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Analysis of the Impact of Economic Regulation on Business Stability in the Context of Modern Business Law Dony Sipayung, Parlin; Gultom, Sarles; Elpina; Lodewijk Purba, Van
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1950

Abstract

The purpose of this research is to examine the implications of business law on the practice of business ethics in Indonesia. To achieve this, a library-based research methodology was employed, with relevant data being gathered from various sources of literature pertinent to the research topic. The results demonstrate that there is a significant influence exerted by business law upon business ethical practice in Indonesia. In essence, business law establishes the legal rights and obligations that arise from business agreements and business ties. Moreover, a variety of additional factors influence the implementation of business law in ethical and responsible business practices, including national development, business ethics, internal and external factors, and legal awareness. To address this issue, a number of potential solutions and recommendations have been put forth. These include the strengthening of regulations, more effective law enforcement, the provision of education and awareness, collaboration between the government and business leaders, greater transparency and accountability, and the creation of an independent oversight body. It is anticipated that the implementation of these solutions will create a fair, transparent and ethical business environment, which will positively influence economic development and the general welfare of the Indonesian population.
REHABILITATION MECHANISM FOR VICTIMS OF RAPE S Hutapea, Novelina Mutiara; Gultom, Sarles; Nababan, Bramayana; Telaumbanua, Chris Jolly Gunanta; Sirait, Kevin Sturges
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The perpetrator of rape should be burdened with the responsibility to, among other things, provide compensation (restitution), treat, and bear the costs incurred for the victim's mental or psychological recovery from the traumatic experience. If the perpetrator is unable to carry out these obligations, then the obligation becomes the responsibility of the state and society. Meanwhile, perpetrators who are unable to fulfill their obligations are burdened with substitute punishment in the form of imprisonment as a subsidiary punishment. The question is, in which law should these provisions be regulated? Because all criminal justice processes culminate in the Criminal Procedure Code, the first provision regarding the imposition of responsibility for compensation must be expressly stated in the Criminal Procedure Code. Furthermore, of course in the Criminal Code as the umbrella of national criminal law, which is then also regulated in laws that are lex specialis. The form of compensation can be submitted to the court through the LPSK by the victim of the crime of rape, their family, or their attorney, which can be in the form of material and immaterial. Material compensation in the form of restitution and compensation, and immaterial compensation can be in the form of assistance, namely psycho-social rehabilitation. In providing compensation, the priority is psycho-social rehabilitation, because restoring a person's condition cannot be done through material provision alone
Investment In Spreading Criminal Law for Rural Indigenous Communities Gultom, Sarles; Saragih, Sepriandison
International Journal of Multidisciplinary: Applied Business and Education Research Vol. 3 No. 5 (2022): International Journal of Multidisciplinary: Applied Business and Education Rese
Publisher : Future Science / FSH-PH Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijmaber.03.05.08

Abstract

This study discusses the understanding and dissemination of legal awareness in society, especially criminal law in social life. The author believes that early prevention efforts to minimize unlawful acts are indispensable in every context of legal socialization events. By socializing the law, all citizens aim to create a just and prosperous, safe and prosperous society free from crime, security disturbances, and anarchy. The better the socialization of criminal law, the easier it will be for the community to be invited to achieve independence in order to increase legal awareness. This socialization is the responsibility of all parties, especially the academic community and state apparatus, to guide citizens, especially indigenous peoples in remote parts of the country, to produce peaceful, capable, disciplined, responsible, and courageous citizens who are honest in life. This study also hopes that narrative narratives and academic thoughts on criminal law in indigenous peoples become ceremonial events. Law must be a life-giving culture, especially for indigenous peoples, to be a good example for other communities. Condor has been studied in several legal publications and other sources we have reviewed to answer the most valid research questions. This is also to ensure the data review process runs smoothly and responsibly.
Introduction Theory and Practice Court Procedural Law Constitution Saragih, Sepriandison; Gultom, Sarles; Moonti, Roy Marthen
International Journal of Multidisciplinary: Applied Business and Education Research Vol. 3 No. 10 (2022): International Journal of Multidisciplinary: Applied Business and Education Res
Publisher : Future Science / FSH-PH Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijmaber.03.10.17

