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All Journal JURNAL MAGISTER HUKUM UDAYANA Sosiohumaniora JURNAL LITIGASI (e-Journal) LAW REVIEW Jurnal Asy-Syari'ah Jurnal Hukum IUS QUIA IUSTUM Anterior Jurnal Kosmik Hukum Amwaluna Jurnal Ekonomi dan Keuangan Syariah Dialogia Iuridica Jurnal Hukum Lex Generalis Indonesian Journal of Social Science Research JUSTICIA SAINS: Jurnal Ilmu Hukum Bandung Conference Series: Law Studies Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Yeti Sumiyati
Universitas Islam Bandung
Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences Other

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Potential Abuse of Unaccountable Management of One-Person Company in Banking Loan Agreement Budiyono, Budiyono; Sumiyati, Yeti; Suhada, Ahmad Syauqi; Januarita, Ratna; Ali, Syuhaeda Aeni Mat
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25522

Abstract

One of the new legal subjects in Indonesian corporate law based on Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law (Job Creation Law) is a One-Person Company (which is then written as OPC), which is a legal entity that meets the criteria of micro and small businesses. This review aims to analyse the management mechanism of an OPC under the Job Creation Law, which is linked to the Principle of Accountability in banking credit agreements. The management mechanism of a One-Person Company under the Job Creation Law is unclear, namely the ambiguity of the definition and functions of the company's organs, which is only centered on one shareholder, concurrently as the organ that runs and supervises the company, so that the management of an OPC becomes unaccountable. The unaccountable management mechanism of an OPC has the potential to abuse the authority of the company's organs. In a banking credit agreement entered into by an OPC, this can occur at the stage of the credit application process and the execution of the credit agreement. At the credit application stage, the absence of a Board of Commissioners in an OPC has the consequence that the decision on the credit application plan is only in the hands of one organ only, namely the shareholder, who is one person, who also doubles as a director of the company through a Shareholders' Resolution. There are no other organs that can be asked for consideration and or approval related to credit applications that are in accordance with the needs of the company. Meanwhile, at the stage of implementing the credit agreement, there is no other organ that carries out the function of supervising the use of credit and the obligation to submit periodic financial reports to the bank, in accordance with the positive/affirmative covenants agreed in the credit agreement.
Perlindungan Hukum Konsumen Pengguna Obat Tradisional Tanpa Izin Badan Pengawas Obat dan Makanan (BPOM) yang Diedarkan Secara Daring Pasca Pandemi Covid-19 Oktaviandra, Devia; Sumiyati, Yeti
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.751

Abstract

Law Number 8 of 1999 concerns Consumer Protection in protecting and guaranteeing legal certainty for a business to carry out production with security, comfort, safety, good quality, and health. Maintaining health is essential for humans, especially during the COVID-19 pandemic and after the pandemic ends. The public consumes traditional medicine because of its effect, which can increase the body's immunity during the pandemic. Getting traditional medicine during the COVID-19 pandemic is very easy from online shops. This is what we used to do until the pandemic ended. The government the existence of Consumer Protection Law No. 8 of 1999 as a basis for protecting consumer safety rights and supervision of BPOM No. 8 of 2020, which monitors medicine and food distributed online. The discovery of traditional medicine preparations by BPOM Public Relations and BPOM's annual case report without a distribution permit online will violate consumer rights. The research method used is a normative juridical legal approach by examining statutory regulations, library materials, or secondary data as a basis for research accompanied by interviews related to the problems studied. The results of the research found that the provisions for the use of traditional medicines according to Law No. 8 of 1999 concerning consumer protection are linked to BPOM Regulation No. 8 of 2020 concerning the supervision of medicines and food distributed online in the current situation the COVID-19 pandemic is very necessary because in general it has been regulated in the UUPK by ensuring that the actions taken by BPOM in implementing the Law's policies are repressive and preventive. That is why the government issued a consumer protection law that benefits the population so that they have legal force against consumer losses committed by business actors. The responsibilities that consumers expect from business actors regarding UUPK No. 8 of 1999, namely being obliged to provide compensation to customers for damage, contamination, and use of products that consumers use.
The Urgency of Appointing a Notary as The Official for Creating Waqf Pledge Deeds (PPAIW) for Shares Based on Law Number 41 of 2004 on Waqf Wahab, Abdul; Sambas, Nandang; Sumiyati, Yeti
Indonesian Journal of Social Science Research Vol. 5 No. 1 (2024): Indonesian Journal of Social Science Research (IJSSR)
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijssr.05.01.30

