Articles
LEGITIMACY OF A FIXED-TERM EMPLOYMENT CONTRACT BASED ON REMOTE WORK CONCEPT FROM THE PERSPECTIVE OF THE JOB CREATION ACT
Madia, Putu Bella Mania;
Bagiastra, I Nyoman;
Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 4 (2022): OCTOBER
Publisher : Transpublika Publisher
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DOI: 10.55047/polri.v1i4.485
Labor issues are a social, political and economic phenomenon in modern countries, including Indonesia, and require a way that is no longer conventional in improving the system in employment. As such, remote working can be the solution. The implementation of Remote Working in Indonesia depends on three legal aspects, namely the Criminal Code, the Job Creation Act along with the Labor Law, and the ITE Law. This study aims to analyze the Fixed-Term Employment Contract (PKWT) work relationship based on remote work concept from the perspective of the job creation act and find out the implementation and problems of Fixed-Term Employment Contract. This study employs a normative legal research technique derived from laws and regulations employing a library research technique. According to the findings of this study, Fixed-Term Employment Contract with the Remote Working concept must also adhere to the Labor Law and the Job Creation Act. Besides, the parties who engages on the Fixed-Term Employment Contract must also consider a number of additional legal factors in order to ensure the agreement's legitimacy and the protection of each party's rights and obligations. Despite the passage of the Job Creation Act, it turns out that there are still several issues that require attention.
LEGAL PROTECTION OF PATENT RIGHTS AS FIDUCIARY GUARANTEES IN BANKING CREDIT
Winata, I Gede Surya;
Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher
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DOI: 10.55047/polri.v2i1.549
This study aims to identify and understand the legal protection of patents as fiduciary guarantees in bank credit and how to measure the economic value of patents as fiduciary guarantees. In addition, the study will investigate how to measure the legal protection of patents as fiduciary guarantees. This is a normative legal research using statutory approach, in this case Law Number 13 of 2016 concerning Patents and the Legal Concept Analysis Approach. This study includes primary legal material in the form of Law Number 42 of 1999 concerning Fiduciary Guarantees, Law Number 10 of 1998 concerning Banking as well as secondary legal material that is not binding but explains the primary legal material. The findings revealed that in granting credit, clearly there is a guarantee that must be given by the debtor to the creditor. Hence, for the purpose of guaranteeing credit, the form of guarantee that is most appropriate to use in this case is to use a fiduciary guarantee. Further, fiduciary guarantees are regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees.
PROXY WARS IN THE ERA OF GLOBALIZATION IN THE PERSPECTIVE OF INTERNATIONAL LAW
Krisna, I Putu Bagus Arya;
Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher
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DOI: 10.55047/polri.v2i1.561
Along with the development of science and technology, there has also been a shift in the form of war which we know is synonymous with military force, firearms and artillery explosions. Marked by the emergence of Proxy War as a new style in the world of war. The absence of direct involvement and the existence of competition between the great powers between the parties is one of the characteristics of the Proxy War itself but the Proxy War itself still has an impact that is as dangerous as a normal war, because Proxies can be formed from within/outside the country which makes it be difficult to detect. This paper aims to find out how Proxy War exists in historical developments and to see and understand Proxy War in the present which is very closely related to cyber warfare. The method used was a normative legal research method whose research focuses on the relationship between norms and predicts their development in the future. The findings showed that proxy war as a new style of warfare creates its own worries. Because the close link between Proxy War and Cyber War can cause national instability in a country. If propaganda that occurs in cyberspace is spread widely and systematically, this has the potential to cause riots within a country.
LEGAL PROTECTION OF TRADERS IN DIGITAL ASSET INVESTMENT THROUGH PRIVATE DIGITAL CURRENCY IN INDONESIA
Sanjaya Putra, Adi Mas;
Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher
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DOI: 10.55047/polri.v2i2.609
This study examines the government's response to protect traders engaged in digital asset transactions in Indonesia and analyzes the legal protection available to traders in case of disputes with exchanges. The research employs a normative legal method that investigates relevant rules, norms, and doctrines. The findings indicate that the government has implemented preventive legal protection measures through the Commodity Futures Supervisor, as stipulated in the Decree of the Minister of Industry and Trade Number: 86/Mpp/Kep/3/2001, which outlines the organizational structure of the Ministry of Industry and Trade, specifically Article 1112. Furthermore, traders have access to repressive legal remedies, such as filing a lawsuit under Article 1365 of the Civil Code for the recovery of their rights (compensation) and initiating a default suit according to Article 1243 of the Civil Code in the district court situated in the trader's jurisdiction. Additionally, non-litigation settlements serve as an alternative option available to traders.
RESPONSIBILITY OF INSURANCE COMPANIES DECLARED BANKRUPT FOR THE REPAYMENT OF POLICYHOLDERS' RECEIVABLES
Dharmika Yogiswari, Ni Made;
Novy Purwanto, I Wayan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher
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DOI: 10.55047/polri.v2i3.637
Insurance companies, as legal entities engaging in business activities, may not always maintain good financial standing. A bankrupt company is typically in a state of insolvency where its assets fall short of its outstanding obligations. The insolvency of an Insurance Company leads to setbacks and limitations in its operations, with the Policyholder being the most affected party. This study aims to explore how dividends from bankrupt insurance companies are distributed and how such companies are accountable for settling Policyholders' receivables. The research employs a normative research method, utilizing a statutory approach and legal concept analysis. The findings indicate that the distribution of bankrupt insurance companies' assets is based on the priority order of creditors. The Policyholder, as the Preferred Creditor, receives payment of their receivables first and assumes the position of Separatist Creditor. In case of bankruptcy, the Insurance Company bears full responsibility for settling Policyholders' receivables. If there are any unpaid receivables, the Insurance Company is obligated to pay the remaining amount to the Policyholder.
