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<![CDATA[TANGGUNG JAWAB PELAKU USAHA SEBAGAI PENGANGKUT BARANG YANG OVER DIMENSION & OVERLOAD (ODOL) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN ]]>
<![CDATA[Nicholas Rachmanata]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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<![CDATA[Over Dimension and Over Load (ODOL) carried out by business actors always steals the government's attention considering that this is not only dangerous for road users, but also causes financial losses to the state. The aspect of state losses as a result of ODOL is damage to roads, forcing more budget to be spent to repair these damaged roads. Business actors in carrying out business activities bear the burden of responsibility to be able to provide benefits in all aspects and cannot be separated from the safety aspect for other road users. The phenomenon of ODOL that is attached to society encourages the government to enforce the law on aspects of the responsibilities of business actors so that through this research a descriptive analysis of UULLAJ is carried out using normative juridical research methods supported by data from interviews with relevant stakeholders. ODOL carried out by business actors is an unlawful act, one of which is caused by economic factors (supply and profit) in the goods distribution process carried out between consumers and business actors, forcing business actors to continue to carry out ODOL even though they already know the legal consequences. The regulation of ODOL in society is still not burdensome for the perpetrators, such as the amount of fines imposed is still relatively small and far from providing a deterrent effect, thus creating a legal culture of indifference in society. The state needs to carry out more supervision and law enforcement against business actors who practice ODOL.]]>
<![CDATA[KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ASURANSI (CONTOH KASUS DALAM PUTUSAN NOMOR 320/PDT.G/2019/PN MDN) ]]>
<![CDATA[Arthuro Richie Gunawan]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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<![CDATA[Disputes can occur in various sectors and one of them is the insurance sector. Disputes that arise between 2 or more parties can be resolved either through courts or through alternative dispute resolution institutions (known as “LAPS”), which based on legal regulations in effect until 2019 the Indonesian Insurance Mediation and Arbitration Institution (known as “BMAI”) is an alternative dispute resolution institution established for the insurance sector. One example of a dispute in the insurance sector that was settled through alternative dispute resolution procedure is the case of District Court Decision Number 320/Pdt.G/2019/ PN Mdn, which in that case the Consumer Dispute Settlement Institution (known as “BPSK”) of Medan City settled the dispute, even though the insurance company had stated that it was not willing to settle the dispute through Consumer Dispute Settlement Institution of Medan City, because it had been agreed beforehand that if a dispute ever arise between the insurance company and parties related with the Insurance Policy the dispute would be resolved either through the Indonesian Insurance Mediation and Arbitration Institution or District Court. Even so, the Consumer Dispute Settlement Institution of Medan City continued to issue a decision on the dispute, which means that there is a legal problem, where the law in practice is not in accordance with the law in reality. Based on the applicable laws and regulations that are in effect at that time, the Consumer Dispute Settlement Institution of Medan City was not authorised to settle that insurance dispute.]]>
<![CDATA[WHO IS THE MOST AUTHORIZED TO ERADICATE ILLEGAL FINANCIAL INSTITUTION ? ]]>
<![CDATA[Suwinto Johan]]>;
<![CDATA[Gunard LIe]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi ]]>
Publisher : <![CDATA[Universitas Labuhanbatu ]]>
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DOI: 10.36987/jiad.v11i1.3224
<![CDATA[Illegal financial institutions have repeatedly appeared and disappeared in the community. Illegal banks or savings institutions disguise their businesses as travel agents or public fund savings institutions called arisan. At the moment, there have been emerging illegal online loan institutions (Pinjol). In 2021, illegal online loans (Pinjol) become a trending topic in Indonesia. Illegal lending has become a long-standing issue in society. The authorities have carried out the eradication of illegal lending. However, illegal borrowing is never completely eradicated and is always present in the community. Illegal borrowing has also caused a lot of community problems. This research aims to examine the illegal borrowing in the midst of society. This research uses a normative juridical method. This research concludes that eradicating illegal lending is the responsibility of the police, not the responsibility of the Indonesian Financial Services Authority (OJK). Even though illegal lenders operate in the financial industry, the Indonesian Financial Services Authority has no authority over the illegal financial industry. The authority of the Indonesian Financial Services Authority has been confirmed in Law of the Republic of Indonesia Number 21 of 2011. The illegal financial industry does not only exist in the financial technology industry, but has also emerged repeatedly in the conventional financial industry, such as illegal banks, fraudulent investments, and credit unions.]]>
