Article Per Year (5 Year)
p-Index From 2021 - 2026
9.39
P-Index
This Author published in this journals
All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Humani (Hukum dan Masyarakat Madani) Jurnal Ius Constituendum Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum PALAR (Pakuan Law review) Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Syntax Transformation Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah Nommensen Journal of Legal Opinion Jurnal Hukum PATIK JHCLS Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Bacarita Law Journal Jurnal Ilmu Hukum Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Mamangan Social Science Journal Golden Ratio of Data in Summary JUDGE: Jurnal Hukum Priviet Social Sciences Journal Indonesian Journal of Advanced Research (IJAR) HUMANITIS : Jurnal Humaniora, Sosial dan Bisnis Indonesian Journal of Law and Justice Anayasa Journal of Accounting Law Communication and Technology SASI International Journal of Law, Crime and Justice Journal of Health Education Law Information and Humanities
Martono Anggusti
Universitas HKBP Nommensen
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences

Published : 83 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 83 Documents
Search

 1   2   3   4   5 
Legal Analysis of a Company Merger Cyntia Vebrina Simamora; Anggusti, Martono; Sidauruk, Jinner
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1283

Abstract

Companies play a crucial role in the economy, both in terms of business, social, and environmental aspects. In facing global competition, merger strategies are one way companies use to improve efficiency, competitiveness, and market share. However, mergers also bring significant legal impacts, particularly regarding changes in organizational structure, human resource management, and compliance with applicable regulations. This study aims to analyze the positive legal impacts of the merger carried out by PT Pelindo Regional 1, including its effects on the legal status and ownership of the company, asset transfer, employee rights, and the potential reduction in competition levels. This research uses a normative juridical method with a library research approach, examining relevant regulations such as Law No. 40 of 2007 on Limited Liability Companies and Government Regulation No. 101 of 2021 on Company Mergers. The study finds that while mergers have the potential to enhance company efficiency and competitiveness, this process must be carefully managed to avoid legal issues, especially concerning employee rights and competition supervision. Therefore, companies need to ensure compliance with existing regulations and conduct due diligence to mitigate potential legal risks.
Legal Analysis of Criminal Punishment for Perpetrators of Illegal Mining Criminal Acts Resulting in Forest Damage (Decision Number 495/Pid.Sus/2022/PN Kdi) Nola Putra E. C Simanungkalit; Martono Anggusti; July Esther
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1305

Abstract

This research focuses on the analysis of forest damage due to mining activities carried out without permits, which is considered a criminal act. Apart from that, this research also discusses criminal liability and the judge's considerations in imposing penalties related to forest damage caused by illegal mining based on Decision Number: 495/Pid.Sus/2022/PN Kdi. The approach used in this research is normative, involving a statutory approach, conceptual approach, and case approach, as well as utilizing primary and secondary legal sources from literature studies, with prescriptive analysis. From this research, several conclusions were found. Firstly, mining carried out without a permit in the forest is classified as a criminal act of illegal mining which is regulated in Law Number 3 of 2020 which amends Law Number 4 of 2009 concerning Mineral and Coal Mining, especially relating to the management of forest areas without permits as stated in listed in Article 78 paragraph (2) letter , in conjunction with Article 50 paragraph (3) letter a, of Law Number 41 of 1999 concerning Forestry. Second, for criminal liability resulting from misuse of mining business permits which causes forest damage, the sanctions imposed are in the form of prison sentences and fines, which can result in imprisonment for six months and a fine of Rp. 500,000,000.00. If the fine is not paid, it will be replaced by a prison sentence of two months. This is due to the fact that the defendant was legally and convincingly proven to be involved in the act of "taking part in carrying out, using and occupying forest areas illegally".
The Urgency of Law Enforcement Regarding The Existence of Subsidiaries as a Form of Avoidance of Laws Prohibiting Monopoly Practices and Unfair Business Competition Dwi Natalia Martama Hutabarat; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1314

