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All Journal FOCUS: Journal of Social Studies Humaniorum Journal Journal of Law
Tobing, Padimun Lumban
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Kedudukan Pihak Tergugat dan Turut Tergugat dalam Perkara Perdata Ditinjau dari Akibat Hukumnya (Analisis atas Putusan Pengadilan Negeri Nomor 7/Pdt.G/2020/PN. Sbr Sumber) Dompas, Pascall Dimitri; Tobing, Padimun Lumban
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.71

Abstract

In civil procedural law, the position of the Defendant and Co-Defendant plays an important role in determining the direction and outcome of the trial. The Defendant is the main party sued by the Plaintiff for violation of rights or obligations, while the Co-Defendant is a party who is not directly involved in the main dispute, but whose existence is considered important to resolve the case as a whole, especially in order to fulfill the formalities of the lawsuit regarding the completeness of the parties being sued. Formulation of the Problem in this study: 1. How to determine the position of the Parties as Defendants and Co-Defendants in a Civil Lawsuit and what are the legal consequences? 2) Are the Legal Considerations of the Panel of Judges in the Decision of the Sumber District Court Number 7 / Pdt.G / 2020 / PN. Sbr Sumber District Court, in accordance with the provisions and principles of Civil Procedure Law? The research method used is a normative legal research method where data is obtained from legal materials sourced from literature in the form of books, regulations and court decisions. Research shows that a person is placed as a Defendant and as a Co-Defendant is determined based on the role of a person in an act that causes harm to the Plaintiff. A person whose actions cause harm to the Plaintiff, then the person who causes the harm is placed as a Defendant. Meanwhile, a Co-Defendant is a person who due to a situation or status has a role so that the Defendant can carry out his actions, so that the Co-Defendant cannot be sentenced to a condemnatory or punitive sentence. The legal considerations of the Judge in the Decision of the Sumber District Court Number 7/Pdt.G/2020/PN. Sbr which sentenced the Co-Defendant to share the losses and even confiscated his property, in addition to being contrary to civil procedural law regarding the status of the Co-Defendant, the verdict also contradicts the principle of ultra petita civil law, namely the principle where the judge may not grant more than what the Plaintiff requested. In this decision, the Judge has given more than the Plaintiff's petitum, namely Sentencing the Co-Defendant to be jointly and severally liable to pay compensation and confiscate the Defendant's property.
Kepatuhan Hukum PT. Atalian Global Services Permasalahan Pembayaran Kompensasi Terhadap 30 Pekerja/Buruh Siallagan, Hans Lidona; Widagdo, Gatot S.; Tobing, Padimun Lumban
FOCUS Vol 5 No 2 (2024): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v5i2.1659

Abstract

Indonesia has regulated labor law, specially UU Cipta Kerja. In Government law No 35 of 2021 article (15), it is stated that employers have the obligation to pay compensation money to employees when their term of employment ends on a fixed-term contract (PKWT). The purpose of this research is to determine the implementation of providing compensation to PKWT at PT. Atalian Global Services to its employees in accordance with statutory regulations. The research method is normative-empirical legal research carried out using data collection methods through interview techniques with 30 sources and secondary data from the results of literature studies. The results of this research showed that the implementation of PKWT compensation at PT. Atalian Global Services does not follow Government regulation no. 35 of 2021 because the outsourcing company has not received payment from the main company, whereas according to the worker's perspective, the worker only hopes that the compensation will be paid immediately because this is the worker's right and obligation for the company.
Pertanggung Jawaban Hukum Terhadap Kenyamanan Konsumen Dalam Pertunjukan Film di Bioskop Ditinjau dari Undang-Undang Perlindungan Konsumen Laka, Merenggang Tegung; Tobing, Padimun Lumban
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1862

Abstract

Consumer comfort in the cinema experience is a right that cinema operators must uphold according to the Consumer Protection Law (UUPK) No. 8 of 1999. This study examines the legal responsibilities of cinema operators to ensure consumer comfort, including the quality of facilities, accurate information, and complaint mechanisms. A normative juridical research method is used, referencing the UUPK regulations as well as Law No. 33 of 2009 on Film. The study finds that consumer discomfort, such as inadequate facilities or misleading information, can result in consumer rights to seek legal accountability through complaints and compensation as outlined in Article 19 of the UUPK. Furthermore, the complaint mechanism through the Consumer Dispute Settlement Body (BPSK) functions to facilitate swift and efficient resolution of issues experienced by consumers. This study aims to serve as a reference for cinema operators to improve services and understand the legal consequences of unfulfilled obligations, while also educating consumers on their rights within the scope of film service provisions.
Co-Authors Dompas, Pascall Dimitri Laka, Merenggang Tegung Siallagan, Hans Lidona ulina, Emsah Widagdo, Gatot S.