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TINJAUAN YURIDIS PENJATUHAN HUKUMAN TERHADAP TERDAKWA YANG SUDAH DITAHAN Siregar, Ria Juliana
LEX CRIMEN Vol 3, No 1 (2014): Lex Crimen
Publisher : LEX CRIMEN

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Abstract

Tujuan dilakukannya penelitian ini adalah untuk mengetahui bagaimana syarat-syarat untuk dilakukan penahanan kepada seorang Tersangka/Terdakwa menurut KUHAP dan bagaimana perlindungan hukum bagi terdakwa yang telah dijatuhi pidana bersyarat. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian hukum normatif dan dapat disimpulkan: 1. Seorang pelaku tindak pidana dapat dikenakan tindakan penahanan hanya jika terdapat bukti yang cukup dan jika terdapat keadaan yang menimbulkan kekhawatiran bahwa tersangka atau terdakwa akan melarikan diri, merusak atau menghilangkan barang bukti dan atau mengulangi tindak pidana. 2. Perlindungan hukum bagi pidana bersyarat dapat diberikan suatu kesempatan bagi tersangka/terdakwa melakukan suatu tindak pidana di luar penahanan, agar tidak merampas hak kemerdekaannya, namun hal demikian haruslah mempunyai persetujuan terhadap Hakim yang memutuskan masalah tersebut. Kata kunci: Penjatuhan hukuman, terdakwa
Implementation of Corporate Social Responsibility as a Legal Mandatory in Indonesia (Case Study of PT AFC Indonesia) Irfandy H Simanungkalit; Martono Anggusti; Ria Juliana Siregar
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1164

Abstract

This study examines PT AFC Indonesia and how companies should implement Corporate Social Responsibility (CSR) as a legal mandatory in Indonesia. Law No. 40 of 2007 regulates CSR as a moral responsibility. The purpose of this study is to evaluate how PT AFC Indonesia implements CSR and make recommendations for other companies. A qualitative method was used, which was used to analyze documents and interviews. The results show that PT AFC Indonesia improves the quality of life of the community through CSR programs that improve health services, clean water supply, and educational support. The conclusion is that this CSR implementation enhances the company's reputation and supports sustainable development in Indonesia.
Legal Protection of Consumers (Heirs) for Rejection of Life Insurance Claims (Case Study of Supreme Court Decision No. 241 PK/Pdt/2011) Edgar Thomas Butar-butar; Janpatar Simamora; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13651

Abstract

Life insurance is an agreement that binds the insurer and the insured to provide protection against risks that may occur, such as death. This study discussthe procedure for claiming life insurance and legal protection for consumers, especially heirs, in the context of Supreme Court Decision No. 241 PK/Pdt/2011. In the case, the claim filed by the heirs was rejected by PT. Sequis Life Insurance for reason that are considered invalid. This writing uses the normative juridical resaerch method, which is research conducted by researching literature and legal materials thar require secondary data as the main data. The study highlights the importance of a systematic claim procedure, which includes the collection of documents and the stages that must be followed. In addition, consumer legal protection is regulated in the Consumer Protection Act, which supports the rights of policyholders. The conclusion of the study shows that the rejection of claims that do not meet legal obligations can be detrimental to consumers, anf insurance companies must be in good faith and comply with applicable regulations to protect customer rights.
Legal Review of Settlement of Customary Land Disputes Through Mediation According to Positive Law Agnes Monika Gultom; Hisar Siregar; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13656

Abstract

Resolving customary land disputes through mediation is a relevant approach in the context of Indonesian people who have a diversity of customs and cultures. This article aims to analyze the mediation mechanism as an alternative to resolving customary land disputes within the framework of Indonesian positivist law. This study uses normative juridical methods and empirical approaches with literature and literature studies. The results of the analysis show that mediation as part of the alternative dispute resolution (ADR) system has been regulated in various laws and regulations in Indonesia, including Supreme Court Regulation No. 1 of 2016 concerning Mediation procedures in Court. In the context of customary land, mediation allows the integration of customary law values with positive law, resulting in a more accommodating and fair solution for the parties to the dispute. However, the implementation of mediation at the practical level often faces obstacles, such as differences in the interpretation of customary law and lack of understanding of mediation by the parties. Therefore, it is necessary to strengthen the capacity of mediators, clearer recognition of customary law and the national legal system, as well as harmonization between customary law and positive law to increase the effectiveness of resolving customary land disputes through mediation.
Legal Protection Efforts for Micro, Small and Medium Enterprises Against Unfair Business Competition Elsita Lumban Gaol; July Esther; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13659

Abstract

The focus of this study is the efforts made by the law to protect micro, small, and medium enterprises (MSMEs) from unfair competition. This law is regulated through Law No. 5 of 1999. Activities prohibited in business competition are the topic of this study. This study investigates the impact of unfair business competition on MSME actors, which makes the KPPU necessary to supervise business competition. The results of the study indicate that legal protection for MSMEs against unfair business competition practices is very important because these practices can affect the growth and desires of MSMEs. This finding provides insight for the government, business actors, and legal experts. The government can establish stricter laws to supervise business competition. To avoid unfair business practic
Legal Protection for Consumers for Excessive Claims in Skincare Product Contents Putri Melani Tampubolon; July Esther; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13661

