Abstract:Undang-Undang Nomor 1 Tahun 2025 yang selanjutnya disebut UU 1/2025 menyebutkan Anggota Direksi, Dewan Komisaris dan Dewan Pengawas BUMN yang selanjutnya disebut Organ Persero di BUMN bukan merupakan Penyelenggara Negara,…
, lantas hal ini tidak membuat Organ Persero di BUMN tidak dapat dimintakan pertanggungjawaban. Dalam tindakannya menjalankan BUMN Organ Persero di BUMN dapat terhindar dari pertanggungjawabannya jika memenuhi kriteria business judgemnet rule. Muncul kekhawatiran UU 1/2025 jika Organ Persero di BUMN tidak dapat dimintakan pertanggungjawaban karena telah spesifik menyebutkan “bukan penyelenggara negara”. Terlepas dari kata “penyelenggara negara” Organ Persero di BUMN tetap dapat dimintakan pertanggungjawaban atas dasar UU 31/1999 jo. UU 20/2001. Penelitian ini menggunakan pendekatan normatif dari sudut legal formal yang menelaah peraturan perundang-undangan atau norma hukum dengan berbagai teori dan asas hukum untuk mendapatkan pemahaman yuridis. Hasil dari penelitian menyimpulkan bahwa bentuk kriminalisasi yang dilakukan oleh APH karena kurang pemahaman terhadap “tindakan” dan “akibat kerugian negara” yang menjadi salah satu alasan Organ Persero di BUMN menghilangkan frasa “penyelenggara negara” dalam UU 1/2025. Petanggungjawaban Organ Persero di BUMN tetap dapat dilakukan berdasarkan UU 31/1999 jo. UU 20/2001 jika memenuhi unsur yang tertuang dalam UU tersebut.
Abstract:Penelitian ini bertujuan untuk menganalisis ketentuan hukum yang mengatur praktik penagihan kartu kredit oleh bank melalui jasa debt collector serta mengkaji bentuk perlindungan hukum yang diberikan kepada nasabah terhadap…
ap tindakan penagihan yang tidak sesuai dengan ketentuan yang berlaku. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan (statute approach), yang menelaah ketentuan dalam KUHPdt, KUHP, PBI No. 23/6/2021, dan POJK No. 22/2023, serta didukung oleh bahan hukum primer, sekunder, dan tersier yang dianalisis secara kualitatif melalui metode penalaran deduktif. Hasil penelitian menunjukkan bahwa penggunaan jasa debt collector memiliki dasar legalitas melalui mekanisme pemberian kuasa menurut KUHPdt serta diperbolehkan dalam kerangka regulasi BI dan OJK, namun pelaksanaannya dibatasi oleh ketentuan etika penagihan, kewajiban transparansi, dan prinsip akuntabilitas yang menempatkan bank sebagai pihak yang tetap bertanggung jawab atas setiap tindakan penagihan. Penelitian ini juga menemukan bahwa perlindungan hukum bagi nasabah tersedia dalam bentuk perlindungan preventif melalui kewajiban penyampaian informasi, batasan etika penagihan, serta penyediaan mekanisme pengaduan, dan perlindungan represif melalui sanksi administratif oleh OJK serta penegakan hukum pidana terhadap tindakan penagihan yang mengandung kekerasan, ancaman, atau pelanggaran hukum lainnya.
Abstract:Advances in information and communication technology have spurred substantial changes in legal transaction procedures in Indonesia, primarily through the utilization of electronic agreements. Agreements that were previously…
sly made in traditional paper formats are now frequently conducted digitally, raising legal concerns regarding their legality, validity, evidence, and legal protection for the involved parties, particularly consumers. Although electronic agreements are normatively recognized in the Civil Code (KUHP) and the Law on Electronic Information and Transactions, practical implementation issues persist, leading to legal uncertainty. This research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Data was obtained through a literature review of primary, secondary, and tertiary legal sources related to electronic agreements and civil legal protection. Qualitative descriptive analysis was conducted to investigate the legal status of electronic agreements and the legal protection available for the parties within the Indonesian legal framework. The discussion results indicate that electronic agreements possess legal validity and binding force equivalent to traditional agreements, provided they meet the criteria for a valid agreement as outlined in Article 1320 of the Civil Code and the provisions of the Information Technology Law. Legal protection in electronic agreements encompasses legal certainty, the recognition of electronic document and signature evidence, and consumer protection against detrimental standard clauses. Nevertheless, challenges remain in establishing party identification, ensuring the integrity of digital contracts, and addressing power imbalances between commercial entities and consumers. This study concludes that while electronic agreements are legally recognized under Indonesian civil law, enhancing legal protection requires strengthened regulations, consistent law enforcement, and improved legal and digital literacy among the public to ensure secure, fair, and equitable electronic transactions.
Abstract:The ambiguity of the norms in Article 51 of the Law raises issues regarding the validity of copies of corrected deeds and the liability of Notaries towards the parties involved. This study aims to analyze the legal status…
s of the corrected deed copies and the forms of Notaries' responsibility for errors that occur. The research method used is normative juridical legal research with legislative and conceptual approaches, through descriptive qualitative analysis of primary and secondary legal materials. Research findings indicate that corrections to copies of deeds remain valid and equivalent to the deed minutes as long as the errors are administrative in nature and the corrections are made in accordance with regulations, so they do not alter the substance of the deed. However, if corrections are made not in accordance with the UUJN procedures or result in substantial differences with the minutes, then the copy of the deed may be downgraded to a private deed and categorized as a legally defective deed. Notaries are liable in civil, administrative, criminal, and ethical terms, because such negligence constitutes an unlawful act under the concept of liability. In conclusion, corrections to deed copies remain valid as long as they do not change the substance and are carried out according to procedure, while Notaries are obliged to bear legal responsibility for any typing or writing errors arising from their negligence.
