Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Tinjauan Hukum Progresif terhadap Kesepakatan Partial Settlement
Get PDFThe The partial settlement provision is a new provision in Supreme Court Regulation (PERMA) No 1 of 2016 which has not been regulated in previous regulations, which is an interesting discussion that must be examined from a progressive legal perspective. The aim of this research is to test progressive legal theory regarding the renewal of partial settlement provisions in Supreme Court Regulation (PERMA) Number 1 of 2016. The research method in this research is normative juridical research with a conceptual approach using library data collection techniques or library research. The results of this research show that the update to Perma Number 1 of 2016 concerning partial settlement provisions has fulfilled the basic ideas of progressive law. Partial Settlement Provisions for a portion of the entire object of a case or lawsuit can create ideal law. The parties can resolve the legal consequences that arise peacefully, after the main lawsuit and will reach a happy ending. Partial settlement provisions will realize the function of mediation, namely as a peaceful settlement and provide ample space for the parties to reach a wise and fair settlement
Perlindungan Hukum terhadap Anak Korban Eksploitasi Secara Seksual dalam Perspektif Peraturan Perundang-Undangan di Indonesia
Get PDFThe problem of sexual exploitation of children is not just a medical issue, but also involves many aspects, including religion, psychology and law. For this reason, this research was carried out with the aim of knowing and analyzing the regulations for legal protection for child victims of sexual exploitation and policy formulation for legal protection for child victims of sexual exploitation in the future. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. Analysis of legal materials is carried out by interpreting, evaluating and assessing all statutory regulations and relevant legal materials. The results show that the regulation of legal protection for child victims of sexual exploitation is not clearly regulated either in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System and policies for formulating legal protection for child victims of sexual exploitation in the future, namely the need to reform the criminal law regarding provisions that prohibit these acts, both in the draft Criminal Code in the future and the revision of Law Number 13 of 2006, Law Number 23 of 2002 and Law Number 11 of 2012
Single Regulator dalam Multi Bar Organisasi Advokat Untuk Masa Depan Advokat yang Independent
Get PDFSeveral multi-interpretive provisions in the Advocate Law are considered to violate the constitutional rights of advocates to carry out their profession. Over the years, this has resulted in quarrels and disputes between advocates regarding organizational matters, this of course has an impact on advocates, new advocates and also people seeking justice. The research method used in this research is the normative juridical method. This research is included in descriptive analysis research, aiming to describe carefully the single bar organization, history, debates, rules of advocates. The single bar system must be interpreted as an organization that accommodates all advocates, starting from education, oaths, codes of ethics and enforcement of codes of ethics. advocates so that there are clear standards to guarantee that lawyers are qualified and recognized by the state to be able to proceed in court. Judging from the institutional perspective of advocate organizations at the present time, it can be said that they are still not organized. The main factor is the lack of clear standardization in carrying out their authority as an advocate. With government intervention in efforts to form a single forum for advocate organizations as mandated by the Advocate Law, this will be realized. The government or state can do this because it has the power to form legal products, namely laws, including the Law on Advocates. The ideal concept in this research shows that the institution of a multi-bar advocate organization with a single regulator can restore the dignity of advocacy as a noble profession or nobile officiating
Tanggung Jawab Direksi Atas Keputusan Bisnis yang Merugikan Pihak Ketiga dalam Hukum Perseroan Terbatas Indonesia
Get PDFThis research aims: to find out the responsibility of the Board of Directors for business decisions that harm third parties in Indonesian limited liability company law; The problems in this research are: what is the responsibility of the Board of Directors for business decisions that are detrimental to third parties in Indonesian limited liability company law; The research method used is the normative juridical research method and the approaches used are the Conceptual Approach and Legislative Approach.. Analysis of the legal materials used in this research was carried out using descriptive analytical research methods, the data analysis used was a qualitative approach to primary and secondary data. The results of the research show that under Indonesian Limited Liability Company law, third parties can only hold the Directors' personal responsibility to the extent of the Directors' actions in making incorrect financial reports and the Directors' actions which caused the Limited Liability Company to go bankrupt. Apart from wrongdoing in preparing financial reports and causing the Limited Liability Company to go bankrupt, the Directors are not personally responsible for losses to third parties caused by legal violations committed by the Limited Liability Company, even if the violation originates from the Directors' business decisions
Pedoman Pembinaan Narapidana Pelanggar Tata Tertib Berdasarkan Permenkumham Nomor 8 Tahun 2024 di Lapas Kelas IIA Yogyakarta
Get PDFBased on the Regulation of the Minister of Law and Human Rights Number 8 of 2024, security in prisons and detention centers is divided into 3 (three), namely: prevention, action and recovery. Then, the same regulation states that recovery is divided into 3 parts, namely: reconciliation, rehabilitation, and reconstruction. In reality, there is no recovery program regulated by the Directorate General of Corrections so that it can be used as a guideline by all prisons and detention centers regarding the recovery program. So the author created a Guideline for the Guidance of Prisoners Who Violate Order which can then be used as literacy material for all prisons and detention centers in Indonesia. The research method used by the author in this scientific article is normative, which means that research refers to regulations that can be analyzed and then linked to the current situation and after that the author can provide recommendations to be applied in the future. The legal basis in this scientific article is in accordance with the title of the article, namely PERMENKUMHAM No. 8 of 2024 and is linked to Law No. 22 of 2022 Concerning Corrections. This guideline provides an overview of each stage of recovery. Starting from reconciliation which is carried out for 7 (seven) days with emphasis on maximum block placement, mediation, assessment and psychological facilities. Then, rehabilitation which is carried out for 3 (three) months with an emphasis on providing training programs, assessments, and psychological facilities. Finally, reconciliation which emphasizes environmental improvement, assessment, and evaluation
