1,721,090 research outputs found
Juridical Analysis Of Acts Of Default In The Payment Of Claims On Insurance Policy Agreements PT Insurance Allianz Life Indonesia ( Case Study Of Decision Number 134/Pdt.G/2023/PN Mdn)
No full textThis research was conducted based on Decision Number 134/Pdt.G/2023/PN Mdn, in which it was found that there was a denial of claim payment by the insurer to the policyholder. Therefore, the author analyzes the legal events with the following problem formulation: how the rights and obligations of the parties in the policy, how are the legal provisions governing defaults in claim payments on insurance policy agreements in Indonesia, , and how is the analysis of the judge's consideration in Decision Number 134/Pdt.G/2023/PN Mdn on defaults in claim payments on insurance policy agreements. The type of research used in this research is normative juridical legal research using secondary data. The writing of this research is descriptive by using a statue approach and case approach by using the rules that were in effect at the time the legal event occurred and the rules that apply at this time. The research conducted by the author produces conclusions, namely first, the rights and obligations of the parties in the insurance policy have an important role in maintaining balance and justice in the contractual relationship. Second, default in the payment of claims on insurance policy agreements in Indonesia is regulated by the Civil Code and also Law Number 40 of 2014 concerning Insurance. Third, the insurer is proven to have made a default to the policyholder and must pay the insurance claim as agreed in the insurance policy.114 pagesSkripsi Sarjan
Juridical Review of The Responsibility of E-Commerce Organizers in The Misuse of Personal Data bBy Third Parties in Shopee Paylater Transactions
No full textBuying and selling transactions through electronic media by utilizing the internet network greatly helps the efficiency and effectiveness of transaction activities. The development of Fintech (Financial Technology) with innovations in the financial sector is the forerunner of the paylater payment feature on the e- commerce platform. PT Commerce Finance in collaboration with PT Shopee International which provides buy first pay later transaction activities or better known as SPayLater, by utilizing user personal data as the main requirement. Based on the chronology and evidence obtained by the author from SPayLater users/consumers, there has been misuse of personal data in electronic transactions by third parties (hackers). So, there is a formulation of the problem in this thesis is how the rules of legal regulation based on Indonesian positive law and its legal consequences, as well as settlement efforts. The position of the electronic system organizer as a paylater provider is obliged to provide protection for consumer personal data and arrangements regarding personal data security guarantees.
The research method in this study uses normative juridical research. The research is analytically descriptive. The data source used in this research is secondary data. The method of collecting data through library research and case studies on cases on Shopee user accounts, then the research results are obtained by analyzing the data using qualitative data.
Based on the results and studies obtained by the author, Shopee as an e- commerce is obliged to provide dispute resolution for the failure to protect the personal data of its users. However, in fact it is still weak and consumers are still being harmed and Shopee has not provided accountability for the misuse of personal data in electronic transactions as a form of legal certainty to its users. Therefore, regulations are needed that specifically regulate the position of paylater providers and supervising institutions in order to protect consumer personal data and legal certainty over the privacy rights of paylater feature users.97 PagesSkripsi Sarjan
Juridical Analysis Of Acts Of Default In The Payment Of Claims On Insurance Policy Agreements PT Insurance Allianz Life Indonesia ( Case Study Of Decision Number 134/Pdt.G/2023/PN Mdn)
No full textThis research was conducted based on Decision Number 134/Pdt.G/2023/PN Mdn, in which it was found that there was a denial of claim payment by the insurer to the policyholder. Therefore, the author analyzes the legal events with the following problem formulation: how the rights and obligations of the parties in the policy, how are the legal provisions governing defaults in claim payments on insurance policy agreements in Indonesia, , and how is the analysis of the judge's consideration in Decision Number 134/Pdt.G/2023/PN Mdn on defaults in claim payments on insurance policy agreements. The type of research used in this research is normative juridical legal research using secondary data. The writing of this research is descriptive by using a statue approach and case approach by using the rules that were in effect at the time the legal event occurred and the rules that apply at this time. The research conducted by the author produces conclusions, namely first, the rights and obligations of the parties in the insurance policy have an important role in maintaining balance and justice in the contractual relationship. Second, default in the payment of claims on insurance policy agreements in Indonesia is regulated by the Civil Code and also Law Number 40 of 2014 concerning Insurance. Third, the insurer is proven to have made a default to the policyholder and must pay the insurance claim as agreed in the insurance policy.114 pagesSkripsi Sarjan
Essential Similarities in Trademark Disputes in Indonesia (A Study of Several Trademark Dispute Cases in the Commercial Court
No full textA brand is a sign used as an identifier for goods or services. A brand is not
only a symbol and differentiator of a business but also reflects the reputation and identity of a business. Registering a brand with the Minister is the basis for brand protection so that the brand owner obtains the right to the brand to be able to use it themselves or allow other parties to use the registered brand. In practice, many trademarks have similarities in the use of design, letters, or colors with other trademarks. Disputes over similarities in brands in Indonesia include disputes between the brands Gudang Garam vs Gudang Baru, Bon Cabe vs Bon Nori, Geprek Bensu vs I Am Geprek Bensu, and Kok Tong vs Lim Kok Tong.
