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Implementasi dan Implikasi Asas Kekhususan Sistematis pada Tindak Pidana Telekomunikasi Seroja, Triana Dewi; Fitri, Winda
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.662 KB)

Abstract The purpose of this research is to analyze and to find the implementation and implication of special systematical principle (lex specialis systematic) in cases of violations of the law committed by telecommunication corporations. This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the implementation of Anti-Corruption law in this regard is less precise. This kind of offense should fall under the Telecommunication law because the subject, object, and cause and effect of the violation are governed heavily by Telecommunication law. And the legal implications of the implementation of the Anti-Corruption Law generates legal uncertainty in law enforcement. This research offers a solution by fabricating a technical guideline in the enforcement of lex specialis systematic for the laws that contain the said special characteristic as a handbook when confronted by cases that hold the potential falling under several laws.

Perjanjian Pokok dan Perjanjian Hak Tanggungan dikaitkan dengan Asas Pelengkap Seroja, Triana Dewi; Fitri, Winda
Journal of Law and Policy Transformation Vol 4 No 1 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (433.938 KB)

Agreements for mortgages and complementary principles are two important legal issues in the Underwriting Rights Law. As a complement to the existence of an agreement on mortgages, it depends on the main agreement. Hence, its existence must be preceded by a principal agreement.This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the Underwriting Agreement preceded by the Principal Agreement could not be legally justified. This is Underwriting Rights are esablished or only have power, if the debt guaranteed by Underwriting Rights already exists. Unlike the case with the burden of mortgages that have been granted in the first credit agreement. It can also be charged to the next credit agreement that will exist in the future. Therefore, the Underwriting Law can be justified because it is in accordance with the complementary principle.

EXPLORING THE NOTARY LIABILITY IN TORTS (An Exclusive Interview with the Chairman of the Indonesian Notary Association of Batam City) Triana Dewi Seroja; Nurlaily Nurlaily; Rina Shahriyani Shahrullah; Nur Hadiyati; Kwariyon Altison
Wacana Hukum Vol 27 No 1 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.1.4785

In practice, it often occurs that a notary is summoned to the court on the ground that he/she provides information on the deeds or documents containing torts (an act against the law). This study questions whether a notary is liablewhen the torts occur. This study utilizes a socio-legal research method by adopting qualitative juridical data analysis. It found thattorts may occur due to 2 (two) factors, namely (1) lack of precaution when drafting the deeds, and (2) deliberatelymaking the deeds which do not meet the specified conditions. As the results, the notary is liable to bear all losses arising from the issuing of the deed, including a liability due to a criminal lawsuit. In order to prevent torts, a notary mustdisclose all relevant information, clarify documents, and have more legal awareness.

Implementasi dan Implikasi Asas Kekhususan Sistematis pada Tindak Pidana Telekomunikasi Triana Dewi Seroja; Winda Fitri
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i2.662

Abstract The purpose of this research is to analyze and to find the implementation and implication of special systematical principle (lex specialis systematic) in cases of violations of the law committed by telecommunication corporations. This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the implementation of Anti-Corruption law in this regard is less precise. This kind of offense should fall under the Telecommunication law because the subject, object, and cause and effect of the violation are governed heavily by Telecommunication law. And the legal implications of the implementation of the Anti-Corruption Law generates legal uncertainty in law enforcement. This research offers a solution by fabricating a technical guideline in the enforcement of lex specialis systematic for the laws that contain the said special characteristic as a handbook when confronted by cases that hold the potential falling under several laws.

Perjanjian Pokok dan Perjanjian Hak Tanggungan dikaitkan dengan Asas Pelengkap Triana Dewi Seroja; Winda Fitri
Journal of Law and Policy Transformation Vol 4 No 1 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i1.455

Agreements for mortgages and complementary principles are two important legal issues in the Underwriting Rights Law. As a complement to the existence of an agreement on mortgages, it depends on the main agreement. Hence, its existence must be preceded by a principal agreement.This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the Underwriting Agreement preceded by the Principal Agreement could not be legally justified. This is Underwriting Rights are esablished or only have power, if the debt guaranteed by Underwriting Rights already exists. Unlike the case with the burden of mortgages that have been granted in the first credit agreement. It can also be charged to the next credit agreement that will exist in the future. Therefore, the Underwriting Law can be justified because it is in accordance with the complementary principle.

Juridical Analysis of the Effectiveness of Solid Medical Waste Management at the Health Center in Batam City Wulandari, Frisca; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.228

Abstract An environment is a spatial unit consisting of all objects, energy sources, conditions, and living things whose behavior affects the continuity of life and human welfare and how this behavior relates to other living things. Medical waste is waste that has a greater influence on the emergence of infections because it contains pathogenic agents which have an impact on causing disease. With the problem of waste treatment, especially solid medical waste, especially during this pandemic, it is known that dealing with these problems requires a system that regulates and becomes a reference for achieving a standard of living and sustainable development. The Theory of Legal Effectiveness and Development Law Theory was used to analyze the implementation of this research. The method used in this study uses empirical juridical methods. The empirical legal research method is based on realities in the field through observations at 3 (three) Puskesmas in Batam City, namely Puskesmas Sekupang, Puskesmas Mentarau, and Puskesmas Sungai Langkai, which respectively are samples of the highest, medium and lowest total waste production within Dinas Kesehatan Kota Batam. Samples were taken by purposive sampling method.

