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All Journal Yustisia Jurnal Privat Law Jurnal Hukum dan Pembangunan Ekonomi Privat Law Journal of Law Science Jurnal Mantik Enrichment : Journal of Management INFOKUM Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Fox Justi : Jurnal Ilmu Hukum Jurnal Multidisiplin Sahombu Rechtsvinding
Sufmi Dasco Ahmad
Universitas Pakuan
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PERANAN OTORITAS JASA KEUANGAN DALAM PENANGGULANGAN INVESTASI ILEGAL DI INDONESIA Ahmad, Sufmi Dasco
Jurnal Privat Law Vol 6, No 1 (2018): JANUARI-JUNI
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v6i1.19218

Abstract

AbstractThe purpose of this research is to determine the role of Financial Services Authority (OJK) in tackling illegal investments in Indonesia, because the rise of Illegal Investment in Indonesia would harm some parties, especially people who fall into that investment. The method used in this research is normative. Sources and types of Legal Materials are primary legal materials in the form of legislation (OJK Law, Consumer Protection Law and related regulations) and secondary legal materials in the form of books and journals related to Illegal Investment and OJK. The results show that the Financial Services Authority has the legal protection authority for the people based on Articles 28, 29 and 30 of Law No. 21 of 2011 on the Financial Services Authority by educating the public, providing customer complaints facilities, and handling illegal investment by revoking business license, or indemnification and or filing a lawsuit to the court. In addition to preventing the existence of illegal investments the Financial Services Authority issues regulations relating to the prevention of illegal investments such as the Financial Services Authority Regulation Number 1 / POJK.07 / 2013 on Consumer Protection in the Financial Services Sector. The Financial Services Authority also creates an alert investment task force tasked with overseeing investments, particularly unclear investments such as illegal investments.Keywords: Financial Services Authority, Countermeasures, Illegal Investment AbstrakTujuan penelitian ini adalah untuk mengetahui peranan Otoritas Jasa Keuangan dalam menanggulangi investasi illegal di Indonesia, karena maraknya Investasi Ilegal di Indonesia tentu merugikan beberapa pihak, khususnya orang yang terjerumus dalam investasi tersebut. Metode yang digunakan di dalam penelitian ini adalah normatif. Sumber dan Jenis Bahan Hukum adalah bahan hukum primer berupa peraturan perundang-undangan (UU OJK, UU Perlindungan Konsumen dan peraturan terkait) dan bahan hukum sekunder berupa buku-buku dan jurnal yang berkaitan dengan Investasi Ilegal dan OJK. Hasil penelitian menunjukkan bahwa Otoritas Jasa Keuangan memiliki kewenangan perlindungan hukum bagi masyarakat berdasarkan pada Pasal 28, 29, dan 30 Undang-Undang No 21 Tahun 2011 Tentang Otoritas Jasa Keuangan dengan melakukan edukasi kepada masyarakat, memberikan fasilitas pengaduan nasabah, serta menangani investasi illegal dengan mencabut izin usaha, atau ganti rugi dan atau mengajukan gugatan ke pengadilan. Disamping itu dalam hal mencegah adanya investasi ilegal Otoritas Jasa Keuangan mengeluarkan regulasi-regulasi yang berkaitan terhadap penanggulangan investasi ilegal seperti Peraturan Otoritas Jasa Keuangan Nomor 1/POJK.07/2013 tentang Perlindungan Konsumen Sektor Jasa Keuangan. Otoritas Jasa Keuangan juga membuat satgas waspada investasi yang bertugas untuk mengawasi Investasi, khususnya investasi yang tidak jelas seperti investasi ilegal.Kata Kunci : Otoritas Jasa Keuangan, Penanggulangan, Investasi Ilegal
RULE OF REASON AND PER SE ILLEGAL APPROACHES IN ENFORCING THE BUSINESS COMPETITION LAW Sufmi Dasco Ahmad
Yustisia Vol 6, No 3: December 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i3.15020

