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Legal Protection For The Sustainability Of MSMEs Due To The Medan City Drainage Project Atika Sunarto; Steven Canisius Malau; Monica Monica; Ananda Geraldine; Muhammad Ali Adnan
Eduvest - Journal of Universal Studies Vol. 4 No. 8 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i8.1568

Abstract

Drainage is a construction that becomes a medium for flowing water from one point to another which is considered very important to help the process of flowing water such as rainfall, so that puddles or flooding do not occur. In residential areas, drainage plays a role as a sanitation facility to avoid standing water which can disrupt environmental comfort and health, and functions to prevent flooding. MSMEs are regulated based on PP Number 7 of 2021 concerning Convenience, Protection, Empowerment of Cooperatives and MSMEs. Micro businesses are productive businesses owned by individuals or individual business entities that comply with the criteria set out in the law. Micro, Small and Medium Enterprises (MSMEs) play a significant role in Indonesia's economic development and are considered the main driver of the economy in a region. The high growth of MSMEs is certainly very encouraging because it can also reduce the unemployment rate. based on Medan Mayor Regulation No. 9 of 2009 concerning the Prohibition of Building Buildings Above Drainage Channels. Legal protection is an effort to provide protection for human rights that are harmed by other parties, as well as providing protection to the community so that they can enjoy all the rights regulated by law. In other words, legal protection includes various actions that must be taken by law enforcement officials to provide a sense of security, both mentally and physically, from interference and threats from anywhere.
Corporate Social Responsibility Law and the Prevention of MSMEs Bankruptcy in the Digital Era Atika Sunarto; Nestiani Gulo; Putri Anggraini; Muhammad Ali Adnan
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.21-35

Abstract

The digital era poses bankruptcy risks for MSMEs in Medan City due to low digital literacy, weak financial management, and limited market access. Corporate Social Responsibility (CSR) implemented by Bank Sumut Berkah plays a strategic role in preventing bankruptcy and enhancing the competitiveness of MSMEs. This study analyzes the implementation of CSR, the challenges encountered, and the impact of the program on business resilience in the digital era using a normative juridical method through literature review, policy document analysis, and semi-structured interviews. The findings indicate that the implementation of Corporate Social Responsibility by Bank Sumut Berkah significantly contributes to improving managerial capacity, financial literacy, business digitalization, and market access for Micro, Small, and Medium Enterprises. The program is able to reduce bankruptcy risk and strengthen business competitiveness in the digital era. The main challenges identified include limited understanding of digital technology, the short duration of mentoring, and uneven access to program information. Therefore, continuous assistance, broader program dissemination, and the establishment of business networks or communities are necessary to enhance program effectiveness.
Position of Creditors After the Verdict of Bankruptcy Statement According to Law Number 37 of 2004 concerning Bankruptcy and PKPU: Kedudukan Kreditur Pasca Putusan Pernyataan Pailit menurut Undang Undang Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU Suhaila Zlkifli; Atika Sunarto; Muhammad Ali Adnan
Al-Mahkamah: Jurnal Hukum, Politik dan Pemerintahan Vol 1 No 1 (2024): April
Publisher : PT Syamilah Literasi Islami

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Abstract

The term "bankruptcy" is basically a matter, where the condition of the debtor (the debtor) who stops paying or does not pay his debts to the creditor (the party who gives the debt). Stopping paying does not mean not paying at all, but for some reason the payment of the debt is not working properly, so if the debtor files for bankruptcy, the debtor cannot pay his debts or has no more income for his company to make debt payments. This paper will discuss the position of creditors against debtors related to bankruptcy. The author finds that what regulates the position of creditors in bankruptcy is not only the UUKPKPU (Bankruptcy Law & Suspension of Debt Payment Obligations), but also the Civil Code (Burgerlijk Wetboek). This arrangement has several problems, namely the lack of clarity and incoherence in the laws and regulations. As a result, in practice the position of creditors becomes very weak. Creditors are divided into three, namely, concurrent creditors, separatist creditors, and preferred creditors. In relation to legal culture, law enforcers have recognized that the position of creditors in bankruptcy depends on the judge's decision and if the judge's decision is not in favor of creditors, this makes people prefer to resolve disputes through ways other than bankruptcy. Therefore the UUKPKPU (Bankruptcy Law & Suspension of Debt Payment Obligations) needs to clearly regulate the position of creditors.
Legal Protection for MSMEs Against Fictitious Orders in ShopeeFood Atika Sunarto; Ruth Amanda Sinaremare; Selvina Siahaan; Muhammad Ali Adnan
JURNAL USM LAW REVIEW Vol. 9 No. 3 (2026): SEPTEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i3.14345

Abstract

This study examines the legal protection of Micro, Small, and Medium Enterprises (MSMEs) against fictitious orders on the ShopeeFood platform, particularly within Cash on Delivery (COD) transactions that generate financial losses for merchants. The research employs a normative-empirical juridical method using statutory, conceptual, and case approaches supported by interviews with MSME actors in Medan City and analyses of relevant legal regulations and platform policies. The findings reveal that fictitious orders constitute a form of consumer default and, in certain circumstances, may also fulfill the elements of unlawful acts in electronic transactions because consumers intentionally fail to receive and pay for ordered goods. Although legal protection is normatively available through the Civil Code, Consumer Protection Law, and Electronic Information and Transactions Law, its implementation remains ineffective due to weak consumer verification systems, limited access to electronic evidence, unclear platform liability standards, and inadequate compensation mechanisms. The study further demonstrates that digital platforms cannot merely be regarded as passive intermediaries because they exercise substantial control over transaction systems, user data, payment mechanisms, and dispute resolution procedures. The novelty of this research lies in its integrative analysis of the relationship between consumer default, platform accountability, and MSME protection within app-based food delivery ecosystems through a combined normative and empirical approach. This study contributes theoretically to the development of digital commerce liability discourse and practically proposes a regulatory framework emphasizing stronger platform accountability, technology-based fraud prevention, mandatory user verification, merchant compensation mechanisms, and accessible online dispute resolution systems to strengthen legal certainty and substantive protection for MSMEs in Indonesia’s digital economy.
Perlindungan Hukum terhadap Usaha Kecil dan Menengah dari Praktik Bisnis Tidak Adil Berbasis Kepastian Hukum Atika Sunarto; Muhammad Ali Adnan; Azizan Khair
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2206

Abstract

This study examines legal protection for Small and Medium Enterprises (SMEs) against unfair business practices based on legal certainty. The legal issue concerns the adequacy and clarity of competition law norms when applied to digital markets, particularly algorithmic control, data dominance, platform discrimination, and abuse of dominant position. This is normative juridical research using statutory and conceptual approaches. Primary and secondary legal materials were collected through library and document studies and analyzed qualitatively and prescriptively using the theory of legal certainty. The study finds that Law Number 5 of 1999 provides a legal basis for protection through prohibitions on monopolies, cartels, market control, discrimination, and abuse of dominant position. However, the characteristics of digital markets create normative ambiguity because operational parameters concerning data- and algorithm-based dominance, ranking discrimination, and platform control over SMEs' market access remain insufficiently defined. Strengthening legal protection therefore requires more adaptive and measurable regulation, stronger supervisory capacity of the Business Competition Supervisory Commission (KPPU), and improved legal and digital literacy among SMEs to ensure legal certainty and fairer competition.