The method used in this research is normative legal research using
secondary data sources. Data were taken from primary, secondary, and tertiary legal materials. The data collection technique used was a literature study, where the data was processed and analysed qualitatively using a legislative approach and a case study approach.
The results of this study demonstrate the need for specific legal regulations regarding trademark registration to prevent problems related to substantial similarity between registered trademarks. An analysis of judges' decisions in several cases concerning substantial similarity revealed differences in the judges' considerations in issuing rulings on trademarks with substantial similarity. Therefore, more specific legal regulations must be amended or added regarding the criteria or elements of substantial similarity for trademarks to be cancelled. In the event of cancellation of a trademark with substantial similarity, the party whose trademark is cancelled is required to cease all production or distribution of
goods or services related to the cancelled trademark. Trademark cancellation, which is decided through a court decision, requires the Directorate General of Intellectual Property Rights to remove the cancelled registered trademark.95 PagesSkripsi Sarjan
Juridical Study of The Legal Liability of PT Visionet International (OVO) Due to The Transfer of Mutual Fund Investment
No full textA legal review regarding the legal responsibility of PT. Visionet
Internasional (OVO) related to the transfer of mutual fund investments involves
several legal aspects, making it interesting to examine with the following research
objectives: to identify the legal obstacles regarding the regulation of online mutual
funds in Indonesia; to determine whether the online mutual fund system at PT. OVO
complies with the laws and regulations in Indonesia; and to understand the legal
responsibilities of PT. OVO due to the transfer of mutual fund investments.
The problem approach used is a normative-applied approach through a
judicial case study. This research utilizes library data sources, and the data used
consists of secondary data, which includes primary, secondary, and tertiary legal
materials.
The results of this study indicate that the obstacles in providing legal
protection are: the prevalence of illegal online investments and the lack of public
knowledge regarding illegal investments. The operational system of PT. OVO is in
accordance with the applicable laws and regulations. The form of responsibility of
the investment manager at PT. OVO is seen from the process of gradual fund
transfer carried out in accordance with the applicable legal procedures. However,
it is advisable that if there are consumers who experience losses and do not receive
a good response, they should seek legal assistance to better understand their rights
in detail. Legal assistance can provide guidance on the steps that can be taken,
including claims for compensation or refunds if deemed necessary.100 PagesSkripsi Sarjan
Preferred Creditors Who Are Late in Registering Receivables (Study of Decision Number 30/Pdt.Sus-Gugatan Lain-Lain/2023 PN.Niaga.Jkt.Pst.Jo.No.438/Pdt.Sus PKPU/2021/PN.Niaga.Jkt.Pst)
No full textDifficult economic conditions have caused many companies to experience financial difficulties, which has disrupted business continuity and resulted in an inability to settle debts so that creditors can file bankruptcy petitions with the Commercial Court. In the context of corporate bankruptcy in Indonesia, workers have rights that must be fulfilled and are treated as creditors. Still, in many cases, wage payments are often in adverse conditions, indicating the need for stronger legal protection for workers. This thesis discusses the protection of workers as creditors in bankruptcy who are late in registering their receivables in the bankruptcy estate settlement stage which results in workers not getting their rights in the bankruptcy of the company PT Mulia Raya Prima in Decision Number 30/Pdt.Sus-Gugatan Others/2023/PN. Niaga.Jkt.Pst. Jo. Number 438/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst.
