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Kartika Cahyaningtyas
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KAJIAN HUKUM TERKAIT PENYELESAIAN NON-LITIGASI PADA PERJANJIAN PENANAMAN MODAL Cahyaningtyas, Kartika; Witono, A.Tigor
JURNAL SUMBER HUKUM Vol 1 No 1 (2023): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

This research examines and analyzes investment agreements that have not fulfilled the elements of legal requirements for agreements that apply in Indonesia legally. This is necessary because of business developments where the role of investors is very important and can expand business and partners while establishing working relationships, so the parties have more confidence in making an agreement. This agreement has also been recognized in Indonesia, so legally it has strong legal force. The method used is normative research with a problem approach, namely the case approach. The research results in the form of Investment Agreements made and implemented do not fulfill the elements in making agreements which according to the Indonesian State are recognized as legal. This causes the agreement to be null and void, but the parties to the agreement have made achievements in the form of providing capital in the form of money. This causes losses to be experienced, so that legal action is taken in a non-litigation manner (outside of court). This effort was chosen because having an agreement obtained by the parties is a win-win solution. Keywords: Investment Agreement, Legality, Non-litigation, Win-win solution
IMPLEMENTASI PRINSIP-PRINISP HUKUM KONTRAK INTERNASIONAL ANTARA PERUSAHAAN GLOBEX DARI AMERIKA DENGAN PEMERINTAHAN RUMANIA Kartika Cahyaningtyas
JURNAL SUMBER HUKUM Vol 2 No 1 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This study examines and analyzes the agreement made by an American company called Globex with the Romanian Government, there are still things that are not appropriate in making the agreement. This is related to the choice of law or choice of law is not explicitly stated, so that the parties make their own justification so as not to be considered to have broken their promises or default. Another reason that has not been implemented perfectly is related to the principles of International Contract Law in making international agreements. The method used in normative research with a problem approach is the case approach. The case that occurred between an American company called Globex and the Romanian Government had to make an international agreement in detail and firmly regarding rights and obligations as well as risks including the consequences, which before making an agreement must pay attention to the provisions that apply. This is important because it is related if there is a party who breaks their promise or defaults.
IMPLEMENTASI SISTEM PIERCING THE CORPORATE VEIL PADA CHATTERLY V OMNICO SELAKU PERUSAHAAN INDUK DARI INTERFACE COMPUTER Kartika Cahyaningtyas; Muh. Isra Bil Ali
JURNAL SUMBER HUKUM Vol 2 No 1 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This study examines and analyzes the implementation of the piercing the corporate veil system in limited liability companies. This needs to be studied because there are still limited liability companies that implement it incorrectly. The method used is normative research with a statutory and case approach. The results are in the form of the implementation of piercing the corporate veil applied in a company experiencing unstable economic conditions caused by deviant behavior from the board of directors that is not beneficial for the company. This makes the implementation of the piercing the corporate veil system at Omnico based on the fact that Omnico is the majority shareholder in the Interface company and is actively involved in managing the business in Interface and there are concurrent positions on the board of directors or officers on the Omnico board and the board structure at Interface. The withdrawal of funds by the majority shareholder resulting in the subsidiary being unable to pay its obligations to employees is considered an act of diversion of funds by the majority shareholder. Omnico is also responsible for everything related to Interface. This is because Omnico has bought up to 80% of Interface's shares and is actively involved in managing the business. Keywords: Piercing the corporate veil, Unstable conditions, Board of Directors, Deviant behavior
POLITIK HUKUM EKONOMI KREATIF DALAM RANGKA MENGHADAPI MASYARAKAT EKONOMI ASEAN ATAU ASEAN ECONOMIC COMMUNITY Kartika Cahyaningtyas; Nafi’uddin Fauzi Mahfudh