Abstract

Laws that develop in society sued the Court for follow development law these, including procedural law. Development procedural law of the Constitutional Court in practice need ijtihad from the Constitutional Court in skeleton find law new to use enforce supremacy constitution, democracy, justice and rights constitutional inhabitant country. Writing this use method approach juridical normative: that is the approach used for study or analyze secondary data in the form of materials primary law and materials law secondary Terms general procedural law arrange about provisions that are general, i.e provision about trial, conditions application, and regarding verdict. Provision in Thing trial in the Constitutional Court, for example, the Court examines, hears, and cut off in hearing plenary attended by all judges consisting of over 9 (nine) people, only in " outside " state normal”, then hearing plenary the attended at least 7 (seven) Constitutional Justices. State outside normal that meant is die world or disturbed physical / soul so that no capable doing the obligation as Judge. Conclusion from article this is The Constitutional Court's procedural law is intended as applicable procedural law by general in things that become the authority of the Constitutional Court as well as applicable procedural law by special for every authority meant. The existence of the Court with the authority possessed bring up needs existence law new, that is procedural law, and develop it in skeleton enforce law in Indonesia.
Analysis of the Impact of Economic Regulation on Business Stability in the Context of Modern Business Law Dony Sipayung, Parlin; Gultom, Sarles; Elpina; Lodewijk Purba, Van
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1950

Abstract

The purpose of this research is to examine the implications of business law on the practice of business ethics in Indonesia. To achieve this, a library-based research methodology was employed, with relevant data being gathered from various sources of literature pertinent to the research topic. The results demonstrate that there is a significant influence exerted by business law upon business ethical practice in Indonesia. In essence, business law establishes the legal rights and obligations that arise from business agreements and business ties. Moreover, a variety of additional factors influence the implementation of business law in ethical and responsible business practices, including national development, business ethics, internal and external factors, and legal awareness. To address this issue, a number of potential solutions and recommendations have been put forth. These include the strengthening of regulations, more effective law enforcement, the provision of education and awareness, collaboration between the government and business leaders, greater transparency and accountability, and the creation of an independent oversight body. It is anticipated that the implementation of these solutions will create a fair, transparent and ethical business environment, which will positively influence economic development and the general welfare of the Indonesian population.
The Phenomenon of Illegal Street Racing Among Teenagers: A Criminological Study in the Jurisdiction of Pematangsiantar Police Yudha Putra Tampubolon; Sarles Gultom; Desy Kartika C. Sitepu
KOLABORASI: Journal of Multidisciplinary Vol. 1 No. 2 (2024): July
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/nf2bf817

Abstract

Criminological Review of Illegal Racing by Teenagers in the Pematangsiantar Police Jurisdiction. This study aims to (1) determine the factors that cause illegal racing by teenagers in the Pematangsiantar Police jurisdiction. (2) To determine efforts to overcome illegal racing by teenagers in the Pematangsiantar Police jurisdiction. This study was conducted in the Pematangsiantar Police area, this study is a qualitative descriptive study. The types of data in this study are primary data and secondary data, with direct observation and interview data collection techniques. The results of the study indicate that the factors that cause teenagers to be involved in illegal racing are (1) not having someone as a role model in understanding and absorbing the values ​​or norms that apply in society, (2) Lack of supervision and concern for the community environment where the racing location occurs, (3) the activity is attractive as an alternative entertainment for some people (especially in cities that have a scarcity of alternative positive activities for the younger generation), (4) lack of police personnel so that perpetrators can freely carry out their activities. Pematangsiantar Police make efforts to overcome the problem including preventive efforts and repressive efforts. Preventive efforts or prevention, include socialization or counseling carried out by the Pematangsiantar Police to the community, conducting vehicle operations, and guarding posts prone to illegal racing. While repressive efforts or action, include following up on complaints from the community around the racing location who feel disturbed and police officers who have conducted a survey in advance in the illegal racing area, conducting control operations or raids, the perpetrators who are caught are then secured at the Pematangsiantar Police to seek information to find evidence, given a fine by confiscating those who are not equipped with STNK, SIM, driving safety and standardization eligibility, and for perpetrators who repeat illegal racing will be given guidance from the Pematangsiantar Police
Implementation of Article 1368 of the Indonesian Civil Code in Settling Disputes Over Crop Damage Caused by Livestock in Nagori Dolok Ilir II, Dolok Batu Nanggar District Muhammad Fachryan Arbi; Sarles Gultom; Parlin Dony Sipayung
KOLABORASI: Journal of Multidisciplinary Vol. 1 No. 2 (2024): July
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/bmqhjn90