The method used in writing this thesis is the normative juridical research method, which refers to legal norms that are carried out using literature study to obtain secondary data in the form of primary, secondary, and tertiary legal materials. related to the problems studied, this research has a descriptive nature.
The results obtained through this research are legal protection for workers as creditors in bankruptcy who are late in registering their receivables. This results in workers not getting their rights in the bankruptcy of PT Mulia Raya Prima in Court Decision Number 30/Pdt.Sus-Miscellaneous Lawsuits/2023/PN. Niaga.Jkt.Pst. Jo. Number 438/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. can still execute their unpaid rights after the end of bankruptcy as stated in Article 204 of the Bankruptcy Law. Failure to pay workers' receivables because they are not included in the creditors on the permanent bankruptcy distribution list, does not erase the receivables owned by creditors as long as the actions mentioned in Article 1381 of the Civil Code are not carried out and the expiry provisions as stated in Article 1967 of the Civil Code are not carried out, namely thirty (30) year.120 PagesSkripsi Sarjan
Preferred Creditors Who Are Late in Registering Receivables (Study of Decision Number 30/Pdt.Sus-Gugatan Lain-Lain/2023 PN.Niaga.Jkt.Pst.Jo.No.438/Pdt.Sus PKPU/2021/PN.Niaga.Jkt.Pst)
No full textDifficult economic conditions have caused many companies to experience financial difficulties, which has disrupted business continuity and resulted in an inability to settle debts so that creditors can file bankruptcy petitions with the Commercial Court. In the context of corporate bankruptcy in Indonesia, workers have rights that must be fulfilled and are treated as creditors. Still, in many cases, wage payments are often in adverse conditions, indicating the need for stronger legal protection for workers. This thesis discusses the protection of workers as creditors in bankruptcy who are late in registering their receivables in the bankruptcy estate settlement stage which results in workers not getting their rights in the bankruptcy of the company PT Mulia Raya Prima in Decision Number 30/Pdt.Sus-Gugatan Others/2023/PN. Niaga.Jkt.Pst. Jo. Number 438/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst.
The method used in writing this thesis is the normative juridical research method, which refers to legal norms that are carried out using literature study to obtain secondary data in the form of primary, secondary, and tertiary legal materials. related to the problems studied, this research has a descriptive nature.
The results obtained through this research are legal protection for workers as creditors in bankruptcy who are late in registering their receivables. This results in workers not getting their rights in the bankruptcy of PT Mulia Raya Prima in Court Decision Number 30/Pdt.Sus-Miscellaneous Lawsuits/2023/PN. Niaga.Jkt.Pst. Jo. Number 438/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. can still execute their unpaid rights after the end of bankruptcy as stated in Article 204 of the Bankruptcy Law. Failure to pay workers' receivables because they are not included in the creditors on the permanent bankruptcy distribution list, does not erase the receivables owned by creditors as long as the actions mentioned in Article 1381 of the Civil Code are not carried out and the expiry provisions as stated in Article 1967 of the Civil Code are not carried out, namely thirty (30) year.120 PagesSkripsi Sarjan
Perlindungan Data Pribadi di Satusehat
Full text linkThe transformation of Peduli Lindungi into SatuSehat plays an important role in the development of health services in Indonesia. Through more efficient and effective integration of national health data, the health service system becomes easier and faster. In its use, SatuSehat requires a registration process by inputting information related to personal data, and uses user personal data to provide public services in the health sector. The Ministry of Health as the organizer of the SatuSehat-based electronic system that manages and stores users' personal data is required to ensure the security of personal data. So that makes SatuSehat have to carry out various policies in order to get protection and transparency of user data in order to know that the data is used properly. Before becoming a SatuSehat user, it must be able to understand the relationship established through the agreement (terms and conditions of SatuSehat). The terms and conditions only regulate the extent of services and technicalities, not regulating the protection of personal data of SatuSehat users. In this thesis, the research method that the author uses is normative juridical research with a statutory approach. This research uses normative juridical research method, descriptive research typology, secondary data type with document study as data collection tool, qualitative approach as data analysis method, and primary, secondary, and tertiary legal materials. In conclusion from the results of this study, that the protection of the right to personal data on the use of personal data in SatuSehat can be reviewed based on the agreement (terms and conditions, privacy policy provisions). However, SatuSehat needs to adjust the arrangements related to the processing of personal data must be in accordance with the principles of personal data protection based on Law No. 27 of 2022 concerning Personal Data Protection as a legal basis for personal data protection. The controller of personal data has the responsibility to protect and ensure the security of the personal data it processes.117 HalamanSkripsi Sarjan
