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All Journal Rechtsidee Perspektif : Kajian Masalah Hukum dan Pembangunan Pembaharuan Hukum International Journal of Law Reconstruction JUSTITIA JURNAL HUKUM Jurnal Ilmiah Universitas Batanghari Jambi AL-HUKAMA´ Jurnal Panorama Hukum Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Nagari Law Review Unes Law Review Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Notaire JIIP (Jurnal Ilmiah Ilmu Pendidikan) Jurnal Abdi Masyarakat Indonesia Jurnal Impresi Indonesia Yuridika Perspektif Hukum POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Lex Journal : Kajian Hukum dan Keadilan Jurnal Hukum dan Pembangunan Jurnal Penelitian Pendidikan Indonesia Al-Hukama: The Indonesian Journal of Islamic Family Law Journal of Law and Legal Reform
Zahry Vandawati Chumaida
Fakultas Hukum Univeristas Airlangga
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Legal Protection For Investors of Government Bonds Whose Clauses Do Not Have A Maturity Period Shandietrysno, Adrianus Jeffri; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.14-28.2023

Abstract

The state in running its government needs funds with the aim of national development and maintaining the stability of the country's economy. One of the funds obtained is through debt instruments, both domestic debt and foreign debt. The government avoids foreign debt, thus optimizing domestic debt with consideration so that the public can participate in raising funds for national development. With this goal, the government issued government bonds or better known as Government Bonds (SUN). Government Bonds are securities in the form of debt recognition letters in rupiah and foreign currencies guaranteed by the payment of interest and principal by the Republic of Indonesia, in accordance with the validity period. However, the SUN issued in 1950 by the government, has no perpetual bond. Unlike the SUN issued today, there is a maturity period and guaranteed by interest and principal payers as stipulated in Law Number 24 of 2002 concerning Government Bonds. Meanwhile, the SUN issued in 1950 has no time period, so it does not provide legal certainty and legal protection to holders of the 1950 SUN, even though the SUN was issued by the same government.
Can Indonesia’s Laws Keep Up? Protecting Consumer Rights in Digital Transactions Subagyono, Bambang Sugeng Ariadi; Romadhona, Mochamad Kevin; Chumaida, Zahry Vandawati; Suheryadi, Bambang; Elkhashab, Noureldin Samy
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4202

Abstract

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.
Tanggung Gugat Perusahaan Reasuransi Atas Pelanggaran Prinsip Itikad Baik Dalam Pembayaran Klaim Kepada Perusahaan Asuransi Maulida, Talia Alfirna; Chumaida, Zahry Vandawati
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.864

Abstract

Article 1 point 7 of Undang-Undang Nomor 40 Tahun 2014 concerning Insurance explains that the reinsurance business is a reinsurance service business for insurance companies, guarantee companies, or other reinsurance companies for the risks faced by these companies. The implementation of reinsurance is stated in a reinsurance agreement based on the principle of utmost good faith. In practice, the parties often violate the principle of utmost good faith, such as in the case between PT Asuransi Tugu Kresna Pratama and PT Agilent Risk Specialties and PT MAA General Insurance. PT Agilent Risk Specialties and PT MAA General Insurance do not pay claims and fulfil their obligations as reinsurance brokers and reinsurers. There is a violation of the principle of utmost good faith, which should have been the basis of the implementation of the reinsurance agreement. This event forms the basis of this research, namely formulating legal arguments with systematic results regarding legal rules relating to reinsurance company liability for violations of the principle of good faith in paying claims to insurance companies.
A Form of Consumer Protection from Beauty Products that Contain Harmful Chemicals Maghfira, M. Risyah Farras Deka; Subagyono, Bambang Sugeng Ariadi; Chumaida, Zahry Vandawati
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32301

Abstract

The purpose of writing this scientific journal is to understand and know the forms of regulation and legal protection for consumers against dangerous cosmetics that are sold freely by analyzing the responsibility of business actors for the products they market. In the formulation of scientific writing, the research method used is normative law with reference to the analytical and conceptual approach to legislation. Regarding the source of the data used in this study, it comes from primary legal materials sourced from statutory regulations and literature review. From the results of the study it can be concluded that consumers are required to be more careful and careful in consuming a product and item. If consumers have carried out their obligations and feel aggrieved, they have the right to obtain legal protection and submit existing legal remedies and business actors must also be responsible for their obligations. Here the role of the government is needed to convey education to the public, especially consumers regarding education on cosmetic products in circulation that do not meet predetermined quality standards and this can have an adverse impact on consumers who use and are users of the final product. The Consumer Protection Law accommodates two important principles, namely product liability and professional liability. Business actors are obliged to be responsible for consumers who suffer losses due to defects in the products circulated by business actors.
Legal Protection for Public Shareholders on Forced Delisting of Securities by the Indonesian Stock Exchange Darren Mayer Hadi Kusuma; Zahry Vandawati Chumaida; Agus Widyantoro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5262