Abstract

AbstractThis article aimed to find out and to give solution to the application of rule of reason and per se illegal approaches in solving the case of monopoly infringement and unfair  business competition. This study was a doctrinal research with evaluative research form. The analysis used was deductive logic one. Per se illegal approach used by KPPU in making decision was based on deliberation and focused more on business behavior than on market situation. This rule of reason approach was an approach constructed based on an assumption that the high sale concentration in the presence of certain agreement between some business performers tend to result in substantial economic efficiency. Essentially, this rule of reason approach considered its economic benefit more than imposed restriction (prohibition). Standard rule of reason allows for the consideration of competitive factors and the determination of the feasibility of trading constraint. The recommendation of research was that: The use per se illegal and/or rule of reason in KPPU’s verdict should build on the objective of the development of Law No.5 of 1999, particularly the provision of Article 3, thereby can realize conducive business climate in the certainty of equal business opportunity for large, medium, and small scale employers, and the achievement of effective and efficient business activity. The application of per se illegal or rule of reason approaches in KPPU’s verdict was possible through the use of two approaches all at once, recalling very extreme difference of per se illegal and the rule of reason, and furthermore, most KPPU’s decision put its position between the two perspectives.Keywords : Per Se Illegal, the Rule of Reason, Monopoly, Unfair Business Competition
Operator University Termination Of Broadcasting: Legal Analysis Of Broadcasting Consumer Law Sufmi Dasco Ahmad
INFOKUM Vol. 10 No. 1 (2021): Desember, Data Mining, Image Processing, and artificial intelligence
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (532.951 KB)

Abstract

Indonesia is a country that has a very wide sovereign area consisting of islands, therefore in the current era to be able to communicate and transact there are also various media options, one of which is through the means of communication and information technology media because of its convenience, it is increasingly in demand by the public. public. The purpose of this study to determine the legal protection of consumers in the use of pay television based on the consumer protection law. To find out legal remedies against subscription television operators for unilateral termination of broadcasts against their consumers. The approach method used in this research is a normative juridical approach. To approach the problem in this research, the research specification is descriptive-analytical. Data collection techniques through library research (library research) to obtain secondary data. The data analysis used in this research is qualitative. The results of the study indicate that (1) Legal protection for consumers in unilaterally stopping broadcasts by pay television operators is not in accordance with the Consumer Protection Act, there are still many consumer rights that are violated by business actors, as contained in consumer agreements with business actors. and Article 4 of Law Number 8 of 1999 concerning Consumer Protection. (2) Legal remedies that can be taken by consumers regarding the unilateral termination of broadcasting by pay television operators, namely consumers can file a lawsuit against Astro on the basis of acts against the law as regulated in Article 1365 of the Civil Code and acts of Default as regulated in Article 1243 Civil Code, because Astro has violated consumer rights as stipulated in the Consumer Protection Act. It is recommended that consumers be able to resolve disputes with the National Consumer Protection Agency, and can be a bridge for consumer negotiations with business actors in order to get solutions to solving existing problems. It is hoped that the government's participation in issuing policies related to consumer protection will improve the function of consumer protection institutions to provide consumer education.
PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016 Sufmi Dasco Ahmad
Fox Justi : Jurnal Ilmu Hukum Vol. 12 No. 1 (2021): Fox justi : Jurnal Ilmu Hukum, July 2021
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/justi.v12i1.187

Abstract

The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.
Juridical Overview of the Parole Process For 1/2 (Half) Period of Imprisonment in the Fulfillment of the Rights of Students Sufmi Dasco Ahmad
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4649

Abstract

One of the rights of children who are undergoing a criminal period is to obtain parole 1/2 (half) of the criminal period. The implementation process at the Bandung Class II Special Child Development Institute is still relatively new (in 2017). Therefore, various problems are encountered in its implementation. The purpose of this study is to find out (1) what are the obstacles in the process of implementing parole 1/2 (half) of the criminal period for students in LPKA Class II Bandung. (2) To find out how to overcome the obstacles that arise in the implementation of parole 1/2 (half) of the criminal period in LPKA Class II Bandung. The method used in this research is descriptive analytical with a normative juridical approach. Data collection techniques through literature review are complemented by field studies through interviews with certain parties. The data analysis was carried out qualitatively and the results of the study concluded that the obstacles faced in the implementation of the granting of parole related to various things (1) the students had never been visited by their families, as a result the background of the child was unknown, and the students did not want to take part in the release program. In addition, the community does not want to accept children back into their midst because they are worried about the repetition of crimes, also the process of applying for parole is rather complicated and takes a long time because it involves various parties. (2) To overcome the obstacles that arise, a "Whatsapp group" is created as a means of communication for parents of students with LPKA Class II Bandung officers. Then activate the Correctional Guardian so that students are better monitored. Besides that, information boards are installed in strategic places, so that visiting students and parents can read the stages of the criminal period at LPKA Class II Bandung, it is recommended that socialization to parents and students about parole be simplified. In addition, the role of the correctional guardian is further enhanced.
PERLINDUNGAN HUKUM PEMEGANG SAHAM MINORITAS PERUSAHAAN TERBUKA AKIBAT PUTUSAN PAILIT Sufmi Dasco Ahmad
HUKUM PEMBANGUNAN EKONOMI Vol 6, No 1 (2018): JANUARI-JUNI
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v6i1.19136

