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Kredit Macet dan Debt Collector; Legalitas dan Dampaknya dalam Mengelola Risiko Kredit Macet Perbankan Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Journal of Business Application Vol. 3 No. 1 (2024): Journal of Business Application
Publisher : Program Studi Administrasi Niaga STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v3.i1.p44-56

This research examines the normative legal validity of the debt collector profession through a normative legal approach using qualitative methods and analyzing primary, secondary, and tertiary legal materials. The study finds that non-performing loans (NPLs) pose a significant threat to banking stability, as increasing levels of bad debt can hinder banks' ability to achieve optimal profits. Banks often employ debt collectors to manage time and cost-effectively to address this. Debt collectors are legally recognized under Indonesian law, including the Civil Code, SEBI Number 14/17/DASP/2012, and the 2014 Bank Indonesia Regulation issued by OJK. Their role is supported by legal principles such as freedom of contract, consensualism, and pacta sunt servanda. Despite common misconceptions, debt collectors are legitimate professionals crucial for maintaining financial stability. Debtors should cooperate with debt collectors to resolve their debts rather than viewing them negatively.

Bisnis Startup Dalam Kompleksitas Hukum di Indonesia Rahajaan, Jakobus Anakletus; Yaurwarin, Wahid
Journal of Business Application Vol. 1 No. 1 (2022): Journal of Business Application
Publisher : Program Studi Administrasi Niaga STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v1.i1.p64-73

The purpose of this research is to examine the complexity of pilot law and encourage the authorities to monitor the urgency of pilot law in Indonesia and the country's economic development even during the Covid-19 pandemic. Start-up companies are companies that have just entered or are still under development or research to continue to find markets and develop their products. In the competitive nature of a fast-paced industry, it is important to identify the problems companies face in order to improve business performance by finding root causes and finding effective solutions. One of the problems in start up companies is the regulation that governs the company's activities. The lack of special regulations for business start-ups hampers the sustainability of companies and other impacts of business start-ups. Start ups in Indonesia have indeed shown significant growth. On the other hand, start ups in Indonesia face challenges that often lead to start up failure. One of the reasons for this failure is that start ups are in a vortex of legal complexities that do not match the characteristics of the start up itself, thus requiring a more appropriate and flexible legal structure

Implikasi Reposisi Manajerial BUMN Terhadap Pertanggungjawaban Tindak Pidana Korupsi Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Journal of Business Application Vol. 4 No. 1 (2025): Journal of Business Application
Publisher : Program Studi Administrasi Niaga STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v4.i1.p1-12

This study analyzes the repositioning of State-Owned Enterprise (SOE) management following the enactment of Law No. 1 of 2025 on SOEs, and its implications for criminal liability in corruption cases. Employing a normative juridical method with statutory and conceptual approaches, this research offers a prescriptive perspective in response to public concerns regarding the exclusion of SOE executives from the category of state administrators. The findings reveal that such concerns are unfounded, as the new provisions in fact strengthen the immunity of SOE management from political interference by state officials, which is often a source of corruption. Although Law No. 1 of 2025 does not explicitly regulate the nexus between the management of state-derived finances and criminal liability for corruption, SOEs as legal entities (rechtpersoon) remain subject to criminal prosecution when implicated in acts of corruption. Corporate criminal liability in corruption has been clearly stipulated in existing anti-corruption legislation. This study contributes new insights to the discourse on SOE governance law, demonstrating that the new regulation serves not as a weakening, but rather as a reinforcement of accountability and the independence of SOE management.

Analisis Kebijakan Publik dalamTransformasi Layanan Transportasi Massal Niapele, Sarifa; Rahajaan, Jakobus Anakletus
KAMBOTI: Jurnal Sosial dan Humaniora Vol. 5 No. 1 (2024): KAMBOTI: Jurnal Sosial dan Humaniora
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah XII

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/kambotivol5issue1page57-63

This study analyzes public policy in the transformation of mass transportation services, using a multidisciplinary approach that integrates public policy studies and normative law studies. Employing qualitative research with a document (literature) study approach, the study highlights the inevitable shift from conventional to application-based transportation services, which led to the formulation of public policies regulating special rental transportation (ASK), commonly known as online transportation. However, the implementation of the ASK policy has sparked controversy, with some groups claiming that the transformation exacerbates social disparities by reducing their income. The study reveals that different types of public transportation, such as Angkot and ASK, operate under distinct regulations, objectives, service methods, and market segments. The study recommends that the government thoroughly investigate the underlying causes of competition among mass transportation service providers, including factors beyond the rise of ASK, and evaluate existing public policies in the sector. Additionally, collaboration with service providers should be encouraged to foster creativity and innovation, while addressing the factors contributing to the decline of public transportation usage. These efforts aim to promote fairness among providers through humane methods that align with the principles of legal justice.

