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ANALISIS YURIDIS PENGATURAN ABORTUS PROVOKATUS TERHADAP KORBAN PEMERKOSAAN DI INDONESIA Rina Shahriyani Shahrullah; Elza Syarief; Lu Sudirman; Tedy Surya
Jurnal Hukum Samudra Keadilan Vol 15 No 2 (2020): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v15i2.2613

Abortion or abortus provokatus constitutes a termination of pregnancy before the time of delivery. The objective of the study is to ascertain if the Abortion-related Health Law is a realistic rule based on the health aspects, as well as to analyze how long it should be allowed by the Health Law to perform an abortion according to medical criteria. The study uses a method of normative legal research. It concludes that the Health Law pertaining abortion is a realistic rule based on health aspects. Yet, it is necessary to revise the abortion rules due to rape incidents. The rules permits the abortion if the gestational age is 6 (six) weeks or 40 (forty) days. It is calculated from the first day of the last period. It suggests that the gestational age should be 12 (twelve) weeks or 3 (three) months from the first day of the last period. Keywords: Abortus Provocatus, Legal Protection, Rape Victims

Legal Protection for Borrowers and Business Dispute Resolution in Fintech Lending Services Lu Sudirman; Hari Sutra Disemadi
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.15853

Objective: This study aims to identify how progressive the legal protection for borrowers as a fintech lending service user is and how the business dispute resolution model for these services is applied in Indonesia.Methodology: This research utilized a normative juridical research method with legal and conceptual approaches. The data used in this research were secondary legal data analyzed using qualitative analysis techniques to draw the right conclusions.Findings: Fintech lending service is an alternative solution for the community to carry out the procedure of fund borrowing by accessing the sites and applications of lending companies without having to go through banking transactions and financing institutions. Although fintech lending contributes to various financial activities, this innovation encounters issues in protecting consumers as borrowers. The rise of personal data misuse, intimidating money collection procedures, and sexual harassment have threatened consumers' sense of security, so law enforcement is urgently needed to overcome these crimes. Regarding the borrower protection in the fintech business, OJK, under its power, has ratified “OJK Regulation Number 77/POJK.07/2016 concerning Information Technology-Based Fund Borrowing Services”. However, these regulations cannot protect borrowers, so the problems continue to rise. Furthermore, business disputes that arise in fintech lending need further guidance from independent institutions and the government to protect consumers and business actors when involved in disputes. Applying a non-litigation route, namely Alternative Dispute Resolution (ADR), is recommended with the disputing parties and third parties.Implication: This research is expected to support literacy to the public in selecting the right online financing and loan institutions. In addition, the results of these studies can be a source of reference for legal scholars.Novelty/Originality: In contrast to previous research, this research focuses on studying how important the legal protection of borrowers who use fintech services is and the steps that can be taken to resolve business disputes in the industry that have not yet been specifically identified.

Analisis Yuridis Terhadap PP No.6 Tahun 2010 Tentang Satuan Polisi Pamong Praja di Provinsi Kepri Elza Syarief; Lu Sudirman; Deddy Eka Saputra
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Law No. 32 of 2004 on Local Government and Government Regulation No. 6 of 2010 on the Civil Service Police Unit has mandated that Public Protection is obligatory under the authority of both the Provincial and Local Government District and the City. On Government Regulation No. 6 of 2010 on the Civil Service Police Unit that requirements to be appointed as Municipal Police are civil servants, but in the province of Riau Islands Civil Service Police Unit number is still much that is not civil servant status. On Government Regulation No. 6 of 2010 on the Civil Service Police Unit that Article 16 point a that the requirements to be appointed as Municipal Police are civil servants, which Civil Service Police Unit has the task of enforcing local laws, organizing public order and peace and the protection of society, but to carry out this task Municipal Police Units are often contradictory and conflicted with the community. Civil Service Police Unit has the task of helping the head area as Regional Regulatory enforcement to create a serene area conditions, and orderly. Legal remedy solving problems where the Civil Service Police Unit of the police human resources of the Civil Service has had Permendagri 38 of 2010 on the Civil Service Training police, merging function that refers Satlinmas Regulation No. 6 of 2010 on the civil service and police force Regional Government only raised police members of the Civil Service only for the status of Civil Servants.

