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Akibat Hukum Mou Impor Beras Indonesia - Thailand Berdasarkan Hukum Perdagangan Internasional Carissa Amanda Siswanto; Dita Birahayu
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 1 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i1.145

Abstract --The MoU is often used as a prelude before an agreement is reached between the two countries. To date, there are no regulations that specifically require the MoU to be legally incorporated into law. The research method used is normative juridical, namely through literature studies by reviewing various legal theories and laws and regulations (law in books). It is then analyzed by prioritizing secondary data as primary and secondary laws. The results of this study show that, the Indonesian and Thai MoUs on rice imports in 2021 is an agreement, the MoU is based on the strength of an agreement and the fundamental principle of treaty law as set out in Vienna Convention of 1969. Any agreements made apply legally to their creators. The signing of the MoU on rice imports in 2021 has binding and coercive powers for both countries. If one of the countries violates the MoU, then the aggrieved country may refer to the choice of law.

Tinjauan Kewajiban Dan Perlindungan Hukum Oleh Penyelenggara Platform Equity Crowdfunding Dalam Aplikasi LandX Astrid Athina Indradewi; Carissa Amanda Siswanto; Jeffrey Hadi Soejono; Leonardo Caesar Haryono; Meyfa Angelita Elisabeth Mangkang
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4680

The presence of internet technology has provided many benefits and conveniences in human life. Technological advancements in the financial sector are also inevitable. One of the digital financial innovations in the financial services sector is crowdfunding. Equity crowdfunding is an activity to raise funds from the public using the internet as the media. Equity Crowdfunding or Information Technology-Based Crowdfunding Service has been regulated in POJK Number 57/POJK.04/2020 concerning Crowdfunding Services Through Information Technology-Based Stock Offerings. This mechanism provides opportunities and alternatives for entrepreneurs to obtain funding for their businesses. One of the providers of equity crowdfunding platforms in Indonesia is PT. Numex Technology Indonesia is a legal entity because it has fulfilled the requirements of POJK Number 57/POJK.04/2020 and registered with the Ministry of Communication and Information through the LandX application as well as is licensed and supervised by OJK and the Ministry of Communication and Information with the list number 001199.01/DJAI.PSE/07/2021. Through the LandX application, the financier and the property developer can meet in civil legal relations to buy and sell shares. When it can be proved that the organizer violated the financier's rights, then the organizer can also be liable based on default or tort law as stipulated in the Indonesian Civil Code. The high enthusiasm of Indonesian citizens for investment supported by the ongoing national and global economic recovery must inevitably be supported by protection for the risks that may arise. This research aims to analyze the mechanism of use, obligations, and legal protections by equity crowdfunding platform providers in LandX applications. This research uses normative juridical methods with a statutory approach and a conceptual approach.

The Paradox of Foreign Investment in Support Economic Sustainability After the Job Creation Law Nafis Dwi Kartiko; Samuel Putra Soegiono; Carissa Amanda Siswanto
LEGAL BRIEF Vol. 12 No. 4 (2023): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i4.881

The Job Creation Law and the Job Creation Perpu have substantially the same objectives and arrangements with the aim of optimizing the investment ecosystem amid global economic pressures and supporting sustainable economic growth. Simplification of investment requirements is key in this regulation, intended to invite more investment to Indonesia. However, the implementation of this law has raised various views and controversies regarding its impact on economic sustainability after the Job Creation Law. This study is designed to evaluate the impact of foreign investment on economic sustainability, in line with the ideals and objectives contained in the Job Creation Law. This research uses normative juridical with a qualitative descriptive approach. The result of this study is that it is necessary to balance economic growth with legislative integrity and inclusivity in the process of formulating Foreign Direct Investment policies

The Responsibilities of Business Actors and The Legal Implications of Minors Purchasing Online Mobile Game Credits Indradewi, Astrid Athina; Siswanto, Carissa Amanda; Haryono, Leonardo Caesar
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8523

Children’s interactions and lifestyles worldwide have greatly benefited from the expansion of the internet gaming sector. However, the practice of minors purchasing and reselling online game certificates has prompted concerns about the accountability of corporate operators and potential legal repercussions. In the context of minors purchasing online game vouchers, this study investigates the responsibilities of commercial actors and the legal implications. This research methodology uses a normative legal approach to gather data from the literature, relevant judicial judgments, statutes, and regulations. This analysis aims to comprehend corporate actors' accountability, legal ramifications, and parents' function in this type of transaction. The findings demonstrated that business actors who offer online game vouchers have a duty to uphold the legitimacy of transactions. Businesses have a responsibility to make sure that such transactions adhere to ethical and legal standards, even though many laws forbid minors from engaging in transactions without their parent's permission. The legal ramifications of minors purchasing and selling online game vouchers may include possible violations of consumer rights, the protection of personal data, and provisions of contracts that may be void owing to age restrictions. Monitoring and limiting their children's access to these kinds of transactions is a crucial responsibility for parents. Collaboration between commercial actors, the government, and parents is required to maintain the integrity and protection of children in online game voucher purchasing and selling operations.

