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Legal Review of Procedures for Granting Rock Mining Business Permits Leoni, Cindy Cynthia; Sitompul, Roswita; Pakpahan, Kartina
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.880

Abstract

This research is motivated by the granting of mining permits originally granted by the Central Government, with the issuance of Presidential Decree Number 55 of 2022 concerning the Delegation of Granting of Business Licensing in the Mineral and Coal Mining Sector, some mining permits are granted by the Central Government to the Provincial Government, but only limited to the granting of Mining Business Permits (IUP) for non-metallic mineral groups, certain types of non-metallic minerals, and rocks. The legal research method used in this research is normative juridical research which is research that is carried out or aimed only at written regulations with a descriptive analytical research nature which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this study are: The Procedure for Rock Mining Business Permits is carried out by means of an application to the regent or mayor if the mining area is in a district or city, to the governor if the mining area is across district or city borders, to the minister if the mining area is in a cross-provincial border area. The procedures carried out in the procedures for rock mining permits are the determination of the mining area carried out by authorized officials, determination of mining business areas, mining business permits, regulation of mining permits if there is a violation of mining permits. Supervision of Rock Mining Activities After Obtaining a Business Permit in the Mining Sector, it is carried out by the ESDM Service where the mining permit is located. Settlement of Rock Mining Permit Disputes can be carried out through a non-adjudication process.
Juridical Review of The Amount of Administrative Sanctions in the Form of Interest and Interest Rewards PP No 35 of 2023 Tanry, Clarisa Adelia; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.922

Abstract

This research is motivated by the tax collection system in Indonesia using the Self Assessment System. The Self Assessment System is a tax collection system in which the government gives full trust to taxpayers to calculate, deposit and report their own tax obligations. Taxpayers are considered capable of calculating taxes, able to understand the current tax regulations, and have high levels of honesty, and are aware of the importance of paying taxes. Thus, the success of tax collection depends a lot on the taxpayers themselves. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are Article 113 of the Job Creation Law, taxpayers submit requests for interest compensation to the Head of the KPP where the Taxpayer is registered or where the PKP is confirmed. Submission of applications can be done electronically or in writing by including the Taxpayer's domestic account number. After the taxpayer submits a request for interest compensation to the KPP, no later than one month after the application for interest compensation is received in full, the KPP will process the Taxpayer's application. Interest compensation is paid by the Directorate General of Taxes by transferring it to the account of the Taxpayer who is entitled to receive the interest compensation, then the reporting of the receipt of the interest compensation is reported in the Annual SPT in the following tax yea
Renewal of Implementing Regulations in Minimizing Control in Limited Liability Companies Outside of Acquisitions Pakpahan, Kartina; Tanjaya, Willy; Ferina, Wulan Me
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.2289

Abstract

Introduction: The problem is that the definition of "control" of a company is not found explicitly in the Company Law, resulting in the emergence of practices of "control" of companies which are carried out not in accordance with the provisions as stipulated in the provisions of Article 1 point 11 and Article 125 paragraph (3) of the Company Law. When taking over company shares, it does not always result in a change in control of the company if the number of shares taken over does not exceed 50% of the company's shares. If the takeover of shares exceeds 50% of the company's shares, the party taking over a company will become the controller of the party being taken over.Purposes of the Research:  The control intended by UUPT is very limited and cannot be interpreted more broadly. Methods of the Research: The research method used in this research is Empirical Legal Research, which uses a sociological legal approach focusing on reality by examining the application of law, in this case the PT UU, which is used as a basis for the formation and implementation of a Legal Entity (limited liability company).Results of the Research: The results of the research found the first fact that there were actions to control limited liability companies that were not in accordance with the provisions of Article 1 number 11 and Article 125 paragraph (3) of the Company Law and the aims and objectives of the Articles of Association of the Deed of Establishment were not achieved. These findings occurred at PT. ESG. Second, there is the involvement of a Notary in legalizing the actions of the Commissioner of PT. ESG to control PT. ESG Beyond Acquisitions. Third, there is a conflict between the norms of Article 102 paragraph 1 of the Company Law with Article 102 paragraph 4 of the Company Law regarding the "Requirement to seek approval from the GMS" to transfer assets, but the entire assets of PT. ESG has been transferred without asking for approval from the GMS and a Deed of Sale and Purchase Agreement and Transfer of Rights has been issued by a Notary.
Juridical Review of The Crime of Attacking The President's And Vice-President's Honest And Dignity In The 2023 KUHP Kartina Pakpahan; Elvira Fitriyani Pakpahan; Guntur Hutagalung
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.259

