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All Journal Journal of Governance Jambe Law Journal Jurnal Sains Sosio Humaniora Ensiklopedia of Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Lex Generalis Zaaken: Journal of Civil and Business Law Jurnal Pustaka Mitra : Pusat Akses Kajian Mengabdi Terhadap Masyarakat Joong-Ki Ipso Jure
Suhermi Suhermi
Universitas Jambi
Arts Humanities Computer Science & IT Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Quo Vadis of the Constitutional Court in Resolving Disputes Over Regional Election Results After Constitutional Court Decision No. 85/PUU-XX/2022 Meri Yarni; Andi Najemi; Suhermi Suhermi; Adeb Davega Prasna; Khofifah Rizki Amanda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5287

Abstract

The research aims to determine and analyze the Legal Politics of the Constitutional Court in deciding disputes over the results of regional election disputes in Indonesia. The authority of the Constitutional Court in resolving disputes over the results of Regional Election has yet to be regulated in the 1945 Constitution of the Republic of Indonesia. The authority of the Constitutional Court to decide disputes over the results of general election described in Article 24C paragraph (1) is different from regional election. This has been explained in the decision of the Constitutional Court Number 97/PU U-XI-2013, which states that the election and regional election regimes are different and the authority to decide disputes over election results is not the authority of the Constitutional Court but the authority of a particular judicial body. This research used normative juridical research methods, where library law was studied by examining library materials. Then, the collected materials are analyzed in a descriptive qualitative manner. The study results concluded that the Constitutional Court has the authority to permanently examine, decide, and resolve disputes over election results by the Constitutional Court Number 85 / PUU-XX / 2022 decision. There is no longer a distinction between the election regime and the election. With the decision of the Constitutional Court Number 85 / PUU-XX / 2022, the authority of the Constitutional Court becomes more precise and more substantial because of the binding legal certainty.
Implementasi Sanksi Adat Terhadap Pelanggaran Hukum Adat di Kabupaten Batang Hari Umar Hasan; Sasmiar Sasmiar; Suhermi Suhermi
Jurnal Hukum Lex Generalis Vol 6 No 3 (2025): Tema Hukum Adat dan Kebiasaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i3.1139

Abstract

The purpose of this study is to examine and analyze whether the implementation of customary sanctions can realize justice, foster harmonization, and provide a deterrent effect for the perpetrators. The research problems focus on whether the application of customary sanctions can achieve justice and harmonization within the community, and whether the imposition of such sanctions can create a deterrent effect on the offenders. The research method employed is empirical juridical, analyzing primary data obtained through field research. The results of the study show that the enforcement of customary sanctions against violators of customary law in Kubu Kandang and Jembatan Emas Villages, Batang Hari Regency, is genuinely implemented through customary court sessions, where offenders are sanctioned according to the prevailing local customary law. This process has successfully realized justice and harmonization within the community. Furthermore, the imposition of customary sanctions has created a deterrent effect, particularly on the offenders and the broader community, as evidenced by a decrease in violations of customary law in Kubu Kandang and Jembatan Emas Villages, Batang Hari Regency.
The Phenomenon of Startup Investment and Minority Investor Protection: A Legal Analysis of Asymmetric Risk Herry m polontoh; Yusnita Yusnita; Loso Judijanto; Suhermi Suhermi
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25ep0607

Abstract

The rapid growth of the startup industry in Indonesia has raised new legal issues related to the protection of minority investors in a dynamic and institutionally unestablished ownership structure. This study analyzes how the risk of information asymmetry in the relationship between founders and investors creates inequality in legal relations that weakens the position of minority investors. Through a normative juridical approach, this study examines the effectiveness of the provisions in Law Number 40 of 2007 concerning Limited Liability Companies, especially Articles 61, 62, and 114, in providing substantive legal protection. The results of the study show that the existing legal mechanism is not fully adaptive to the complexity of the startup investment model, especially due to the weak application of fiduciary duty principles and the lack of application of good corporate governance principles. On the other hand, the practice of investment agreements often affirms the dominance of the majority shareholders through exploitative clauses. Therefore, a legal reformulation is needed that is able to bridge this normative vacuum, through the strengthening of hybrid legal instruments and responsive sectoral regulations. This research recommends legal policy reforms that emphasize the balance of interests, transparency, and substantive justice to create an inclusive, sustainable, and economically democratic startup ecosystem.
Co-Authors Adeb Davega Prasna Alissa, Evalina Andi Najemi Anggraini Mei Yulistri Arfa, Nyimas Diana Amir Dwi Suryahartati Faizah Bafadhal Firya Oktaviarni Herlina Manik Herry M. Polontoh Khofifah Rizki Amanda Kosariza Kosariza Loso Judijanto M. Hosen Meri Yarni Muskibah Muskibah Mutiara Mega Dwi Putri Netty Netty Nys. Arfa Pahlefi . Pebrianto, Dony Yusra Rifqi Febrian Sasmiar Sasmiar Sukamto Satoto Umar Hasan Umar Hasan Windarto Windarto Yusnita Yusnita