<![CDATA[Penerapan Prinsip Kehati-Hatian Sebagai Perlindungan Hukum Preventif dalam Pembuatan Akta Autentik Notaris ]]>
<![CDATA[Zanuba Arifa Khafsof ZM]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1176
<![CDATA[The purpose of writing this article is to be able to understand and analyze the application of the precautionary principle as preventive protection in making authentic notarial deeds. This article uses a normative research type with a statutory and regulatory research approach and a conceptual approach, and uses qualitative descriptive data analysis with deductive thinking methods. The form of the precautionary principle referred to above is a principle that is not regulated and strengthened in the UUJN, which causes notaries in carrying out their duties as public officials who make authentic deeds to often encounter legal problems, such as forgery of identity letters of the parties, certificates and false statements from the parties. . In this way, the notary will be vulnerable to being caught in a crime, namely falsifying documents due to negligence or committing a criminal act due to negligence. Based on Article 50 of the Criminal Code, it confirms that "whoever commits an act to carry out statutory regulations, must not be punished." Article 50 of the Criminal Code provides legal protection for the actions of Notaries as stated in Article 48 paragraph (1) of Law no. 2 of 2014, which regulates that the contents of the Deed are prohibited from being changed, which has the implication of binding the Notary in the criminal act of Negligence]]>
<![CDATA[Penetapan Tanah Terlantar Sebagai Bentuk Perlindungan dan Kepastian Hukum dalam Penertiban Kawasan Tanah Terlantar ]]>
<![CDATA[Farhan Zarbiyani]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1265
<![CDATA[The purpose of writing this article is to find out how the form of legal protection and legal certainty over the determination of abandoned land as a form of controlling abandoned land areas. This article uses normative legal research, with statute approach and conceptual approach and descriptive qualitative research analysis with deductive thinking method. The form of legal protection for the community against the determination of abandoned land is through the utilisation of abandoned land by the government which is a strategic stage and the mechanism must be able to ensure that efforts to curb abandoned land must be returned to the greatest prosperity of the people through the process of determining abandoned land that applies the values of the General Principles of Good Governance and in accordance with statutory regulations, starting from the Basic Agrarian Law, Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Flat Housing Units, and Land Registration, Regulation of the Minister of Agrarian Affairs and Spatial Planning, Head of the National Land Agency No. 20 of 2021 concerning Procedures for the Ordering and Utilisation of Abandoned Areas and Land, as a form of guarantee in providing legal certainty in the issuance of the determination of abandoned land.]]>
<![CDATA[Tanggung Jawab Hukum Pelaku Usaha Terhadap Konsumen Dalam Perjanjian Jual Beli Properti di Indonesia ]]>
<![CDATA[Rava Syhafa Maharani]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i4.1968
<![CDATA[The purpose of this research is to describe the form of legal liability that can be carried out by real estate companies that experience bankruptcy against consumers who are harmed by them. The method used in this research is normative juridical because the author seeks to conduct a critical analysis related to legal protection to consumers who are bound in a sale and purchase agreement with a real estate company. The rise of real estate companies experiencing bankruptcy due to the impact of the COVID-19 event has caused a situation that is detrimental to consumers of the real estate industry. The results of this study show that the bankruptcy condition experienced by PT Cowell has harmed consumers who are in the weakest position in the compensation repayment mechanism. Consumers as concurrent creditors are the last party to receive compensation after separatist creditors and preferred creditors have received compensation. Even though it has gone bankrupt, PT Cowell is still responsible for providing compensation to its consumers in accordance with the written agreement that was previously agreed upon and approved. The author considers that in order to protect consumers who have been harmed, government officials must act firmly against companies that cannot carry out their responsibilities properly.]]>
<![CDATA[Legality and Safety Regulations of Electric Vehicle Batteries in Indonesia: Challenges and Implementation of National Standards ]]>
<![CDATA[Maria Natasha Rudijanto]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i2.1065
