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Journal : Lentera Hukum

Regulating Pet Insurance in Indonesia Ermanto Fahamsyah; Iswi Hariyani; Ance Rimba
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.11370

Abstract

Nowadays Indonesia has not had a regulation on pet insurance. Meanwhile, in practice, there already are some pet insurance products. This gap has led to pet insurance policies that are only being based on general contract regulations and principles. One of the general contract principles is the consensual principle which is outlined in Article 1320 paragraph 1 of the Civil Code. The research of this paper is conducted based on pet insurance regulations, principles and norms application. It concludes that pet insurance policies that are being based only on the consensual principle have binding legal force as regulated on Article 1338 of the Civil Code. The conception of pet insurance in Indonesia subsequently should refer to the Ministerial Regulations, such as the Regulation of Minister of Agriculture Number 40/Permentan/SR.230/7/2015 regarding Agriculture Insurance Facility and also other supplementary regulations. Keywords: Pet Insurance, Insurance Law, Insurance Contracts.
Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama Riko Sulung Raharjo; M. Khoidin; Ermanto Fahamsyah
Lentera Hukum Vol 5 No 3 (2018): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v5i3.8809

Abstract

Copyright recognizes a declarative system in which the state automatically protects a creation after it was born, without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) confirms the registration, even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of similar work, by using legal research as its method. The results of the study indicate that the legal consequences on the similar work to the registration, inter alia, the abolition of the power of law for the registration of works, compensation for the creator, and criminal threats. Based on the theory of legal certainty, a provision is a form of legal certainty provided by the Copyright Law. There is a form of legal protection for the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registering the work by the court, the creator has the right to compensation, and the creator has the right to sue criminally. Based on the theory of legal protection, a provision is a form of protection provided by the Copyright Law. The future conception of the regulation of registration of creation, so that it can provide legal protection against the creator through the renewal related to the addition of authority and procedures in conducting checks for ministers in the case of the registration of creation since it was first realized and announced. Based on the theory of legal certainty and the benefits of law, change and renewal can provide legal certainty and legal benefits for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations
Post-Notification Arrangements in Merging Business Entities (Mergers) as an Effort to Prevent Unfair Business Competition Fahamsyah, Ermanto; Suri, Fadillah Atika
Lentera Hukum Vol 6 No 2 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i2.9970

Abstract

One way a business actor strengthens their business is through cooperation with other business actors. One form of cooperation is a "merger" or another term, "merging." Mergers carried out by business actors can result in monopolistic practices or unfair business competition. A merger of competition aspects is regulated in Article 28 and 29 of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition which provides regulation regarding post-notification of mergers. Commission Regulation No. 1 of 2009 on Pre-Notification of Mergers, Consolidations, and Acquisitions gives a different arrangement, namely in the form of pre-notification to business actors. This difference in notification arrangements provides ineffectiveness and inefficiency for business actors. Keywords: Post-Notification, Mergers, Unfair Business Competition.
Penetapan Upah Minimum oleh Pengusaha Bisnis Kuliner yang Memiliki Surat Izin Usaha di Kabupaten Jember Permata, Anggia; Wahjuni, Edi; Fahamsyah, Ermanto
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.4835

Abstract

Entrepreneurs of culinary business must have employees so their business can run smoothly. Additionally, they must also have a business license, as part of their legal obedience. Some of their legal responsibilities include the payment of minimum salary for employees, stated in regulations. In a practical matter, the payment of minimum wages faces problems, especially for small and medium business enterprises. This minimum wages' research is undertaken based on laws which set about employment, determination of minimum wages by culinary businesses, and legal solutions that employees can do if they did not get minimum wages salary. This research also uses the interview to collect data. Some of the respondents being interviewed are someone who has better knowledge about these problems. The conclusions from this research that salary payment is a never-ending problems, the things that entrepreneur’s thought fair for them but it’s unfair or employees, like minimum wages payments. Employees who did not get minimum wages salary choose to not reporting that, and quit their jobs. Keywords: Culinary businesses, Salary, Minimum Wages, and Employees