JURNAL SUMBER HUKUM Vol 2 No 1 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This study examines and analyzes the legal politics of the creative economy in the culinary field in facing the ASEAN Economic Community. This needs to be studied because the ASEAN Economic Community is the result of an agreement between the heads of ASEAN countries to form a single market in the ASEAN economic region. The method used is normative research with a legislative and comparative approach. The results of the study are based on regulations regarding Presidential Instruction of the Republic of Indonesia Number 6 of 2009 concerning the Development of the Creative Economy to create competitive advantages. In this case, the author argues that local innovation lies in the packaging of traditional food production. This is because Indonesia, according to the author, has a competitive advantage in traditional cuisine that has certain characteristics in each region or area throughout Indonesia. The legal steps used in the culinary field in facing the ASEAN Economic Community are in the form of a Regulation Making Institution in this case made by the President of the Presidential Instruction of the Republic of Indonesia Number 6 of 2009 concerning the Development of the Creative Economy, a Regulation Implementation Institution in this case the Creative Economy Agency, and Role Holders in this case are the community. Keywords: ASEAN Economic Community, Presidential Instruction of the Republic of Indonesia Number 6 of 2009, Innovation
ANALISIS PENYELESAIAN SENGKETA DIVESTASI SAHAM ANTARA PEMERINTAH REPUBLIK INDONESIA DENGAN PT. NEWMONT NUSA TENGGARA YANG DIKAITKAN DENGAN PERJANJIAN KONTRAK KARYA Kartika Cahyaningtyas; Eko Ari Wibowo
JURNAL SUMBER HUKUM Vol 2 No 1 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This study examines and analyzes the Implementation of the International Arbitration Decision in the share divestment dispute between the Government of the Republic of Indonesia and PT. Newmont Nusa Tenggara. This needs to be studied because of the share divestment dispute between the Government of the Republic of Indonesia and PT. Newmont Nusa Tenggara which is related to the Work Contract Agreement. The method used is normative research with a statutory and case approach. The results of this study are that the Government of the Republic of Indonesia and PT. Newmont Nusa Tenggara also made a Work Contract Agreement in written form. However, over time PT. Newmont Nusa Tenggara committed an act of default in the form of not doing what it promised to do for share divestment. Every company must be able to implement the Company Performance Rating Assessment Program (PROPER), which includes; gold rating, green rating, blue rating, red rating, and red rating. This has the main objective of environmental preservation and management. If the company does not implement the Company Performance Rating Assessment Program (PROPER), then there are sanctions that must be accepted. Keywords: Dispute, Share Divestment, International Arbitration Decision
KAJIAN HUKUM PERKAWINAN CAMPURAN (AMALGAMASI) ANTARA SUKU MINANGKABAU DENGAN SUKU JAWA Kartika Cahyaningtyas; Muh. Isra Bil Ali
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This research examines and analyzes the laws of mixed marriages (amalgamation) that occur between the Minangkabau and Javanese tribes based on applicable regulations. This is because there are differences in principles where the Minangkabau tribe adheres to matrilineal principles, while the Javanese adhere to parental (bilateral) principles. The method used in normative research with research results is the setting of these principles, so the inheritance for future children who become heirs will also be different. If men from the Minangkabau tribe cannot inherit directly to their future children, women from the Javanese tribe can immediately inherit to their future children. This is because the matrilineal principle originates from the woman or mother, while the parental (bilateral) principle originates from the mother and father. Another thing is that you have to look at whether there are taboos or not, in this article there are no taboos and the Javanese can submit themselves to the Minangkabau tribe. Keywords: Mixed Marriage (Amalgamation), Matrilineal, Parental, Minangkabau Tribe, Javanese Tribe, Submission A. PENDAHULUAN
KAJIAN HUKUM TERKAIT CEK TUNAI PELUNASAN YANG DIGUNAKAN SEBAGAI JAMINAN Kartika Cahyaningtyas; Nafi’uddin Fauzi Mahfudh
