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All Journal JURNAL HUKUM Masalah-Masalah Hukum Jurnal Legalitas Lentera Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Hukum Novelty Jurnal Daulat Hukum Journal of Indonesian Legal Studies Jurnal Selat Unes Law Review Jurnal Kebijakan Sosial Ekonomi Kelautan dan Perikanan Kosmik Hukum ADLIYA: Jurnal Hukum dan Kemanusiaan Journal of Law and Policy Transformation JURNAL USM LAW REVIEW Legal Spirit Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Supremasi Mendapo: Journal of Administrative Law Journal of Judicial Review SUPREMASI Jurnal Hukum PAMALI: Pattimura Magister Law Review Journal of Research in Social Science and Humanities Proceedings Series on Social Sciences & Humanities Jurnal Legisia Legal Protection for the Partnership Agreement Parties Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah SASI Fundamental : Jurnal Ilmiah Hukum International Law Discourse in Southeast Asia
Situmeang, Ampuan
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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Efektivitas Penerapan Undang-Undang Mata Uang di Kota Batam Dalam Pembatasan Penggunaan Valas Situmeang, Ampuan; Setiawan, Budi
Journal of Law and Policy Transformation Vol 1 No 2 (2016)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.26 KB)

Abstract

Law on Currency regulates an obligation to use Rupiah in the Indonesian territory. According to article 21 paragraph (1) of Law No. 7 of 2011 concerning Currency, Rupiah must be used in every transaction that has the purpose of payment, settlement of responsibility with money; and/or other financial transactions. However, since the enactment of the Law, the use of foreign currency as legal medium of exchange is still being done by businessman in Batam City. This study aims to determine the effectiveness of the implementation of the Law in Batam City. This study uses empirical sociological methods to analyse the effectiveness of the Law. The data collection is done by conducting interviews by purposive sampling and research libraries. The results indicate that the application of the Law on Currency in Batam City has not been effective; consequently it has no impact on the investment climate in Batam City. The implementation of the Law and the obligation to use Rupiah in Batam City can be realized if the Bank of Indonesia or the government can set up specific rules for Batam City which has one goal, namely the stability of rupiah.   === Undang-Undang No 7 Tahun 2011 Tentang Mata Uang mengatur kewajiban penggunaan Rupiah di wilayah NKRI. Menurut pasal 21 ayat (1) Undang-undang Nomor 7 Tahun 2011 Tentang Mata Uang, Rupiah wajib digunakan dalam setiap transaksi yang memiliki tujuan pembayaran; penyelesaian kewajiban lainnya yang wajib dipenuhi dengan uang; dan/atau transaksi keuangan lainnya. Akan tetapi sejak ditetapkanya Undang-Undang Mata Uang tersebut, penggunaan valuta asing sebagai alat pembayaran yang sah tetap dilakukan oleh para pelaku usaha di Kota Batam.  Penelitian ini bertujuan untuk mengetahui efektivitas penerapan Undang-Undang mata uang di kota Batam. Penelitian ini menggunakan metode sosiologis empiris dengan mengedepankan penelitian terhadap efektivitas hukum. Pengumpulan data dilakukan dengan melakukan wawancara yang ditentukan secara purposive sampling dan penelitian pustaka. Hasil penelitian ini menunjukan bahwa penerapan Undang-Undang Mata Uang di Kota Batam tidak berjalan efektif sehingga tidak memiliki dampak bagi iklim investasi di Kota Batam. Penerapan Undang-Undang Mata Uang dan kewajiban penggunaan Rupiah di Kota Batam dapat berjalan apabila, Bank Indonesia atau pemerintah dapat membuat aturan khusus bagi kota Batam dengan tetap pada satu tujuan yaitu kestabilan nilai Rupiah.
Perlindungan Hukum Kreditur dan Debitur dalam Pelayaran di Indonesia Situmeang, Ampuan; Polim, Taufik
Journal of Law and Policy Transformation Vol 4 No 1 (2019)
Publisher : Universitas Internasional Batam

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Abstract

Indonesia's strategic sea location is one of the most demands by local and foreign shipping. Shipping becomes an element of nation's economy and government?s concern. This is proven by the issuance of Law No. 17 of 2008 concerning Shipping which regulates implementation, legal protection of community, especially shipping companies, both debtors and creditors, judges, trustees and related institutions. Yet, it cannot implement effectively because Article 223 of Law No. 17 does not have a Ministerial Regulation governing the procedures for its implementation, consequently it disadvantages and leads to a loss for creditors and debtors. This study uses a normative legal research method which examines the secondary materials which is supported by a primary data. The Progressive Legal Theory is used by this study. It argues that there must be a procedure which links the implementation of shipping claims and the legal actors both creditors - debtors, judges and harbourmaster. They must pay attention to ethics and procedures in making decisions. In this regard, a Ministerial Regulation governing the claim procedures must be established.
PERLINDUNGAN HUKUM TERHADAP PENCIPTA ATAU PEMEGANG HAK CIPTA LAGU DALAM PEMBAYARAN ROYALTI Situmeang, Ampuan; Kusmayanti, Rita
Journal of Law and Policy Transformation Vol 5 No 1 (2020)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v5i1.798