Abstract

This research analyzes the legal position of subsidiaries in the context of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The main focus of the research is to identify legal loopholes in subsidiary regulations that can be exploited for monopolistic practices and unfair business competition, as well as formulating legal remedies to address them. The research uses a normative juridical method with a case study approach to Lion Group Airlines. The results show that the regulation of group companies, which is still based on the 2007 Company Law with a single company approach, has created legal loopholes that allow monopolistic practices through subsidiaries. This is evident in the Lion Group Airlines case, where discriminatory practices occurred through exclusive agreements between the parent company and its subsidiaries, which harmed other business actors. To address these issues, several legal measures are needed, including: (1) prohibiting manipulation of company organs through corporate actions, (2) establishing a special supervisory body, (3) prohibiting market manipulation through subsidiaries, (4) implementing reversed burden of proof for negative market impacts, and (5) nullifying agreements that result in unfair competition. This research recommends the need for revision of Law No. 5 of 1999 to regulate more comprehensively about monopolistic practices through subsidiaries and strengthen supervision of corporate actions.
Liability of Indonesian Airlines for Refunds Due to Flight Cancellations Under Consumer Protection Law Panggabean, Azra; Anggusti, Martono; Siregar, Ria
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3666

Abstract

Flight cancellations often cause losses to consumers, both materially and immaterially, and cause uncertainty about the rights and amount of compensation in accordance with the regulations. This study aims to analyze the liability of Indonesian airlines in flight cancellations based on consumer protection regulations and the suitability of the airline's internal policies with applicable regulations. The method used is normative juridical research with a literature study approach. Primary legal materials include Consumer Protection Law No. 8 of 1999, Law No. 1 of 2009 concerning Aviation, as well as Ministerial Regulations PM 77/2011, PM 89/2015, and PM 30/2021. Secondary legal materials include internal airline policies, books, journals, and relevant legal literature. The analysis technique used is qualitative analysis with a descriptive approach. The results show that the internal policies of Indonesian airlines are generally in line with the laws and regulations related to flight cancellation. However, there are still some aspects that require optimization in the implementation of compensation and transparency of information to consumers. This regulatory alignment is expected to improve consumer protection, legal certainty, and the quality of airline services in handling flight cancellations.
Study Of Law No.6 of 2011 on Criminal Liability of Foreigners Who Violate Their Stay Permit In Indonesia (Overstay) Simatupang, Jeprita; Anggusti, Martono; Sihotang, Lesson
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3679

Abstract

The purpose of this research includes the regulation of citizen residence permits in Indonesia based on the Law on Immigration and how sanctions for citizens who violate residency permits in Indonesia or commonly referred to as Overstay The research used by researchers is a type of normative juridical research (legal research), namely using the source of legal materials in the form of legislation, decisions / court provisions, legal theory, approaches from books related to legal issues that are examined. Violations committed in the form of exceeding the deadline for residence permits (overstay), are subject to deportation as a special measure of immigration, legal sanctions against citizens who do not have a residence permit through administrative measures and criminal sanctions, subject to 5 years in prison, a fine of 500 million for those who fake visas / residence permits with the intention of being used in / out of Indonesia. 6 Year 2011 on Immigration, In its implementation, immigration control is a shared responsibility between immigration officials and the public, with the investigation of immigration crimes carried out by Immigration Servant Investigators (PPNS) in coordination with the Indonesian National Police.
Legal Protection for Remote Working Workers: Comparison of Positive Law Between Indonesia and United States Gultom, Jeges Imanuelita; Mayca, Ofelica Ruth; Simarmata, Prayusti Sarah; Sihombing, Sherina Elizabeth; Anggusti, Martono
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.830

Abstract

The development of increasingly diverse and time-spanning work arrangements: remote work systems need to be known and understood with certainty and legal protections for remote employees. Remote Working workers are prone to non-compliance with the following rights in the company's work cycle. The United States, one of the developed countries, has regulations to protect remote workers, and interpreting these regulations according to the situation in Indonesia can be helpful if they are implemented appropriately. This study aims to obtain reference materials regarding regulations that can be applied in Indonesia to ensure legal protection for remote workers. This research is comparative legal research using literature studies. In Indonesia, Remote Working worker regulations do not exist specifically, so they are still based on the Job Creation and Manpower Law. Meanwhile, in the United States, regulations for Remote Working workers have existed since 1990 until now. Despite the differences in legal systems between Indonesia and the United States, efforts are being made to coordinate appropriate regulations to develop government regulations in line with the increasing diversity of employment systems. Therefore, the government must clarify and follow up on determining legal protection for remote workers.
Settlement of Corporate Crime with Restorative Justice Approach Manurung, Gydeon Irmawan; Martono Anggusti; July Esther
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13521

