Claim Missing Document
Check
Articles

Found 16 Documents
Search

Implementasi dan Implikasi Asas Kekhususan Sistematis pada Tindak Pidana Telekomunikasi Seroja, Triana Dewi; Fitri, Winda
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.662 KB)

Abstract

Abstract The purpose of this research is to analyze and to find the implementation and implication of special systematical principle (lex specialis systematic) in cases of violations of the law committed by telecommunication corporations. This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the implementation of Anti-Corruption law in this regard is less precise. This kind of offense should fall under the Telecommunication law because the subject, object, and cause and effect of the violation are governed heavily by Telecommunication law. And the legal implications of the implementation of the Anti-Corruption Law generates legal uncertainty in law enforcement. This research offers a solution by fabricating a technical guideline in the enforcement of lex specialis systematic for the laws that contain the said special characteristic as a handbook when confronted by cases that hold the potential falling under several laws.
Perjanjian Pokok dan Perjanjian Hak Tanggungan dikaitkan dengan Asas Pelengkap Seroja, Triana Dewi; Fitri, Winda
Journal of Law and Policy Transformation Vol 4 No 1 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (433.938 KB)

Abstract

Agreements for mortgages and complementary principles are two important legal issues in the Underwriting Rights Law. As a complement to the existence of an agreement on mortgages, it depends on the main agreement. Hence, its existence must be preceded by a principal agreement.This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the Underwriting Agreement preceded by the Principal Agreement could not be legally justified. This is Underwriting Rights are esablished or only have power, if the debt guaranteed by Underwriting Rights already exists. Unlike the case with the burden of mortgages that have been granted in the first credit agreement. It can also be charged to the next credit agreement that will exist in the future. Therefore, the Underwriting Law can be justified because it is in accordance with the complementary principle.
Juridical Analysis of the Effectiveness of Solid Medical Waste Management at the Health Center in Batam City Wulandari, Frisca; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.228

Abstract

Abstract An environment is a spatial unit consisting of all objects, energy sources, conditions, and living things whose behavior affects the continuity of life and human welfare and how this behavior relates to other living things. Medical waste is waste that has a greater influence on the emergence of infections because it contains pathogenic agents which have an impact on causing disease. With the problem of waste treatment, especially solid medical waste, especially during this pandemic, it is known that dealing with these problems requires a system that regulates and becomes a reference for achieving a standard of living and sustainable development. The Theory of Legal Effectiveness and Development Law Theory was used to analyze the implementation of this research. The method used in this study uses empirical juridical methods. The empirical legal research method is based on realities in the field through observations at 3 (three) Puskesmas in Batam City, namely Puskesmas Sekupang, Puskesmas Mentarau, and Puskesmas Sungai Langkai, which respectively are samples of the highest, medium and lowest total waste production within Dinas Kesehatan Kota Batam. Samples were taken by purposive sampling method.
Dual-Class Share Structure in the Indonesian Equity Market Seroja, Triana Dewi; Tan, David; Fitri, Winda; Rusdiana, Shelvi
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43733