Abstract

Intellectual property is the result of a work for an author that has exclusive rights that only exist and are attached to the owner or bearer of rights of a work. Other parties craving to use or use the copyright need to create or produce the work required in obtain the author's permission. The problems in this research were how is the legal protection for the creator or copyright holder of the song to the payment of royalties and how to complete the objection to approve the use of the song without paying royalties. This research used normative research methods. Normative research is research on literature or document studies that support secondary research. Data collection from the results of the study was then analyzed by the author by qualitative-descriptive. Which is the type of research that aims to obtain about how the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. Based on the research results and discussion, it can be concluded the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. The formation of LMKN is a form of protection given by the Government to the copyright of songs given also provides tariffs on royalties that must be agreed by the User. Dispute resolution can be done through litigation and non-litigation. Dispute resolution involving different countries can be done through the WIPO Arbitration and Meditation Center.
PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura) Halawa, Filemon; Situmeang, Ampuan; Amboro, FL Yudhi Priyo
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2714

Abstract

Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads "In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).
Urgensi Perlindungan Hukum terhadap Konsumen Lembaga Pinjaman Online Ilegal di Era Revolusi 4.0 Rahmad, Tedi Sutadi; Situmeang, Ampuan; Girsang, Junimart
Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i1.3399

Abstract

Online lending institution is a product of the 4.0 revolution. Its emergence has had many positive impacts on the economy, but on the other hand it has also raised several problems including misuse of personal data, intimidating collecting, and other problems caused by unlicensed or illegal online lending institutions. This study aims to identify the urgency of legal protection for consumers of illegal online lending institution.The method used in this study is normative juridical method by examining library materials or secondary data. The results showed that there are substance problems in legal protection for consumers of illegal online loan institutions in the era of revolution 4.0 which has implications for the ineffectiveness of existing regulations. Therefore, it is urgent to form new regulations that are able to regulate specifically, firmly, and thoroughly so as to create responsive laws, in order to create comfort and security for consumers of online lending institutions in Indonesia.
Developing an Indonesian Regulatory Framework in the Face of SEZs 5.0 Hutauruk, Rufinus Hotmaulana; Tan, David; Situmeang, Ampuan; Disemadi, Hari Sutra
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.67623

Abstract

Numerous emerging economies have embraced Special Economic Zones (SEZs) as more than just an instrument for policymaking to encourage growth and industrial development. Today’s “SEZ 5.0,” which is based on novel digital inventions offers a gateway to economic progression. This research utilizes the normative juridical method and secondary data based on library research. This research is novel in the way that it illuminates the numerous key lessons from effective SEZ practices, such as: geographical advantage, interoperability of zone strategic plan with the overarching development plan, acknowledging the context of the industry, and harnessing comparative advantage, as well as, making sure that SEZs are “special” in contexts of a business-friendly atmosphere supported by a sound statutory and regulatory model, along with the articulation of sustainable practices and adaptability towards the volatility of the market. This research recommends key policy lessons for the Indonesian SEZ governance.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN DISTRICT ATTORNEY’S OFFICE OF ROKAN HULU: CONTEMPORARY ISSUES Martua, Susanto; Situmeang, Ampuan; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8286

Abstract

The Attorney General's Office issued Regulation of Attorney General Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (hereinafter written RAG No. 15/2020). According to this regulation, the Public Prosecutor has the right to stop prosecuting the accused in certain cases, if the victim and the defendant have agreed to an amicable agreement. The existence of RAG No. 15/2020 which gives the Prosecutor's authority to stop prosecutions based on restorative justice is a breakthrough in the settlement of criminal acts. Restorative justice is an approach in resolving criminal acts which is currently being voiced again in various countries. Through a restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by prioritizing win-win solutions, and emphasizing that the victims' losses are replaced and the victims forgive the perpetrators of the crime in condition that is committed with the value of the evidence or the value of the loss caused by the crime of not more than 2.5 million rupiah. Referring to the principle of fast, simple, and low-cost justice, RAG Number 15 of 2020 has been accommodated for settlement through an out-of-court process, namely a peace process between the victim and the perpetrator. The peace process is carried out by the parties voluntarily, with deliberation for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor acts as a facilitator, which means that he has no interest or connection with the case, the victim, or the suspect, either personally or professionally, directly or indirectly.
Addressing Indonesian Child Marriage: Comparative Study of Global Standards and Best Practices Situmeang, Ampuan; Silviani, Ninne Zahara; Fitri, Winda
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5022

