Jurnal Hukum
Not a member yet
109 research outputs found
Sort by
The Going Concern Paradigm in Bankruptcy Process Reviewed from Regulations in Indonesia
Get PDFCompanies often seek alternative debt resolution methods in bankruptcy to avoid liquidation or operational shutdown. One such alternative is through a settlement, where the debtor offers partial payment of the debt to creditors with the condition of being released from the remaining debt. Additionally, the suspension of debt obligations allows companies to develop a financial restructuring plan that can ensure long-term operational sustainability. Thus, the purpose of this study is important to understand how bankruptcy decisions, and debt settlement alternatives for business actors and stakeholders. This research uses a descriptive approach by analyzing relevant legislation, legal literature, and case studies to understand the mechanisms and legal implications of the bankruptcy process. The secondary data used comes from sources such as laws, court rulings, and relevant legal literature. The primary focus of this research is to analyze Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The study results indicate that the bankruptcy process in Indonesia relies on mechanisms such as debt payment suspension, settlement, and judicial review to resolve debts and ensure business continuity. The going concern paradigm is integrated into these processes, although in a different context from the principle in civil law
The Corporate Liability of Airline Service Business Actors in Indonesia: An Islamic Law Perspective
Get PDFThis study aims to analyze the weaknesses of the corporate liability arrangements of airline service business actors for consumer protection in the perspective of Islamic law in Indonesia. Legal research in the form of prescriptive, with statutory, case, conceptual and comparative approach. Comparative legal studies were conducted with Malaysia, Singapore and Australia supported by the theory of maqashid shariah, welfare state theory and justice theory. The research shows that; First, there are weaknesses in the regulation of liability of business actors in the Consumer Protection Law and the Aviation Law, which have not been able to reach the liability. Beside that, it is not fulfilled the principle of Al-adl because of justice, balance, and equality that describe the horizontal dimension. Second, there is prescription for future arrangements in the corporate liability of airline business actors in the perspective of Islamic law. The position of consumers and business actors should be equal based on the maqashid shariah. Aviation Service Business Actors must be responsible for consumer losses whose rights are violated as regulated in the Qur'an and Hadith. Based on the principle of Al-adl in maqashid shariah, it is necessary to reconstruct the regulation of aviation law and consumer protection law
Advancing Access to Justice for Female Victims of Sexual Violence Through Restitution
Get PDFVictims of sexual violence often face numerous obstacles in accessing justice, including limited access to restitution mechanisms. Restitution is a form of compensation that victims can receive from perpetrators to recover the losses they have suffered. This paper aims to analyze how access to justice for female victims of sexual violence can be enhanced through restitution mechanisms. The method used is a literature review, examining relevant laws and regulations as well as the practice of implementing restitution in various countries. The analysis reveals that strengthening the implementation of restitution could improve access to justice for victims. This can be achieved by simplifying procedures, providing legal assistance, and enhancing coordination between related institutions, namely law enforcement and the Witness and Victim Protection Agency (LPSK). Additionally, efforts are needed to raise public awareness and increase the sensitivity of law enforcement officers to the issue of sexual violence. By doing so, victims can achieve proper recovery through both institutional and legal mechanisms that support victim protection
Challenges in Implementing the Pesantren Endowment Fund: A Study of Presidential Regulation Number 82 Of 2021 On Operational Funding of Pesantren
Get PDFPesantren has historically demonstrated self-autonomy in institutional management and finance. The forthcoming regulations governing pesantren funding provide several challenges for pesantren management. This study uses a descriptive qualitative method to examine the government's readiness to execute the Presidential Regulation (Perpres) on funding for the pesantren operations. The results of the study indicate that the government's readiness to execute the pesantren endowment fund involves the establishment of regulations as technical guidance and instructions for implementing the policy. The response of pesantren management to implementing the Perpres on funding for pesantren is predominantly positive. They fully support the implementation of the regulation that would allocate funding for pesantren. However, socialization and formulation of the regulation technical instructions and the legal derivatives from the pesantren-related policy are essential in executing the Perpres for the execution and implementation of pesantren endowment funds
The Constitutional Perspective of Indonesian Social Security System
Get PDFSome of the values contained in the regulation of the National Social Security System Law (SJSN) and the Social Security Management Agency Law (BPJS) are contrary to constitutional values. The purpose of this paper is to examine the conflict of values. The study was conducted using normative legal research methods, which focused on the statutory and theoretical approach. This study found that social welfare mandated by the 1945 Constitution to the state is developed through the national social security system: (a) as an obligation, (b) to empower the weak and incapable people to develop themselves in accordance with human dignity, and (c) in order to fulfill basic needs, both the right to education, the right to health, and the right to get a job. In addition, although the 1945 Constitution does not specify the pattern of the social security system to be developed, the SJSN Law and the BPJS Law use a mixed model between social insurance from participants and social assistance from the state to the poor. Based on this, it is recommended to adjust the formulation of legal norms of the SJSN Law and BPJS Law contained with constitutional values