KEPASTIAN HUKUM TERHADAP PEMENUHAN HAK-HAK NORMATIF PEKERJAPASCA PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL Hendri Wahyudi; Nurlaily; Triana Dewi Seroja
Jurnal Hukum Samudra Keadilan Vol 18 No 1 (2023): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v18i1.7467

Hak normatif pekerja merupakan hak dasar pekerja dalam hubungan kerja yang wajib dilindungi dan dijamin dalam peraturan perundang-undangan yang berlaku sehingga menjadi kewajiban pengusaha untuk memenuhinya. Tetapi faktanya seringkali ditemui adanya pengusaha yang tidak memberikan hak-hak normatif pekerja tersebut dengan berbagai alasan sehingga menjadi sebab terjadinya perselisihan hubungan industrial diantara pekerja dengan pengusaha. Saat ini Pengadilan Hubungan Industrial menjadi satu-satunya lembaga yang memiliki kewenangan untuk memutus perkara perselisihan hubungan industrial yang terjadi antara pekerja dan pengusaha. Tetapi setelah adanya putusan dari Pengadilan Hubungan Industrial tidak menjadikan serta merta masalah antara pekerja dan pengusaha selesai. Karena pada saat Pengadilan memberikan putusan yang memenangkan pekerja tidak semua pengusaha mau dengan sukarela melaksanakan isi putusan. Sehingga memerlukan upaya hukum lebih lanjut dari pekerja. Maka penelitian ini akan meneliti sejauh mana hukum yang ada memberikan kepastian terhadap pekerja mengenai pemenuhan hak-hak normatifnya pasca putusan dari pengadilan hubungan industrial. Metode penelitian dalam penelitian ini menggunakan metode pendekatan penelitian normative kualitatif. Data yang digunakan adalah data sekunder sehingga pengumpulan data dilakukan dengan studi pustaka, membaca, menelaah, dan menganalisis data-data yang bekaitan dengan masalah yang diteliti.

Dual-Class Share Structure in the Indonesian Equity Market Seroja, Triana Dewi; Tan, David; Fitri, Winda; Rusdiana, Shelvi
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43733

A lot of major equity markets abroad have allowed the listing of the Dual-Class Share Structure (DCSS) corporations. DCSS is an agreement in which two types of shares are issued by the very same firm, with one type of share conferring greater power compared to the other. The Indonesian Stock Exchange only allows for limited access for DCSS technology-related corporations to list on its Mainboard. To remain attractive as Southeast Asia's top financial centre, Indonesia needs to alter its securities regulations while making its listing market adaptable to meet the needs of various enterprises. This research aims to analyse and elaborate on permitting DCSS corporations to go public and devise suitable governance safeguards to guarantee the highest possible standards of corporate governance are upheld. This research explores the legal certainty and applicability of DCSS in the Indonesian equity market and abroad, using a qualitative approach and thematic analysis of secondary data. The major finding of this research is the acceptance of DCSS adds to issues with abuse of power by the controlling shareholders, which was outweighed by their cash flow rights. While those in favour of DCSS argue that the existing shareholders' main reason for choosing a DCSS arrangement is to preserve company control. Most major exchanges in the world have taken action to accommodate DCSS going public, like those in the USA, Hong Kong, Singapore, and China. Considering the magnitude of the Asian market, Indonesia can emulate the accomplishments of other exchanges too. A series of recommendations are provided to guarantee the highest standards of corporate governance can be upheld, such as: permitting DCSS for new entrants and innovative businesses, regulating the ownership of enhanced voting shares, and setting out sunset provisions for DCSS arrangement.Keywords: Company Law, DCSS, Dual-Class Shares, Equity Market.

JUSTICE MODERNIZATION IN THE DIGITAL DIVIDE OF INDONESIAN SOCIETY: A CHALLENGE Angin, Gracious Kesuma Prinstama Perangin; Nurlaily; Seroja, Triana Dewi
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.1009

As a developing country, Indonesia must keep abreast of and adapt to the dynamics that occur in the digital era. The government must make every effort to utilize information technology in implementing existing public policies. The Supreme Court of the Republic of Indonesia as a judicial institution that has direct contact with justice seekers has required technology-based legal services using e-court applications. The digital divide in Indonesia will greatly affect the ability of the people themselves to obtain their rights at the Indonesian judiciary. This study aims to examine whether the issuance of a judicial modernization legal policy is an appropriate law in the digital divide of Indonesian society. The method of this research uses qualitative methods based on in-depth observations of legal norms. Modernizing justice through the use of electronic applications this Indonesian society is a challenge for the government as a policymaker. This is because certain people still need assistance within their limitations in the digital world to face modern justice.

The Behind Closed Lenses: Analyzing the Efficacy of Personal Data Protection Laws in Combatting Hidden Cameras Weley, Nadia Carolina; Amboro, Florianus Yudhi Priyo; Seroja, Triana Dewi
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9158

This study explores the effectiveness of personal data protection against hidden camera recordings in Batam City, which are used to identify a person and used for personal purposes, a problem in Indonesia despite the issuance of Act Number 27 of 2022 on Personal Data Protection. This research focuses on the aspects of legal protection and sanctions received by perpetrators of personal data and privacy sharing crimes; this study also identifies the challenges and opportunities Indonesian people face regarding their privacy in public places. The concept of personal data protection is analyzed through an empirical legal research method with a descriptive-qualitative approach, considering the current Indonesian legal framework. This research also involves Soerjono Soekanto's Theory of Legal Effectiveness and Chambliss and Seidman's Theory of the Working of Law, which will assist in elaborating the research. This research highlights the importance of public awareness and the role of supervisory agencies in addressing the risks of privacy-infringing camera recordings. The results show the need for a collaborative strategy between the government and society to strengthen personal data protection. The results of this study can assess the effectiveness of the enforcement of the PDP Law in Batam City through five factors and how the regulation in Indonesia overshadows the problems faced, such as the lack of law enforcement roles in Batam City and the lack of reminders such as facilities that can be a bridge for the public to know the prohibition of installing hidden cameras in public places that can endanger the public.

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