Abstract

Child marriage is a significant human rights issue as it deprives children around the world of their childhood, education, and safety. Its unfortunately a practice that still has prevalence in Indonesian society. This research is done for the purpose of analyzing the threat of child marriage and the urgency for a dedicated effort to tackle this issue normatively. Through the normative legal research method and supported by comparative analysis, this research analyzes how the Indonesian legal framework fare up to international human rights standards and best practices around the world, in tackling the practice of child marriage. Findings of this research suggest that child marriage can still be considered a neglected human rights abuse, due the minimum number of legal developments throughout the years. The findings expose the legal loophole and the lack of criminalization which can contribute to the prevalence of this dangerous phenomenon. This research serves the purpose of the betterment of human rights protection in Indonesia, specifically on vulnerable underage girls, by providing insights and recommendations that the government may consider for future legal development.
Pencabutan dan Pembatasan Hak Memilih dari Ekspatriat: Sebuah Kajian Perspektif Konstitusional Rusdiana, Shelvi; Hutauruk, Rufinus Hotmaulana; Situmeang, Ampuan
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5032

Abstract

The right to vote as a fundamental human right in a democratic country like Indonesia, in fact cannot always be guaranteed to be implemented and its benefits can be realized. The problem of election integrity in Indonesia, which has not improved, has encouraged Indonesia to continue to update its democratic party implementation system, including considering various existing alternatives. Revoking and limiting expatriates' right to vote is a practice that has actually been carried out by other countries, to improve the integrity of elections. This research aims to analyze the possibility of revoking and/or limiting the right to vote from expatriates as an effort to increase election integrity, with a constitutional lens. This analysis is supported by normative legal research methods, with a statutory approach and a comparative approach. The research results found that although revoking the right to vote from expatriates is an unconstitutional option and has not been implemented, the government can implement limiting the right to vote from expatriates to cover the normative gap that exists regarding citizenship, while increasing the accuracy of election list data, by implementing several policies that have been implemented by other countries
Contextualizing Consumer Data Protection within the Operational Principles of Banking: A Legal Inquiry Situmeang, Ampuan; Disemadi, Hari Sutra; Marsudi, Irvan Ricardo
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5458

Abstract

This research aims to analyze the regulatory framework for the implementation of operational principles in banking as an effort to protect consumer data in Indonesia. The research method employed is normative legal research with a legislative approach to analyze banking regulations. This study involves the analysis of secondary data. The results indicate that the regulation of the implementation of operational principles in Indonesian banking has provided legal certainty in the protection of consumer data. Banks in Indonesia are mandated to maintain the confidentiality of consumer data, enhance trust, and manage risks with caution. The research also identifies several challenges and shortcomings that need further consideration to strengthen consumer data protection. The implementation of operational principles in banking, such as the Principles of Trust, Confidentiality, Prudence, and Know Your Customer (KYC) Principles, constitutes critical steps in safeguarding consumer banking data in the digital era.
Co-Authors Agustianto Agustianto, Agustianto Agustin, Indri Ceria Agustini, Shenti Alhakim, Abdurrakhman Amboro, FL Yudhi Priyo Antony Aulia Putri Brelly, Adolfh Davina Shebiartha, Kyushu Disemadi, Hari Sutra Edison Edison Febriyani, Emiliya Fitri, Winda Girsang, Junimart Haiti, Rudolf Halawa, Filemon Hieu, Le Ho Trung Hutauruk, Rufinus Hotmaulana I Gusti Bagus Wiksuana Irawan, Dhenisa Oktavia Jaya, Febri Karo Karo, Rizky Pratama Putra Kusmayanti, Rita Lu Sudirman Mahardihka, Delvin Shakira Mahendra, Adam Marsellia, Dini Marsudi, Irvan Ricardo Martua, Susanto NURLAILY, NURLAILY Nurviani, Nanny Panama, Nikolas Park, Jihyun Polim, Taufik Prakasa, Satria Unggul Wicaksana Rahmad, Tedi Sutadi Razak, Siti Suraya Abd Rina Shahriyani Shahrullah Rusdiana, Shelvi Saefudin, Yusuf Santiago, Owen saputra tanwir, yopta eka Shahriyani Shahrullah, Rina Silviani, Ninne Zahara Sohheng, Nipon Sunatoyoga, Jody Tan, David Tan, Winsherly Tantimin Tantimin, Tantimin Trinh, Hien Weley, Nadia Carolina Wulandari, Aura