Abstract

AbstractThe aims of this research are to know the effect of what law law is caused by bankruptcy, and to know and analyze legal protection against minority shareholder in public company due to the company decided bankrupt. This study uses normative methods by collecting and analyzing primary and secondary legal materials. The primary legal materials consist of Law Number 40 Year 2007 regarding Limited Liability Company, Law Number 37 Year 2004 regarding Bankruptcy and Postponement of Debt Payment Obligation, and Regulation of the Financial Services Authority Number 26 / POJK.04/2017 concerning Information Disclosure for Issuers Or Public Companies Invalidated for Bankruptcy Statement. Secondary Legal Material in the form of legal material related to the source of primary legal material and related to the source of the primary law. The results showed that the legal consequences for an open company or issuer that experienced a bankruptcy is the delisting or deletion of the listing of the list of shares in the stock that is due to not meet the provisions in the exchange. Legal protection of minority shareholders of an open company due to a bankruptcy decision that a minority shareholder may object to the curator's acts in accordance with the procedure in bankruptcy law, on behalf of the company (in bankruptcy), filing a lawsuit directly for and on his own behalf in case of any loss incurred itself as a shareholder of a curator who has harmed his interests.Keywords: Legal Protection, Shares, Company, BankruptcyAbstrakTujuan penelitian ini adalah untuk mengetahui akibat hukum hukum apa yang diakibatkan oleh kepailitan, serta untuk mengetahui dan menganalisis perlindungan hukum terhadap pemegang saham minoritas pada perusahaan terbuka akibat perusahaan tersebut diputus pailit. Penelitian ini menggunakan metode normatif dengan mengumpulkan dan menganalisis bahan hukum primer dan sekunder. Bahan hukum primer terdiri dari Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas, Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang, dan Peraturan Otoritas Jasa Keuangan Nomor 26 /POJK.04/2017 tentang Keterbukaan Informasi Bagi Emiten Atau Perusahaan Publik Yang Dimohonkan Pernyataan Pailit. Bahan Hukum Sekunder berupa bahan hukum yang berhubungan dengan sumber bahan hukum primer dan berkaitan dengan sumber hukum primer tersebut. Hasil penelitian menunjukkan bahwa akibat hukum bagi perusahaan terbuka atau emiten yang mengalami pailit adalah adanya delisting atau penghapusan pencatatan dari daftar saham di bursa yang dikarenakan tidak memenuhi ketentuan-ketentuan di bursa tersebut. Perlindungan hukum pemegang saham minoritas perusahaan terbuka akibat putusan pailit yaitu pemegang saham minoritas dapat mengajukan keberatan atas tindakan kurator sesuai prosedur dalam hukum pailit, dengan mengatasnamakan perusahaan (dalam pailit), mengajukan gugatan langsung untuk dan atas nama dirinya sendiri jika ada kerugian yang terjadi atas dirinya sendiri sebagai pemegang saham terhadap kurator yang telah merugikan kepentingannya.Kata Kunci: Perlindungan Hukum, Saham, Perusahaan, Pailit
PERANAN OTORITAS JASA KEUANGAN DALAM PENANGGULANGAN INVESTASI ILEGAL DI INDONESIA Sufmi Dasco Ahmad
Jurnal Privat Law Vol 6, No 1 (2018): JANUARI-JUNI
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v6i1.19218

