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Kadek Yogi Arya Agustama

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research examines the urgency of implementing the principle of joint liability in outsourcing labor relations in Indonesia following the enactment of Law Number 6 of 2023 concerning Job Creation. The primary issue addressed is the imbalance in the protection of workers' normative rights when service providers default, while user companies tend to distance themselves from legal responsibility due to the absence of a direct contractual employment relationship. The research methodology employed is juridical normative, utilizing a statutory approach and a conceptual approach. The results indicate that the flexibility of the outsourcing system in recent regulations often overlooks aspects of job security and worker welfare. The application of the joint liability principle is viewed as a fair legal solution to ensure that fundamental worker rights, such as minimum wages, social security, and compensation, remain fulfilled despite financial constraints on the service provider's side. The integration of responsibility between provider and user companies not only provides a guarantee for the workforce but also encourages the creation of a more ethical and responsible business climate. The research conclusion emphasizes that to achieve a balance between business efficiency and labor protection, national regulations need to clarify the position of collective responsibility in outsourcing practices in Indonesia.

Panji Maulana; Muhammad Insa Ansari; Teuku Saiful

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.

Ivan Adhi Prasetyantono; Adrianus Reven Salude; Marzella Mutiara Putri

Journal of Civil Criminal Law 2024 International Forum of Researchers and Lecturers

The capital market is one of them part important in representation condition country's economy. In the capital market there are several instruments are traded, one of which is is mutual funds. Mutual funds become enough choice​ interesting for society, however there is case fail pay that mutual fund investors experience​ loss. Case fail pay product mutual funds viz fail pay consequential RDT assets debt securities issued by PT. Tridomain Performance Materials Tbk Study This use method approach juridical normative that is study law literature carried out with method research material References or secondary data as base For researched with method stage search to regulation legislation and related literature​ with the problems studied. And using secondary data as base For researched. Protection law can done with use protection law preventive and repressive in case investment mutual funds as form protection to investors from government. Losses experienced by investors as a result fail pay PT. TDPM to MMI, shows that TDPM has not quite enough answer as you can form pay whole obligations and compensation make a loss as well as accept all possible sanctions​ form administrative, civil, up to criminal. Protection law preventive can seen with exists regulation established legislation​ such as the Capital Markets Law, P2SK Law, POJK 48/2015, POJK 31/2015, and others. Protection law repressive form enforcement penalty from administrative even until bankruptcy. Not quite enough answer must carried out by TDPM viz pay obligation along with flower in accordance agreement debt restructuring up to imposition penalty. And necessary see form MMI's responsibility as Manager Invest in cases This.    

Sandra Aprilian

Notary Law Research 2024 Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Notaries should be responsible for drafting and issuing credit agreements between banks and debtors in order to provide legal certainty for all parties involved. In an effort to achieve legal certainty, especially in banking credit agreements with standard clauses, Notaries must ensure that their duties are carried out in accordance with applicable principles and provisions. This research aims to analyze unbalanced standard clauses in credit agreements made by Notaries and to examine the liability of Notaries for credit agreements that utilize standard clauses. The approach method used is the doctrinal legal research method, using literature examination or secondary data to examine relevant regulations and literature. The preparation of this research uses an analytical descriptive approach which aims to explain the data or describe the object of the problem being studied. The results of the research show that the responsibility of the Notary for credit agreements that apply standard clauses is that if the agreement made by the Notary has elements of unlawful acts, the Notary has an obligation to be responsible in accordance with civil provisions by providing compensation to parties who lose as a result of the agreement in accordance with the provisions stipulated in Article 84 of Law Number 2 of 2014 concerning Notary Offices.

Juan Dicky A. Sukatendel; Yudho Taruno Muryanto

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The capital market is an important part of representing the country's economic conditions. In the capital market there are several instruments that are traded, one of which is mutual funds. Mutual funds are quite an attractive option for the community, but there are cases of default that make mutual fund investors suffer losses. This research uses a normative juridical approach method, namely library legal research conducted by examining library materials or secondary data as a basis for research by conducting a search for laws and literature related to the problems studied. Legal protection can be done by using preventive and repressive legal protection in mutual fund investment cases as a form of protection to investors from the government. The losses suffered by investors due to the default of PT TDPM to MMI, indicate that TDPM has a responsibility that can be in the form of paying all obligations and compensation and accepting all sanctions that can be in the form of administrative, civil, to criminal. Preventive legal protection can be seen in the existence of laws and regulations such as the Capital Market Law, P2SK Law, POJK 48/2015, POJK 31/2015, and others. Repressive legal protection is in the form of enforcement of sanctions from administrative even to bankruptcy. Responsibility must be carried out by TDPM, namely paying obligations along with interest according to the debt restructuring agreement until the imposition of sanctions. And it is necessary to see the form of MMI's responsibility as the Investment Manager in this case.

Randi Randi; Weny Almoravid Dungga; Dolot Alhasni Bakung

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

This study aims to determine civil liability related to default in article 7 letter f of law No. 8 of 1999 concerning consumer protection at PT. Hj. Warni Niode Palu, as well as to know and understand the process of resolving disputes related to this default through ADR (Alternative Dispute Resolution), namely dispute resolution outside the court. This type of research is a normative-empirical research, namely research conducted by conducting field research, and using a quantitative approach to primary data and secondary data. Primary data includes interviews with the parties concerned, namely PT. Hj. Warni Niode Palu as a provider of transportation services and service users (consumers) and secondary data includes a search of the literature as a support for the main data. Based on the results of the study, the researchers concluded that the responsibility of the Freight Forwarding Services of PT. Hj. Warni Niode is based on Article 7 letter F of Law no. 8 of 1999 concerning Consumer Protection, namely the provision of compensation for compensation for traded services, has proven to be not optimal, PT. Hj. Warni Niode does not provide compensation in accordance with the amount of losses suffered by PT. Sari Jasa. Therefore, PT. Hj. Warni Niode was declared in default because it was not in accordance with what had been agreed upon and mutually agreed upon. The solution sought is a settlement through Alternative Dispute Resolution (ADR), especially mediation, as an efficient and fair way of resolving disputes between PT. Hj. Warni Niode and PT. Sari Jasa to avoid time-consuming litigation.