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All Journal Jurisprudentie Journal of Management and Business Review Ajudikasi : Jurnal Ilmu Hukum Ganaya: Jurnal Ilmu Sosial dan Humaniora Bina Hukum Lingkungan JURNAL EDUCATION AND DEVELOPMENT Lex Librum: Jurnal Ilmu Hukum JOURNAL OF PRIVATE AND COMMERCIAL LAW WAJAH HUKUM Legal Standing : Jurnal Ilmu Hukum DOKTRINA: JOURNAL OF LAW Veteran Law Review Indonesian Journal of Life Cycle Assessment and Sustainability Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora SABDAMAS Journal Civics and Social Studies JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Zaaken: Journal of Civil and Business Law Keadilan Metta : Jurnal Ilmu Multidisiplin Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Law Development Journal Jurnal Multidisiplin Madani (MUDIMA) East Asian Journal of Multidisciplinary Research (EAJMR) International Journal of Humanities Education and Social Sciences Yuridika Journal of Social Studies, Arts and Humanities (JSSAH) JUSTICIA SAINS: Jurnal Ilmu Hukum Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Jurnal Indonesia Sosial Sains Cerdika: Jurnal Ilmiah Indonesia Tumou Tou Law Review Jurnal Hukum dan Keadilan Media Hukum Indonesia (MHI) Asian Journal of Social and Humanities Keadilan Jurnal Rekayasa Proses Lex Librum : Jurnal Ilmu Hukum Dialogia Iuridica
Haryanto, Imam
Fakultas Hukum Universitas Pembangunan Nasional “Veteran” Jakarta
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The Function Of State Duty In Providing Legal Assurance On Online Buying Selling Agreements Suwarno, Indra Gunawan; Haryanto, Imam
Journal of Social Studies Arts and Humanities (JSSAH) Vol 4, No 2 (2024): Vol 4, No 2 (2024): Journal of Social Studies, Arts and Humanities
Publisher : Universitas Pakuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jssah.v4i2.10610

Abstract

The rapid development of digital technology has transformed the traditional trading system into a digital marketplace that relies on electronic transactions or e-commerce. As online buying and selling activities continue to expand, legal issues concerning the validity and enforceability of electronic agreements have emerged, particularly regarding the role of stamp duty as an instrument of legal assurance. This study aims to analyze the function of stamp duty in providing legal certainty for online sales and purchase agreements under Law Number 10 of 2020 on Stamp Duty and Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law). Employing a qualitative normative legal approach, this research examines statutory regulations, legal doctrines, and relevant literature to interpret the legal status of e-stamps in electronic contracts. The findings reveal that stamp duty serves dual functions—first, as a fiscal instrument for state revenue generation, and second, as a juridical basis for ensuring document authenticity and legal enforceability. The study concludes that the inclusion of a physical or electronic stamp duty (e-stamp) on digital contracts does not solely determine legality but strengthens evidentiary value and public trust in online transactions. The modernization of stamp duty regulation thus represents the government’s effort to adapt fiscal and legal systems to the digital economy, ensuring fairness, transparency, and legal certainty in e-commerce practices.
Dualisme Antara Hak Asasi Manusia Dan Kepentingan Publik Dalam Hal Menggunakan Masker Di Era Pandemi Covid 19 (Tinjauan Sosiologi Hukum) Wijaya, Hanna; Haryanto, Imam
Lex Librum : Jurnal Ilmu Hukum Vol 10, No 1 (2023): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v10i1.314

Abstract

Abstract The appearance of Covid-19, later on, a pandemic, stunned the world. The spread is very fast, and research continues today, making the WHO and government regulations that are still evolving. Implementing hygiene precautions such as using masks, washing hands with soap, bringing hand sanitisers, and preserving distance, generally called social distancing and independent isolation can be achieved by the group in breaking the chain of COVID-19 disease transmission. This analysis uses a research approach that reviews normative legal studies. In Indonesia, enforcing health protocols, including wearing masks, is still very difficult, the Indonesian people are not yet aware of breaking the Covid-19 spread chain. The use of shows and COVID-19 disease is correlated with human rights, and the public interest must be considered. Using a mask is everyone's fundamental right to breathe safe, virus-free air. Also, a mask honours collective interests rather than personal interests. Therefore, the government takes action by making legislation restricting the use of masks and enforcing other health protocols in this COVID-19 pandemic period, using sanctions to make citizens aware of the value of wearing masks today. Keywords: Human Rights; Public Interest; Law Applicable; Covid-19
Unleashing the Power of Class Action Lawsuits: Redefining Justice for Insurance Policyholders in Indonesia Haryanto, Imam; Suherman, Suherman; Sakti, Muthia; Khalilullah, Ibrahim Hanif
Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Vol 4 No 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v4i1.75668