Abstract

This study discusses the legal protection for public shareholders in the event of a forced delisting. This legal protection includes sanctions for public companies that fail to fulfill their legal obligation to repurchase all public shares. The novelty of this research lies in the fact that it not only examines the legal protection for investors that is normatively regulated by law but also delves into the legal responsibility for the losses suffered by investors as public shareholders when a public company fails to repurchase public shares following a forced delisting. The research employs a normative juridical method using a literature review of primary and secondary legal materials. The legal responsibility of a public company for investor losses is based on an unlawful act (onrechtmatige daad) committed by the public company for not fulfilling its legal obligation to repurchase all public shares as stipulated in OJK Circular Letter Number 13/SE.OJK.04/2023. The results show that investors have the right to legal protection in the event of a de-listing. These protections include the company's obligation to buy back all public shares, which is regulated in OJK Regulations. If the company does not fulfill this obligation, investors may suffer losses that can be remedied through administrative sanctions from OJK, such as warnings, fines, or revocation of business licenses. Companies that fail to fulfill their buyback obligations are considered to have committed an unlawful act and are liable for any losses suffered by investors. Therefore, listed companies need to be more compliant with capital market regulations to maintain investor confidence and market stability, as well as protect the rights of public shareholders.
The Responsibility of a Sea Freight Transport Management Services Company for Damage to Goods in a Third-Party Logistics Agreement Ramadhani, A. Zainur Rasyidi; Vandawati, Zahry; Subagyono, Bambang Sugeng Ariadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3958

Abstract

This research aims to analyze the limits and forms of accountability carried out by Freight Forwarding companies which are based on TPL agreements. This research is normative legal research with a conceptual, case and statutory approach. The research results confirm that Freight Forwarding's liability limits only cover damage and loss of goods resulting from errors and/or negligence from management and logistics management aspects which are direct losses. In connection with losses that are consequential or indirect, responsibility cannot be held. Liability is excluded in the event of force majeure or losses caused by the carrier. The form of accountability that must be given by Freight Forwarding regarding its mistakes is that first Freight Forwarding must be able to prove that it is not guilty according to the principle of presumption of liability. However, if Freight Forwarding cannot prove that it is not at fault then the form of liability that Freight Forwarding must provide is compensation as specified in the TPL agreement.
Legal Protection of Insurance Companies in Counter Insurance Products of Domestic Documentary Credit Letters (SKBDN) Containing Unconditional and Irrevocable Clauses Chumaida, Zahry Vandawati; Hutomo, Budiarmanto Setyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5103

Abstract

In order to carry out business transactions, various types of payment instruments are known to accommodate the business interests of the parties. One of these means of payment is a Domestic Letter of Credit (SKBDN). SKBDN is a written agreement made by the Applicant and the Opening Bank, to make promises of payment to the Beneficiary as a result of the existence of a sales contract. There are several types of SKBDN, one of which is the Usance SKBDN, which is a type of SKBDN that provides the applicant with the opportunity to fulfill his obligations within a certain period of time. This obligation certainly contains risks. In order to avoid risks, the Issuing Bank then collaborates with Insurance to guarantee the Usance SKBDN through the Contra SKBDN product. Generally, SKBDN contains unconditional and irrevocable clauses. This clause is absolutely binding, it does not give insurance the opportunity to avoid claims. Therefore, a comprehensive legal understanding is needed to understand the limits of the application of unconditional and irrevocable clauses in order to protect the legal interests of Insurance from various existing risks, including the risk of unlawful acts occurring in the process of issuing SKBDN and Kontra SKBDN.
Enforcement of Consumer Rights Through Dispute Settlement Resolution Agency to Improve the Consumer Satisfaction Index In Indonesia Subagyono, Bambang Sugeng Ariadi; Chumaida , Zahry Vandawati; Romadhona, Mochamad Kevin
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.34943

Abstract

Legal protection of consumer rights in essence is the role of the government to protect the interests of consumers in the framework of trade. Violation of consumer protection norms can only be enforced if business actors are willing to voluntarily fulfill consumer demands for the fulfillment of consumer rights that have been violated by business actors. However, if the business actor is not willing to carry it out voluntarily, while the consumer assumes that the business actor concerned has violated the consumer protection norms stipulated by the UUPK and is detrimental to the consumer, then the enforcement of the consumer protection norms can only be prosecuted through a dispute specified resolution process in the UUPK. The purpose of establishing the Consumer Dispute Settlement Agency (BPSK) is to protect consumers and business actors by creating a consumer protection system that contains elements of legal certainty and information disclosure. This study is to analyze the implementation of consumer rights enforcement through the Consumer Dispute Resolution Board in order to increase the consumer satisfaction index, as well as to analyze the obstacles and barriers to consumer rights enforcement through the Consumer Dispute Resolution Board.
Enhancing Consumer Dispute Literacy and The Complaint System of The National Consumer Protection Agency (BPKN) in Realizing A Smart Consumer Society Subagyono, Bambang Sugeng Ariadi; Anand, Ghansham; Chumaida, Zahry Vandawati
Jurnal Abdi Masyarakat Indonesia Vol 6 No 1 (2026): JAMSI - Januari 2026
Publisher : CV Firmos