Abstract

The article's regulation in the Bill of the Criminal Code regarding acts of attacking the honor and dignity of the president has been criticized. Some articles are considered to have the potential to threaten the right to freedom of expression and freedom of the press, which are part of the human rights guaranteed by the Constitution. On the other hand, legislators also have a raison d’etre as the urgency of regulation. This study aims to explore in depth the significance of the substantial regulation of the articles, as well as to examine some potential conflicts with the right to freedom of expression and freedom of the press. This study is a type of normative legal research, with data analysis methods carried out with a qualitative approach to secondary data. The results of the analysis show that the articles concerning acts attacking the honor and dignity of the president or vice president still needed/urgent to be re-formulate in the Bill of the Criminal Code. However, it should be noted that it is necessary to adjust some of the explanations of the articles. In addition, the general construction of these articles cannot be said to have violated human rights principles related to the right to freedom of expression and freedom of the press. However, there should be an assurance that protecting the freedom of expression and freedom of the press still needs to be emphasized in the Bill of the Criminal Code. So far, the reality shows that there are still poor implementations in law enforcement related to some articles, such as articles on contempt.
Penggunaan Big Data Dalam Mengungkap Kasus Kejahatan Judi Online di Polrestabes Medan Tobing, Michael Yusuf; Markus Aruan, Miquel Joan; Pakpahan, Kartina
Journal of Economic and Business Law Review Vol 3 No 1 (2023): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v3i1.24445

Abstract

One of the important benefits of Big Data and Computing Technology in criminal justice is that it is now easier to store and access records. Thanks to things like social media, people save more than usual. It is likely that the physical copies of the old photos are gone or destroyed, but many people have already posted them on Facebook. A criminal may post an incident, photo, or event on social media that can be traced to reveal the crime he committed and to punish or possibly release him. . To tackle gambling on the internet, Law no. 11 of 2008 concerning Electronic Information and Transactions. When dealing with "internet gambling" there are still new problems that arise, especially regarding evidence. The problem is, what are the benefits of using Big Data in disclosing crime cases by Police investigators and how to use big data in uncovering online gambling cases at the Medan Police. This paper uses a doctrinal research approach. Research results: The use of Big Data to disclose criminal acts should not neglect the protection of the owner of personal data. Subnit VC Sat.Reskrim Polrestabes Medan does not understand technological developments, so it is difficult to use Big Data in uncovering cases of online gambling. It is recommended that Medan Police Investigators attend information technology training and guidance.
CRIMINAL LIABILITY OF PERPETRATORS OF SEXUAL VIOLENCE IN LAW NO. 12 OF 2022 CONCERNING CRIMINAL ACTS OF SEXUAL VIOLENCE Gulo, Bestari Diberkati; sulistyawaty, Sri; Pakpahan, kartina
Jurnal Ilmu Hukum Reusam Vol 12 No 1 (2024): REUSAM: Jurnal Ilmu Hukum - Mei 2024
Publisher : LPPM Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/reusam.v12i1.21423

Abstract

The accountability of perpetrators of criminal acts in Indonesia has been regulated in formal procedural instruments that have been established by the state. So far, in the process of criminal accountability in the settlement of crimes of sexual violence, there have been pros and cons in society due to the inefficiency of sanctions and fines given to perpetrators of crimes and the failure to protect the rights of victims of crimes of crimes of crimes of sexual violence. Law Number 12 of 2022 concerning Crimes of Sexual Violence exists to answer public concerns and contains rules regarding sanctions and fines as well as fulfilling the protection and rights of victims of crimes of sexual violence. The type of research used in completing this research is normative legal research. The legal sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The technique used in collecting data for this research is to collect secondary data consisting of primary legal materials and secondary legal materials that are related to the subject matter of the research. All research data that has been collected, analyzed using qualitative normative methods. Law Number 12 of 2022 concerning Crimes of Sexual Violenceconstitutes a complete, just, and formal foundation for perpetrators and victims of sexual violence.
Peningkatan Kesejahteraan Masyarakat Kota Padangsidempuan Melalui Ekonomi Kreatif Bolu Salak Pakpahan, Kartina; Pakpahan, Elvira Fitriyani; Batubara, Sonya Airini; Simorangkir, Enda Noviyanti; Rahadian, Risna
Jurnal Mitra Prima Vol. 7 No. 1 (2025): JURNAL MITRA PRIMA
Publisher : Mitra prima