Abstract

This study investigates the conflict that occurred in Nagori Dolok Ilir II, Dolok Batu Nanggar District, between agricultural land owners and livestock owners. The study also investigates the application of Article 1368 of the Civil Code as a relevant solution. The research method involves conducting a survey to identify the problem. After that, we see how Article 1368 of the Civil Code can help resolve the conflict. The results show that respondents really understand how livestock affect the environment and agriculture. To determine who is responsible for crop losses, Article 1368 of the Civil Code is considered appropriate and relevant. One of the suggestions put forward is to increase government supervision of livestock, increase awareness of livestock owners, and provide ongoing education programs on livestock management. This study improves understanding of resolving legal conflicts related to livestock damage to crops.
The Effectiveness of Police Roles in Addressing the Distribution of Alcoholic Beverages in Pematang Siantar City Anggun Pasaribu; Sarles Gultom; Desy Kartika C. Sitepu
KOLABORASI: Journal of Multidisciplinary Vol. 1 No. 2 (2024): July
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/bvfpje04

Abstract

The issue of alcoholic beverages in Indonesia has become a serious social problem, as despite numerous cases of alcohol-related deaths, the consumption of alcoholic beverages continues to rise each year, where law enforcement and relevant authorities have made efforts to regulate and eradicate alcohol abuse by apprehending both sellers and consumers involved in the illegal alcohol trade, yet the business continues to thrive, prompting this study to examine the urgency of alcohol prohibition, the role of law enforcement in alcohol control in Pematang Siantar, and the challenges faced in eradicating alcoholic beverages, leading to the conclusion that alcohol prohibition is crucial due to its negative impacts on behavior, morality, religion, and health, as well as its contribution to high crime rates, while the police play a vital role in mitigating alcohol abuse through guidance, supervision, and regulatory control, although law enforcement efforts are hindered by resistance from business owners who oppose police raids, perceiving them as detrimental to their economic interests
Juridical Analysis of Cybercrime Carding: Crime of Credit Card and ATM Data Manipulation in Legal Perspective Sarles Gultom; Van Lodewijk Purba; Anggun Pasaribu
KOLABORASI: Journal of Multidisciplinary Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/e47ma847

Abstract

Cybercrime carding, which involves the manipulation of credit card or ATM data, has frequently occurred in Indonesia and has gained significant international attention due to the risks associated with the misuse of technology in the digital information era. Several key issues require examination, including the factors causing cybercrime data manipulation, the modus operandi of cybercrime carding offenses, and the challenges and efforts in addressing this crime. The study, conducted using a library research method, concludes that cybercrime carding is driven by various factors such as rapid technological advancement, individuals testing their internet technology skills, socio-economic conditions, technical vulnerabilities, weak banking supervision systems, user negligence, inadequate network security, and lack of control by society and law enforcement agencies. The modus operandi of cybercrime carding includes Unauthorized Access to Computer Systems and Services, Illegal Content, Data Forgery, Cyber Espionage, Cyber Sabotage and Extortion, Offenses against Intellectual Property, and Infringements of Privacy. However, legal enforcement faces significant obstacles, including inadequate legal frameworks, limited investigative capabilities, insufficient evidence, and a lack of forensic computing facilities. One of the current efforts to combat cybercrime, including carding, is the formulation of the Draft Law on Electronic Information and Transactions (RUU ITE), which aims to establish comprehensive legal provisions for addressing cybercrime offenses in Indonesia.
Legal Analysis of Consumer Protection in E-Commerce Transactions Based on Contract Law and Law Number 8 of 1999 on Consumer Protection Sarles Gultom; Parlin Dony Sipayung; Yuspika Yuliana Purba; Natalia Ginting
KOLABORASI: Journal of Multidisciplinary Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/k26kn838

Abstract

Legal protection for consumers in electronic transactions, as regulated in Article 1 paragraph 1 of Law No. 8 of 1999 concerning Consumer Protection which states that "Consumer protection is all efforts that guarantee legal certainty to provide protection to consumers", in transactions that usually use paper-based economy, but in E-Commerce transactions changing into digital electronic economy, special handling is needed from a legal perspective. Review of E-Commerce transactions viewed from a legal perspective, especially those regulated in Article 1320 of the Civil Code, is based on the legal power possessed by consumers in making transactions. This thesis analyzes the legal protection obtained by consumers in making transactions on electronic media. The research method used in this study is a normative legal library research method, namely research that refers to legal norms contained in laws and regulations, literature, expert opinions, and scientific journals. This research is expected to provide benefits both scientifically, namely in the study of legal science, and practically and academically, namely as input for authors and parties who wish to analyze the legal protection that arises in electronic transactions and regarding the validity of electronic contracts.