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All Journal Ilmu Hukum Prima Jurnal Kewarganegaraan Jurnal Interpretasi Hukum i-Latinnotary Journal: Internasional Journal of Latin Notary CSR International Journal Khazanah Hukum
Tommy Leonard
Universitas Prima Indonesia
Religion Humanities Astronomy Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KEDUDUKAN JAMINAN FIDUSIA SETELAH ADANYA PUTUSAN PAILIT DITINJAU DARI UNDANG-UNDANG NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU tommy leonard
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihap.v2i1.1419

Abstract

Increased economic development activities lead to the increases need for funding. Some business activities can finance its business activities through its own budget, and some do not have enough funds to finance it that they require funding from other parties. To maintain the smooth return of these funds, there must be a guarantee if in the future the debtor experiences bankrupt and break promises then the lender can hold and sell the collateral. In Article 1 Paragraph 1, UUJF is security rights over objects moving either tangible or intangible and immovable particular building can not be encumbered encumbrance. UUK-PKPU Article 1 (1) which states that: "bankruptcy is common to all the wealth confiscated the bankruptcy debtor and pemberesannya maintenance performed by curators under the supervision of the Supervisory Judge as set out in the legislation. In general, bankruptcy is the conditions faced by the debtor, in the form of a general confiscation of all his assets as a result of inability to pay off its debt payment obligations, to be distributed in proportion to its creditors. UUK-PKPU newly formed has a wider coverage in terms of norms, the scope of the material, and the process of settlement of debts. The purpose of this study was to determine how the provisions of fiduciary law in Indonesia, to find out how the provisions of the bankruptcy law in Indonesia and to know how to position fiduciary-PKPU after the birth of the Labor Law. The research approached the problem through legislation and regulations, and use supporting theory to complete this study and attempt to explain how the nature of normative legal fiduciary position after the bankruptcy decision-PKPU terms of the Labor Law.
JURIDIC ANALYSIS OF INDEPENDENT COMPANY ESTABLISHMENT POST GOVERNMENT REGULATION NUMBER 8 YEAR 2021 Elvira Fitriani Pakpahan; Tommy Leonard; Syahruddin Nasution
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v1i2.29

Abstract

Abstract An individual company is a business entity that is a legal entity and is independently providing a glimmer of hope for the community in the form of convenience in the establishment, change, revocation of the company, and the legality of an individual company. In article 1 number 1 of Government Regulation Number 8 of 2021 it is stated that individual legal entities meet the criteria for micro and small businesses as stipulated in article 2 paragraph 1 letter b that the establishment of an individual company can be established by 1 (one) person by taking legal action in the form of making an electronic statement of the establishment to the minister, research problems on how to change the company, dissolution of an individual company after Government Regulation Number 8 of 2021, what is the legality and position of a sole proprietorship after Government Regulation Number 8 of 2021.
IMPLEMENTATION OF THE IMPOSITION OF RESTRICTIONS ON EMERGENCY COMMUNITY ACTIVITIES FOR CORONA VIRUS DISEASE (PPKM) IN RELATION TO POSITIVE LAW IN INDONESIA Elvira Fitriani Pakpahan; Tommy Leonard; Darwis Darwis
International Journal of Latin Notary Vol. 2 No. 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i1.31

Abstract

This study aims to analyze the legal basis for implementing Emergency PPKM and sanctions if the community violates Emergency PPKM. This research is a type of normative juridical law research. To obtain the data needed in this study, literature research was used and then analyzed qualitatively by collecting primary, secondary and tertiary legal materials related to research. Based on the results of data analysis, the results obtained: The legal basis for implementing Emergency PPKM based on the perspective of the Government of the Republic of Indonesia is the Law of the Republic of Indonesia Number: 4 of 1984 concerning Outbreaks of Infectious Diseases in Article 1 to Article 6 while sanctions are regulated in Article 14 paragraph (1) to paragraph (3) and the Law of the Republic of Indonesia Number: 6 of 2018 concerning Health Quarantine in Article 9 while sanctions are only given to the captain, pilot captain and person in charge of land transportation with the overall implementation regulated in government regulations where government regulations are statutory regulations determined by the President to carry out the law properly, The benefits of the Emergency PPKM being implemented are to suppress the spread of the covid-19 virus in certain activities or in non-essential activities as a form of follow-up to the direction of the President of the Republic of Indonesia because people do not understand the importance of implementing health protocols so that there is an increase in people exposed to the corona virus every day, The sanctions given if the public violates the Emergency PPKM do not have a strong legal basis and the issuance of the Instruction of the Minister of Home Affairs is not appropriate because Indonesia is still in a state of emergency based on Presidential Decree Number: 11 of 2020 concerning the Determination of the Covid-19 Public Health Emergency so that emergency handling must refer to Presidential Decree Number: 11 of 2020 concerning the Determination of the Covid-19 Public Health Emergency or through a Government Regulation.
LEGAL RESPONSIBILITY OF VACCINE PROVIDER ON THE IMPACT OF POST IMMUNIZATION FOLLOWING EVENT (AEFI) AFTER VACCINATION Willy Tanjaya; Tommy Leonard; Leonardus Mirzal Lumban Gaol
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.41

