it has on the Muslim community. This paper focuses on analyzing Islamic views on gestational surrogacy and the accompanying implications of Sharia law. The article employs a qualitative method with discussions covering the definition of surrogacy from an Islamic perspective, Sharia legal analysis of surrogacy practices, as well as the social and ethical impact that arises in the Muslim community.