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Imperfect Information of Bankers Clause in Credit Agreements in Banking Institutions: Further Legal Impact Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Hardiago, David; Woodward, John
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.76529

Abstract

Banking institutions primarily serve as intermediaries, collecting funds from the public through deposits (including savings, deposits, and current accounts) and redirecting these funds to the public in the form of credit. The execution of credit transactions necessitates a formal credit agreement to ensure legal certainty. These agreements typically follow a standardized pattern, with the bank drafting the terms and customers, often in a position of economic dependency, obliged to sign. Within the credit agreement, a crucial component is the banker clause, designed to mitigate credit risks. In the event of unforeseen circumstances, such as the customer's demise, this clause ensures that an insurance company settles the remaining debt. However, the effectiveness of this clause is contingent on the comprehensiveness of the insurance coverage. One noteworthy issue arises from the lack of transparency during the signing of credit agreements. Customers, represented solely by the bank during this process, may not be fully informed about the intricacies of the banker clause. Consequently, customers have found themselves in situations where they are obligated to fulfill outstanding credit obligations despite insurance claim rejections due to undisclosed specifics of certain diseases. To address this concern, it is imperative to establish explicit regulations governing disclosing information related to the banker clause during the signing of the credit agreement. This necessitates a collaborative effort involving the customer, bank, and insurance institution, ensuring that all relevant parties convene to discuss and clarify the terms of the credit agreement, particularly those related to the banker clause.
Pembaharuan Undang-Undang Nomor 40 tahun 2007 Tentang Perseroan Terbatas Dalam Rangka Memaksimalkan Program Tanggung Jawab Sosial Lingkungan Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Admiral, Admiral; Taupik, Muhammad; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol 11, No 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.904

Abstract

Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies establishes social and environmental responsibilities for companies operating in or related to natural resources. Companies based on information and technology must also be accompanied by changes in legal norms, especially in the field of implementing environmental social responsibility. According to Law Number 40 of 2007 concerning Limited Liability Companies, only companies whose business activities are related to natural resources or businesses that impact the environment are subject to environmental social responsibility, while IT startups and digital businesses do not disturb natural resources and do not affect the environment. Changes in society are indeed followed by changes in legal norms. The older a law gets, the more weaknesses and shortcomings it will have. Changes in norms governing environmental social responsibility must be adjusted to the current business climate. Environmental Social Responsibility should also be mandated for companies operating in the digital business sector. To maximize environmental social responsibility for large companies operating in the digital business sector, it must be supported by adequate legal norms.
Beyond Confidentiality: Advocates’ Reporting Duties in the War Against Money Laundering Adinda, Fadhel Arjuna; Rahmawati, Ema; Suparman, Eman; Sutiyoso, Bambang; Hamzah, Rosyidi; Woodward, John
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.21893

Abstract

The Principle of Recognizing Service Users (Prinsip Mengenali Pengguna Jasa, PMPJ), as outlined in Article 3 of Government Regulation No. 61 of 2021 concerning Amendments to Government Regulation No. 43 of 2015 on Whistleblowers in the Prevention and Eradication of Money Laundering Crimes, underscores the role of advocates as mandatory whistleblowers. This creates legal challenges regarding its implementation, resulting in a dialectical tension with the central argument that while PMPJ obligations are firmly grounded in normative legal frameworks, advocates—who are explicitly required to uphold these provisions—find no compelling legal basis for such duties in Law No. 18 of 2003 on Advocates (the Advocate Law). The principle of Lex Superior Derogat Legi Inferior further complicates this issue, as it suggests that the Advocate Law, being of a higher legal order, supersedes the obligations imposed by PMPJ. The primary objective of this study is to critically analyze the implementation of PMPJ, specifically focusing on the supporting and inhibiting factors in the context of preventing and combating money laundering crimes. The findings highlight that the failure to optimally implement PMPJ within the advocate profession is largely due to the unresolved legal dialectic surrounding the obligations of advocates. This issue has not been addressed in prior studies, representing a novel contribution of this research. Consequently, this study proposes the need for a reformulation of the Advocate Law, emphasizing the explicit inclusion of advocates' obligations regarding the implementation of PMPJ principles.
Advocating Legal Certainty in Status Transition of Individual Companies Exceeding MSEs Criteria to Limited Liability Wiriatma, Dodo Wiradana; Admiral, Admiral; Hamzah, Rosyidi; Febrianto, Surizki; Syafrinaldi, Syafrinaldi; Hyeonsoo, Kim
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.22263

Abstract

The enactment of Law Number 6 of 2023, concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 on Job Creation, introduced the Individual Company as a legal entity designed to empower Micro and Small Enterprises (MSEs). This provision enables the establishment of a company by a single individual, a departure from the traditional requirement of at least two shareholders. The Job Creation Law, supported by Government Regulation Number 8 of 2021, outlines that an Individual Company is created through a Statement of Establishment, without the need for a Notary Deed, in line with the provisions for MSEs as stipulated in Government Regulation Number 7 of 2021. However, this legal framework creates challenges when an Individual Company exceeds the MSE criteria or gains more than one shareholder. In such cases, the company must transition into a Limited Liability Company (LLC), a process that requires the drafting of a notary deed and registration through the Ministry of Law and Human Rights’ online AHU system. This research focuses on advocating for legal certainty in the status transition of Individual Companies to Limited Liability Companies, which currently involves the dissolution of the original entity before the new LLC can be formed. The lack of a clear, comprehensive legal mechanism for this transition causes significant legal uncertainty. This paper examines the gaps in the existing legal framework and proposes solutions to streamline the conversion process, eliminating the need for dissolution. By advocating for legal certainty in the status transition, this research contributes to the broader discourse on improving the General Legal Administration system, ensuring that the legal status of businesses aligns with their evolving needs, and facilitating smoother business expansion and growth.
Tinjauan Hukum Tentang Pelaksanaan Pernikahan Siri Di Desa Pekan Heran Kecamatan Rengat Barat Kabupaten Indragiri Hulu Menurut Undang-Undang Perkawinan Nomor 1 Tahun 1974: Legal Overview of the Conduct of Siri's Marriage In Pekan Heran Village, Rengat Barat District, Indragiri Hulu Regency According to the Marriage Law Number 1 of 1974 Ridhanti, Anissa; Fitra, Rahmat; Hamzah, Rosyidi
Jurnal Kajian Ilmu Hukum Vol. 1 No. 1 (2022): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v1i1.208