The Effectiveness of Indonesia's Anti-Corruption Law on Legal Reform and Implementation Tomagola, Ardy Gunawan; Yaurwarin, Wahid; Rahajaan, Jakobus Anakletus; Sahetapy, Agustinus Jonas; Kalauw, Reni Wahyuni
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1129

This study examines the efficacy of Indonesia's anti-corruption legislation in the wider framework of legislative restructuring and its execution. The paper investigates the legal frameworks and regulatory measures implemented to combat corruption, using a normative juridical analysis. The primary objective is to examine the impact of these laws on legal reform, evaluate their enforcement, and highlight the problems encountered in their practical implementation. The results demonstrate substantial advancements in legislative actions, but also underscore enduring barriers in execution, such as legal ambiguities, administrative stagnation, and corruption within law enforcement entities. This study highlights the importance of implementing comprehensive legal reforms and strong policies to improve the effectiveness of anti-corruption measures in Indonesia. Guidelines are given to promote future anti-corruption efforts by improving the legislative framework, increasing institutional capability, and cultivating political backing.

Kajian Yuridis Terhadap Perkawinan dibawah Umur Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Public Policy Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Lembaga Penelitian & Pengabdian Masyarakat (LPPM) STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v2.i1.p88-101

Abstract Conducted research related to underage marriage, namely in the form of a juridical review using normative legal research methods, which analyze the provisions of laws and regulations related to the minimum age limit for a person. who can be granted permission to carry out the marriage. The results of our research can be abstracted as follows: Marriage is a very important and even sacred event in human life. A legal marriage, the requirements, among others, must meet the principle of consensualism or agreement (agreement) of the parties, as stated in article 6 paragraph 1 of the Marriage Law which reads, "Marriage must be based on the consent of the two prospective brides". furthermore according to Article 7 paragraph 1 of Law no. 1 of 1974 as amended by Law No. 16 of 2019 which requires that a marriage is legal if allowed by the parents of the parties, if the man and woman have reached the age of 19 years. The provisions of the Compilation of Islamic Law (KHI), article 15 paragraph 1 have not been adjusted to the provisions of Article I of Law no. 16 of 2019 concerning amendments to Law no. 1 of 1974, article 7 paragraph 1, will remain a problem that has the potential to violate the law, namely underage marriage as a marriage which is considered illegal based on the provisions of Law No. 16 of 2019. For this reason, policy makers in this republic must be able to immediately uniform or To harmonize various regulations regarding the adult age limit of a child and in particular the minimum age limit for people who wish to marry, at least, the provisions of Article 15 paragraph 1 of the KHI must be immediately revised and adjusted to the provisions of Article I of Law No.16 of 2019 concerning amendments to Article 7 paragraph 1 of Law No.1 of 1974 concerning Marriage, so that the legal layman can more clearly understand the meaning of the latest statutory provisions regarding the minimum age of 19 years for the prospective bride. Keywords: Judicial Review, Marriage, Underage

Dinamika Hukum Perlindungan Anak Luar Nikah di Indonesia Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Public Policy Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Lembaga Penelitian & Pengabdian Masyarakat (LPPM) STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v2.i2.p258-277