Abstract:The advancement of digital technology has brought significant changes to the legal system, particularly in the use of electronic evidence as a means of proof in court. However, the validity of digital forensic evidence is…
s often questioned due to various technical, procedural, and legal challenges. This study aims to analyze the factors contributing to the failure of digital forensic evidence in legal proceedings and to formulate recommendations for improving its validity. The method used is a Systematic Literature Review (SLR) by examining various academic sources that discuss issues of digital evidence validity, forensic standards, and emerging legal challenges. The results of the study indicate that the failure of digital evidence generally stems from non-compliance in the processes of data collection and preservation with chain of custody standards, insufficient competence of law enforcement officers in digital technical aspects, and conflicts between legal requirements and data privacy regulations, such as the GDPR and CCPA. The case study of online gambling 2020, at the South Jakarta District Court confirms that the absence of forensic verification and chain of custody documentation caused the digital evidence to lose its probative value. Therefore, it is necessary to establish standardized forensic procedures, provide training and certification for law enforcement officials and forensic experts, and develop national guidelines for managing digital evidence aligned with international standards. This research is expected to contribute to strengthening the integrity and validity of digital evidence, thereby enhancing the enforcement of justice in the digital era.
Abstract:The phenomenon of bullying in educational settings involving children and adolescents is increasingly worrying because it has serious physical and psychological impacts on victims. This study aims to analyze the criminological…
ogical perspective on children as perpetrators of bullying and to identify the criminogenic factors that influence this behavior. The method used is normative legal research with a case study approach and a conceptual approach, utilizing secondary data from legal literature, journals, and bullying cases at the Al-Azhar Janapria Islamic Boarding School in Central Lombok. The results indicate that bullying behavior can be explained through strain theory, differential association theory, social control theory, and labeling theory. Bullying is influenced by faulty social learning processes, weak social control, and the application of negative labels. Criminogenic factors include the social environment, the individual, peers, and the family. Prevention efforts need to be carried out comprehensively through synergy between families, schools, and the community to create a safe and violence-free educational environment.
Abstract:The legal position between the debtor and the debtor in the bond agreement, where the borrower has the right to return proof of ownership of the collateral after the loan payment, while the borrower has the right to a higher…
gher bond amount, and the billing period in accordance with the guarantor who is entitled to payment plus principal (interest) with the borrower's monthly installments including compensation in the event of late payment. Settlement of disputes related to credit agreements, where the person concerned can arbitrate the agreement in question. Legal observations made by the judge in the decision of Case No. 70 / Pdt.G / 2020 / PN.Mdn, where the judge is of the opinion that the plaintiff has won legally there is no action taken by the Defendant on behalf of Mas Arif Fauzan and verstek. The issuance of this decision is binding on both parties because it has permanent legal force ( incracht ) and has become a new law for the parties. The judge made the decision based on previous legal opinions and the judge's belief that presenting a legitimate and persuasive action is a breach of contract.
Abstract:The legal basis of a valid contract according to the Civil Code is regulated in Article 1338 of the Civil Code, namely that all formal contracts apply as law for the parties thereto. From this article it can be concluded…
that there is a principle of freedom of contract, but this freedom is limited by the law of coercion, so that the contracting parties must submit to the law of coercion. The legal consequences of a previous contract for the parties to the contract can be terminated by one of the parties who submits a request for cancellation, a demand for a refund or even a claim for compensation if misstatements and errors are found in the contract and the backdated date. The validity and date of withdrawal of physical evidence of the contract, it is necessary to first examine the conditions for the validity of the contract, which must meet the prerequisites (agreement of the parties), although Article 1321 of the Civil Code emphasizes the validity of the contract itself, which must not be the result of error, coercion or fraud.
Abstract:The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning…
ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.
Abstract:Withdrawal of Waqf Assets based on Decision No. 22/Pdt.G/2017/MS-MEDAN because the objects which are waqf assets belonging to the Bireueen Islamic Education Society have been misused by the Bireueen Ministry of Religion…
in a dysfunctional manner, namely the waqf objects are recorded as Public Property. In order for the irregularity of the waqf assets to be in accordance with the waqf pledge made, the owner of the waqf rights takes over the waqf assets. The validity of Nazir as the owner of the waqf rights in the event of misappropriation of waqf assets based on Resolution no. 22/Pdt.G/2017/MS-MEDAN is reviewed from the provisions of Article 42 of Law Number 41 of 2004 concerning Waqf which explains: "It is the duty of nazhir to manage and dispose of waqf assets for their intended use, according to their function and designation." So that the waqf assets that were originally borrowed by the owner of the waqf rights can be disposed of if there is misuse of waqf assets. The Judge's reason for permitting the takeover of misused waqf assets in Decision no. 22/Pdt.G/2017/MS-MEDAN, based on the findings of the facts by the Judge, is of the opinion that legally there is no legal justification for the Defendant/Applicant to hold objects that are unlawfully and unlawfully owned and managed as YPI Bireuen's claim items.