Abstract

This paper explores the transformative potential of class action lawsuits in redefining justice for insurance policyholders in Indonesia. Through an in-depth examination of the legal landscape and specific cases, the study delves into the mechanisms and implications of leveraging class actions as a means of seeking justice within the insurance sector. By analyzing notable instances, such as the class action lawsuit initiated by insurance policyholders of PT Asuransi Jiwasraya and PT Asuransi Jiwa Adisarana WanaArtha, the paper scrutinizes the impact of collective legal action in addressing grievances and restoring violated rights. The research also navigates the legal provisions surrounding class actions in Indonesia, shedding light on their relevance and effectiveness in the pursuit of justice for insurance policyholders. Ultimately, this paper contributes to the ongoing discourse on legal remedies within the insurance industry, offering insights into the potential of class action lawsuits as a powerful tool for policyholders to assert their rights and demand justice in the Indonesian legal context.
Dua Sisi Gelap Covid-19 : Dilematis Antara Keterbukaan Data Identitas Penderita Covid-19 Dan Transparansi Data Publik Dalam Rangka Menekan Stigmatisasi : Perspektif Dari Segi Sosiologi Firmansyah, Yohanes; Haryanto, Imam
Metta : Jurnal Ilmu Multidisiplin Vol. 1 No. 2 (2021)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/metta.v1i2.1349

Abstract

The Covid-19 case has had a huge influence on all aspects of human life, starting from health, economy, sosial, law, and many more. The COVID-19 pandemic has caused various frictions between various interests, one of which is a clash between individual interests and community interests. One of the obvious things about this problem is regarding the impact of COVID-19 in the field of sociology, especially the relationship between individuals, especially the issue of community stigmatization regarding infectious diseases, the dilemma between the privacy rights of the identity of COVID-19 patients and the disclosure of publik data on COVID-19 patients with various risks will injure and cause multiple material and immaterial losses. On the other hand, Covid-19 also raises various sosial-psychological problems and legal problems that still do not regulate all aspects of human life. This paper describes the sociological elements of COVID-19, the right to privacy, publik information disclosure, and the sosial-psychological impact of COVID-19, along with a juridical review of the right to privacy and publik disclosure of information regarding the transparency of COVID-19.
LEGAL FRAMEWORK CONCERNING RENEWABLE ENERGY IN SUSTAINING INDONESIA'S HALAL INDUSTRY Muthia Sakti; Imam Haryanto; Dwi Aryanti Ramadhani; Sulastri
Journal Civics And Social Studies Vol. 7 No. 2 (2023): Jurnal Civicos Vol 7 No 2 Tahun 2023
Publisher : Institut Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31980/journalcss.v7i2.758

Abstract

This article intends to describe the function of new and renewable energy in assisting the halal sector in Indonesia by using descriptive and comparative analytical studies on initiatives carried out by Germany about new and renewable energy. Indonesia has a very high potential to develop into a global powerhouse for halal food because its population is predominately Muslim. To accomplish this goal, the halal industry needs cooperation from various areas, one of which is innovative and renewable energy. However, Indonesia's inconsistent rules, particularly those governing investment, impede the development of new renewable energy sources. Investors must grow the initial business of renewable energy because it has high costs but can reduce the consumption of electricity or fossil fuels. Following that, this new renewable energy will be applied to various other industries, including halal food and beverages, pharmaceuticals and cosmetics, fashion, and tourism. The geographic position of Indonesia is another aspect that encourages the development of new renewable energy sources.
Konsep Perlindungan Hukum Bagi Anak Turut Serta Dalam Melakukan Tindak Pidana Berdasarkan Hukum Positif Indonesia Haryanto, Imam; Wahdah, Azzhara Nikita; Almagfira, Anisa; Amelia, Dean Putri; Mulya, Ilham Indra; Tambunan, Joy Catherine Carina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11623459

