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Legal Analysis Of The Exclusion Of A Creditor From The Final Creditor's List Sihombing, Sherina Elizabeth; Debora, Debora; Sidauruk, Jinner
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 9, No 1 (2025): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v9i1.11702

Abstract

This study aims to analyze the legal actions that can be taken by creditors who are excluded from the final creditor's list and assess the legal consequences of a bankruptcy ruling if the Renvoi Procedure is granted. The research was conducted using a normative juridical approach through a literature study of primary and secondary legal materials, including Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, court decisions, and expert opinions. A qualitative analysis technique was employed to interpret the norms, legal principles, and settlement practices in bankruptcy proceedings. The research findings indicate that a delay in submitting a claim by a creditor results in the rejection of that claim by the curator, causing the creditor's rights to be disregarded in the distribution of the debtor's assets. The Renvoi Procedure, as a legal mechanism available, provides the creditor with an opportunity to file an objection so that the rejected claim can be reinstated, without altering the status of the bankruptcy ruling that is binding on all creditors. Therefore, this study concludes that the Renvoi Procedure is an effective tool to address injustice in bankruptcy processes while ensuring the protection of creditor rights.
Juridical analysis of the division of joint property with inherited property after divorce Siahaan, Rikkot Immanuel; Sidauruk, Jinner
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.6200

Abstract

The legal consequences arising from divorce cases, one of which is the division of joint property. Which where joint property has been regulated in article 128 kuhperdata regarding the division of joint property after divorce or death. If there are problems in the division of joint property and or inheritance, the husband or wife can file a court lawsuit. In the lawsuit, the important main objective is the existence of mediation outside and inside the court and the judge's consideration in determining the division of property. The aim is to understand the efforts of the parties to be understood before the court decision and the panel of judges in determining the division of joint property due to divorce. This case study is descriptive analytical in nature, namely by analyzing, namely by conducting research using laws and regulations and literature related to the division of joint property after divorce.
Legal Protection for Consumers Against Online Sales of Frozen Food That Do Not Have A Distribution Permit from The Food & Drug Supervisory Agency Manurung, Rosa Desi Natalisma; Sidauruk, Jinner; Gultom, Meli Hertati
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.47253

Abstract

With so many frozen foods sold online, they must meet various requirements and procedures before they can be marketed and disseminated to the public, one of which is by including a distribution permit number. The provisions of a distribution permit are intended to protect the public from unsafe, low-quality and non-nutritious food products. However, some consumers still do not pay attention to the distribution permit. The problem that arises in this research is how legal efforts are made by consumers for processed frozen food that does not have a distribution permit that is traded online in terms of Legal Protection for Consumers in the Distribution of Unlicensed Frozen Food by BPOM in terms of Law Number 8 of 1999 concerning Consumer Protection, Law Number 18 of 2012 concerning Food, Food and Drug Monitoring Agency Regulation Number 8 of 2020 concerning the Supervision of Drugs and Food Circulated Online, Law Number 36 of 2009 concerning Health and how the responsibility of the Center for Food and Drug Control (BBPOM) for the circulation of frozen food products that do not have a distribution permit. To answer the problem, it is handled through the application of a normative legal research approach, which is a method that refers to legal norms carried out by literature study. The results of this study show that consumers are protected under several laws. Basically, consumers know about the importance of the distribution permit for cold processed food products, but they do not fully understand consumer protection. And shows that the Food and Drug Supervisory Agency Regulation Number 8 of 2020 concerning the Supervision of Drugs and Foods circulated online requires processed food products sold online to have a distribution permit and ensure the safety and quality of processed food products. To supervise the circulation of processed food, BPOM builds and assists businesses and cooperates with the Health Office. And the attitude of responsibility of business actors is in accordance with Article 19 of the UUPK.
The Legal Arrangements of Intellectual Property Rights in Indonesia on Addressing Priority Watch List Status Manurung, Oktavia Pitta Marito; Sidauruk, Jinner; Situmorang, Samuel FB
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.47251