Abstract

Abstrak Pernikahan siri secara agama dikatakan sah, namun sangat bertentangan dengan hukum positif di Indonesia. Sehingga akibat dari pernikahan siri ini menimbulkan banyak masalah dan kerugian yang ditujukan kepada perempuan. Padahal, masyarakat sudah banyak melakukan pernikahan siri ini sejak zaman dahulu. Penelitian ini dilakukan untuk mengetahui pelaksanaan pernikahan siri di Desa Pekan Heran Kecamatan Rengat Barat Kabupaten Indragiri Hulu beserta akibat hukum yang ditimbulkan menurut Undang-Undang Perkawinan Nomor 1 Tahun 1974. Metode penelitian yang digunakan yaitu penelitian hukum empiris dengan cara survey ke lapangan dan jenis penelitiannya deskriptif yakni menggambarkan penelitian yang jelas dan lengkap. Berdasarkan penelitian, penulis menyimpulkan pelaksanaan pernikahan di Desa Pekan Heran tidak dicatatkan di Kantor Catatan Sipil, guna untuk menjamin kepastian hukum dan memudahkan urusan administrasi di kemudian hari. Lalu, akibat hukum dari pernikahan siri ini adanya pihak dirugikan seperti istri dan anak. Bagi istri, ia tak dapat menuntut haknya berdasar hukum di Indonesia dan bagi anak yang lahir dari hasil pernikahan siri, tentunya membuat anak tak dapat mewarisi pihak ayahnya. Ia dianggap mempunyai hubungan perdata dengan ibunya dan keluarga ibunya saja. Abstract Unregistered marriage is said to be legal, but it is against positive law in Indonesia. So as a result of this unregistered marriage caused many problems and losses aimed at women. In fact, many people have done this series of marriages since ancient times. This research was conducted to determine the implementation of unregistered marriages in Pekan Heran Village, West Rengat District, Indragiri Hulu Regency and the legal consequences caused according to Marriage Law Number 1 of 1974. The research method used is empirical legal research by means of field surveys and the type of research is descriptive. which describes the research clearly and completely. Based on the research, the authors conclude that the implementation of marriages in Pekan Heran Village is not registered at the Civil Registry Office, in order to ensure legal certainty and facilitate administrative affairs in the future. Then, the legal consequence of this unregistered marriage is that there are disadvantaged parties such as wives and children. For a wife, she cannot claim her rights under Indonesian law and for a child born from an unregistered marriage, of course, the child cannot inherit his father's side. He is considered to have a civil relationship with his mother and only his mother's  Abstract Unregistered marriage is said to be legal, but it is against positive law in Indonesia. So as a result of this unregistered marriage caused many problems and losses aimed at women. In fact, many people have done this series of marriages since ancient times. This research was conducted to determine the implementation of unregistered marriages in Pekan Heran Village, West Rengat District, Indragiri Hulu Regency and the legal consequences caused according to Marriage Law Number 1 of 1974. The research method used is empirical legal research by means of field surveys and the type of research is descriptive. which describes the research clearly and completely. Based on the research, the authors conclude that the implementation of marriages in Pekan Heran Village is not registered at the Civil Registry Office, in order to ensure legal certainty and facilitate administrative affairs in the future. Then, the legal consequence of this unregistered marriage is that there are disadvantaged parties such as wives and children. For a wife, she cannot claim her rights under Indonesian law and for a child born from an unregistered marriage, of course, the child cannot inherit his father's side. He is considered to have a civil relationship with his mother and only his mother's family.
Pembaharuan Undang-Undang Nomor 40 tahun 2007 Tentang Perseroan Terbatas Dalam Rangka Memaksimalkan Program Tanggung Jawab Sosial Lingkungan Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Admiral, Admiral; Taupik, Muhammad; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.904

Abstract

Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies establishes social and environmental responsibilities for companies operating in or related to natural resources. Companies based on information and technology must also be accompanied by changes in legal norms, especially in the field of implementing environmental social responsibility. According to Law Number 40 of 2007 concerning Limited Liability Companies, only companies whose business activities are related to natural resources or businesses that impact the environment are subject to environmental social responsibility, while IT startups and digital businesses do not disturb natural resources and do not affect the environment. Changes in society are indeed followed by changes in legal norms. The older a law gets, the more weaknesses and shortcomings it will have. Changes in norms governing environmental social responsibility must be adjusted to the current business climate. Environmental Social Responsibility should also be mandated for companies operating in the digital business sector. To maximize environmental social responsibility for large companies operating in the digital business sector, it must be supported by adequate legal norms.