Abstract

Children are precious assets for the future of the nation, so legal protection for them is a crucial aspect in realizing a just and prosperous society. In Indonesia, child protection is regulated in various laws, including for children involved in criminal acts. The involvement of children in criminal acts raises concerns because they are still in the developmental stage and are vulnerable to negative environmental influences. Therefore, the authors will examine the concept of legal protection for children who participate in committing criminal acts based on Indonesian positive law. The research employs a normative juridical method, which relies on legal norms as a foundation for examining and analyzing prevailing legal regulations. Its objective is to explore and investigate a type of safeguard for minors engaged in criminal activities within the framework of Indonesian positive law, and to probe into the factors hindering the provision of legal aid to children involved in such criminal activities. The findings reveal that despite existing regulations governing legal protection for juveniles in the justice system, their execution has been suboptimal due to insufficient facilities, awareness, and funding.
IMPLEMENTATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INDONESIA’S E-COMMERCE DISPUTES (COMPARATIVE STUDY WITH USA) Haryanto, Imam; Sakti, Muthia
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.121

Abstract

ODR is the best alternative dispute resolution option in resolving E-Commerce disputes. In 2020, BANI has implemented this mechanism, but there are still shortcomings in its application. Because the existing obstacles have not been fully resolved. Adopting, and imitating the mechanisms, processes, and arrangements of countries that have successfully implemented ODR in their countries is one way to make the implementation of this mechanism successful in Indonesia. The normative legal research method is used by the author in writing this final project. The theory used is legal protection and certainty. Legal protection is used so that in analyzing the formulation of the problem it remains to protect the community from the law that will apply without the interests of the authorities. Restorative justice is used when the author concludes the deficiencies in the comparison of the two countries. All of this is done so that the author can analyze and conclude about the opportunities and obstacles to the implementation of ODR in Indonesia, as well as draw conclusions regarding the comparison between the two countries, in this case the United States and Indonesia. So that in the future ODR can be used as an option by all LAPS and the government can issue special arrangements related to ODR so that people do not hesitate in choosing this option in alternative dispute resolution, both E-Commerce business disputes and other civil disputes.
The Existence of Tax Courts in Indonesia From the Colonial Era, Independence, to Reformation Dien Hanifa; Arrisman Arrisman; Imam Haryanto
Asian Journal of Social and Humanities Vol. 2 No. 7 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i7.279

Abstract

The source of the State Budget is Taxes. Tax is a mandatory contribution that is coercive because it is regulated by law. One of the tax collection systems is self-assessment, where taxpayers are given the freedom to pay and report their taxes independently, the fiscal officer supervises and checks the tax returns reported by taxpayers every year. This difference in opinion on the results of the examination between taxpayers and tax officers is what raises the problem of tax disputes. The problem of tax disputes has existed from the Dutch colonial era to the present. The Tax Court is the body that decides tax dispute cases, the name and duties of the tax court have changed from time to time and with the decision number 26/PUU-XXI/2023 concerning the Tax Court. The authority of the tax court changed to the full authority of the Supreme Court. This article concludes that the Tax Court developed over time, and along with tax reform the Tax Court also underwent reform with the transfer of organizational, administrative, and financial coaching authority to the Supreme Court (MA). With this transfer of authority, it is hoped that the Tax Court can decide tax dispute cases fairly and have legal certainty for the parties to the dispute.
ANALISIS IMPLEMENTASI UNCITRAL MODEL LAW ON CROSS BORDER INSOLVENCY DALAM PENANGANAN PERKARA KEPAILITAN TRANSNASIONAL Panji Ahmad Setiawan; Imam Haryanto
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 2 (2024): Volume 11 Nomor 2 Desember 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i2.51976