Abstract

Intellectual property law enforcement in Indonesia is not a new issue. Indonesia is still included in the Priority Watch List issued by the United States Trade Representative (USTR), which has an impact on the dynamics of international trade, particularly in influencing the decisions of foreign business actors to conduct trade activities in Indonesia. The issues examined in this research include: (1) How intellectual property law, specifically the provisions in Law No. 20 of 2016 concerning Trademarks and Geographical Indications, relate to trademark infringement as stated in the 2024 Special 301 Report by the USTR; and (2) what is the role and responsibility of the Indonesian Government in handling the Priority Watch List status in the 2024 Special 301 Report by the USTR. This research used a prescriptive normative (doctrinal) legal research method, with the aim of providing a comprehensive understanding of legal issues related to trademarks and government responsibilities in the context of international trade. The result show that the role and responsibility of the Indonesian government in addressing priority watchlist status, including raids and raids, conducting international cooperation with INTERPOL, USPTO. Indonesia is also active in implementing socialization and education on the importance of complying with intellectual property laws, to the point of forming an intellectual property task force such as an operational task force (Satgas OPS) to handle complaints of intellectual property violations.
Tokopedia's Legal Responsibility to Consumers for Non-Compliance of Electronic Goods in the Online Trading System Ginting, Meilani Amanda; Sidauruk, Jinner; Gultom, Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15145

Abstract

This study discusses Tokopedia's legal responsibility to consumers for the non-conformity of electronic goods in the online trading system. Although regulations regarding consumer protection have been established, there are still losses incurred from e-commerce platforms that do not provide legal accountability in accordance with the laws and regulations. Consumers often experience losses due to products received that do not match the product descriptions made by businesses on Tokopedia. Although there are regulations governing consumer protection, such as Law No. 8 of 1999 on Consumer Protection and Law No. 11 of 2008 on Information and Electronic Transactions (ITE Law), many consumers still suffer losses due to the inadequate supervision and dispute resolution systems provided by the platform. This study employs a normative legal method with a regulatory approach and a conceptual approach. The findings indicate that Tokopedia bears civil, administrative, and in certain circumstances criminal legal liability, and that consumers have the right to pursue legal action both through litigation and non-litigation means. An evaluation and reformulation of the system are needed to strengthen consumers' position within the e-commerce ecosystem.
ANALISIS HUKUM BISNIS TERHADAP UNDANG-UNDANG CIPTA KERJA DALAM INDUSTRI KELAPA SAWIT (Sengketa Perizinan Pasca Implementasi OSS-RBA) Situmorang, Olyhabana; Anggusti, Martono; Sidauruk, Jinner
Jurnal Syntax Transformation Vol 6 No 8 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i8.1104

Abstract

The palm oil industry is a strategic sector for the Indonesian economy, but in practice it often faces various problems, particularly related to licensing, which triggers conflicts. In response, the government passed the Job Creation Law, which introduced the Online Single Submission Risk-Based Approach (OSS-RBA) system to simplify regulations and accelerate the licensing process. This study aims to conduct a legal business analysis of the implementation of the Job Creation Law and its impact on licensing disputes in the palm oil industry following the implementation of OSS-RBA. Using a legal research approach, the analysis focuses on the gap between legal norms and their implementation in practice. The results of the study show that although the OSS-RBA is normatively intended to provide legal certainty and efficiency, in reality, the implementation of this system has actually led to new licensing disputes. The main problems identified include a lack of data synchronization between the central and regional governments, inadequate facilities and infrastructure, and insufficient human resources. Furthermore, this system is considered to weaken environmental control instruments and minimize public participation, as evidenced in cases where the participation of indigenous peoples is merely symbolic. This creates a gap between the administrative legitimacy obtained through the system and the socio-legal reality in the field. It is concluded that the effectiveness of the Job Creation Law in resolving disputes is highly dependent on strong implementation support. Therefore, comprehensive institutional reform is needed, including strengthening data interoperability across agencies, establishing a unified oversight body, and harmonizing central-regional regulations. This reform must be grounded in the spirit of achieving substantial justice that balances economic rights with social and environmental responsibilities, not merely procedural efficiency.
Legal Responsibilities of Corporations That Conduct Deeds Pollution Environment Based on Law N0. 32 Of 2009 Concerning Protection and Management Environment Herawati, Herawati; Simamora, Janpatar; Sidauruk, Jinner
Jurnal Mamangan Vol 12, No 2 (2023): Special Issue
Publisher : LPPM Universitas PGRI Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22202/mamangan.v12i2.9897