Abstract

Health has a broad meaning and dimension according to the definition according to WHO and the Health Law, namely a healthy state which includes physical, mental, spiritual and social aspects and can be socially and economically productive. This shows that a person's health status is not only measured from physical and mental aspects, but is also assessed based on social or economic productivity. In early 2020 the world was shocked by the outbreak of a new virus named by the World Health Organization (WHO) Severe Acute Respiratory Syndrome Coronavirus-2 and the name of the disease as corona virus disease 2019 (Covid-19). One way to suppress its growth rate is that the Central Government will take action to vaccinate people in Indonesia so that the spread of the Covid 19 virus does not increase. However, Recently, there have been several reports related to the administration of vaccines with the type of vaccine that experiences a lot of Post-Immunization Adverse Events (AEFI) such as fever, chills, headache, and body aches and weakness. For the impact of the AEFI, the public often blames health workers and even accuses them of medical malpractice In the implementation of the COVID-19 vaccination, it is also obligatory for every citizen to vaccinate. Regulation of the Minister of Health of the Republic of Indonesia Number 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the 2019 Corona Virus Disease (Covid-19) Pandemic Article 46 Paragraph (1), Paragraph (2), and Paragraph (3) then the government has legal responsibility, if the vaccine organizers follow the Operational Standards that have been established.It is recommended to the central government in issuing new rules related to the handling of Covid 19 and the implementation of vaccinations must be in line with and must not conflict with existing laws and regulations, especially regarding Human Rights (HAM) and the rights of citizens to determine systems and procedures. ways to maintain their health in a responsible manner, including vaccination, which should be one of the choices in health care society and not to be forced.
Tinjauan Kriminologi Terhadap Tindak Pidana Pengedaran Sediaan Farmasi Tanpa Izin Edar Tommy Leonard; Kartina Pakpahan; Agnes Theresia Br Barus; Thomson Sukamto Marzuky Simatupang
Jurnal Kewarganegaraan Vol 6 No 2 (2022): Desember 2022
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v6i2.5396

Abstract

Punishment is a form of deviation of behavior within society. One of the criminal acts in the field of pharmacy is related to the circulation of pharmaceutical preparations without an edar license, such as drug circulation without a edar licence that can harm society. The purpose of the research is to analyze the arrangements regarding the distribution of pharmaceutical preparations without authorization, efforts to combat such crimes, as well as the punishment given to the perpetrators. This research uses a method of research jurisprudence normative law, descriptive analysis using library data through libraries, regulations-legislation related to pharmaceutical preparations without authorization. The results of the criminal investigation of distributing pharmaceutical preparations without an edar license are regulated in Article 106 paragraph 1 junto 197 of the Law No. 36 of 2009 on Health. Procurement of pharmaceutical supplies is carried out by the pharmacy in the production, distribution and distribution facilities and facilities of pharmacy services. (pasal 6 PP Nomor 51 Tahun 2009 tentang pekerjaan kefarmasian). Countermeasures for criminal acts are carried out with penal and non-penal efforts. The punishment given is 4 (four) months and a fine of IDR 1,000,000.00 (one million rupiah) subsidiary of 1 (one) month in prison
Legal Protection of Auction Winners of Agraria Disputes of Confiscated Assets through KPKNL Brilian Moktar; Elfira Fitriyani Pakpahan; Kartina Pakpahan; Ok Isnainul; Tommy Leonard
CSR International Journal Vol. 1 No. 1: December 2021
Publisher : ALTSA Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35307/csrij.v1i1.14