The Legal Renewal of Malpractices by Medical Personnel Based on Restorative Justice
Get PDFThe purpose of this research is to analyze and find regulations for handling suspected malpractice by medical personnel based on restorative justice. The research method uses empirical juridical; The results of the research indicate that the legal reform of malpractice carried out by medical personnel based on restorative justice is currently not in accordance with Restorative Justice, the current regulation of handling alleged malpractice by medical personnel lies in the substance of the law, namely the absence of nomenclature and rules for handling suspected malpractice by medical personnel in positive law. Indonesia. a legal structure that is still limited in its understanding and understanding by law enforcement officials. health law is not yet in accordance with the provisions of the health law, the legal culture of medical personnel whose legal understanding and awareness of health law is still not high, so that a just legal life in accordance with restorative justice has not been created. The value of justice in handling suspected malpractice provides balanced protection between medical personnel and patients, namely by providing services with noble and superior morals. health services, without stigma towards health workers and are fair and professional
The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers
Get PDFForeign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations
Community-Based Collaborative Management: Impacts and Challenges of Sea Turtle Conservation on the South Coast of Central Java, Indonesia
Get PDFThe use of community-based collaborative management has shown promising results in addressing the complex issues surrounding sea turtle conservation. However, the legal implications and barriers associated with this method have not been thoroughly investigated. This study seeks to examine legal policies governing conservation institutions that influence community-based turtle protection along the southern coast of Central Java, Indonesia. The focus of this study is on two specific case studies: a conservation group at Pantai Sodong and another at Pantai Kembar. Employing a qualitative research design, this study incorporated semi-structured interviews with conservation group administrators, government officials, and other relevant stakeholders. Apart from that, this research also involves analysis of legal and regulatory documents and policies which is complemented by field observations. These findings indicate that community-based conservation policies significantly increase legal behavior that is in line with conservation law provisions. However, this report also underscores the legal and institutional challenges faced by local community-based conservation groups. These challenges include the necessity of legal collaboration between community groups and the government, the availability of healthcare facilities such as quarantine centers and clinics, and the need for a permanent workforce with appropriate skills. This study emphasizes the need for more flexible standards regarding conservation institutional requirements and government support to encourage the fulfillment of the validity and legal certainty of conservation institutions. This study adds to the growing body of literature on legal approaches to community-based collaborative management, and offers important insights for policymakers and legal practitioners who wish to increase support for community-based conservation programs in Indonesia and other countries
Institutional Roles and Mechanisms in Upholding Legal Protection Under Consumer Protection Law in the Era of Globalization
Get PDFConsumer protection law is essential in safeguarding rights against fraud and unfair practices, relying on both private institutions and governmental enforcement. This study aims to analyze the legal frameworks of consumer protection in Indonesia. It also examines the roles of institutions in the legal enforcement of consumer protection, particularly their function in maintaining the balance of relations between consumers and producers in the context of globalization and extensive online marketing. The methodology employed is normative legal research, which examines Indonesia’s Consumer Protection Law (Law Number 8 of 1999) through the lens of key concepts such as consumer rights, the institutional roles in enforcing these rights, and ensuring fair business practices. The findings underscore the importance of various consumer protection institutions, such as National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional or BPKN), Non-Governmental Consumer Protection Institution (Lembaga Perlindungan Konsumen Swadaya Masyarakat or LPKSM), Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen or BPSK), in Indonesia, which serve to educate, supervise, and assist consumers in resolving disputes with businesses. This study also identifies the challenges in implementing consumer protection law, particularly concerning the broad range of involved institutions, as well as the need for heightened consumer awareness and greater accountability from business actors
Legal Certainty in Green Bonds: The Role of Coherence, Legitimacy, Economic Benefits, and Government Authority
No full textThis study explores the critical factors shaping legal certainty in green bond issuance, focusing on the roles of coherence in bond issuance objectives, legislative legitimacy, economic benefits, and governmental authority. Legal certainty is essential in fostering investor confidence, reducing risks such as greenwashing, and ensuring compliance with environmental and regulatory standards. The research employs Partial Least Squares Structural Equation Modeling (PLS-SEM) to analyze data collected from institutional investors with a recommended sample of 300 participants, revealing that economic benefits have the most significant impact on legal certainty, followed by governmental authority, legislative legitimacy, and coherence of objectives. The results underscore the importance of clear and measurable objectives in green bond issuance, transparency in the legislative process, and consistent governmental oversight. These findings highlight the need for robust legal frameworks that ensure both environmental sustainability and financial stability. The study's implications suggest that policymakers and regulators must prioritize the harmonization of green bond regulations to promote cross-border investments and long-term market growth