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All Journal Arena Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Daulat Hukum Jurnal Akta Jurnal Darma Agung LEGAL BRIEF JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat UNES Journal of Swara Justisia Journal Equity of Law and Governance Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Jurnal Pengabdian Masyarakat Tjut Nyak Dhien Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies PKM Maju UDA SASI Realism: Law Review Jurnal Mutiara Hukum
Atika Sunarto
Universitas Prima Indonesia
Religion Aerospace Engineering Humanities Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Other

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Journal : LEGAL BRIEF

 1 
The Substance of Dumping in HDI's Point of View, its Existence Towards Islamic Law Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

This paper discusses the views of international trade law and Islamic law on dumping practices. Dumping is the activity of buying and selling products at below normal prices in countries aimed at exporters for the sole purpose of controlling international market share. Dumping is carried out with the aim of seizing international share by a country, so that this is a high case in international trade. It is a fact that Indonesia is in the top fifth place on dumping charges. Dumping is a trade practice that is dishonest, however dumping is in fact not prohibited in the provisions of the WTO. However, importing countries can apply anti-dumping duties that apply to the WTO for dumping products to prevent or reduce the effects of serious losses on domestic products which are considered substantial. Islam recognizes the term dumping by the term "siyasah al-ighraq" or islam the price. Islamic law is different from international trade law. Which is in the hadith of the Prophet that the practice of dumping is prohibited because it can cause losses that lead to bankruptcy for producers.
Judicial Review due to Bankruptcy Law on State-Owned Enterprises (Persero) and Workers Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Bankruptcy is a general confiscation covering all debtor assets for the benefit of all creditors. In other words, bankruptcy is the time when the debtor is no longer able to pay all debts that are due. State-Owned Enterprises (BUMN) is a company in the form of a limited liability company (Persero) which is wholly, mostly or partly owned or managed by the government and directly controlled by the government. Workers or laborers are people who work and receive wages or other forms of remuneration. The research made in making scientific papers is normative legal research. Normative legal research or it can be called library research is research that saya learning in the form of documents, using a variety of secondary data, namely regulations in legislation, court decisions set by judges, and legal theories. The data source used to write scientific papers is secondary data sources. This secondary data source takes data that comes from existing journals, established laws and regulations. Secondary data also logged all documents that were informed.
The Urgency of the Existence of Islamic Banking (Comparative Study with Conventional Banking) Muhammad Ali Adnan; Atika Sunarto
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

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Abstract

Banking has an important role in the development of a country's economy. Banking is a business entity that provides services in the payment traffic and circulation of money in the world. Islamic bank is a bank that conducts business activities based on Islamic principles, namely the rules of the agreement based on Islamic law between banks and other parties to finance business activities and / or deposit funds and other activities. The method used in this research is the normative method, namely legal research which is carried out by examining library materials or secondary data using a statutory approach, a conceptual approach and a comparative approach. The sources of data obtained are secondary data sources that come from literature studies by reviewing, analyzing and processing literature, laws and regulations, journals, articles, and writings related to Islamic banks and conventional banks. The results show that there is an urgency for the existence of Islamic and conventional banking in Indonesia in accordance with the interests of society.
Legal Aspects of Merging Limited Liability Companies in Company Law by Merger Atika Sunarto; Muhammad Ali Adnan
LEGAL BRIEF Vol. 9 No. 1 (2019): Law Science and Field
Publisher : IHSA Institute

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Abstract

In general, the goal of a merger is to obtain synergy or added value. The added value in question is more long-term compared to the added value that is temporary. Therefore, there is no synergy of a merger that cannot be seen shortly after the merger occurs. But it takes quite a long time. The synergy that occurs as a result of a merger of business bias in the form of ups and downs of economic questions, and financial synergy in the form of capital increase. The advantage of merger is that the takeover through a merger is simpler and cheaper compared to the other takeovers while the merger's shortcomings are that there must be approval from the shareholders of each company, whereas to obtain the agreement requires a long time. The merger strategy is an alternative to expanding the business.
Juridical Review of the Circulation of E-Cigarettes (Vaporizers) Containing Addictive Substances Based on Law No. 36 of 2009 on Health Atika Sunarto; Ronal Pranata Manullang; Mashita Margaretha Manurung
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Smoking is one of the activities that are still carried out by individuals at all ages, from teenagers to adults. Many ways can be done in an effort to stop smoking, such as committing, replacing cigarettes by consuming sweets, diverting cigarettes with more useful activities. But now news is circulating about smokers who try to quit smoking using e-cigarettes. propylene glycol, and taste. e-cigarettes contain liquid nicotine, propylene glycol, and glycerin. If all the ingredients are heated the meal will produce nitrosamine compounds and those compounds can cause cancer. Therefore, consumer protection must be strictly enforced. Results of this study said that e-cigarettes and conventional cigarettes have the same danger to their users because they contain nicotine and addictive substances that are harmful to health.
Analysis of Consumer Protection Regulations Against Unlicensed Cosmetics by BPOM. Case Study: Etude House Cosmetic Elvira Fitryani Pakpahan; Atika Sunarto; Dicky Alfredo Ginting
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (787.694 KB) | DOI: 10.35335/legal.v11i2.323

