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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Yeni Triana
Lancang kuning university
Law, Crime, Criminology & Criminal Justice

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Tanggung Jawab Pelaku Usaha terhadap Konsumen atas Klausula Eksonerasi dalam Perjanjian Baku Kiki Riski Kurniasih; Fahmi Fahmi; Yeni Triana
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4055

Abstract

The emergence of standard agreements is a necessary development in the world of economy which expects all processes to take place quickly and practically. The standard agreement is not prohibited by law, but the use of the Exenation clause is prohibited by law. This article discusses the responsibilities of business actors to consumers in the exoneration clause because business actors transfer responsibility. The aim is to analyze the legal responsibilities and legal consequences of business actors on consumers in the exoneration clause. The research method used is normative with case and analytic approaches. The results showed that the business actor was not responsible because the business actor transferred responsibility, the legal consequence of the transfer of responsibility was the agreement was null and void, could be punished with imprisonment or a fine
Degradation of Executorial Rights and Execution Parate Institutions on Fiduciary Security After the Decision of the Konstitution Court Number 18/Puu-Xvii/2019 Yeni Triana; Yelia Nathassa Winstar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2333

Abstract

Constitutional Court decision Number 18/PUU-XVII/2019 degrades the existence of executorial rights and execution parate institutions in the UUJF. Melements of the substance of the law in rangka this execution resulted in the purpose of the law can not be met. PeneThis research is a normative juridical research that will answer several questions. First, what is the essence of the position of eksekutorial rights, execution parate, promise injury clause in fiduciary security rules. Second, how the juridical analysis of the Constitutional konstitusi tersebutCourt decision. This study produced several results, first the decision of the Constitutional Court contradicts the essence of the existence of executorial rights and the institution of Parate execution. executorial rights and execution parate institutions arise from the existence of special guarantees granted privileges through executorial rights institutions and execution parate institutions. The article of promise injury in the main agreement essentially serves as clause naturalia. The naturalia clause means that althoughthis clause is not expressly stated, theinjury clause promises to remain. The nature pelaksanaanof execution is because there is no voluntary act of implementing a decision that has permanent legal force. Thus, establishing the validity of the executorial right when there is a voluntary surrender is contrary to the nature of the execution itself. Second, in making a decision, the judge should put forward the principle of legal mind, namely legal certainty, justice and usefulness. In the Constitutional Court ruling amar judge's decision does not reflect the certainty, justice and kemanfaatn
Oral Agreements In The Perspective Of Pacta Sunt Servanda In Legal Certainty yeni triana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4303

Abstract

The purpose of this study is to analyze the problem of breaking a promise in an oral agreement, one of the parties, does not carry out what has been agreed upon, and causes losses, resulting in a conflict, and is sued by the district court. The problem in this study is how the court judge's consideration of the oral agreement, and the legal consequences. This research method uses a normative juridical approach, examines jurisprudence, the existence of cases that have been decided by the court. The legal theory in this study is the agreement theory, guided by the principles in the agreement, then the legal terms of a contract, and the types of agreements based on the Civil Code. The results of this study are as learning and utilization as student lecture material, and useful for the parties in an oral agreement. This output achievement is an article that will be published in a journal, so that it can be used by the public.
Legal Consequences Of Insider Trading In Limited Liability Companies yeni triana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6394

Abstract

The background of this study focuses on insider trading practices and the legal consequences for insider trading perpetrators in limited liability companies. The specific target of this study is to explain the legal consequences for insider trading perpetrators. The insider trading phenomenon is pivotal to examining the limited liability companies' evolution, as insider trading may impact the company's prospects. Insider Trading provides many benefits for its perpetrators, including obtaining accurate information from insiders regarding the company's prospects in the future. This information can augment stock prices and can also decrease significantly. It allows the perpetrators to gain extraordinary profits by buying or selling earlier than other parties. Through insider trading, investors can earn profits that other parties may not enjoy. Indonesia classifies insider trading as a crime. This point is in line with Law Number 8 of 1995 regarding the Capital Market, which prohibits individuals possessing insider information about a company from purchasing or selling shares in the capital market.
Co-Authors Fahmi Fahmi Kiki Riski Kurniasih Yelia Nathassa Winstar