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54082/jamsi.2366

Abstract

Consumer protection in Indonesia continues to face challenges related to the low level of consumer legal literacy and limited utilization of the complaint mechanisms provided by the National Consumer Protection Agency (BPKN). This study aims to analyze how the improvement of consumer dispute literacy and the optimization of BPKN’s complaint system contribute to the realization of smart consumers in society. Using a juridical-normative approach, this research examines the legal framework governing consumer protection, supported by conceptual and case-based analyses from relevant regulations, legal literature, and official reports. The findings indicate that while Law No. 8 of 1999 on Consumer Protection and Presidential Regulation No. 50 of 2017 provide a solid foundation, the implementation remains hindered by normative limitations, weak institutional coordination, and low legal awareness among consumers. The discussion reveals that the effectiveness of BPKN’s complaint system depends not only on regulatory strength but also on public literacy and participation. Therefore, the study concludes that enhancing consumer literacy and strengthening institutional synergy are crucial in building a responsive and inclusive consumer protection system. These efforts will enable BPKN to play a more strategic role in empowering consumers and fostering a culture of smart, critical, and legally aware consumption behavior.
Pertanggungjawaban Perusahaan Pengangkut pada Tindakan General Average terhadap Kerugian Kargo yang Diangkut Lova, Sandra A. M.; Chumaida, Zahry Vandawati
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Maritime transportation plays a vital role in supporting trade, yet risks such as perils of the sea or ship accidents caused by unseaworthiness often lead to disputes, particularly when General Average is declared. This practice, recognized since Roman times, has evolved into a legal concept in marine insurance to distribute deliberate sacrifices made for the safety of the vessel and its cargo. This study aims to analyze the liability of carriers in General Average actions and to evaluate the concept as a fair mechanism for loss distribution. The research employs a normative juridical method with statutory, conceptual, and comparative approaches, using data obtained through library research of legislation, maritime law literature, insurance policies, and relevant court decisions. Findings reveal that General Average originates from the York-Antwerp Rules as a form of international legal unification, compared with the Indonesian Commercial Code (KUHD) on avariij umum. The conclusion highlights that while General Average is recognized as a mechanism of shared responsibility, agreements in carriage contracts and cargo insurance policies are essential to determine the scope of liability and ensure proportional allocation of losses.
Co-Authors Adrianus Jeffri Shandietrysno Agus Widyantoro Agus Widyantoro Agus Yudha Hernoko Alkautsar, Ardo Alya Tsabita, Alya Anam, Mochammad Rifqi Asri Wijayanti Azzahra, Saffana Bambang Sugeng Bambang Sugeng Bambang Sugeng Ariadi Bambang Sugeng Ariadi S, Bambang Sugeng Bambang Sugeng Ariadi Subagyono Bambang Sugeng Ariadi Subagyono Christine Elisia Widjaya Cindy Tatia Amallia Darren Mayer Hadi Kusuma DERMAWAN, RIZKI Dewi, Elreddian Kusuma Dinar Kripsiaji Dinda Bhawika Wimala Pastika Dywananda, Auliya Cistaraja Javier Eka Putri Fauzia Ikromi Elkhashab, Noureldin Samy Fiska Silvia Raden Roro Ghansham Anand Haryanto, Qinthara Qamarani Hidayatullah, Tomi Hilda Yunita Sabrie Hutomo, Budiarmanto Setyo Hutomo, Cindy Indudewi Indira Retno Aryatie Kamaluddin, Muhammad Aqil Kukuh Leksono Suminaring Aditya Lova, Sandra A. M. Maghfira, M. Risyah Farras Deka Malie, Adi Muliawansyah Maulida, Talia Alfirna Pratama Tanda, Angel Rezky Qois, Ghozi Naufal Ramadhani, A. Zainur Rasyidi Rizki Amalia Romadhona, Mochamad Kevin Sabrie, Hilda Shandietrysno, Adrianus Jeffri Sinar Aju Wulandari Suheryadi, Bambang Talia Alfirna Maulida Trisadini Prasastinah Usanti Wibowo, Veronica Cynthia Widhayani Dian Wulandari, Sinar Aju