Abstract

Trade in the current era of globalization involves many countries around the world, both in bilateral and multilateral relationships. This has transformed trade from being limited to a single country into what is known as international business or international trade. With the rapid development of international business, various issues have emerged, including insolvency that involves more than one country with different jurisdictions, commonly referred to as cross-border insolvency. Currently, Indonesian law does not regulate this aspect, resulting in a legal vacuum regarding the execution of bankrupt assets outside Indonesia's territory. This research employs a juridical-normative legal method with legislative and comparative approaches. Insolvency in Indonesia is governed by Indonesian Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. Under the principle of territoriality, bankruptcy rulings in Indonesia are only applicable within the national jurisdiction and lack enforceability abroad. This situation becomes complicated when a debtor who owes creditors from another country is declared bankrupt, or vice versa. One solution to address cross-border insolvency cases is to adopt the UNCITRAL Model Law on Cross-Border Insolvency, formulated by the United Nations, which aims to provide guidelines for resolving cross-border insolvency cases in various countries and to assist in handling such matters fairly and effectively.
The Considerations Analysis of Different PTUN and MA Decisions which are Detrimental to Insurance Consumers Kusumah, Rio Hadi; Haryanto, Imam
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.588-599

Abstract

This study discusses the differences between the Supreme Court (MA) Decision Number 647 K/Pdt.Sus-Pailit/2021 and the Jakarta PTUN Decision Number 475/G/2023/PTUN.JKT related to the case of PT Asuransi Jiwa Kresna (Kresna Life) and its impact on the protection of insurance consumer rights. This study uses a normative legal method with a statute approach and a case study approach. Data were collected through a literature study covering laws and regulations, court decisions, and expert opinions related to the insurance industry. In general, the MA Decision annulled the determination of the Suspension of Debt Payment Obligations (PKPU) filed by individual creditors, stating that the settlement of obligations must be supervised by the Financial Services Authority (OJK) through a liquidation mechanism. Conversely, the Jakarta PTUN annulled the decision to revoke Kresna Life's business license by the OJK, thus prolonging legal uncertainty for policyholders. As a result of these conflicting decisions, the liquidation process that should guarantee the return of claim funds to policyholders is hampered, and consumer rights are difficult to realize. The results of the study show that the differences in these decisions weaken the authority of the OJK as a regulator, as stipulated in Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK) and POJK Number 28/POJK.05/2015 concerning the liquidation of insurance companies. This reduces public trust in the insurance industry and increases the risk of financial loss for policyholders.
Co-Authors Abraham Radja Agus Prasetya Almagfira, Anisa Amanda Fadhilla Chairunisa Amelia, Dean Putri Anggie Artha Gayo Arrisman Arrisman Batara Randa, Indira Despuanitara Bhagaskara, Herdandi Irsyad Briana Batrisyia Christopher Elia Julio Diani Sadiawati Dien Hanifa Dwi Desi Yayi Tarina Edwin Destra Ernawati Ernawati Hafizha Hasna Afifah Handoyo Prasetyo Handyo Prasetyo Herdandi Irsyad Bhagaskara Heru Sugiyono Indra Gunawan Suwarno Iwan Erar Joesoef Khalilullah, Ibrahim Hanif Kusumah, Rio Hadi Linggomi Adinda Tamaradhina Napitupulu Livia, Stella Matthew Jakaria Sitanggang Meiliana Kamila Mexi Christian Simamora Michele Febriyanti Michelle Angelika S Mohammad Akmal Taris Hakim Muhammad Mufti Azis Mulya, Ilham Indra Muthia Sakti Mutiara Hermawati Najwa Bana Shafa Panji Ahmad Setiawan Parulian Panjaitan, Mardongan Patricia, Abigael Tharida Pujiastri Agustiene Puteri, Sita Narawita Ramadhani, Dwi Aryanti Rio Arya Pratama Selma Dwi Amalia Sita Narawita Puteri Soya Putri Mirena Suherman, Suherman SULASTRI Suwarno, Indra Gunawan Sylvana, Yana Tambunan, Joy Catherine Carina Titi Tiara Anasstasia Tobing, Yoshiro Emillio Lumban Tubagus Andri Purnama Ula, Rahmah Arfiyah Wahdah, Azzhara Nikita Wijaya, Hanna Wirya Agung Kusuma Putra Yana Sylvana Yohan Prawira Pakpahan Yohanes Firmansyah Yoshiro Emillio Lumban Tobing Yudha agung nugraha Yudha Agung Nugraha Yudha Agung Nugraha