Analisis Yuridis Terhadap Kebebasan Pers Di Indonesia Dan Malaysia Lu Sudirman; Miming Utami
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Human rights are basic rights that naturally inherent in human beings and therefore should not be taken away by anyone. The establishment of freedom of the press is a part of Human Rights. Freedom of press has been arranged in a state of laws and laws of Indonesia and Malaysia.Methodology used in this research is the normative legal research-based on comparative law. The data used in this study is a secondary data obtained from literature (library research). Once all the data is collected, then processed and analyzed to find the legal issues that are the object of study and conclude, then described descriptively. These results indicate that the legal provisions on freedom of dispersions in Indonesia and Malaysia has similarities and differences. The provision of equality provisions press freedom in Indonesia and Malaysia are constitutional arrangements in each country, the scope of freedom of the press, and criminal sanctions. While the provision is the difference in press freedom conditions recognition liberated press, the press council, and the code of conduct.

Badan Hukum Penanaman Modal Asing dalam Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas Lu Sudirman
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Law concerning Limited Liability Company does not distinguish any foreign investment or planting of the Interior as well as local companies. All the requirements set forth in the Company Law applies equally to all types of companies. The difference between domestic and foreign, as well as companies contained in the rules of Investment Law No. 25 of 2007 which gives the requirements that must be met for foreign investment and domestic investment.The main characteristic of Limited Liability is that Limited Company is a subject to legal status of a legal entity, which in turn makes limited liability responsible for shareholders, members of the Board of Directors, and Commissioners. However, keeping up with the development of the business world so rapidly only make companies are too focused on the economic and productive activities only, so they forgot about the situation in around the operation area.The issue of social responsibility is a topic which related to business ethics, in this case there is the moral responsibility of companies not only for employees of companies but also people around the company. The strategic role of social responsibility (CSR) in Indonesia has been regulated in the Law on Limited Liability Companies. One of the booster of CSR developments that occurred in Indonesia is a paradigm shift in the business world that is not solely for profit, but also behave ethically and contribute to the creation of a social investment.

Perbandingan Hukum Kewenangan Otoritas Jasa Keuangan Indonesia dan Jerman Lu Sudirman; Deddy Santoso
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The financial system is substantial for a country , this is because the financial system will affect the stability of the economy in a country . Thus, it takes a special agency to work in the sector supervision of the financial system , namely financial services authority . However , there are still many cases faced by the financial services authority . The government has set up and run the laws and regulations regarding financial services authority which authorizes the financial services authority in maintaining economic stability with overseeing financial services . In this study, described in detail the similarities , differences , and the authority of the service , and to investigate the conditions which country is better in the authority possessed by the financial services authority . Methodology used in this research is the normative legal research -based comparative law. The data used in this study is a secondary data obtained from literature (library research). Once all the data is collected, then processed and analyzed to find the legal issues that are the object of study and conclude , then described descriptively. The results of this study indicate that Indonesia and Germany have had a pretty good authority . Indonesia and Germany have similarities and differences within its authority , the supervisory agency model of the financial services sector , the background of the establishment of the authority , scope of authority , the source of funds in carrying out its authority , and the nature of independency in the process of running the authority .

Penyelesaian Hukum Atas Penerbitan Sertipikat yang Cacad Hukum Administratif di Kota Batam Lu Sudirman; Tony Tony
Journal of Judicial Review Vol 19 No 1 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Government Regulation (PP) No. 24 of 1997 on Land Registration, retained the purpose of convening the registration of land as essentially been defined in Article 19 of the BAL, namely that land registration is the task of government was held in order to guarantee legal certainty in the land sector. The problem in this research is how the legal settlement of the issuance of certificates of land rights faulty administrative law in Batam city land office? and How is legal protection for land rights certificate holders who have disabilities administrative law ?. The research method in this paper is a normative legal research methods. Results of this study that the legal settlement of the issuance of certificates of land rights faulty administrative law in the land office of Batam city is Cancellation of Land Rights. Cancellation of land rights as stipulated in Article 106 paragraph (1) of the Regulation of the Minister of Agrarian / Head of National Land Agency 9 1999 on Procedures for Granting and Cancellation Rights and the State Land Management Rights. Legal protection for holders of certificates of land rights who have disabilities administrative law that in case of issuance of certificate of land rights who have disabilities law administrative, then one can take effort cancellation of land rights before it goes to court, if the person feels the publication no disability law administrative. Based on this, the researchers concluded that the cancellation of the certificate of land rights is the impact of the system of negative publicity.