THE INFLUENCE OF DIGITALIZATION ON BANKING FINANCIAL INSTITUTIONS IN INDONESIA
Mahayana, Destri Ayu Larasati;
Purwanto, I Wayan Novy
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher
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DOI: 10.55047/polri.v2i4.864
The development of digitalization systems has a direct impact on the banking industry, both positively and negatively. This research aims to examine the influence of digitalization on financial banking institutions in Indonesia and how efforts are made to prevent the negative effects of banking service digitalization in Indonesia. This study employs a normative legal research method, utilizing a legislative approach. One of the positive impacts of digitalization on financial banking institutions in Indonesia is the emergence of digital banking services. However, one of its negative consequences is the potential for cybercrimes. To prevent the negative effects of banking service digitalization in Indonesia, various preventive measures can be taken, such as not disclosing PINs to others and exercising caution when using internet applications. Additionally, the Financial Services Authority (OJK) has issued Regulation No. 13/POJK.03/2020 amending Regulation No. 38/POJK.03/2016 regarding the Implementation of Risk Management in the Use of Information Technology by Commercial Banks.
PERLINDUNGAN HUKUM BAGI PENGGUGAT ATAS KERUGIAN TINDAK PIDANA PENIPUAN
I Putu Arya Suarnata Wibawa;
I Wayan Novy Purwanto
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer
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DOI: 10.51903/perkara.v1i4.1764
The word law comes from the Arabic al-hukm with literally alhukm meaning a rule. In the trial program the judge can become a law, if there is no regulation in this case, it will be the responsibility of the judge to find the legal regulation. This research aims to find out how the legal protection for the loser is from punishing others, as well as finding out that his inheritance can be a guarantee of legal protection for the injured party for a crime committed by the party in buying protection for formal or material losses. The method used in this research is normative legal writing, the methods used are Case Approach and Statute Approach. The case method is carried out by examining cases related to the problems faced which have become court policies and have permanent legal force. The results of the research show that prosecution needs to be based on strong reasons and evidence if this action is an act that has violated the law, if the reasons and evidence cannot be held accountable so that the lawsuit is based on a prosecution that cannot be carried out by law in court. From this, legal protection is needed for the plaintiff who loses from the criminal action.
A Cyber Notary Based Notarial Deed Relating To The Obligation To Make An Authentic Deed
Meylita Dewi, Vania;
Novy Purwanto, I Wayan
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research
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DOI: 10.38035/jlph.v4i6.603
The purpose of this research is to find out the regulations regarding cybernotaries in Indonesia and the validity of notarial deeds made through cyber notaries in relation to the obligation to make authentic deeds. This research uses a normative legal approach because of conflict norms, by analyzing legal concepts and legislative approaches, and using qualitative methods whose results are presented descriptively. Based on the analysis, it is known that regulations regarding cyber notaries in Indonesia are regulated in the UUJN. The validity of a cyber notary's notarial deed in issuing an authentic deed is considered valid if it complies with Article 16 paragraph (1) letter m and Article 38 UUJN and Article 1868 of the Civil Code.
Tinjauan Yuridis Terhadap Hubungan Kerja Tindakan Penahanan Ijazah Pekerja Oleh Perusahaan Berdasar Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan
I Made Chossy Narayanan;
I Wayan Novy Purwanto
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional
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DOI: 10.55606/jhpis.v2i4.2310
The motivation behind this paper is to decide the game plan of business relations that outcome in the detainment of a laborer's confirmation by the organization as far as Law Number 13 of 2003 concerning Manpower. Utilization of a confirmation as an assurance of work in the work arrangement between the organization and the provisional laborers. This study utilizes a standardizing legitimate technique and this examination will utilize three ways to deal with break down the issue, to be specific the legal methodology, the applied methodology, and the recorded methodology. This kind of exploration is standardizing juridical examination. This examination is an exploration on lawful synchronization. In this review, the creators utilized library research. Wellsprings of information utilizing essential information, optional information, and tertiary information. The creator gathers information utilizing different libraries, print broad communications, and web media.
Legal Impact for Health Facilities in Filling in Inauthentic Birth Certificate Data
Idayati, Ns. Dewa Ayu Made;
Manuaba, Ida Bagus Gede Fajar;
Purwanto, I Wayan Novy
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research
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DOI: 10.38035/jlph.v5i5.1926
This research is about the legal impact for health facilities in filling out inauthentic birth certificate data. A birth certificate is a vital official document in population administration, serving as proof of birth and the basis for access to public services. However, inauthentic data entry can occur due to human error or intent to deceive, which has the potential to have significant legal impacts for the health facilities (faskes) that issue it. This research aims to examine the legal impacts faced by health facilities due to filling out inauthentic birth certificate data and examine the legal enforcement process for health facilities that issue birth certificates with inaccurate data. This research will analyze the legal impact on health facilities regarding filling out inauthentic birth certificate data using a normative juridical legal approach. The focus is on regulations governing population administration and the legal responsibilities of health facilities. The methods used include regulatory studies, jurisprudential studies. Findings show that legal impacts include administrative sanctions, revocation of operational permits, and lawsuits, while the law enforcement process involves monitoring, investigation, data verification, and public education. With a deep understanding of this problem, it is hoped that research can provide solutions to increase accuracy in filling out birth certificates and maintain the integrity of the population administration system