Abstract

The purpose of this research is to analyze the regulation of consumer protection for cosmetics that are not licensed by BPOM. The research method used by the author is secondary research based on library research, laws and regulations, and related journals. The results of the study are the authors can find out that the legal protection process that has been implemented in Indonesia has been carried out properly and in accordance with existing procedures, legal remedies taken by consumers as a form of protest are more contextual because of the rapid development of technology and the role of BPOM in overcoming cosmetic products that have been circulating in the community are complex
Juridical analysis of the rights of workers who are terminated due to refusal of mutation in terms of law no. 13 of 2003 concerning labor manpower Atika Sunarto; Stanley A. Efendi; Ali Adnan; Kelly Kelly
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.920

Abstract

Workers in Indonesia have the right to reject mutations, as stated in Article 32 paragraph (1) letter b of Labor Law No. 13 of 2003. This provision allows workers to refuse changes in employment conditions, including relocation, if these alterations violate employment agreements, company rules, or legal statutes. The research, following a normative approach and using secondary data sources, highlights that workers can refer to Articles 31 and 32 to assess the compatibility of mutations with existing regulations. Termination of employment, as defined in Article 1 Point 25 of the Labor Law, can occur due to specific events resulting in the cession of rights and obligations between workers and employers. Rejection of mutations may lead to termination, according to Article 161 of Law No. 13 of 2003, with a mandatory issuance of warning letters. Disputes can be resolved through the Industrial Relations Court or alternative mechanisms, including Bipartite, Tripartite, Mediation, Conciliation, and Arbitration. If out-of-court attempts fail, the Industrial Relations Court serves as the final resolution step, involving filing a lawsuit and examination procedures in the local court
Juridical analysis of the rights of workers who are terminated due to refusal of mutation in terms of law no. 13 of 2003 concerning labor manpower Sunarto, Atika; Efendi, Stanley A.; Adnan, Ali; Kelly, Kelly
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.920

Abstract

Workers in Indonesia have the right to reject mutations, as stated in Article 32 paragraph (1) letter b of Labor Law No. 13 of 2003. This provision allows workers to refuse changes in employment conditions, including relocation, if these alterations violate employment agreements, company rules, or legal statutes. The research, following a normative approach and using secondary data sources, highlights that workers can refer to Articles 31 and 32 to assess the compatibility of mutations with existing regulations. Termination of employment, as defined in Article 1 Point 25 of the Labor Law, can occur due to specific events resulting in the cession of rights and obligations between workers and employers. Rejection of mutations may lead to termination, according to Article 161 of Law No. 13 of 2003, with a mandatory issuance of warning letters. Disputes can be resolved through the Industrial Relations Court or alternative mechanisms, including Bipartite, Tripartite, Mediation, Conciliation, and Arbitration. If out-of-court attempts fail, the Industrial Relations Court serves as the final resolution step, involving filing a lawsuit and examination procedures in the local court
Co-Authors Adnan, Ali Aisyah Aisyah Ali Adnan Arditha Anggraeni, Ajeng Hanum Aruan, Anri Penataran Azizan Khair Christina Karo Karo Derisman Zebua Desnico Parhusip Dicky Alfredo Ginting Efendi, Stanley A. Elvira Fitryani Pakpahan Geraldine, Ananda Gideon Gultom, Sanjaya Iin Hotprinauli Purba Iwan Setyawan Kaur, Pawiter Dinsha Kelly Kelly Kelly Kelly Keren Trifena Ompusunggu Khair, Azizan Maharani Maharani, Maharani Malau, Steven Canisius Marlina Elisabeth Pakpahan Mashita Margaretha Manurung Mazmur Septian Rumapea Monica Monica, Monica MUHAMMAD ALI ADNAN Muhammad Arif Prasetyo Nainggolan, Samuel Natal, Inson Putra Noor, Tajuddin O.K. Isnainu Puspita Grace Angelia Lumbantobing Rodiatun Adawiyah Ronal Pranata Manullang Ruben Rezeky Sianturi Santo Satria Simanjuntak Siburian, Sukses M P Simarmata, Lucky Every Sinambela, Jamalum Siringo Ringo, Gideon Sitompul, Aryo Stanley A. Efendi Suhaila Zulkifli Tajuddin Noor Tajuddin Noor Tajuddin Noor Tarigan, Erlangga P Suranta Widodo Ramadhana Yanti Agustina Manik Zendrato, Rizaldo zulkifli, suhaila zulkifli