Abstract

It is important to know the rights of the auction winner in every auction procedure. This includes legal protection for the winning bidder for assets confiscated through the State Wealth and Auction Service Office (KPKNL). This research will reveal the legal protection section of agrarian disputes over the auction of bppn confiscated assets through KPKNL in Medan City. Data collection used Normative Juridical review. Research informants only focus on employees and parties who have problems related to the agrarian suspicion of the auction of confiscated assets by the Indonesian Bank Restructuring Agency, confiscate through KPKNL in the Medan branch. The conclusion is that legally the auction, there are inappropriate regulations by the Central KPKNL and the Medan city area. There are also problems with policies made by agraria confiscate, where the regulations are not well integrated. KPKNL has conducted an auction, but has not provided certainty for the auction winner. In this case, the auction winner gets a loss because he has followed all procedures and did not receive what has been stipulated by KPKNL.
Enhancing Competence and Legal Safeguards for Foreign Medical Professionals under the ASEAN Mutual Recognition Arrangement (MRA): A Case Study of Indonesia Roswita Sitompul; Tommy Leonard; Kartina Pakpahan; Thela Valentine; Merry Roseline Pasaribu
Khazanah Hukum Vol. 5 No. 2 (2023): Khazanah Hukum Vol 5, No 2 August (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i2.28721

Abstract

This study aims to analyze the regulation of the medical profession in Indonesia in implementing the Mutual Recognition Arrangement (MRA), as well as the legal response to violations by foreign doctors and the government's efforts to increase the competitiveness of ASEAN foreign doctors in MRA professional standards. The normative-empirical method is used by collecting data through field studies, literature studies, and qualitative analysis. The results of the study show that a number of regulations including the Medical Practice Act, the Health Law, and the Presidential Decree regarding foreign workers governs the regulation of the medical profession in Indonesia related to MRA. The government is also trying to increase the competitiveness of foreign doctors by providing quality health infrastructure and creating a conducive investment climate. Legal responsibility for foreign doctors' violations of the medical profession includes civil, criminal and administrative aspects. This research provides insight into legal protection for the medical profession in the implementation of MRA and emphasizes the importance of government steps in increasing the competence of foreign doctors to maintain professional standards in the ASEAN context.
Upaya Pencegahan Peredaran Produk Hortikultura Tidaksesuai Standar Mutu dan/atau Keamanan Pangan Kartina Pakpahan; Emir Syarif Fatahillah Pakpahan; Tommy Leonard
Jurnal Interpretasi Hukum Vol. 4 No. 3 (2023): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.4.3.8224.672-681

Abstract

Penelitian ini bertujuan menemukan langkah tepat sebagai upaya mencegah peredaran Produk Hortikultura yang tidak sesuai standar mutu dan /atau keamanan pangan dipasar Trandisional maupun Modern melalui kebijakan penal maupun nonpenal. Metode dan jenis Penelitian yang digunakan yuridis empiris. Menggunakan metode Pendekatan peraturan perundang-undangan (statute approach) dan sosial masyarakat. Sumber data diperoleh dari lapangan secara langsung dengan wawancara dengan Narasumber. Sifat penelitian yaitu deskriptif, analisis evaluatif, dan perskriptif Menganalisis data bahan hukum dengan kualitatif. Kajian ini menyimpulkan bahwa perlu adanya harmoniasi kebijakan dalam bidang Hortikultura, sehingga peraturan secara khusus mengatur tentang Hortikultura Segar dan Hortikultura Olahan dapat diatur dalam regulasi khusus Undang-undang No.13 Tahun 2023 tentang Hortikultura. Mengatur tentang bentuk pengawasan pada Pre Market dan Post Market. Pemberian ijin edar dan pencabutan ijin edar jika produk tidak sesuai standar mutu dan/atau keamanan pangan. Upaya pencegahan dilakukan melalui penerapan kebijakan Kriminal yaitu Penal dan Non Penal. Pendekatan non penal melalui Pendekatan Pendidikan, moral dan Agama, selain itu melalui penyuluhan kepada Masyarakat, Pelaku Usaha. Pemberdayaan Perempuan untuk pengambilan keputusan menentukan memilih untuk mengkonsumsi buah dan sayuran bagi keluarga sesuai standar mutu dan/atau keamanan pangan. Melakukan pengujian sample produk secara rutin dan berkala, melakukan inspeksi ke Pusat pasar, pasar tradisional dan modern, sosialisasi kepada konsumen untuk Cek Klik (Cek Kemasan, Label, Izin Edar, Kadaluarsa).
Co-Authors Agnes Theresia Br Barus Azharuddin, Azharuddin Darwis Darwis Elfira Fitriyani Pakpahan Elvira Fitriani Pakpahan Elvira Fitriyani Pakpahan Emir Syarif Fatahillah Pakpahan Heriyanti Heriyanti Kartina Pakpahan Leonardus Mirzal Lumban Gaol Merry Roseline Pasaribu Moktar, Brilian OK Isnainul Roswita Sitompul Syahruddin Nasution Thela Valentine Thomson Sukamto Marzuky Simatupang Willy Tanjaya