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All Journal Jurnal Daulat Hukum Awang Long Law Review Unes Law Review Eksekusi : Journal Of Law
Soemartono, Gatot P.
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ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER Natalia, Fenny; Soemartono, Gatot P.
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1214

Abstract

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.
ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER Natalia, Fenny; Soemartono, Gatot P.
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1214

Abstract

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.
Legal Certainty of Creditor's Rights in The Fiduciary Agreement Akanittha Pranoto, William Sudassi; Soemartono, Gatot P.
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1097

Abstract

Fiduciary guarantee agreements have a unique characteristic called executorial rights, namely the right to execute the same collateral object as a court decision. Executorial Rights provide creditors with protection rights against receiving payments from debtors. The existence of executorial rights was lost because of the Constitutional Court's decision regarding the meaning of executorial rights that the debtor must agree to the occurrence of a breach of contract. This problem has changed the essence of fiduciary guarantees. Therefore, it is necessary to examine the legal certainty regarding the meaning of executorial rights in Constitutional Court Decisions and how to finalize agreements with creditors to ensure the return of their rights is guaranteed. This research was carried out using a normative method with deductive specifications, namely analyzing general-specific matters, aiming to find out about the legal certainty of the executorial rights owned by creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019 and Number 2/ PUU-XIX/2021. The conclusion of this research shows that the Constitutional Court's decision has had a negative impact on fiduciary guarantees in Indonesia. Protection of creditors' rights is reduced and executorial rights become difficult to implement. Parties wishing to enter into a fiduciary agreement must pay attention to the provisions and draw up the agreement carefully, meticulously and in detail to maximize the rights of creditors if a breach of contract occurs during the implementation of the agreement.
The Inclusion of Third Parties (Joinder) in Multi-Party International Arbitration Cases: The Perspective of Indonesian Arbitration William, King; Soemartono, Gatot P.
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.49133

Abstract

Indonesia also officially recognizes international arbitration, which is articulated in Article 1 paragraph (9) of the Arbitration Law, as amended following Constitutional Court Decision No. 100/PUU-XXII/2024. This provision states: "International Arbitral Award is an award rendered by an arbitral institution or a sole arbitrator outside the legal jurisdiction of the Republic of Indonesia, or an award by an arbitral institution or a sole arbitrator which, pursuant to the provisions of the law of the Republic of Indonesia, is deemed to be an International Arbitral Award” (Putusan MK No. 100/PUU-XXII/2024, 2024). The joinder of third parties presents a key challenge in international arbitration due to its conflict with the fundamental principle of party consent. This article examines joinder's application in Indonesian arbitration, specifically analyzing the principles of consent and public order. This research used a normative legal research method, the study analyzes relevant regulations to determine joinder's legality. The findings conclude that the joinder principle is implicitly acknowledged and enforceable in Indonesian arbitration. The article offers an understanding of its implementation and provides recommendations for regulators to ensure legal certainty in Indonesia.
THE IMPACT OF STOCK SUSPENSION ON PUBLIC INVESTOR PROTECTION IN THE INDONESIAN STOCK EXCHANGE Putra, Muhammad Rangga Arya; Soemartono, Gatot P.
EKSEKUSI Vol 7, No 2 (2025): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v7i2.38696

Abstract

This study aims to examine the impact of stock suspension policies on the protection of public investors in the Indonesian capital market. This study uses a normative juridical approach by examining laws and regulations related to the capital market sector. A comparative approach is also used by reviewing regulatory practices in Malaysia to identify normative and procedural gaps in the suspension mechanism in Indonesia. The results of the study show that stock suspension serves as an instrument to maintain market integrity, but in practice it can limit investors' rights to liquidity and information disclosure if it lasts too long without clear reasons and time limits. Compared to Malaysia, Indonesia does not yet have a definite deadline, creating legal uncertainty for public investors. This article provides solutions to the stock suspension mechanism within the framework of Indonesia's capital market law by emphasizing clearer coordination between supervisory agencies and strengthening information disclosure obligations.
Co-Authors Akanittha Pranoto, William Sudassi Natalia, Fenny Putra, Muhammad Rangga Arya William, King