This research emerged from ideas and ideas that started from our concern and empathy with children out of wedlock who all their lives carry a heavy psychological burden, namely stigmatization as adulterous children, illegitimate children and do not get legal protection at all for their rights as a human child. . This study aims to analyze the dynamics of legal protection for children out of wedlock. We use a normative juridical research method, with a statute approach, regarding the problems we present. The results of our research show that, during the period of 76 years of Indonesia's independence, the State (Government)'s concern for children out of wedlock is very less. It is proven by various laws and regulations that absolutely do not provide certainty, justice and legal benefits for children out of wedlock as the rights of a human child. This practice is not in accordance with the principle of a rule of law based on Pancasila and the principle of equality before the law. But then a legal breakthrough emerged which in our opinion is very advanced and phenomenal (extraordinary), namely, the decision of the Constitutional Court (MK) No. 46/PUU-VIII/2010 which gives status, position and rights as legitimate children to children out of wedlock. This legal breakthrough should be appreciated as a spectacular step to make the law a social engineering tool to break down misconceptions about children out of wedlock. however, it is ironic when the things that are missed by children born out of wedlock are rejected by some groups (conservative groups) who oppose the Constitutional Court's decision. So that until now it is still a polemic in society that has not been resolved. Therefore, through a normative juridical analysis, our research tries to provide a solution that the Constitutional Court's decision is very appropriate because it is in accordance with the values of human rights, Pancasila and the principle of Equality before the Law from the State of Law which must provide certainty, justice and justice. benefits of law to every citizen without indiscriminate or discrimination. Conservatives worry that the Constitutional Court's decision can be a way to legitimize adultery, is a worry that is too naive and shallow. In fact, the Constitutional Court's decision can have a domino effect for children out of wedlock, adulterers, and the community. It is time for the dynamics of the law to develop so, where the law is expected to be a tool of social engineering that will change the paradigm and treatment of society towards children out of wedlock. Keywords: Dynamics, Legal Protection, Children Out of Wedlock

Disparity of Conviction Cases Blasphemy in Indonesia Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Public Policy Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Lembaga Penelitian & Pengabdian Masyarakat (LPPM) STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v3.i2.p141-158

Although freedom about religion has been guaranteed in Pancasila and the 1945 Constitution, in reality problems in society related to religion still occur, such as insults, degrading the beliefs of a group to problems related to the place of worship of a religion. The constitution, which guarantees freedom of expression, is widely abused so that there are unlawful acts, one of which is blasphemy. Judges with free and independent judicial power or the principle of freedom of judges, play an important role in realizing justice for society. However, the disparity of punishment in blasphemy cases has caused controversy about the freedom of judges who are considered not to meet the sense of justice of society. The focus of this study is on the disparity of punishment in blasphemy cases that go viral on social media. This is a descriptive research with a normative legal approach method (normative juridical) carried out by means of a literature study. The data collection tool used in this study is data in the form of document studies and literature tracing. The analytical knife in research is legislation, legal Grand Theory such as evidentiary theory and legal principles such as the principle of Equality before the Law, the Principle of Fair Trial, the principle of freedom of judges, the principle of contante justitie, the principle of justice, certainty and expediency of law and the principle of Nemo Judex Idoneus In Propria Causa. Based on the results of the study, it is understood that the principle of judge freedom is based on a negative evidentiary system, but with their beliefs and freedom, judges in deciding cases are often influenced by the judge's culture, namely the subjectivity of judges and the existence of intervention and intimidation which results in the disparity of punishment in blasphemy cases which is a fairly sensitive issue in Indonesia.

Analisis Yuridis Normatif Kebijakan Pubik Penanggulangan Prostitusi Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Public Policy Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Lembaga Penelitian & Pengabdian Masyarakat (LPPM) STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v4.i1.p93-208

Prostitution is a classic problem that is very complex and full of dynamics. Prostitution is a criminogenic phenomenon that should be taken seriously because it causes a domino effect such as the emergence of criminality in the middle of society. Prostitution has a far-reaching impact on the values of the lives and futures of the younger generation. This study aims to analyze the public policies of the Ambon city government in the context of tackling prostitution in the city of Ambon. For this reason, with normative juridical research methods, the results of our research found that the public policy of the Ambon city government in the Forma Perda is no longer relevant to the social dynamics of society, especially with the dynamics of prostitution which is now shifting from official or direct prostitution (localization) to the era of unofficial online prostitution and more complex problems. While the public policy in the forma of the mayor's decree on the closure of the localization of the red rock cape of Ambon, is limited in nature and does not contain criminal content material so that although it has been officially closed, it still operates clandestinely or covertly. The conclusion is that official prostitution in the city of Ambon has been juridically prohibited.but the elimination of unofficial or illegal prostitution either through direct transactions or online transactions, is not effective and efficient. So we recommend that public policy makers in Ambon city can be serious and immediately make specialist and specific policies to tackle the problem of prostitution effectively and efficiently.

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