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

Abstract

Salak Padang Sidempuan sudah terkenal menjadi ikon Kota Padang Sidempuan dan merupakan salah satu sumber penghasilan masyarakat setempat. Kandungan serat dan vitamin Salak bermanfaat bagi kebutuhan dari mulai anak-anak, remaja, dewasa hingga lanjut usia. Memiliki kandungan yang baik untuk Kesehatan mata, terhindar dari rabun, katarak dan kerusakan mata lainnya. Diusia lanjut (lansia) dapat memperkuat memori otak, demikian juga untuk anak-anak. Kandungan Kalium bermanfaat membuat jantung sehat, memberikan energi dan stamina tubuh untuk diet. Mitra pelaku usaha UMKM di desa Sidapdap memiliki permasalahan dalam memasarkan Produk sebab masih bersifat konvensional dan belum memahami Teknik pemasaran. Kurang pengetahuan dalam memasarkan produknya secara digitak, kurang inovasi dalam citarasa produk bolu salak. Diperlukan solusi untuk Peningkatan teknik pemasaran dengan teknologi Digital melalui Pelatihan kewirausahaan, Penyuluhan Pelatihan Packaging, design produk. Penyuluhan tata cara Perizinan usaha, SIUP dan TDP sehingga pelaku usaha UMKM, memiliki surat izin usaha dan mendapatkan Hak Merek. Pelaksanaan program tentunya akan memberikan pemahaman tentang perlindungan konsumen dan pengetahuan dibidang hukum bisnis. Memberikan pengetahuan pentingnya standar mutu dan keamanan pangan olahan khususnya Bolu Salak dan gizi yang sesuai dengan kebutuhan. Kegiatan pengabdian kepada Masyarakat ini merupakan implementasi dari Visi Misi UNPRI yaitu Sociotecnopreneurship. Luaran dalam kegiatan Pengabdian Kepada Masyarakat yaitu Publikasi di Jurnal Nasional, Video Kegiatan di Upload pada youtube dan berita di media cetak.
Legal Aspects of use of QR Codes as a Tool of Payment in Cross Countries Tanto, Harnando; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1034

Abstract

Bank Indonesia stated that currently QR-Code Indonesia can be used in Southeast Asia and Asian countries, better known as QR-Codecross border or QR-Code across countries. Bank Indonesia as the banking regulator in Indonesia continues to promote the use of QR-Codecross border as a substitute for currency. physical money so that it can be used by people who travel abroad or tourists to Indonesia and/or people who carry out cross-border transactions, but on the other hand there are no special regulations yet to ensure the security and comfort of the public in using QR-Code across borders. The research method uses a type of normative juridical research, namely research that focuses on the study of legislation and how the law works. The data collection method uses the library research method or library research using secondary data in the form of legislation, books and previous research using the descriptive analysis method. Analysis The form of QRIS regulation between countries is an agreement outlined in the form of an MoU cooperation document. There are 5 central banks that have signed, namely Bank Indonesia, Bank Negara Malaysia, Bangko Sentral Pilipinas, Monetary Authority of Singapore, and Bank of Thailand. Currently, its use is only based on a cooperation agreement between Bank Indonesia and the Central Bank of a foreign country or the provision of foreign payments. Regulations for cross-border QRIS use in Indonesia are currently only based on the Regulation of Members of the Board of Governors Number 21/18/Padg/2019 concerning the Implementation of the National Quick Response Code Standard for Payments.
Legal Power of Electronic Evidence in Proving Criminal Cases Based on the 2023 Criminal Code Dwiki Pernandes Sembiring; Kartina Pakpahan; Elvira Fitriyani Pakpahan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.277

Abstract

E-commerce is a trade transaction that allows buying and selling without having to meet directly between the seller and the buyer. This trading system requires a strong sense of trust between one another, between the seller and the buyer. Recognition of electronic evidence as evidence that can be submitted to court and recognized as valid as evidence, has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing a recording of a company's documents can be submitted as evidence in court if a lawsuit arises later. According to the Company Documents Law, electronic document evidence is part of written evidence, while the Corruption Law explicitly explains that electronic information and electronic documents are an extension of indicative evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid evidence in special crimes outside the Criminal Code in line with valid evidence in Article 184 of the Criminal Procedure Code is a new type of evidence, it is hoped that investigators, prosecutors, legal advisors and judges have an understanding of this electronic evidence. In the examination of criminal cases, it is expected that the judge in imposing a sentence based on two valid pieces of evidence and the judge obtains the conviction that the defendant is guilty of committing a crime, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant is deterred and the sense of justice of the community is fulfilled.
Product Responsibility and Licensing of Skincare Product Labels in The Perspective of Justice Zhou, Valerie; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14829