Abstract

AbstractThe purpose of this research is to determine the role of Financial Services Authority (OJK) in tackling illegal investments in Indonesia, because the rise of Illegal Investment in Indonesia would harm some parties, especially people who fall into that investment. The method used in this research is normative. Sources and types of Legal Materials are primary legal materials in the form of legislation (OJK Law, Consumer Protection Law and related regulations) and secondary legal materials in the form of books and journals related to Illegal Investment and OJK. The results show that the Financial Services Authority has the legal protection authority for the people based on Articles 28, 29 and 30 of Law No. 21 of 2011 on the Financial Services Authority by educating the public, providing customer complaints facilities, and handling illegal investment by revoking business license, or indemnification and or filing a lawsuit to the court. In addition to preventing the existence of illegal investments the Financial Services Authority issues regulations relating to the prevention of illegal investments such as the Financial Services Authority Regulation Number 1 / POJK.07 / 2013 on Consumer Protection in the Financial Services Sector. The Financial Services Authority also creates an alert investment task force tasked with overseeing investments, particularly unclear investments such as illegal investments.Keywords: Financial Services Authority, Countermeasures, Illegal Investment AbstrakTujuan penelitian ini adalah untuk mengetahui peranan Otoritas Jasa Keuangan dalam menanggulangi investasi illegal di Indonesia, karena maraknya Investasi Ilegal di Indonesia tentu merugikan beberapa pihak, khususnya orang yang terjerumus dalam investasi tersebut. Metode yang digunakan di dalam penelitian ini adalah normatif. Sumber dan Jenis Bahan Hukum adalah bahan hukum primer berupa peraturan perundang-undangan (UU OJK, UU Perlindungan Konsumen dan peraturan terkait) dan bahan hukum sekunder berupa buku-buku dan jurnal yang berkaitan dengan Investasi Ilegal dan OJK. Hasil penelitian menunjukkan bahwa Otoritas Jasa Keuangan memiliki kewenangan perlindungan hukum bagi masyarakat berdasarkan pada Pasal 28, 29, dan 30 Undang-Undang No 21 Tahun 2011 Tentang Otoritas Jasa Keuangan dengan melakukan edukasi kepada masyarakat, memberikan fasilitas pengaduan nasabah, serta menangani investasi illegal dengan mencabut izin usaha, atau ganti rugi dan atau mengajukan gugatan ke pengadilan. Disamping itu dalam hal mencegah adanya investasi ilegal Otoritas Jasa Keuangan mengeluarkan regulasi-regulasi yang berkaitan terhadap penanggulangan investasi ilegal seperti Peraturan Otoritas Jasa Keuangan Nomor 1/POJK.07/2013 tentang Perlindungan Konsumen Sektor Jasa Keuangan. Otoritas Jasa Keuangan juga membuat satgas waspada investasi yang bertugas untuk mengawasi Investasi, khususnya investasi yang tidak jelas seperti investasi ilegal.Kata Kunci : Otoritas Jasa Keuangan, Penanggulangan, Investasi Ilegal
Legal Review on Military Criminal Acts in Peaceful Time Done Repeatly According to the KUHPM and KUHP Based on Military Court Decision II-09 Bandung Number: PUT/067-K/PM-II-09/AD/III/2012 Sufmi Dasco Ahmad
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 (634.949 KB) | DOI: 10.35335/legal.v11i2.203