Abstract

The resolution of corporate criminal offences with a restorative justice approach is an alternative effort in resolving cases involving corporations, which does not only focus on punishment, but also on restoring relationships between the parties involved, as well as efforts to repair the negative impacts caused by the criminal act. In the corporate context, this means that companies involved in criminal offences are not only subject to legal sanctions, but are also required to take social and moral responsibility for the harm caused, both to individuals, society and the environment. This approach has the potential to improve a company's reputation, minimise long-term social impacts, and encourage more ethical and responsible corporate practices. Restorative justice also provides space for companies to make internal improvements, such as reforming policies and procedures that can prevent the recurrence of similar criminal offences in the future. Thus, the resolution of corporate criminal offences through a restorative justice approach not only provides solutions for victims and perpetrators, but also contributes to the development of a more just and sustainable law.
Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Indonesian Positive Law Krisdian Rizki Havana Ndraha; Martono Anggusti; Sovia Febrina Tamaulina Simamora
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13567

Abstract

This writing aims to explore the Legal Protection of Minority Shareholders. Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Positive Law in Indonesia. The research method that the author uses is the normative legal research method normative research method that focuses on understanding the laws and regulations, legal norms and also legal issues related to this writing. The method This method of writing also uses a conceptual approach, namely collecting all sources and primary legal materials and primary legal materials, where the source of this writing comes from books, legal norms and also legal issues related to this writing. Based on the results of this writing, the author obtained the fact that the regulations governing Joint Venture cooperation in Indonesia are still not clearly or explicitly regulated, especially in the protection of the parties. especially in the protection of the parties involved in the joint venture cooperation. the joint venture cooperation including minority shareholders. With the adangan of the Civil Code Civil Code, Law No. 40 of 2007 Concerning Limited Liability Companies and Law Number 25 Year 2007 on Capital Investment can certainly be utilized by the parties involved in joint venture cooperation. utilized by the pharties involved in joint venture cooperation in order to have a strong legal position before entering into a joint venture agreement. before entering into a joint venture agreement
Legal Protection for Retail Investors in the Use of Financial Technology (FINTECH) Lista Ade Sumiati Bondar; Martono Anggusti; Sovia Febrina Tamaulina Simamora
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13569

Abstract

The rapid development of financial technology (fintech) has brought convenience in various aspects of financial transactions, including for retail investors. Despite providing new opportunities, fintech also presents challenges related to legal protection for retail investors, given the lack of clear regulations and the potential risks of fraud, platform bankruptcy, and financial loss. This study aims to examine the existing legal protection for retail investors in the use of fintech in Indonesia. Using an analytical descriptive approach, this study analyzes the existing regulations, as well as the protection mechanisms provided by the Financial Services Authority (OJK) and Bank Indonesia (BI). The results show that although regulations are in place, there are some gaps that need to be addressed, especially in terms of fintech platform transparency and investor rights. This research suggests the need for strengthened regulation and increased supervision to create a safer and fairer fintech ecosystem for retail investors. One of the main challenges is the difficulty in implementing regulations that are flexible but still provide adequate protection for retail investors, given the many fintech business models that continue to emerge.
Legal Analysis of Contract Change Orders (CCO) Affecting Addendums in Construction Contracts Rosiana Agnes Rizky; Martono Anggusti; Jinner Sidauruk
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13573