Evidence of Suspicion in Civil Procedure Law: (Study analysis of the use of prejudice as a judge's consideration in decision NoMOR 10/PDT. G/2018/PN. END) Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Tedjokusumo, Dave David; Siswanto, Carissa Amanda
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11066

This study aims to dig deeper into the role of prejudice in the civil law system in Indonesia, by focusing on its definition, types, and impact on judges' decisions. This study specifically discusses the use of suspicion in Decision Number 10/Pdt.G/2018/PN. End, as a case that marks the importance of the role of allegations in resolving civil law disputes. Using normative juridical methods, this study elaborates and examines allegations based on provisions in Burgerlijk Wetboek and HIR, as well as paying attention to secondary legal materials to enrich discussion and analysis of related judicial practices. The findings of this study confirm that the allegation not only acts as prima facie evidence but also reverses the burden of proof that must be borne by those who deny it. This is evidenced by an analysis of the role of allegations in the case that is the focus of the study, showing that the judge has the flexibility to formulate allegations from the facts proven at trial. However, the allegation must meet the criteria set out in Article 173 HIR and Article 1922 of the Civil Code to be considered valid and adequate as evidence.

Efektivitas Penanganan Produk Yang Beredar Oleh BPOM Surabaya: Dampak Bagi Konsumen dan Kesehatan Masyarakat Mariana Mugiono; Steven, Anthony; Athina Indradewi, Astrid; Carissa Amanda Siswanto
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2187

Researches asses problems related to the role of BPOM in providing service to ensure all products that have and haven't been released to public are safe to consume. BPOM have those products gone through several phases again and again, both before release (pre-market) and after release (post-arket), to ensure that those products are safe to consume. BPOM must also work together with state officials and people in general to speed up the process of detecting illegal products. If such products, which has dangerous effects on consumer's health, are found, BPOM must immediately take a decisive action by removing release permit, withdrawing, reassess, destroying the products, and invoking the penal law if needed. To provide maximum protection for consumers, BPOM must always be on alert to oversee products that have and haven't been released in ensuring that they are safe to consume. In conclusion, BPOM must always give an information update for any products that have been released to public

The Paradox of Foreign Investment in Support Economic Sustainability After the Job Creation Law Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Siswanto, Carissa Amanda
LEGAL BRIEF Vol. 12 No. 4 (2023): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i4.881

The Job Creation Law and the Job Creation Perpu have substantially the same objectives and arrangements with the aim of optimizing the investment ecosystem amid global economic pressures and supporting sustainable economic growth. Simplification of investment requirements is key in this regulation, intended to invite more investment to Indonesia. However, the implementation of this law has raised various views and controversies regarding its impact on economic sustainability after the Job Creation Law. This study is designed to evaluate the impact of foreign investment on economic sustainability, in line with the ideals and objectives contained in the Job Creation Law. This research uses normative juridical with a qualitative descriptive approach. The result of this study is that it is necessary to balance economic growth with legislative integrity and inclusivity in the process of formulating Foreign Direct Investment policies

Dirty Voice: Revealing the Veil of Black Campaigns in the World of Politics in the 2024 Election Tedjokusumo, Dave David; Siswanto, Carissa Amanda; Dewantara, Yuni Putri
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.1001

General elections (elections) are the main pillar of democracy, giving the people the right to choose their leaders and determine the direction of the nation, but this crucial process is often polluted by practices such as black campaigns. Smear campaigns aim to bring down political opponents by spreading false information, slander and negative propaganda. This practice not only tarnishes the good names of election participants, but also damages the integrity of democracy itself. This research uses a normative juridical approach. This research focuses on three problems, the first is the impact of black campaigns on the quality of democracy and election integrity in Indonesia, especially in the documentary film Dirty Vote, the second is the legal provisions that apply regarding black campaigns in Indonesia. election regulations, and the third is preventive strategies and policies that can be implemented to reduce black campaign practices in the next election. The research results show that black campaigns have a significant negative impact on the quality of democracy and election integrity in Indonesia. This practice is a serious challenge that must be faced. Comprehensive efforts involving regulatory improvements, law enforcement, and public education are critical to combating these dirty practices and achieving quality elections

