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Perlindungan Hukum Jaminan Kesehatan di Indonesia Ezravania Rahmat; Gunardi Lie
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.5621

Abstract

Social security is an important system in providing adequate protection and access to health services for the community. The most important social security is health insurance. Health insurance is regulated through specific laws and regulations. The implementation of Health Insurance involves the Health Insurance Administering Agency (BPJS) as the one that manages the health insurance program. BPJS is responsible for managing funds, paying claims, setting service rates, monitoring service quality and providing information and education to participants. With the collaboration between BPJS Health and health facilities (Hospitals) through cooperation agreements to ensure access and quality of health services in accordance with established standards. In its implementation related to law enforcement, the effectiveness of the law, public awareness and compliance must be evaluated through several variables of target accuracy, program socialization, achievement of program objectives and implementation monitoring that affect health insurance. The research method used is normative legal research which is descriptive analytical in nature which describes precisely the characteristics of an individual, situation, symptom or particular group and to determine whether or not there is a relationship between a symptom and other symptoms in society. The type of data used is from literature, official documents. The data collection technique used was a literature study with additional interviews from the Health Social Security Administration (BPJS) and one at the hospital. With this health insurance program, some people have registered, but for those who have not registered, BPJS should provide outreach to its participants. In the event that the complaint process is carried out in less days than specified in the regulations.
BAGAIMANA PERLINDUNGAN HUKUM INVESTOR PASAR MODAL DALAM UU NO 8 TAHUN 1995 Arka Candias Hermawan; Gunardi Lie
Jurnal Riset Multidisiplin Edukasi Vol. 2 No. 10 (2025): Jurnal Riset Multidisiplin Edukasi (Edisi Oktober 2025)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v2i10.993

Abstract

The capital market serves a pivotal function in the economy by facilitating the acquisition of long-term capital and acting as a mechanism for financial intermediation.  Investment operations in the capital market are susceptible to many hazards, including fraudulent tactics, price manipulation, and insider trading, which can adversely affect investors.  Consequently, regulatory safeguards for investors are essential for preserving public confidence and ensuring the viability of a robust capital market.  This study intends to examine the legal protections delineated in Law Number 8 of 1995 regarding Capital Markets (UUPM) and evaluate the efficacy of its implementation.  The research employs a normative legal methodology utilising statutory, conceptual, case-based, and comparative approaches.  The findings demonstrate that legal protection inside the UUPM is enforced via two primary pillars. The preventive pillar is realized through the principle of disclosure, both in prospectuses and in periodic and incidental reports, to reduce information asymmetry. The repressive pillar is enforced through prohibitions on fraud, market manipulation, and insider trading, supported by administrative, criminal, and civil sanctions. The combination of these two pillars creates a balance between prevention and enforcement, thereby fostering an orderly, fair, and efficient capital market. Nevertheless, the effectiveness of legal protection is highly dependent on implementation quality, particularly regarding the standards of materiality and timeliness of disclosure, the speed and certainty of law enforcement, as well as the integrity of corporate governance and supporting professions. Hence, strengthening supervision, improving investor education, and updating regulations to adapt to technological developments and market dynamics are essential to achieve sustainable investor protection.
Efektivitas Perlindungan HKI bagi UMKM di Indonesia dan Perbandingannya dengan Negara Lain Angelica Jovanka Sukarsaatmadja; Gunardi Lie
Jurnal Riset Multidisiplin Edukasi Vol. 2 No. 10 (2025): Jurnal Riset Multidisiplin Edukasi (Edisi Oktober 2025)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v2i10.1015

Abstract

Intellectual Property Rights (IPR) are legal rights that protect the creations, inventions, and creativity that possess economic value. In the context of business law, IPR protection, particularly trademark protection is crucial for Micro, Small, and Medium Enterprises (MSMEs) as it safeguards their product identity and competitiveness. Indonesia has established a strong legal foundation for IPR protection through Law No. 20 of 2016 on Trademarks and Geographical Indications, Law No. 28 of 2014 on Copyright, Law No. 13 of 2016 on Patents, and Law No. 30 of 2000 on Trade Secrets, which have been harmonized with international standards under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). However, the effectiveness of IPR protection for MSMEs in Indonesia remains suboptimal due to the application of the first to file principle, which often creates inequality for small businesses that face obstacles in trademark registration. The MS Glow vs PS Glow case exemplifies the weakness of IPR protection implementation in Indonesia. In this case, the court ruled in favor of the party that registered the trademark first, without considering the social and economic aspects of the business that had already gained a stronger market reputation. This outcome demonstrates that Indonesia’s IPR protection system still emphasizes formal legal certainty rather than substantive justice. Conversely, countries such as Japan and South Korea have successfully implemented more effective IPR protection systems through government support in the form of registration subsidies, free legal assistance, and efficient dispute resolution mechanisms via institutions such as the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO). This article employs a normative legal research method with a comparative approach to examine the effectiveness of IPR protection for MSMEs in Indonesia and compare it with the systems in Japan and South Korea. The findings reveal that, although Indonesia has established a comprehensive legal framework, its implementation remains ineffective due to limited legal literacy, high costs, and insufficient access to legal assistance for MSMEs. Therefore, it is necessary to strengthen institutional capacity, enhance legal education, provide registration subsidies, and develop non-litigation dispute resolution mechanisms to ensure fair and effective IPR protection. A robust IPR protection system will play a vital role in encouraging innovation, enhancing the competitiveness of MSMEs, and strengthening a creativity-based national economy.
PERLINDUNGAN INVESTOR DI PASAR MODAL INDONESIA: ANALISIS NORMATIF TERHADAP PERAN REGULASI DAN OTORITAS JASA KEUANGAN William Christopher Yang; Gunardi Lie
Jurnal Riset Multidisiplin Edukasi Vol. 2 No. 10 (2025): Jurnal Riset Multidisiplin Edukasi (Edisi Oktober 2025)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v2i10.1016

Abstract

The capital market serves as an important instrument for companies to obtain funding. On the other hand, investors are often in a weaker position due to limited access to information and the high risk of market misconduct. This condition creates a strong need for clear legal protection. This study focuses on two main issues, namely the legal framework governing investor protection in Indonesia and the role of the Financial Services Authority (OJK) in carrying out its supervisory function. The research applies a normative juridical approach by examining relevant laws, regulations, and literature. The findings show that although existing regulations, such as the Capital Market Law and the OJK Law, provide a foundation for investor protection, challenges remain in their implementation. Weaknesses are found in supervisory practices and in the low level of financial literacy among the public. Therefore, strengthening regulations and optimizing the supervisory role of OJK are necessary to ensure more effective investor protection in the Indonesian capital market.
Kekosongan Hukum dan Ketidakjelasan Tanggung Jawab Platform E-Commerce Atas Produk Ilegal dalam Transaksi Digital Su, Bok Rok; Gunardi Lie; Moody Rizqy Syailendra Putra
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1437

Abstract

Legal uncertainty and the lack of clear liability rules for e-commerce platforms regarding illegal products sold by third parties have harmed consumers. An analysis of national regulations and liability theories (fault, risk, and strict liability) reveals that platform obligations remain vaguely defined. This gap is often exploited to avoid accountability. Legal reform is necessary to prevent platforms from hiding behind intermediary status and ensure their responsibility for products circulating on their systems.