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Rusdiana, Shelvi
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Penerapan Prinsip Arbitrase dalam Penyelesaian Sengketa Konsumen Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 dan Undang- Undang Nomor 30 Tahun 1999 Syarief, Elza; Rusdiana, Shelvi
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 (210.544 KB)

Abstract

This research aims to determine how the arbitration principles applied in the consumer disputes settlement based on Law No. 8 of 1999. This research used a normative legal research. After analyzing the data research, it can be seen that the implementation of the Arbitration principles in consumer dispute settlement in terms of Law No. 8 of 1999 was  deviating from the Arbitration principles of arbitration pursuant to Law of Arbitration namely Law No. 30 of 1999. Among them was a court intervention in the Arbitration?s settlement in Consumer Dispute Settlement Board, whereas with the presence of the arbitration agreement, it should remove the authority of the district court to check the dispute. This kind of Consumer dispute settlement process, also adheres to the principle of final and binding decision, as referred to article 54 paragraph ( 3 ) of Law No. 8 of 1999, but it still opens for legal remedy of appeal so that it raises legal uncertainty. Hence, the arbitration principles cannot be applied in consumer dispute resolution pursuant to Law No. 8 of 1999 and may raise new legal issues. === Penelitian ini bertujuan untuk mengetahui bagaimanakah prinsip-prinsip arbitrase yang diterapkan dalam penyelesaian sengketa konsumen berdasarkan Undang-undang Nomor 8 tahun 1999. Penelitian ini merupakan penelitian yuridis normatif. Setelah dilakukan analisis terhadap data-data penelitian, dapat diketahui bahwa penerapan prinsip-prinsip arbitrase pada penyelesaian sengketa konsumen ditinjau dari Undang-undang Nomor 8 tahun 1999 tentang Perlindungan Konsumen adalah menyimpang dari prinsip-prinsip arbitrase menurut Undang-undang Arbitrase nasional yaitu Undang-undang Nomor 30 tahun 1999. Diantaranya adanya campur tangan pengadilan dalam penyelesaian secara Arbitrase di BPSK, padahal dengan adanya perjanjian arbitrase menghapus wewenang pengadilan negeri untuk memeriksa sengketa tersebut. Proses penyelesaian sengketa konsumen melalui BPSK, juga menganut prinsip putusan final dan mengikat, sebagaimana yang dimaksud di dalam Pasal 54 ayat (3) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, namun masih dapat dilakukan upaya hukum keberatan yang dapat dilakukan oleh para pihak sehingga menimbulkan adanya ketidakpastian hukum. Atas dasar itulah prinsip-prinsip arbitrase tidak dapat diterapkan dalam penyelesaian sengketa konsumen menurut Undang-undang Nomor 8 tahun 1999 tentang Perlindungan konsumen dan menimbulkan permasalahan hukum baru.  
Pelaksanaan Asas Dominus Litis Jaksa pada Tahapan Penuntutan Rehabilitasi Pelaku Penyalahgunaan Narkotika Berdasarkan Asesmen Terpadu Rusdiana, Shelvi; Jaya, Febri; Anggresca, Risella Vini
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.13307

Abstract

Narcotics are substances or drugs derived from plants or non-plants that can cause a decrease or alteration in consciousness, loss of sensation, reduction or elimination of pain, and can lead to dependence. In fact, Law Number 35 of 2009 concerning Narcotics classifies between traffickers and users, each with different penalties, namely rehabilitation demands based on the stages of the case by the Prosecutor's Office following the principle of dominus litis, where the prosecutor controls the case. This study aims to examine the qualifications of criminal narcotics regulations with rehabilitation demands and to understand and analyze the implementation of the principle of dominus litis by prosecutors in handling criminal narcotics cases based on integrated assessments. This research employs a normative juridical research method that starts from statutory regulations, books, scientific journals with a legislative approach consisting of Law Number 35 of 2009, PERJA 029 of 2015 regarding Technical Instructions for Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions, Guideline Number 18 of 2021 regarding the Settlement of Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as the Implementation of the Dominus Litis Principle, using a conceptual approach. The demand for rehabilitation becomes the primary goal of case resolution in line with the principle of utility based on specific classifications according to prevailing provisions.
Sanctions For Non-Performing Corporate Social Responsibility Jaya, Febri; Hutauruk, Rufinus Hotmaulana; Rusdiana, Shelvi
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1751

