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BPOM Supervision Negligence Review Results in Child Victims of Acute Kidney Failure Harry Sunyoto; Amad Sudiro
Journal of Law, Politic and Humanities Vol. 5 No. 2 (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.v5i2.1070

Abstract

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.
Legal Certainty for Curators in the Implementation of Auctions of Collateral Objects of Bankrupt Debtors (Case Study of Decision Number 557 K/Pdt.Sus-Pailit/2024) Nabila Adya Trisnamurti; Amad Sudiro
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26893

Abstract

This study investigates the legal guarantees for curators in the administration of collateral assets belonging to debtors declared bankrupt and subject to auction, as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU). Specifically, this study refers to Decision Number 557 K/Pdt.Sus-Pailit/2024. The discussion includes the regulatory framework regarding legal protection for curators and an examination of the curator's authority to manage collateral assets included in the bankruptcy estate to be auctioned. Using a normative juridical approach along with case studies, the evaluation is based on the application of the law and the protection of the rights of curators and creditors. The study findings indicate that the reviewed decisions confirm the curator's authority to manage and auction collateral assets as part of the bankruptcy estate resolution process. Legal clarity regarding the curator's function is crucial to ensuring that the auction process is carried out effectively, fairly, and in compliance with regulations, while protecting the rights of secured creditors.
Legal Implications of Nominee Schemes in Foreign Ownership of Limited Liability Companies in Indonesia Viola Audy; Amad Sudiro
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26894

Abstract

The nominee scheme is a common practice in foreign investment in Indonesia, whereby an Indonesian citizen lends their name to formally hold shares on behalf of a foreign party in order to circumvent legal ownership restrictions. This practice raises legal concerns as it contradicts principles of transparency and legality enshrined in the national legal system. This article aims to examine the legal implications of nominee arrangements in foreign ownership of limited liability companies (Perseroan Terbatas) through a normative juridical approach. The discussion focuses on the validity of nominee agreements under Indonesian positive law and the legal consequences for both the foreign investors and the Indonesian nationals acting as nominees. The study finds that nominee schemes contravene the Investment Law, the Company Law, and the principle of beneficial ownership, rendering such agreements null and void by law, and denying legal protection to the parties involved.