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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

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 InvestmentÂ 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

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)

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

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

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.

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

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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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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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.

Juridic Review Concerning Supervision of Financial Services Authorities in Insurance Companies Based on Law Number 40 of 2014 Concerning Insurance Sufmi Dasco Ahmad
Enrichment : Journal of Management Vol. 12 No. 2 (2022): Management Science and Field
Publisher : Institute of Computer Science (IOCS)

The development of the insurance business in Indonesia is growing rapidly along with the increasing number of people who want to transfer the risks they will face to the insurance company. Risk in insurance is the uncertainty of the occurrence of an event that can cause economic losses. There are many changes in the Insurance Law, one of which is about regulation and supervision. The regulation and supervision in the old law was carried out by the Ministry of Finance, while the new law was supervised by the OJK. The Financial Services Authority carries out supervision so that non-bank financial service institutions fulfill their promises to customers. In order to achieve this goal, a supervisory system is needed that can provide an early indication of the potential failure of non-bank financial services institutions. 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 to obtain primary data to support secondary data. Data analysis was carried out qualitatively. The results of the study state that the Financial Services Authority can take necessary actions including appointing a statutory manager, the appointment is made if the management of the insurance company is considered detrimental to consumers so that management is needed that can represent the interests of OJK and consumers. One of the tasks of the statutory manager is to save the wealth of the insurance company. Supervision is carried out periodically and/or at any time. The scope of OJK supervision is all aspects of the insurance business operator or certain aspects of the insurance business activity. As for some suggestions that the author would like to convey is that OJK is expected to conduct socialization to the public in general and insurance companies in particular. It is intended that the public and insurance companies understand the functions and duties of statutory managers. Weak supervision in the insurance sector caused by a lack of supervisory staff at the OJK institution, so that OJK often misses the point in conducting supervision. So that the OJK does not fall short in supervising, the OJK should improve its performance by adding more supervisors for the insurance industry. This is intended so that no insurance company commits fraud that results in harming the community.

JURIDIC REVIEW CONCERNING OBLIGATIONS TO PROVIDE FOOD SAFETY GUARANTEE BY BUSINESSES TO CONSUMERS BASED ON LAW NUMBER 18 YEAR 2012 CONCERNING CONSUMER PROTECTION Sufmi Dasco Ahmad
Jurnal Multidisiplin Sahombu Vol. 1 No. 01 (2021): Jurnal Multidisiplin Sahombu, July 2021
Publisher : Sean Institute

Food is the most important basic human need and its fulfillment is part of human rights guaranteed in the 1945 Constitution of the Republic of Indonesia. Food must always be safe. Food safety is a very important aspect in everyday life. Lack of attention to this, has often resulted in a detrimental impact on consumers. In relation to this food safety issue, Indonesia already has a legal basis that regulates it, namely Law Number 18 of 2012 concerning Food, and Law Number 8 of 1999 concerning Consumer Protection, which requires business actors to ensure food safety so as not to cause harm. for consumers. Based on this background, several problems are examined in this thesis, namely: 1. What is the obligation to provide food safety guarantees by business actors to consumers based on Law Number 18 of 2012 concerning Food in conjunction with Law Number 8 of 1999 concerning Consumer Protection ? and 2. What is the responsibility of business actors who do not provide food safety guarantees based on Law Number 18 of 2012 concerning Food in conjunction with Law Number 8 of 1999 concerning Consumer Protection? This research is a normative legal research, because it is conducted by examining secondary data, so that the research specification used is descriptive analytical, with a normative juridical approach, namely research conducted by examining secondary data. The secondary data was obtained by means of a literature study, then to draw conclusions from the research results, a qualitative juridical analysis was used. This study resulted in the following conclusions: 1. The obligation to provide food safety guarantees by business actors to consumers based on Law Number 18 of 2012 concerning Food in conjunction with Law Number 8 of 1999 concerning Consumer Protection has not been carried out optimally by business actors, so it has not been implemented optimally by business actors. sufficient to provide protection for consumers, due to the fact that there are still cases of food distribution that do not meet food safety standards, thereby harming consumers; and 2. Business actors who do not provide food safety guarantees based on Law Number 18 of 2012 in conjunction with Law Number 8 of 1999, are not only responsible for providing compensation for losses to consumers, but also may be subject to administrative sanctions and criminal sanctions. however, the sanctions as regulated in Law Number 18 of 2012, as well as Law Number 8 of 1999 in its implementation have not been fully implemented firmly, due to the fact that there are still cases of food distribution that do not meet food safety standards, thus harming consumers.

Expansion of Legal Measures Beyond Article 77 of The Criminal Code Concerning Pretrial and Constitutional Court Decision No. 76/PUU-XII/2014: Case Study No. 16/PDT. G/2022/PN. CBD Yazdi, Ahmad; Ahmad, Sufmi Dasco; Satory, Agus
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1025

This research discusses the expansion of legal remedies beyond Article 77 of the Indonesian Criminal Procedure Code (KUHAP) concerning pretrial mechanisms, focusing on the application of Constitutional Court Decision No. 76/PUU-XII/2014 in the context of civil tort claims (Perbuatan Melawan Hukum). The case study involves Case No. 16/Pdt.G/2022/PN.Cbd at the Cibadak District Court. Using a normative juridical and case study approach, the study analyzes primary legal documents, statutory regulations, and judicial decisions. Findings indicate that the investigator's summons without gubernatorial approval violated procedural legality and constitutional protection principles. Furthermore, premature media exposure of the plaintiff's identity contravened the presumption of innocence and caused immaterial harm not remediable through pretrial mechanisms. Thus, the tort lawsuit serves as a complementary alternative to pretrial review, reinforcing comprehensive legal protection for constitutional rights and personal reputation.

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