Abstract

A lot of major equity markets abroad have allowed the listing of the Dual-Class Share Structure (DCSS) corporations. DCSS is an agreement in which two types of shares are issued by the very same firm, with one type of share conferring greater power compared to the other. The Indonesian Stock Exchange only allows for limited access for DCSS technology-related corporations to list on its Mainboard. To remain attractive as Southeast Asia's top financial centre, Indonesia needs to alter its securities regulations while making its listing market adaptable to meet the needs of various enterprises. This research aims to analyse and elaborate on permitting DCSS corporations to go public and devise suitable governance safeguards to guarantee the highest possible standards of corporate governance are upheld. This research explores the legal certainty and applicability of DCSS in the Indonesian equity market and abroad, using a qualitative approach and thematic analysis of secondary data. The major finding of this research is the acceptance of DCSS adds to issues with abuse of power by the controlling shareholders, which was outweighed by their cash flow rights. While those in favour of DCSS argue that the existing shareholders' main reason for choosing a DCSS arrangement is to preserve company control. Most major exchanges in the world have taken action to accommodate DCSS going public, like those in the USA, Hong Kong, Singapore, and China. Considering the magnitude of the Asian market, Indonesia can emulate the accomplishments of other exchanges too. A series of recommendations are provided to guarantee the highest standards of corporate governance can be upheld, such as: permitting DCSS for new entrants and innovative businesses, regulating the ownership of enhanced voting shares, and setting out sunset provisions for DCSS arrangement.Keywords: Company Law, DCSS, Dual-Class Shares, Equity Market.
JUSTICE MODERNIZATION IN THE DIGITAL DIVIDE OF INDONESIAN SOCIETY: A CHALLENGE Angin, Gracious Kesuma Prinstama Perangin; Nurlaily; Seroja, Triana Dewi
Awang Long Law Review Vol. 6 No. 1 (2023): 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.v6i1.1009

Abstract

As a developing country, Indonesia must keep abreast of and adapt to the dynamics that occur in the digital era. The government must make every effort to utilize information technology in implementing existing public policies. The Supreme Court of the Republic of Indonesia as a judicial institution that has direct contact with justice seekers has required technology-based legal services using e-court applications. The digital divide in Indonesia will greatly affect the ability of the people themselves to obtain their rights at the Indonesian judiciary. This study aims to examine whether the issuance of a judicial modernization legal policy is an appropriate law in the digital divide of Indonesian society. The method of this research uses qualitative methods based on in-depth observations of legal norms. Modernizing justice through the use of electronic applications this Indonesian society is a challenge for the government as a policymaker. This is because certain people still need assistance within their limitations in the digital world to face modern justice.
The Behind Closed Lenses: Analyzing the Efficacy of Personal Data Protection Laws in Combatting Hidden Cameras Weley, Nadia Carolina; Amboro, Florianus Yudhi Priyo; Seroja, Triana Dewi
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9158

Abstract

This study explores the effectiveness of personal data protection against hidden camera recordings in Batam City, which are used to identify a person and used for personal purposes, a problem in Indonesia despite the issuance of Act Number 27 of 2022 on Personal Data Protection. This research focuses on the aspects of legal protection and sanctions received by perpetrators of personal data and privacy sharing crimes; this study also identifies the challenges and opportunities Indonesian people face regarding their privacy in public places. The concept of personal data protection is analyzed through an empirical legal research method with a descriptive-qualitative approach, considering the current Indonesian legal framework. This research also involves Soerjono Soekanto's Theory of Legal Effectiveness and Chambliss and Seidman's Theory of the Working of Law, which will assist in elaborating the research. This research highlights the importance of public awareness and the role of supervisory agencies in addressing the risks of privacy-infringing camera recordings. The results show the need for a collaborative strategy between the government and society to strengthen personal data protection. The results of this study can assess the effectiveness of the enforcement of the PDP Law in Batam City through five factors and how the regulation in Indonesia overshadows the problems faced, such as the lack of law enforcement roles in Batam City and the lack of reminders such as facilities that can be a bridge for the public to know the prohibition of installing hidden cameras in public places that can endanger the public.
A Comparative Legal Study of Commissioner and Shareholder Authority over Director Negligence Case: Indonesia vs. Singapore Binti Yussofi, Putri Saphira Audesti; Seroja, Triana Dewi; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9813