Abstract

This study examines legal protection for consumers against overclaim practices in skincare product ingredients. This phenomenon is widespread in e-commerce, where consumers are often influenced by trends and fail to thoroughly examine product quality. Overclaim practices, such as listing an active ingredient percentage that does not match the actual content, have harmed consumers both financially and health-wise. This research employs a normative method with a legislative and conceptual approach, referring to Law Number 8 of 1999 on Consumer Protection and relevant BPOM (Indonesian Food and Drug Authority) regulations. The findings indicate that consumer protection encompasses fundamental rights, including accurate information and compensation for damages. Preventive measures include regulations, BPOM supervision, consumer education, and the role of institutions such as BPSK (Consumer Dispute Resolution Agency) and BPKN (National Consumer Protection Agency). Meanwhile, repressive efforts involve dispute resolution through litigation and non-litigation channels. This study highlights gaps in the effectiveness of regulations and oversight of overclaims, as well as the need for practical solutions, including more extensive consumer education.
Legal Protection of UMKM in Digital Marketing Based on Law No 20 Of 2008 and Law No 8 of 1999 Jordy William Hutagalung; Martono Anggusti; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13775

Abstract

The development of information and communication technology (ICT) has had a major impact in various fields, including in the business sector. One of the main influences is the shift towards a digital world that affects various sectors, including Micro, Small, and Medium Enterprises (MSMEs), in managing their markets through digitization. This digitalization process has made it easier for MSMEs to grow, develop, and market their products to international consumers.  MSMEs play a very important role in the Indonesian economy, contributing greatly to gross domestic product (GDP), job creation, and income generation. Various digital platforms, such as social media, e-commerce, and websites, allow MSMEs to reach consumers around the world. However, this digital transformation also brings challenges for MSMEs, such as legal issues, data privacy, and potential misuse of information. Indonesian regulations, such as Law No. 20/2008 on Micro, Small, and Medium Enterprises (UMKM Law) and Law No. 8/1999 on Consumer Protection (Consumer Protection Law), emphasize the importance of the legal system for MSMEs in the face of digital developments. These laws provide guidelines for MSMEs to operate effectively in the ever-changing digital ecosystem.
Akibat Hukum Putusnya Perkawinan Karena Perceraian Simamora, Sovia Febrina Tamaulina; Siregar, Ria Juliana; Situmorang, Samuel; Gultom, Meli Hertati
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i2.17672

Abstract

Divorce is the end of the relationship between husband and wife which is legal according to law. The termination of the marriage relationship has legal consequences for the position, rights and obligations of husband and wife and children, and is also included in joint assets. Joint property is property obtained by a husband and wife during marriage. This joint property arises from customs which are the provisions governing the husband and wife's property to be made into joint property with the aim of building a household and binding themselves to each other. This research uses normative legal research methods, namely methods that specifically reflect the identity of the legal discipline as a science. Library research takes precedence. The reason for using normative research is that this research refers to legal norms contained in laws and regulations and norms that apply and bind society. The approach used in this research is a statutory approach related to making inheritance certificates. The type of research used in this research is descriptive analytical research, where this research aims to provide a solution to problems that arise precisely and in depth.
Legal Responsibilities of Business Actors in Monopolistic Practices and Unfair Business Competition According to Law Number 5 of 1999 Prohibition of Monopolistic Practices and Unfair Business Competition Giawa, Fransisko; Nababan, Roida; Siregar, Ria Juliana
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15132

Abstract

Business competition is an economic instrument in the development of the Indonesian economic system, as evidenced by the enactment of Law Number 5 of 1999 concerning the Prohibition of Monopolies and Unfair Business Competition. The issues discussed in this study are: what forms of agreements are prohibited in business competition activities according to Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and what are the responsibilities of business actors involved in cases of monopolistic practices and unfair business competition according to Law Number 5 of 1999 concerning the Prohibition of Unfair Business Competition. The data collection method in this study was conducted through library research and document review. This involved collecting legal materials through journals, legal research results, and various official institutional documents such as laws and regulations, court circulars, and other literature relevant to the research problem.
Legal Responsibility of the Trade Office for Defaulting on Contract Workers in the Construction of the Dakopamean People's Market (Study of Decision Number 7/Pdt.G/2022/PN Tli) Sianturi, Andre Ferdy; Simamora, Janpatar; Siregar, Ria Juliana
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15346

Abstract

This writing aims to delve into the legal responsibility in breach of contract disputes. Breach of contract refers to the inability of an individual or a party to fulfill obligations based on a prior agreement. In a breach of contract case, legal responsibility is an obligation imposed on a party as a form of accountability for the violation committed. This study also focuses on the basis of assessment used by law enforcers, namely the panel of judges, in deciding a breach of contract dispute involving the Department of Trade, which failed to fulfill its obligations to a contract worker in the construction of the Dakopamean Public Market, based on Decision Number 7/Pdt.G/2022/PN Tli, and the form of legal responsibility of the Department of Trade for the breach of contract in the construction project of the Dakopamean Public Market. This writing also emphasizes a normative legal research method of a descriptive nature, in which the results of the study will further examine the judges’ considerations in deciding a case, particularly in breach of contract matters.