Abstract

This study examines the influence of Contract Change Order (CCO) on addendum in a contract, focusing on the legal aspects and practical implications in the implementation of construction projects. CCO is an important instrument that allows changes in the scope, cost, and time of a project, which can lead to the issuance of an addendum. Through a juridical-normative approach and case study analysis of the Diponegoro Street Widening and Overlay project in Sragen, this study found that CCO has significant legal power in influencing addendum. The results show that CCO not only affects the cost and time of implementation but also the quality of the final project results. The addendum process is crucial to ensure that all changes are officially recorded, as well as to maintain compliance with applicable regulations. This study concludes that effective change management through CCO and addendum is key to achieving construction project success.
Co-Authors Abdulrahman Sama-alee Adira Sitanggang Agusmidah Agusmidah Aritonang, Topan Billers Ayu Margareth R. Sitinjak Binsar Manogu Tua Butar, Edgar Butar Canryfay Elisabet Lumban Gaol Chansrakaeo, Ruetaitip Chindy Afrilia Christina N.M Tobing Collin Powel Hutabarat, Collin Powel Hutabarat Cyntia Vebrina Simamora Daniel Fransisco Rossi Daniel Sitohang Debora Debora Debora Debora Debora Debora Tambunan Debora Tambunan Debora, Debora Devi Panggabean, Azra Sri Dina Mayasari Sinaga Dwi Natalia Martama Hutabarat Esther, July Fithriatus Shalihah Fitri Yanni Dewi Siregar Fx. Rocky Corrado Sitepu, Rocky Ginting, Ekel Tuahta Gultom , Meli Hertati Gultom, Jeges Imanuelita Gultom, Meli Hertati Haposan Siallagan Haryono, Fadillah Herlina Manullang hisar sitohang Hutabarat, Dwi Natali M Hutabarat, Dwi Natalia Martama Hutagalung, Jordy William Hutauruk, Rahel inro Sitindaon Intan Mayasari Hutabarat Irfandy H Simanungkalit Janpatar Simamora Januari Sihotang, Januari Jeki Saroha Tamba Jinner Sidauruk Jinner Sidauruk Johansen E.H.Hasugian Jordy William Hutagalung Joyce Vania Sarumaha Juita Manalu Krisdian Rizki Havana Ndraha Lesson Sihotang Lesson Sitohang Lingga, Ebenni Lista Ade Sumiati Bondar Lumbantoruan, Abram Andriano Samapta Manalu, Juita Mantoma Tawanda Daeli Manurung, Berliana Feronika Manurung, Gydeon Irmawan Manurung, Oktavia Manurung, Rosa Marbun, Putra Hasian Marnipera Ngerika Sihombing Masni Purba Mayca, Ofelica Ruth Meli Hertati Gultom Mokosoina Ntuacademy Nababan, Natal Frantomas Nababan, Roida Nainggolan, Doni Fernando Ndraha, Krisdian Rizki Havana Nelson Manalu Nola Putra E. C Simanungkalit Olyhabana Situmorang Pakpahan, Joel Fredly Panggabean, Azra Panjaitan, Yosua Tahyudi Prayusti Sarah Simarmata Purba, Masni Rahmat Tri Andika Debataraja, Rahmat Rajali H. Aji Ria Juliana Siregar Richa Yohana Rusli Siahaan Risky, Rosiana Agnes robin panjaitan Roida Nababan Roida Nababan Roma Cita Sibatuara Rosiana Agnes Rizky Sagala, Wilson Samuel F. B. Situmorang Sesilia, Paskah Siahaan, David Pandapotan Siahaan, Lestari Siahaan, Richa Yohana Rusli Siburian, Lamhot Efriskon Sidauruk, Jinner Sihombing, Freean Gabriel Sihombing, Sherina Elizabeth Sihotang, Lesson Silalahi, Jonathan Agung Simandalahi, Eli Simandalahi, Eli Ristiana Simanjuntak, Iona Febrina Simanungkalit, Irfandy H Simarmata, Prayusti Sarah Simatupang, Jeprita Simatupang, Riris Simbolon, Krisna Uli Sinuhaji, Yefta Loviga Sipahutar, Pitra Regina Siregar, Jos Siregar, Ria Siregar, Ria Juliani Sitanggang, Adira Sitepu, Editama Joremia Sitorus, Bethsaidah Situmorang, Olyhabana Sivakkar, Sarsaralos Sonya Lorensa Sirait Sovia Febrina Tamaulina Simamora Sumiati Bondar, Lista Ade Tampubolon, Putri Melani Tarigan, Stevani Turnip, Yuni Arta Uton Utomo Veronika Waruwu Yansen Anggusti Yosua Tahyudi R. Panjaitan