Perlindungan Hukum Bagi Pasangan Yang Melakukan Perkawinan Beda Agama Di Indonesia Lu Sudirman; Jendy Herlinda Karwur
Journal of Judicial Review Vol 16 No 2 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Basically marriage is a human right, but in virtually every human activity continue to be governed by the Act, as well as marriage. In the perspective of human rights, establish a family through marriage is the prerogative of the candidate husband and wife who are already adults. The state's obligation is to protect, record and issue a marriage certificate. But unfortunately, the reality is not sufficiently recognized by the state, even the Law No. 1 Year 1974 on Marriage and KHI no place for interfaith marriage. Clearly then the Law No. 1 of 1974 on Marriage should be revised again. Interfaith marriage are still carried out will have an impact in the future, such as the impact of the marriage's children, children who were born just to have a relationship with his mother alone. Interfaith marriage is not pekawinan mix in terms of our national laws because of mixed marriages under the Act referred to marriage as a marriage that occurred between citizen with foreigners.Methodology used in this research is normative juridical law. The data used in this research is secondary data obtained from the literature (library research) and field research (field research) that is, by interview with the speaker, Mr Cahyono, SH., MH Judges Batam, Mr. Jamaris Head .Dinas population and civil registries, Mr. Badrianus, SH., MH located in the city of Batam Religious Court, and Mr H.Hamizar, M.Sy as head KUA (Office of Religious Affairs) in Batam. Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.These results indicate that one way in which the interfaith couples is by way of submission to one religion, where one of the parties to follow the religion of his or her spouse. Which is then recorded in accordance with their religious beliefs, to Islam at the Office of Religious Affairs and to the non-Muslims in the Civil Registry Office where the dilangsung her marriage.

Efektifitas PERGUB Pembentukan BKSP Provindi Kepri Dalam Menjawab Tantangan MEA 2015 Rina Shahriyani Shahrullah; Lu Sudirman; Lusi Nila Sari
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The deal of ASEAN Economic Community 2015 implementation in labour areas that is marked conservatively skill labouring flow. Concerning with Indonesian labouring interest, at Kepulauan Riau Province being formed by Coordination Board Profession of certification (BKSP) through Governor regulation Number 2 Years 2007 on the fifteenth 02 Marches 2007. Severally constraint which can be inventoriesed performing, for example: Organisational institute, Finance budget, and Organisational management. In order to BKSP'S organization wheels can walk to accord expectation, therefore has to get settles about problem bound up , and has to twine various institute or organization to be asked out collaboration and builds network.

Analisis Yuridis terhadap Perjanjian Pengalokasian Lahan di Pulau Batam Rufinus Hutauruk; Lu Sudirman; Ramsen Ramsen
Journal of Judicial Review Vol 17 No 1 (2015)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Rights management is one type of land rights known in Indonesia in addition to property, right to build, right to cultivate, right to use and lease rights. By Right Management, the rights holder has the authority to: plan the allocation and use of land, use the land for the purposes of performing its duties, submit portions of the land to a third party, in accordance with the provisions of the Basic Agrarian Law, and received a cash inflow / replace annual income and money required. Thus authority owned Industrial Development Authority Batam Island (hereinafter referred to Batam Authority) since it was created as an institution that is in charge and responsible for the growth and development of Batam Island as an industrial area (Kep. Interior Minister 43/1977). And the Batam Authority granted management rights over the entire area of land located in Batam Island, including large areas of land in a cluster of islands including the widow Berhias Batam, Tanjung Sau, and nginang and Kasom Island. The purpose of this research is to know and analyzing the: if the substance of the agreement allocating land between Concession Area Agency Batam and PT. Franindo International has met the principle of legal protection and the principle of justice, remedy what can be done if the land allocated Concession Agency Batam area still controlled by the community, and the economic impact if it can not establish physical land in accordance with the development plan. Juridical empirical research methods. Result: The land allocation agreements are made and enforced Regions Batam Exploitation Agency does not meet the principle of legal protection and the principle of fairness, and the recipient sebahagian land allocation can not run the contents of the agreement because there is resistance from the people who control the land.

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