Abstract

The object of waqf known to the public up to this point is still synonymous with immovable property (fixed assets). In Indonesia, regulations related to waqf are governed by several laws, including Law No. 41 of 2004 on Waqf. However, there are no specific regulations regarding share waqf. Additionally, concerning the creation of share waqf pledge deeds by a notary as the PPAIW, the regulations on waqf pledges stipulated in Article 27 of the Minister of Religious Affairs Regulation No. 73 of 2013 on Procedures for the Waqf of Immovable and Movable Assets Other than Money state that a notary is appointed as PPAIW by a Ministerial Decree. To be appointed by the Minister as PPAIW, one must meet the requirements of being a Muslim, trustworthy, and certified in waqf competence by the Ministry of Religious Affairs. These requirements pose a barrier for notaries to become PPAIW because there has been no socialization and implementation of the competence certification requirement. Moreover, the requirement to be Muslim means that not all notaries can become PPAIW. The aim of this study is to understand the implementation of regulations regarding notaries as PPAIW in the creation of Waqf Pledge Deeds. This research is a type of normative juridical research, with a sociological juridical approach. The findings indicate that the regulation and implementation of notaries as PPAIW for shares are not yet clear and firm, necessitating a broader legal review in relation to the principle of the benefits of share waqf for the community.
Akibat Hukum Ketidaklengkapan Informasi Pada Medical Checkup Yang Treadmill Testnya Tidak Terlaksana Dengan Alasan Medis: Legal Consequences Of Incomplete Delivery of Information in Medical Checkups Where The Treadmill Test Was Not Conducted Due To Medical Reasons Hafidz Nur; Sumiyati, Yeti; Titik; Mufidi, Faiz; Wagiono, Caecielia
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.19783

Abstract

The Medical Checkup (MCU) service that includes a treadmill test facility is a routine health examination designed to identify potential cardiovascular diseases, implemented using the Bruce Protocol method as Standard Operating Procedures (SOP) and Hospital Practice Guidelines to conduct the treadmill test. The legal basis for this medical service outlined in Indonesian Ministry of Health Decree Number 772/Menkes/SK/VI/2002 and Indonesian Ministry of Health Regulation Number 512/Menkes/PER/IV/2007. The treadmill test has risks and contraindications, which means that not all patients may be able to undergo the treadmill test procedure in the MCU package. This study will explore the legal implications of incomplete information during medical checkups in cases of MCU package services which treadmill test facilities cannot be carried out due to patient's medical condition. Consumer Protection Law Number 8 of 1999 and Article 1320 of the Civil Code will serve as the foundation for analyzing therapeutic contracts. The research method which used in this study is normative juridical approach which is supported by interveiw data. The Results of this study found that when a treadmill test cannot be performed due to patients' medical condition, the patient unable to undergo the procedure, , resulting in legal consequences in form of financial loss which may causes potential disputes if not handled properly. This incident cannot be considered as as breach of contract because the hospital has fulfilled its obligations by providing information and asking for approval through informed consent, so the hospital is not required to reimburse the patient. However, it is...
Co-Authors Abdul Wahab Adinda Nabila Diva Pramestya Ali, Syuhaeda Aeni Mat Annisa Fitriyah Salsabila Arif Firmansyah Ashila Azzahra Darmawan Britney Azzahra Wiguna Budiyono Budiyono Caecielia Wagiono Chandra Manungsa Alit Devina Ambarani Diana Wiyanti Efik Yusdiansyah Hafidz Nur Indriyani Kusumawati Irma Sylviyani Herdian Jejen Hendar Luthfi Mohamad Zen M. Faiz Mufidi Meisa Mohamad Iqbal Fauzi Mufidi, Faiz Mufidi, M. Faiz Muhammad Ilman Abidin Nandang Sambas Oktaviandra, Devia Raden Nurul Fadlilah Roshadi Ramli, Taty A. Ratna Januarita Rimba Supriatna Rizki Aliah Yasmin Wibiksana Rusli K. Iskandar Sahnaz Adillah Fajriah Suhada, Ahmad Syauqi Suseno Adi Wibowo Syifa Khoerunnisa Tatty A Ramli Tatty A Ramli Tatty A Ramli, Tatty A Tatty A. Ramli Tatty AR Tatty Aryani Ramli Taty A. Ramli Tiara Salzhabilla Titik Vivi Nur Arzy Yoghi Arief Susanto Zalza Puti Kamila