Abstract

This study aims to determine the military crime of dissertation based on the decision of the military court of Bandung City. The settlement process for desertion crimes committed by members of the Indonesian National Armed Forces basically includes the Military Court, the High Military Court, the Main Military Court, and the Military Combat Court (Article 31 of Law Number 31 of 1997). The Military Court, like other judicial bodies, also leads to the Supreme Court as the highest court in Indonesia. This research was taken with a descriptive method, meaning that it aims to describe in full the characteristics and circumstances, personal and group behavior by separating the data that has been collected according to their respective categories, to be interpreted in an effort to answer problems in writing. So the results of this study explain that, according to the Law of the Republic of Indonesia Number 25 of 2014 concerning Military Disciplinary Law, Article 8 CHAPTER V entitled Military Disciplinary Law and Military Disciplinary Punishment explains that several types of Military Disciplinary Punishment Violations have been published by the government Indonesia consists of all acts that are contrary to official orders, official regulations, or actions that are not in accordance with military rules and acts that violate criminal laws and regulations of such a light nature. In addition, judges at the Military Court are appointed and dismissed by the President as Head of State at the suggestion of the Commander in Chief and based on the approval of the Chief Justice of the Supreme Court. For this reason, before taking office, judges are required to take an oath or promise according to their respective religions. According to Article 23 of Law Number 31 of 1997, the power of the Military Court is to examine and decide at the first instance a criminal offense in which the defendant is a soldier with the rank of Captain and below, a member of a group or service or agency or who is equal or considered a soldier based on the law. The rank of Captain and below and a person who is not the same as a soldier or member of a group or service or agency that is not equal is not considered a soldier under the law which must be tried by the Military Court.
Settlement of Violations of the Professional Code of Conduct of the West Java Regional Police in Connection With Regulations of The Head of The State Police of The Republic of Indonesia Sufmi Dasco Ahmad
Journal of Law Science Vol. 4 No. 2 (2022): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The purpose of writing this thesis is to find out the resolution of violations of the West Java Regional Police Professional Code of Ethics based on the Regulation of the Chief of the Indonesian National Police Number 14 of 2011 concerning the Code of Ethics. Police Profession, and to find out the application of sanctions for violating the Police Code of Ethics Based on the Regulation of the Chief of the Police of the Republic of Indonesia Number 14 of 2011 concerning the Code of Ethics of the Police Profession. The approach method used in this study is a normative juridical approach, namely legal research carried out by examining library materials or secondary data as the basic material to be studied by conducting a search on regulations and literature related to the problems studied. The results of the study illustrate that the resolution of violations of the Police Professional Code of Ethics is carried out if there are reports or complaints submitted by the public, members of the National Police or other sources that can be accounted for, which are submitted to the Propam function bearers at every level of the Polri organization, then a preliminary examination is carried out, a trial is carried out to examine members of the National Police who are suspected of violating the Police Professional Code of Ethics for a final decision, and if it is proven that there has been a violation of the Police Code of Ethics, sanctions will be imposed. The sanctions for violations of the Police Professional Code of Ethics are regulated in Article 21 of the Regulation of the Head of the State Police of the Republic of Indonesia Number 14 of 2011 concerning the Professional Code of Ethics of the Republic of Indonesia Police, that for Police Members who are found to have violated the Police Professional Code of Ethics will be subject to sanctions in the form of disciplinary action and/or or disciplinary punishment, administrative sanctions or dishonorable discharge (PTDH) as members of the National Police.
Juridical Review On Administrative Law And E-Ktp Implementation Practices At The District Level In Connection With Law Number 23 Of 2006 Sufmi Dasco Ahmad
Jurnal Mantik Vol. 5 No. 2 (2021): Augustus: Manajemen, Teknologi Informatika dan Komunikasi (Mantik)
Publisher : Institute of Computer Science (IOCS)

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Abstract

Public service is a strategic point in the development of good governance. One of the tasks of the government is the service of making identity cards (KTP) and in its implementation it is closely related to the rights of every Indonesian citizen. As stated by Masrin, one of the general tasks of government is the population administration system, which in its implementation is closely related to civil rights or civil rights of the population. This research is descriptive analytical research, namely research that conveys an overview of the existing facts supported by applicable and applied provisions. The method used is the Normative Juridical Approach Method, namely the Legal Research Method of Library/Secondary Data. In this study using a qualitative method which aims that the existing data is then analyzed qualitatively based on the existing statutory regulations as Positive Legal Norms so that it does not use numbers or formulas and statistics. Gradually improving the population administration management system is always being improved, in order to avoid deviations in which the government has implemented a method, namely the Population Administration Information System (SIAK), the implementation of the Population Administration System (SIAK) which requires a National Population Identification Number (NIK) nationally, with the issuance of a National Population Registration Number. Each person's National Identity Number (NIK) will not be the same until the holder of the Population Identification Number (NIK) dies. It is hoped that the Population and Civil Registry Office will continue to improve and optimize evenly and overall, related to the communication system carried out, human resources, disposition and bureaucratic structure so that the administration of population administration can be more effective and equitable at various levels of society in the future.
Co-Authors Agus Satory Yazdi, Ahmad