Abstract

Based on the results of the discussion above, it can be concluded that Law Number 32 of 2009 concerning Environmental Protection and Management is related to the Job Creation Law, namely Law Number 11 of 2020 concerning Job Creation where the Law has a positive impact on almost all existing laws and policies, because with the enactment of the Job Creation Law. Corporate legal responsibility for environmental pollution is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. In this framework, the active involvement of the government and the community plays an important role in the process of supervision and law enforcement against companies proven to have polluted. This research aims to enrich understanding of the extent to which the application of environmental law in Indonesia is effective, as well as to examine the potential for strengthening synergies between the government and society in realizing a healthy and sustainable environment. Corporate responsibility is not only limited to financial aspects, but also includes social and environmental dimensions. Therefore, companies are required to comply with applicable legal provisions and take concrete steps to prevent and reduce the negative impact of their business activities on the environment.
CRIMINAL LAW PERSPECTIVE ON CYBERBULLYING PHENOMENON ON SOCIAL MEDIA Silalahi, Keisha Anakku Putri; Sidauruk, Jinner; Gultom, Meli Hertati
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.14831

Abstract

Cyberbullying in Indonesia has become a serious concern in recent years, with the increased use of digital technologies such as social media and instant messaging applications as the main platforms. This phenomenon not only includes various forms such as insults and threats, but also seriously impacts the mental health of victims, including high levels of stress, anxiety, and depression. The ITE Law and the Criminal Code provide the legal foundation to address cyberbullying, although implementation still faces challenges in consistency and effectiveness of law enforcement. Effective prevention strategies, such as education on digital etiquette and public awareness raising, are needed to reduce the incidence of cyberbullying in Indonesia. Active cooperation between the government, educators, technology platforms, and communities is key to creating a safe and supportive online environment for all technology users, particularly the younger generation who are most vulnerable to the negative impacts of cyberbullying.
PERBANDINGAN PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA MENGENAI PERSELISIHAN TENTANG HASIL PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN TAHUN 2019 DAN 2024 Sinaga, Budiman N P D; Habeahan, Besty; Sidauruk, Jinner; Sibarani, Asiroht Can Sauli Sibarani Can Sauli
MIZAN, Jurnal Ilmu Hukum Vol 14 No 2 (2025): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v14i2.8307

Abstract

Pada tanggal 14 Februari 2024 telah dilaksanakan Pemilihan Umum untuk memilih anggota Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dewan Perwakilan Daerah Provinsi, Dewan Perwakilan Daerah Kabupaten, Dewan Perwakilan Daerah Kota, serta Presiden dan Wakil Presiden. Pada tanggal 20 Maret 2024 Komisi Pemilihan Umum Republik Indonesia telah mengumumkan hasil untuk pemilihan umum Presiden dan Wakil Presiden bahwa pasangan Prabowo Subianto-Gibran Rakabuming Raka menang dari pasangan Anies Baswedan-Muhaimin Iskandar dan Ganjar Pranowo-Mahfud MD. Melalui penelitian ini ingin diketahui mengenai hal yang dipersengketakan dalam perselisihan hasil Pemilihan Umum Presiden dan Wakil Presiden di Mahkamah Konstitusi pada tahun 2019 dan 2024 serta diperbandingkan. Penelitian akan dilakukan terhadap putusan Mahkamah Konstitusi tentang penyelesaian sengketa hasil pemihan umum Presiden dan Wakil Presiden. Oleh karena itu, metode penelitian yang sesuai adalah penelitian hukum dengan metode perbandingan hukum Bahan-bahan hukum yang akan diteliti mencakup bahan hukum primer. Dari penelitian ini dapat disimpulkan sebagai berikut: Pertama, hal yang dipersengketakan dalam perselisihan tentang hasil Pemilihan Umum Presiden dan Wakil Presiden di Mahkamah Konstitusi pada tahun 2019 mengenai hasil pemilihan umum dan proses pemilihan umum. Kedua, hal yang dipersengketakan dalam perselisihan hasil Pemilihan Umum Presiden dan Wakil Presiden di Mahkamah Konstitusi pada tahun 2024 mengenai hasi; dan proses pemilihan umum. Ketiga, dari perbandingan putusan Mahkamah Konstitusi dalam Putusan perselisihan tentang hasil Pemilihan Umum Presiden dan Wakil Presiden pada tahun 2019 dan 2024 dapat diketahui bahwa meskipun pada hakikatnya hal yang disengketakan mengenai hasil pemilihan umum dan proses pemilihan umum tetapi terdapat perbedaan amar putusan di antara berbagai putusan Mahkamah Konstitusi tersebut. Kata Kunci: Mahkamah Konstitusi, Pemilihan Umum, Perselisihan, Presiden, Sengketa, Wakil Presiden.