PERAN MASYARAKAT DALAM MELINDUNGI HAK KONSUMEN TERHADAP PRODUK PANGAN OLAHAN Angela, Melisa; Widjaja, Dorantes; Siswanto, Carissa Amanda; Indradewi, Astrid Athina
PALAR (Pakuan Law review) Vol 10, No 3 (2024): Volume 10, Nomor 3 July-September 2024
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v10i3.10532

Abstrak Penulisan ini memiliki tujuan untuk menjelaskan peran masyarakat dalam melindungi hak nya sebagai konsumen sebagaimana tercantum dalam Konsiderans huruf d Undang-Undang Perlindungan Konsumen agar lebih teliti dalam memperhatikan suatu produk pangan olahan supaya pelaku usaha dapat menjaga mutu produknya tetap sesuai dengan standar yang telah ditetapkan karena turut serta masyarakat sebagai konsumen dapat membantu pemerintah maupun badan pengawas obat dan makanan dalam melindungi hak konsumen atas terjaminnya mutu suatu produk pangan olahan dan berdasarkan hal itu maka peran masyarakat menjadi penting dalam melindungi hak konsumen terhadap produk pangan olahan. Penulisan ini menggunakan jenis penelitian normatif yang bersifat deskriptif analitis dengan teknik pengumpulan data melalui penelitian kepustakaan sehingga dipetoleh kesimpulan bahwa tanggung jawab dalam perlindungan konsumen bukan hanya pada pelaku usaha maupun pemerintah serta lembaga-lembaga yang dibentuk ataupun diakui namun juga tanggung jawab konsumen untuk melindungi hak konsumen yang dimilikinya, karena dengan kesadaran, pengetahuan, kepedulian, kemampuan, dan kemandirian maka masyarakat sebagai konsumen akan dapat melindungi hak konsumennya dari pihak-pihak yang memiliki niat buruk dalam perdagangan. Masyarakat diharapkan untuk mengimplementasikan konsideran huruf d Undang-Undang Perlindungan Konsumen dalam kehidupannya sebagai konsumen agar pembangunan perekonomian nasional dapat dijalankan dengan tetap menjaga perlindungan konsumen. Kata kunci: Produk Pangan Olahan;Peran Masyarakat; Perlindungan Konsumen. ABSTRACT This writing aims to explain the role of the community in protecting their rights as consumers as stated in the Consideration letter d of the Consumer Protection Law so that they pay more careful attention to processed food products so that business actors can maintain the quality of their products in accordance with the standards that have been set because they contribute to and the public as consumers can assist the government and food and drug regulatory agencies in protecting consumer rights to ensure the quality of processed food products and based on this, the role of the community becomes important in protecting consumer rights regarding processed food products. This writing uses a type of normative research which is descriptive analytical in nature with data collection techniques through library research so that it can be concluded that the responsibility for consumer protection is not only on business actors and the government as well as established or recognized institutions but also the responsibility of consumers to protect consumer rights. that they have, because with awareness, knowledge, concern, ability and independence, society as consumers will be able to protect their consumer rights from parties who have bad intentions in trade. The public is expected to implement the consideration of letter d of the Consumer Protection Law in their lives as consumers so that national economic development can be carried out while maintaining consumer protection. Keywords: Processed Food Products; Community Role; Consumer protection.

Efektivitas Penanganan Produk Yang Beredar Oleh BPOM Surabaya: Dampak Bagi Konsumen dan Kesehatan Masyarakat Mariana Mugiono; Steven, Anthony; Athina Indradewi, Astrid; Carissa Amanda Siswanto
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2187

Researches asses problems related to the role of BPOM in providing service to ensure all products that have and haven't been released to public are safe to consume. BPOM have those products gone through several phases again and again, both before release (pre-market) and after release (post-arket), to ensure that those products are safe to consume. BPOM must also work together with state officials and people in general to speed up the process of detecting illegal products. If such products, which has dangerous effects on consumer's health, are found, BPOM must immediately take a decisive action by removing release permit, withdrawing, reassess, destroying the products, and invoking the penal law if needed. To provide maximum protection for consumers, BPOM must always be on alert to oversee products that have and haven't been released in ensuring that they are safe to consume. In conclusion, BPOM must always give an information update for any products that have been released to public

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