Abstract

This article aims to analyze skincare product label licensing regulations in Indonesia, examine product liability and label licensing for skincare products from the perspective of justice, and explore efforts to combat criminal acts involving the distribution of skincare products that is failed to meet the quality also the safety standards. The problem is focused on the discovery—at the beginning of 2025—of 16 cosmetic items containing harmful and/or prohibited substances, including 10 contract-manufactured products and 6 imported products, and the necessity to ensure that all skincare products on the market comply with established quality and safety standards. In order to address this problem, the theoretical frameworks of product liability theory, justice theory, and crime prevention theory are used. The data is gathered through a review of literature and sujected to qualitative analysis. This study ultimately finds that that improved dissemination of regulatory information, stricter enforcement by BPOM, and awareness among all relevant parties are required to ensure consumer protection and the integrity of skincare product labeling.
Co-Authors Agnes Theresia Br Barus Agnes Theresia Br Barus Aldo Christian T Alvi Syahrin Anggada Perkasa Anggraini, Fitria Anna Stephanie Antonio, Hans Ivander Arifin Alexander Arta Hot Manullang Audrey, Fiona Ayu Efritadewi Ayu Priska Nibenia Zega Azharuddin Bastian, Yosi Charisman Jaya Zai Christian Agung Prawito Cynthia Phinaldo Dedi Harianto Dela Septiana Pinayungan Derinie Lim Desi Apriguna Singarimbun Dessy Darmayani Harianja Dewi Ervina Suryani Dwiki Pernandes Sembiring Elfira Fitriyani Pakpahan Elvira Fitriyani Pakpahan Emir Syarif Fatahillah Pakpahan Enda Noviyanti Simorangkir Erlita Sipayung Ervina Ervina Ester Affia Sifra Manalu Esther, July Fatah Chotib Uddin Fauzi Iansyah Ferina Diamond Ferina, Wulan Me Ferris Chandra Gandace Siregar Gildas, Inez Giri Pratomo Gita Arihta Gotman Tambunan Gracesela Sondang Sormin Gulo, Bestari Diberkati Guntur Hutagalung Hendra Pratikno Manurung Heni Widiyaani Heni Widiyani Heriyanti Heriyanti Heriyanti Heriyanti Heriyanti, Heriyanti Herlina Manullang Iansyah, Fauzi Inez Gildas Isnainul, OK Jenifer Jessica Josua Dariusman Zendrato Jovina Juli Esther Napitupulu Juliani Chandrago Khairunnisa Khairunnisa Laidy, Yenny Lasro Akmal Siregar Leoni, Cindy Cynthia Leviyanti Leviyanti Leviyanti Lilis Suriani Pane Lusi Feny Panjaitan made adhiguna samvara Maggie Maggie Mahmud Mulyadi Markus Aruan, Miquel Joan Mei Fernando Marpaung Merry Roseline Pasaribu Mian Fransiska Sianturi Michelle Amanda Esitria Sumampow Michelle Hadlen Millenia, Meisya Moktar, Brilian Mulyadi Mulyadi Nadya Khairani Naek Silitonga Natanael Pakpahan Nelly Sri Devi Nikodemus Ariandy Manik Novi Yanti OK Isnainul Olga Indah Suci Pakpahan, Bani David Soaloon Parameshwara, Parameshwara Parulian Ganda Rumapea Rahadian, Risna Ramon Nafrial Reno Aditya Suhendro Ridho Gokasi Paulus Tampubolon rizal, said Robby Dian Ronal Hasudungan Sianturi Roswita Sitompul Roswita Sitompul Roswita Sitompul, Roswita Rumapea, Parulian Ganda Salim Pradana Saota, Margaretha Citra Novriyanti Sartika Sari Sewin Kartika SIAHAAN, MARSEM PAHAM MARSAOR Simalangon, Roiman Sitorus, Marthin Erixon Sonya Airini Batubara, Sonya Airini Sri Sulistyawati Sri Sulistyawati Sri Sulistyawaty Stefani , Widi stephanie, winnie Steven Gozalex Stevi Inria Sagal, Febritisia Sulistyawaty, Sri Tambunan, Franciscus Orlando Tanry, Clarisa Adelia Tanto, Harnando Thela Valentine Thomson Sukamto Marzuky Simatupang Thomson Sukamto Marzuky Simatupang Timothy Pamungkas Situmorang Tobing, Michael Yusuf Tohres, Steven Stanley Tommy Leonard Tommy Leonard Uli Teresia Br Tarigan Valentin Tania Veronica Veronica Wico Dwi Pratama Widi Stefani Wijaya, Vivian Willy Tanjaya Yolanda Natalia Isabel Yosi Bastian Yovi Wicaksana Putra Yudiyanto, Ade Rachmat Yusriando Zai, Charisman Jaya Zhou, Valerie