Abstract

Introduction: Companies are legal materials that have a role in national development. Its role can be realized by carrying out corporate social and environmental responsibilities as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, many companies neglect this responsibility.Purposes of the Research: The purpose of this study is to analyze the sanctions related to companies that do not carry out these responsibilities.Methods of the Research: The method in this research is normative juridical. In this study also used literature study. In terms of reviewing this research, a judical basis was used which consisted of Law Number 40 of 2007 and Government Regulation Number 47 of 2012.Results of the Research: Based on the results of the research, it was found that the laws and regulations governing corporate social and environmental responsibility have a legal vacuum, namely that there are no clear sanctions for companies that do not carry out these responsibilities. The urgency of regulation is sanctions because by not regulating sanctions, there is an ambiguity of norms that will lead to legislative law.
Legality and Proof of Unwritten Agreements from a Civil Law Perspective Agustini, Shenti; Jaya, Febri; Rusdiana, Shelvi
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.2033

Abstract

Introduction: Making agreements in Indonesia can be done in written and unwritten form. This is in accordance with the principle of freedom of contract in the Civil Code. Unwritten agreements are also very often carried out in the business world because they are more efficient. However, unwritten agreements are problematic because they are very difficult to prove in civil court.Purposes of the Research: There are 2 (two) objectives in this research, namely first, to analyze the legal strength of unwritten agreements from the perspective of civil law books and second, to analyze evidence in civil courts for cases of breach of contract in unwritten agreements. Then to find the right legal solution in resolving default problems in civil court.Methods of the Research: The research method used in this research is normative juridical. This method uses literature study techniques. The type of data used comes from primary data, namely the Civil Code and legal principles, namely freedom of contract. then the secondary legal material used is in the form of previous research articles which examine the validity of unwritten agreements.Results of the Research: Based on the research results, it was found that unwritten agreements have binding legal force. However, in reality it is very difficult to prove it in court because evidence in civil law comes from written letters. Therefore, the solution that can be offered is the need for preventive and repressive legal efforts.
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
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.
Optimalisasi Sertifikasi Kesehatan Hewan untuk Karantina Produk Hewan di Kota Batam Agustini, Shenti; Rusdiana, Shelvi; Sitompul, Grace Margareth Petricia
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.3066

Abstract

This study delves into the pivotal role of animal health certification in overseeing animal quarantine in Batam City and its profound impact on the local animal product industry. Positioned as Indonesia's economic and industrial hub, Batam City has witnessed rapid growth in the animal product sector. Animal health certification significantly contributes to upholding the quality and safety of animal products in the region, addressing not only regulatory compliance but also considerations for environmental sustainability, human health, consumer trust, and adherence to regulations like Law Number 18 of 2009 regarding Livestock and Animal Health. The research aims to elucidate the urgency and relevance of animal health certification, pinpoint relevant regulations, and expound on the implications of certification within the contexts of animal health, consumer safety, and the trade of animal products in Batam City. The ramifications of animal health certification in Batam City are highly noteworthy, fostering heightened consumer confidence in animal products. Employing the normative legal research method with literature as the primary approach, the findings reveal administrative challenges and logistical hurdles in implementing animal health certification, proposing improvement measures for system efficiency to support the overarching goals of animal health, food safety, and community well-being.
Efektivitas Perlindungan Atas Upah Sebagai Hak Tenaga Kerja Outsourcing di Kota Batam Rusdiana, Shelvi; Jaya, Febri; Simatupang, Evlyn Grace
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.2920