Abstract

In terms of conducting business interactions through a PT, it is not uncommon for investors from Indonesia and Singapore to experience disharmony in practice, such as negligence by the board of directors that results in harm to the company. Therefore, it is important to have an effective legal mechanism to challenge such negligence so there is an urgency to identify and understand the differences between the legal framework in Indonesia and Singapore in dealing with directors' negligence is important for stakeholders to adopt best practices and improve corporate governance. The results show that derivative rights in Singapore provide a more effective and efficient tool for shareholders to challenge directors' negligence, with clearer legal procedures and stronger legal protections compared to Indonesia. The study concludes that the adoption of best practices from Singapore can improve corporate accountability and governance in Indonesia.
Comparative Legal Analysis of Incentives for Electric Vehicle Adoption in Indonesia and Malaysia Nurlaily, Nurlaily; Seroja, Triana Dewi; Sudirman, Lu; Silviani, Ninne Zahara; Agustini, Shenti
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.37719

Abstract

Carbon emissions play an important role in the acceleration of climate change, which threatens the livelihoods of many people around the world. Electronic vehicles (EVs) serve as a solution to this problem by reducing the amount of pollution and enabling the use of renewable energy as a source. This research analyzes the incentives provided by countries that are trying to reduce their carbon emissions with EVs, namely Indonesia and Malaysia. The analysis is supported by a comparative legal research method and statutory approach. This research finds that Malaysia’s framework of incentives is superior to that of Indonesia’s, as incentives provided by Indonesia do not address the issue of carbon emissions entirely and are buried within a very fragmented legal framework. The research proposes a number of changes that need to be made in Indonesia to support the EV industry in all of the aspects that are relevant to its development, such as R&D, human resources, consumer support, and financial support for manufacturers.
Effectiveness On The Implementation Of Minister Of Health Decree Number 6424 Of 2021 On Covid-19 Vaccination Doses 3 And 4 Fitri, Syari Ramdhania; Nurlaily, Nurlaily; Seroja, Triana Dewi
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2864

Abstract

Introduction: COVID-19 vaccination is an important initiative in the Indonesian government's strategy to manage the pandemic and achieve herd immunity. Based on the Decree of the Minister of Health Number 6424 of 2021, the government intends to increase the coverage of the third and fourth doses as part of the national vaccination program.Purposes of the Research: The purpose of this study seeks to evaluate the effectiveness of this policy in Riau Islands Province, especially to examine the obstacles faced in achieving adequate vaccination coverage.Methods of the Research: Using an empirical legal methodology with a sociological legal approach, this study analyzes data related to the implementation of vaccination and the factors that cause the absorption of the third and fourth doses to be suboptimal.Results Main Findings of the Research: Key findings show that although the administration of the first and second doses yielded positive results, the uptake of the third and fourth doses was still hampered by a variety of challenges, including legal factors, law enforcement factors, as well as a lack of public awareness and cultural challenges. Based on these findings, the government is advised to increase public outreach efforts, increase socialization and legal education, improve regulations and policies, strengthen law enforcement, provide incentives, education based on local wisdom, and cultural incentive programs. In addition, policies that prioritize public understanding and engagement are critical to achieving desired vaccination goals.
Pembaharuan Hukum dalam Transaksi Asuransi pada Marketplace Asuransi Online di Indonesia Anugerah, Fiqqih; Nurlaily, Nurlaily; Seroja, Triana Dewi
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1806

Abstract

The phenomenon of personal data misuse has become increasingly prevalent in today's society. Data breach cases in Indonesia are common due to weak regulations specifically designed to protect the personal data of online marketplace users. This study aims to investigate and analyze the phenomenon and implications of the development of insurance transactions within the scope of online marketplaces in Indonesia, as well as to provide recommendations for legal improvements or enhancements that are appropriate and can support healthy growth in Indonesia's online insurance industry. This research employs a normative legal approach by utilizing library research techniques to examine various guidelines. Secondary data collected through library research were analyzed using a qualitative juridical approach. The study is also supported by primary legal materials such as legislation. The findings of this study indicate that insurance agreements can be utilized to protect the confidentiality of personal data, ensure the certainty and security of transactions, and minimize the risks of digital transactions, such as fraud, delivery failures, and financial losses. Legal regulations related to online insurance marketplace businesses in Indonesia require adjustments and revisions to accommodate the rapid development of technology and e-commerce.