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All Journal Yustisia Jurnal Privat Law Jurnal Akta 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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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)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (861.406 KB) | DOI: 10.35335/enrichment.v12i2.445

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (801.643 KB) | DOI: 10.58471/jms.v1i01.186

Abstract

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

Abstract

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.
Fiduciary Guarantee Registration Implementation Through Electronic (Online System) in Indonesia Satory, Agus; Ahmad, Sufmi Dasco; Nugraha, Roby Satya
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41689

Abstract

The aim of this research is to analyze the implementation of electronic fiduciary registration in Indonesia and to analyze the factors that support and hinder the implementation of electronic fiduciary registration. The research methods taken in this study is a normative juridical approach supported by empirical data. Fiduciary as a guarantee institution is regulated in Law No. 42 of 1999 concerning Fiduciary Guarantees and followed up with Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Guarantee Deeds. Fiduciary registration cannot be separated from fiduciary collateral because fiduciary registration results in guaranteed legal certainty for creditors and interested parties. However, until now there are still many fiduciary guarantees that are not registered because many things have become obstacles in the registration process for fiduciary guarantees. To overcome the obstacles that occur in daily practice both those that occur in bank financing institutions and non-bank financing institutions (leasing) and notaries in registration of fiduciary guarantees, then the government made a new breakthrough by increasing the service of registration of fiduciary guarantees easily, quickly, and at low cost, namely by conducting electronic fiduciary registration services.
Consumer Dispute Resolution in the Financial Services Sector in Indonesia Satory, Agus; Ahmad, Sufmi Dasco; Nugraha, Roby Satya
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50489

Abstract

The purpose of this study is to analyze the model of consumer dispute resolution in the financial services sector in Indonesia. The research method used in this study is a normative juridical approach supported by empirical data. Consumer disputes can be resolved through the courts or out of court based on the voluntary choice of the disputing parties. This means that consumers are given the freedom to claim their rights if they are harmed by business actors, either through litigation or non-litigation channels. Thus, consumers in the financial services sector who have been harmed can choose from the current models of consumer dispute resolution in the financial services sector, namely litigation through breach of contract suits, unlawful act suits, class actions, legal standing, and small claims courts. Meanwhile, non-litigation can be pursued through BPSK, LAPS SJK, or LAPS SK. The use of the small claims court mechanism as one of the models for resolving consumer disputes in the financial services sector through litigation in court can be empowered, and the process of resolving consumer disputes through non-litigation via BPSK can be carried out in stages.
Co-Authors Agus Satory Roby Satya Nugraha Yazdi, Ahmad