Abstract

Outsourcing is a practice in the business world that has emerged since the late 80s and has become the main business strategy in a climate of increasingly fierce competition. Defined as a process of outsourcing or moving or buying up business activities to third parties, the main and foremost purpose of outsourcing is to save production costs. The purpose of this study is to determine the effectiveness of wage protection for outsourced labor rights in Batam and to find out how outsourced labor in practice in the field. This research uses empirical legal research methods using qualitative descriptive research types. The results of this study show that legal protection of wages as labor, especially the protection of the rights of outsourced labors in Batam, has not been optimal or effective. This is evidenced by the large number of outsourced labor workers who do not get their rights, especially not getting a decent salary. Outsourcing labor has created exploitative, discriminatory, degradative and fragmentative working conditions and is effective at weakening the power of trade unions. Such a situation needs to be corrected so that there is a balance between the interests of workers, employers and the government. The government is the main actor that must play a role in creating this balance. Regulatory factors in the form of laws and regulations made are very open to diversity of interpretations, very weak law enforcement, lack of quality and number of officers disnakertrans, unbalanced bargaining position of unions against employers. Another important condition that also causes labor losses is the lack of health insurance, work injury insurance, retirement insurance, old age insurance have not been established as tools to safeguard outsourced labors.
Implementasi Pembangunan Infrastruktur Kota Batam dalam Rangka Pengembangan Sebagai Kawasan Ekonomi Khusus (KEK) Tan, Winsherly; Rusdiana, Shelvi; Maryto S, Bella Oktavia
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3509

Abstract

Indonesia's diversity can become a magnet in itself to attract domestic and foreign tourists to enjoy the beauty of Indonesia itself. In the era of President Joko Widodo's administration, he planned the National Long Term Development Plan (RPJPN) through the Vision and Mission of the Development Priority Agenda as stated in the 1945 Constitution of the Republic of Indonesia No. 17/2007 concerning National Development for 2005-2025 Long Term Development Plan. The spearhead is aimed at development, especially regional development, to reduce the development gap between developing regions and underdeveloped regions in Indonesia by accelerating and leveling regional development. The author uses an empirical method for the effectiveness of the Implementation of Batam City Infrastructure Development in the Context of Development as a Special Economic Zone (KEK) through the observation method. In conclusion, the infrastructure for Special Economic Zones (KEK), then improving the One Single Submission (OSS) system, and increasing Human Resources which is the solution to the strategic problems experienced by each Special Economic Zone (KEK), as well as several other things that are expected by the Batam economy can experience a further significant increase, the public can feel it.
Blasphemy Laws and Their Implications for Religious Freedom and Expression: A Tri-Country Southeast Asian Perspective Situmeang, Ampuan; Rusdiana, Shelvi; Trinh, Hien; Agustianto, Agustianto; Tan, Winsherly
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.36893

Abstract

Blasphemy laws, while deemed important by some in protecting religious beliefs and practices, can have implication of conflicts with human rights. Utilizing comparative legal research method, this research aims to analyze how blasphemy laws in Indonesia and Thailand affect freedom of expression and religion. Findings of this study highlight the interplay between blasphemy laws, freedom of expression, and freedom of religion. This study also highlights the existing legal norms within relevant positive laws in Indonesia, Thailand, and Vietnam, that have implication of conflicts with freedom of expression and freedom of religion. Indonesia presents the most complex conflict between these human rights, while Thailand, despite offering greater freedom of expression, normatively falls short in religious freedom due to its preferential treatment of Buddhism and its clergy. Vietnam has the least implication of conflicts, as it only governs the prohibition against profaning a religion, which is significantly different than what constitutes as blasphemy, and allowing little to no room for multi interpretation.
Co-Authors Adiyanto Adiyanto Agustianto Agustianto Agustianto, Agustianto Agustini, Shenti Alhakim, Abdurrakhman Anggresca, Risella Vini Disemadi, Hari Sutra Elza Syarief, Elza Febriyani, Emiliya Fitri, Winda Hieu, Le Ho Trung Hotmaulana Hutauruk, Rufinus Hutauruk, Rufinus Hotmaulana Isnaini, Nurun Jaya, Febri Karo Karo, Rizky Pratama Putra Maryto S, Bella Oktavia Razak, Siti Suraya Abd Saefudin, Yusuf Seroja, Triana Dewi Sholahuddin Al-Fatih Silviani, Ninne Zahara Silviani, Ninne Zahra Simanjuntak, Elisa Nilla Sari Simatupang, Evlyn Grace Sitompul, Grace Margareth Petricia Situmeang, Ampuan Sohheng, Nipon Tan, David Tan, Winsherly Tantimin Trinh, Hien