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This research examines and analyzes the legal realm regarding settlement cash checks which are used for guarantees and legal protection for those who receive settlement cash checks. This needs to be studied because the era is increasingly developing where cash checks were not used as collateral. The method used is normative research with a statutory and case approach. The results of this research are in the form of guaranteeing checks with a pawn that depends on the recipient of the check. There are 3 categories which include "on behalf of" (aan toonder), "on appointment" (aan order), and "on behalf of" (op naam). The intended giver of a cash check must apply the principles of good faith and the principle of trust. Checks used as collateral according to statutory regulations are permitted. Protection for the recipient of the check or holder of the check is by means of the right of regress, which means a right to sue the holder against other check debtors who are subject to regress (regress debtor). The implementation of these rights is by means of rembours and spring regression. Keywords : Check, Right of Regress, Guarantee
ANALISIS PENJATUHAN PUTUSAN OLEH HAKIM TERHADAP TINDAK PIDANA KORUPSI YANG TIDAK DIDAKWAKAN DALAM SURAT DAKWAAN DITINJAU MENURUT TEORI PROGRESIF (STUDI PUTUSAN NOMOR: 17/PID.SUS/TPK/2014/ PN.JKT.PST) Kartika Cahyaningtyas
JURNAL SUMBER HUKUM Vol 2 No 2 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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This research examines and analyzes judges' decisions regarding corruption crimes not charged in the indictment. This is analyzed from the perspective of progressive theory. Progressive law teaches, "law is for humans and society, not law for law." The statement that "law is for humans" implies that law is a means to bring happiness to humans. To serve humans well, the law cannot simply spell out statutory articles but must also operate with empathy and courage (dare). The essence of progressive law lies in progressive thinking and action that frees it from the shackles of legal document texts, because ultimately, law is not for legal texts, but for human happiness and well-being. The method used in normative research with a problem-solving approach is the case approach. The decision regarding corruption committed by Susi Tur Handayani, where the corruption in question was not charged in the indictment, can be categorized as a progressive decision. Judges are not merely mouthpieces of the law, viewing statutory regulations textually, but need to develop a deep understanding of the articles contained within those statutory regulations. Keywords: Verdict, Indictment, Corruption Crime, Progressive Theory
ANALISIS HUKUM PERALIHAN HAK YANG BERASAL DARI JUAL BELI SECARA NEGOSIASI DI KABUPATEN BOYOLALI Kartika Cahyaningtyas; Nafi’uddin Fauzi Mahfudh; Nindi Nur Fadya; Veronica Kinanthi Sihutami
BUDIMAS : JURNAL PENGABDIAN MASYARAKAT Vol. 7 No. 2 (2025): BUDIMAS : Jurnal Pengabdian Masyarakat
Publisher : LPPM ITB AAS Indonesia Surakarta

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This activity aims to implement one of the Tri Dharma of Higher Education in the form of community service. The hope is that the community can resolve legal issues related to the transfer of rights arising from sales and purchases effectively and efficiently, avoiding resorting to court, but rather through negotiation. The legal basis for negotiation is stipulated in Article 1 Paragraph 10 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The method used is advocacy, which includes: awareness of the problem, interest in participating in resolving the problem, concern for the resolution, and agreement to resolve the problem. The impact of this activity is that after an agreement is reached through the negotiation process, the land sale and purchase transaction continues until the issuance of the certificate by the Boyolali Regency Land Office, which requires completing the required documents at the Boyolali Regency Land Office. This is important because the legal transfer of rights occurs only after the processing by the Boyolali Regency Land Office. Keywords: Negotiation, Transfer of Rights, Sale and Purchase
Co-Authors Adi Sulistiyono Albertus Sentot Sudarwanto Ali, Muh. Isra Bil Dewi Setyoningsih Eko Ari Wibowo Fatihah Wari Nurjanah Mahfudi, Nafi’uddin Fauzi Mahmud Rifaannudin Muh. Isra Bil Ali Nafi’uddin Fauzi Mahfudh Nindi Nur Fadya Rizqa Zuhra Andriyatsari Tira Nur Fitria, Tira Nur Triwahyuniastuti Veronica Kinanthi Sihutami Wibowo, Eko Ari Witono, A.Tigor Zulfana Rizki D