Model Pengelolaan Wakaf Produktif pada Masjid dan Pesantren Berbasiskan Hukum Islam dan Peraturan: Studi di Palembang
Get PDFPalembang, the oldest city in Indonesia, has historical religious assets. The mosque has a unique character, built in the 18th century, standing on the bank of the Musi River, founded by a famous charismatic ulama figure, as a waqf treasure and designated as a cultural heritage. The Islamic boarding school is considered the oldest, standing not far from the river with private ownership status. Both assets still exist today, are maintained and continue to develop. The aim of this research is to discover laws regarding regulations, as a basis for a productive waqf management model in developing mosques and Islamic boarding schools in Palembang with legal certainty. This study takes another side regarding the productive waqf management model. Through observations, interviews, and document studies, used to build an analysis as seen in this paper. The data is grouped and analyzed so as to provide a complete explanation of the problem. This study clearly shows a model for developing mosques with waqf status and Islamic boarding schools have private property status, both management models are conventional. Even though there is legal certainty with the Waqf Law, allows managing waqf productively. The findings show that there are no productive waqf management practices, even though there is already a desire for it. This is because the socialization of regulations has not been evenly distributed, This is because the socialization of regulations has not been evenly distributed
Bentuk Perlindungan Hukum Penyelesaian Sengketa Pinjaman Online di Indonesia (Suatu Pendekatan Norma Hukum)
Get PDFThe research aims to explore and analyze legal protection for parties in online loan transaction disputes and alternative dispute resolution through online loan application service networks. The type of research is normative legal research (normative research) using a statutory approach, a conceptual approach, analysis of legal materials is carried out by interpreting and assessing related laws and regulations and selecting relevant legal materials. The research results show that legal protection for parties in transaction disputes through the online loan application service network must be based on an agreement based on mutual agreement with the legal online loan provider and a dispute resolution institution must be determined in the initial agreement, carrying out legal enforcement for unlawful acts committed by the provider. and provide, in principle, this protection to protect the rights of debtors as consumers, resolving disputes in online loan transactions for technology-based loan actors because borrowers still do not know in detail the dispute resolution mechanism, Financial Services Authority Regulation Number 77/POJK. 01/2016 Article 29 letter e only regulates the principle of dispute resolution which is carried out simply, quickly and at low cost, the parties can freely choose a dispute resolution institution that has been recommended by the Financial Services Authority
Fungsi dan Kewenangan OJK dalam Pengawasan Kesehatan Bank
Get PDFOne of the key aspects examined is the OJK's authority to take preventive and corrective action against banks that show signs of unsoundness. This analysis provides an in-depth understanding of the effectiveness of the regulatory and supervisory measures taken by the OJK to protect the interests of shareholders, customers and the stability of the financial system. The research results show that OJK has a very important role in ensuring the sustainability and health of the banking sector. With its broad authority, OJK is able to respond quickly to changing market conditions and implement appropriate policies. The implications of these findings include increasing transparency, expanding cooperation with international supervisory institutions, and strengthening the role of the OJK in promoting the principles of good governance in the banking sector
Kajian terhadap Tanggungjawab Pengurus CV dan Nasib Buruh Terkait CV Dinyatakan Pailit
Get PDFBankruptcy is a situation where there is a Bankruptcy Decision against the Debtor from the Commercial Court. In the management of a limited partnership or CV, there are active partners and passive partners, both of which have different responsibilities. Then, in terms of the rights owned by workers, namely wages or salaries, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that there are three (3) types of Creditors, namely Separatist Creditors, Preferred Creditors, and Concurrent Creditors. Then, this research uses a normative research method with primary and secondary legal materials and collects data using literature studies using the snowball method to search for legal materials. The aim of this research is to examine the responsibilities of CV management and the fate of workers related to CV being declared bankrupt. Thus, the results of this research are that there are differences in the responsibilities of CV administrators in the event that a CV is declared bankrupt by the court between CV administrators who are active partners and passive partners. In addition, there is legal protection for workers' rights in the event of bankruptcy, namely the right to fair wages
Akibat Hukum Gugatan Kejaksaan Negeri Tanjung Jabung Barat Terkait Pencabutan Kekuasaan Orang Tua
Get PDFParents are the first and foremost institution for children to receive protection, teaching and fulfillment of their rights. However, sometimes parents cannot provide protection and can even become criminals for their own biological children, as stated in the Kuala Tungkal District Court Decision Number: 01/Pid.Sus/2022/PN KLT dated 08 February 2022, which is the basis for the West Tanjung Jabung District Prosecutor's proposal. Lawsuit for Revocation of Parental Power over Children. The problem studied in this paper boils down to what are the legal consequences of the lawsuit for the revocation of parental authority over children by the Tanjung Jabung Barat District Prosecutor's Office (Study of Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT)? The research method used is empirical juridical with interview techniques. Based on the results of research that has been carried out regarding the legal consequences of the Lawsuit for Revocation of Parental Power over Children by the West Tanjung Jabung District Prosecutor's Office as per Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT parents whose power over children has been revoked do not have any power over the child, however the termination of this power does not necessarily sever the regional relationship between parents and children so that the parents, in this case the Defendant/Birth Father, still have the obligation to support the lives of their children