<![CDATA[This study examines the legality and safety regulatory aspects related to the use of electric vehicle batteries in Indonesia, especially focusing on the risk of fire due to the failure of lithium-ion batteries which are often used as the main energy source. With the increasing adoption of electric vehicles, Indonesia is faced with the challenge of setting safety standards that are able to keep up with the development of battery technology and meet consumer expectations and international standards. In this study, an analysis of government policies, harmonization of international regulations, and the importance of battery testing as a risk mitigation measure was carried out. Battery testing is a vital component to ensure the safety and reliability of electric vehicles, involving procedures such as thermal resistance tests, short-circuit protection, and mechanical integrity testing. By applying normative juridical methods through conceptual approaches, laws and regulations, and international case studies, this study aims to provide recommendations for improvement of battery safety regulations and procedures in Indonesia to support the creation of a safer and more sustainable transportation environment.]]>
<![CDATA[BPOM Supervision Negligence Review Results in Child Victims of Acute Kidney Failure ]]>
<![CDATA[Harry Sunyoto]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i2.1070
<![CDATA[In 2022, the Indonesian Pediatrician Association (IDAI) through the Ministry of Health conveyed to the public that there were 324 cases of atypical progressive acute kidney failure of unknown cause in children spread across 27 provinces in Indonesia. The method used in this study is the normative research method by collecting secondary data which is then analyzed qualitatively to obtain conclusions about the circulation of syrup drugs that cause acute kidney failure in children, which is certainly not in accordance with the provisions in the Health Law and also violates the guidelines for Good Manufacturing Practices. The form of legal responsibility that can be carried out by BPOM is to strengthen the pre-market and post-market supervision function of drugs in circulation and conduct independent drug tests. In addition, it is hoped that the government will immediately ratify the Drug and Food Supervision Bill to strengthen the supervisory function, authority and sanctions that can be imposed on BPOM if they are negligent.]]>
<![CDATA[Legal Responsibilities Of Bandung's OKKO Bakery In Ensuring Product Safety Under Consumer Protection Law Number 8 of 1999 ]]>
<![CDATA[Andi Khuswatun Khasana]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i2.12065
<![CDATA[This research aims to investigate the legal liability of OKKO Bandung bakery regarding product safety compliance under Indonesia's Consumer Protection Law No. 8 of 1999, particularly following a BPOM investigation that identified unauthorized food additives in their bread products. The urgency of this study stems from increasing violations of consumer rights in the food industry, where producers fail to meet safety standards, potentially endangering public health. This research employs a comprehensive qualitative methodology, combining normative legal analysis with empirical fieldwork through structured interviews and systematic observations. The study reveals that producers bear significant legal obligations to ensure product safety, provide transparent product information, and offer appropriate compensation for damages. This research contributes new insights through its unique combined normative-empirical approach, analyzing actual court precedents demonstrating implementation gaps between legal theory and enforcement reality. The study proposes specific regulatory reforms, including mandatory third-party ingredient verification, enhanced supply chain transparency, and strengthened inter-agency coordination to effectively safeguard public health and consumer interests.]]>
<![CDATA[The Authority of the Notary Supervisory Council regarding Unlawful Actions Related to the Notary's Code of Ethics in Making Authentic Deeds ]]>
<![CDATA[Tiya Nuraini]]>;
<![CDATA[Amad Sudiro]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.885
<![CDATA[The authority of the Notary Supervisory Council in carrying out supervision and guidance in the implementation of the position of Notary has a big influence and aims to ensure that the implementation of the position is in accordance with existing regulations and runs properly. The Notary Supervisory Council also has the authority to follow up on cases related to violations of the notary's position and violations of the code of ethics committed by Notaries, which can cause problems for the public as Notary clients, because the Notary's position is a position that is trusted and delegated by Law Number 2 of 2014 concerning amendments. Based on Law Number 30 of 2004 concerning the Position of Notaries in making Authentic Deeds which produce strong legal evidence, on this basis Notaries are strictly prohibited in the Law on the position of Notary as well as the Notary Code of Ethics Regulations from committing violations in the implementation of making authentic deeds. Apart from that, Notaries are also obliged to have moral ethics that uphold and maintain the dignity of the Notary's position. Currently, it is not uncommon to find Notaries who commit unlawful acts in carrying out their positions, as in one of the cases that occurred with a Notary in Cirebon in District Court Decision Number 83/Pdt.G/2022/Pn Cbn. The research method used is normative legal research which is descriptive analytical in nature. The results of this research show that in carrying out the office of Notary, the authority of the Notary Supervisory Board is the most important element in creating an orderly and proper implementation of the office of Notary in producing legal products in the form of authentic deeds that are valid and have full legal force.]]>