Implementation Doctrine Action on The Company's Underwear The Commissioner's Responsibility For Gian Drugs Company (Study Decision Number 352/PDT.G/2021/PN JKT.PST)
No full textA commissioner is a corporate body responsible for supervising and providing advice to the board of directors. In performing their duties, it is possible for a commissioner to engage in actions that cause losses to the PT (Perseroan Terbatas or Limited Liability Company) and other parties. One case that resulted in losses for a PT is the case of PT. Condato Group Indonesia (PT. CGI), where the Central Jakarta District Court adjudicated and ruled that the commissioner of PT. CGI must compensate PT. CGI for unlawful acts committed by the commissioner through the withholding of profits from the sale of PT. CGI's trading goods. This demonstrates the application of the Piercing the Corporate Veil doctrine. This raises the question of how the commissioner’s liability for the losses experienced by PT. CGI is related to the Piercing the Corporate Veil doctrine. Therefore, a study was conducted with the aim of understanding the facts revealed during the case examination that led to the application of the Piercing the Corporate Veil doctrine and the legal consequences when this doctrine is applied to the case of PT. CGI in the Central Jakarta District Court decision number 352/Pdt.G/2021.
In writing this thesis, the method used is normative legal research, which is conducted through literature studies using primary, secondary, and tertiary legal materials. The analysis used is qualitative analysis, employing both case and legislative approaches.
The results of the discussion and research conclude that the legal regulation of commissioners' responsibilities in limited liability companies in Indonesia is detailed. Commissioners play an important role in supervising the board of directors and providing advice for the benefit of the company. Commissioners are personally liable for company losses if found guilty or negligent in their duties. In the case involving PT. CGI, the commissioner of PT. CGI was found to have committed unlawful acts that harmed PT. CGI, thus, for his actions, the commissioner cannot be shielded by the limited liability nature of the corporation, which is a consequence of the application of the Piercing the Corporate Veil doctrine. Therefore, the commissioner of PT. CGI can be held liable for damages to PT. CGI. The PT. CGI case demonstrates the importance of vigilance in corporate governance. In its resolution, the Piercing the Corporate Veil doctrine becomes an important instrument in ensuring corporate justice.109 PagesSkripsi Sarjan
Copyright Infringement on The Use of Photographs Taken From Social Media In Indonesia
No full textIn the current digital era, there are many copyright violations committed by the general public, especially on social media. Social media is used as a platform for uploading photography by the general public to share information and news with others. There are still many people who do not understand and think that copyright is important and protected by law. People take this lightly and take other people's work and use it for personal interests or even commercial purposes. Therefore, this research aims to find out what the legal regulations are regarding photography copyright on social media in Indonesia and how to take legal action regarding photography copyright disputes on social media in Indonesia.
This thesis uses a descriptive normative law research method. Research data uses secondary data in the form of primary, secondary and tertiary legal materials collected using library study techniques. Data analysis using qualitative normative data analysis methods by examining Copyright law in Indonesia.
The research results show that the public still has minimal knowledge about copyright and considers this matter not very important. Copyright itself is regulated in Law Number 28 of 2014 concerning Copyright. Based on this law, copyright cannot be violated by anyone and if you want to use the work of the creator you must first ask permission from the creator or the heirs of the creator of the photographic work and if the work is used commercially, the economic rights and moral rights must be discussed first. with the creator of the photographic work. And the legal protection carried out by the government in enforcing copyright has been quite good, namely by enacting law number 28 of 2014 concerning copyright and regulating it and also regulating it more specifically for social media by regulating copyright on the internet in the ITE Law, specifically in articles 25 and article 26 of the ITE Law.101 PagesSkripsi Sarjan
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