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All Journal Jurnal Dinamika Hukum Jurnal Media Hukum LAW REVIEW Global Legal Review Indonesian Journal of International Law Jurnal Konstitusi COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Edunity: Kajian Ilmu Sosial dan Pendidikan Cerdika: Jurnal Ilmiah Indonesia
Jamin Ginting
Fakultas Hukum, Universitas Pelita Harapan
Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Kekuatan Hukum Perjanjian Perkawinan Yang Dibuat di Luar Negeri Oleh Warga Negara Asing (WNA) Yang Telah Menjadi Warga Negara Indonesia (WNI) di Indonesia Chen, Elizabeth; Ginting, Jamin
Cerdika: Jurnal Ilmiah Indonesia Vol. 5 No. 6 (2025): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v5i6.2672

Abstract

A Prenuptial Agreement is an agreement or agreement made by a husband and wife which is intended to regulate the consequences of marriage on the assets of the husband and wife, before or during the marriage. In practice, there are problems that arise regarding this Prenuptial Agreement, namely a Prenuptial Agreement made by a foreign citizen couple abroad whose marriage registration was also carried out in Indonesia, but in this case the Defendant had become an Indonesian citizen before their marriage was registered in Indonesia and then there was a lawsuit for the division of assets in the form of land belonging to the husband. The formulation of the problem in this research is How is the Legal Force of a Prenuptial Agreement made Abroad by a Foreign Citizen (WNA) who has become an Indonesian Citizen (WNI) in Indonesia. The purpose of this study is to examine the concept of regulating Prenuptial Agreement in Indonesia. The benefits of this study are to provide additional knowledge in the field of legal science, especially in Prenuptial Agreement. The Prenuptial Agreement made by a foreign citizen couple in Italy in this case is binding on the parties because the parties acknowledge the existence of a Prenuptial Agreement. However, legally if the Prenuptial Agreement is not made with a notary deed domiciled in Indonesia and is not legalized by a marriage registrar, the Prenuptial Agreement is not binding on third parties. Therefore, the marriage agreement is made before a notary domiciled in Indonesia so that it can be registered in Indonesia and the assets purchased become separate assets since the marriage is reported in Indonesia.
PERJANJIAN INTERNASIONAL DALAM PENGEMBALIAN ASET HASIL KORUPSI DI INDONESIA Ginting, Jamin
Jurnal Dinamika Hukum Vol 11, No 3 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.3.173

Abstract

International agreement is an important requirement to make asset recovery effectively.  Mutual Legal Assistant (MLA) and Extradition are types of international agreement which usually used among country in asset recovery.  Beside the regulations mentioned above, there are international regulation in United Nations ConventionAgaints Corruptio, 2003 (UNCAC 2003) which should be adopted and applied in Indonesian Regulation to make asset recovery  effectively, such as regulation concerning Illicit Enrichment, Trading in Influence, bribery of foreign public officials and officials of Public international organizations, bribery in the private sector and another regulations which is  supposed to be regulated in Indonesian’s regulation.Key words: corruption, international agreements, extradition
Kedudukan Hukum Pemohon Perusahaan Swasta Dalam Permohonan PKPU Terhadap PT Persero di Indonesia (Analisis Putusan Nomor 425/PDT.Sus-Pkpu/2021/PN.Niaga.JKT.PST) Ginting, Jamin; Hernico, Brenda
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 4 No. 10 (2025): COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v4i10.2937

Abstract

Suspension of Payment (PKPU) is a legal mechanism allowing debtors to propose a peace agreement with creditors before being declared bankrupt, as regulated in Article 2 of Law No. 37 of 2004 on Bankruptcy and Suspension of Payment. However, discrepancies arise when PKPU applications from private companies against PT. Persero conflict with Article 2 paragraph (5), which requires certain BUMNs to have applications filed by the Minister of Finance. In the case of PKPU No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst, PT Mitra Buana Koorporindo’s application against PT Garuda Indonesia (Persero) Tbk was granted, highlighting legal uncertainty for private creditors unable to submit similar claims. This research aims to examine the judge's considerations and the legal standing of private PKPU applicants against PT. Persero under the Bankruptcy Law. Using a normative-empirical method, supported by case studies and interviews, the study finds that classifications of PKPU applicants are detailed in the Bankruptcy Law but often cause confusion in practice. The findings reveal that the current regulations do not sufficiently protect private creditors' rights. Nevertheless, in PKPU case No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst, the application was deemed compliant with the Bankruptcy Law, allowing private creditors to pursue claims against PT. Persero.
Extraterritorial Jurisdictions: Implementation of Foreign Public Officials in United States, United Kingdom, and Indonesia Ginting, Jamin; Fadjar, Raden Febriarto; Talbot, Patrick
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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

Abstract

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also has an international bribery law for British entities called the United Kingdom Bribery Act 2010. The research issue is the implementation of the bribery article to the providers and receivers, under the conditions that they are not Indonesian citizens and the crimes were done outside of Indonesia. By using normative legal research method, the authors expect to provide an overview of Indonesian legal arrangements regarding the bribery of foreign public officials in order to banish foreign bribery practices that involve Indonesians and foreigners.
Co-Authors Chen, Elizabeth Darryl, Erdick Elizabeth Chen Fadjar, Raden Febriarto Helfinsi Raportina Hernico, Brenda Ibrahim, Metty Murni Wati Irawati, Jovita Jur. M. Udin Silalahi Nugroho Adipradana Purba, Nelson Pardamean Rianto Adi, Rianto Rodliyah Sitanggang, Rufina Astuti Sumerah Talbot, Patrick Vincensia Esti Purnama Sari