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Hermanto Silalahi
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Journal : Comprehensive Journal Law

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Penyelesaian Wanprestasi Dalam Perjanjian Kredit Dengan Jaminan Hak Tanggungan Thomas Adrian Doing; Celina Tri Siwi K; Hermanto Silalahi
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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The purpose of this research is to find out the legal settlement of the default in the credit agreement at Obor Mas Maumere Credit Cooperative and to know the inhibiting factors for the settlement of defaults in the loan agreement with guaranteed Mortgage Rights.The research method used is an empirical juridical research,with a sosiological juridical approach method,.According to the results of the research obtained,the settlement of defaults in the loan agreement with guaranteed Mortgage at Obor Mas Maumere Credit Cooperative is carried out through two ways of settlement, namely through non-litigation and litigation channels.calling of the debtor and through credit coaching by investigating the causes of late payment. If the effort to save credit by rescheduling is not successful,the solution taken by the Obor Mas Credit Cooperative is through legal channels (litigation).With the procedure,give a warning letter first ( SP1,2,3),if there is no settlement from the borrower,the next step is the execution of collateral. The execution process can be through Execution by selling under the hand directly,Execution through the State Wealth and Auction Service Office (KPKNL) and Execution through the District Court.The inhibiting factors that arise in the settlement process come from the debtor himself,the non-cooperative debtor hides / loses intentions by the debtor to delay the mediation with the Credit Cooperative and ignores the warning letter given by the Credit Cooperative,lack of understanding by the debtor regarding settlement steps default in the credit agreement offered by the Credit Cooperative so that it is difficult to obtain an agreement.The issuer usually makes if difficult to hand over the collateral, does not even vacate the collateral object that will be auctioned.from collateral takes a long time.
Penerapan Mediasi Pada Penyelesaian Perselisihan Hubungan Industrial Agnes Widiana Putri; Hermanto Silalahi; Diah Imaningrum S
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Industrial Relations Disputes occur between parties due to differences in opinions or ways of viewing matters that occur in the company. Settlement of industrial relations disputes, namely rights disputes, layoff disputes, interest disputes, disputes between SP/SB. Efforts are made by choosing to use mediation, conciliation or arbitration. The problem that arises is how to implement mediation in resolving industrial relations disputes at the Malang Regency Labor Relations Department and the supporting and inhibiting factors in the level of success in resolving industrial relations disputes at the Malang Regency Labor Relations Service. This research uses qualitative research methods using a Sociological Juridical approach. Efforts that must be made by the parties to resolve their disputes must first be through bipartite negotiations, and registered with the Department. If the parties do not choose, then the parties will use mediation to resolve the dispute. However, for parties who do not agree in mediation, the mediator will make written recommendations to the parties within 10 (ten) working days and must be given an answer to the recommendation. If they refuse, the parties will proceed to court, but if they accept, then a PB will be made and registered. to PHI. Obstacles during the mediation process as an effort to resolve industrial relations disputes occur among the parties, but can also occur with the mediator and the Malang district labor office, such as the parties not understanding labor laws, good faith in attending the mediator's summons, a strong sense of wanting to win for themselves. owned by the parties. For the mediator himself, he lacks experience in hearings and the human resources needed are very lacking. For the Malang district labor department itself, there is a lack of facilities and infrastructure for holding meetings. Obstacles during the mediation process as an effort to resolve industrial relations disputes occur among the parties, but can also occur with the mediator and the Malang district labor office, such as the parties not understanding labor laws, good faith in attending the mediator's summons, a strong sense of wanting to win for themselves. owned by the parties. For the mediator himself, he lacks experience in hearings and the human resources needed are very lacking. For the Malang district labor department itself, there is a lack of facilities and infrastructure for holding meetings.
Efektifitas Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Dalam Meningkatkan Keamanan Dan Keselamatan Berlalu Lintas Di Kalangan Remaja Chrisnanda Yovita Pricillia; Hermanto Silalahi; Diah Imaningrum S
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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This study aims to determine the effectiveness of Law Number 22 Year 2009 on Road Traffic and Transportation UULLAJ and the inhibiting factors for the implementation of Law Number 22 Year 2009 on Road Traffic and Transportation in improving traffic safety and security among teenagers in Pasuruan City. This research was conducted at the Traffic Unit (Satlantas) of Pasuruan City Police Station. The data obtained are primary data and secondary data through field research, source interviews and library research. The results of the study indicate that the rules contained in the UULLAJ are not effective in increasing security and safety, especially among adolescents, because there are still many violations committed by teenagers. Accidents can occur due to various factors, namely: lack of legal awareness of drivers, applying mobile phones when driving, not obeying traffic signs, not having a driving lisence, and reckless on the road, especially which are done by teenagers. As for the factors that inhibit the effectiveness of Law Number 22 Year 2009, namely: the use of vehicles by school children who still do not have a driving lisence (SIM), the parents also become obstacles by giving them vehicles to their children who do not have SIMs, community knowledge about Law Number 22 Year 2009 is still very minimal. Steps that can be taken so that our adolescents understand the importance of traffic awareness, are socialization that children who do not have a SIM must not bring motorized vehicles given their unstable psychological and mental conditions to deal with road events and lack of skill in running their vehicles.
Perlindungan Hukum Nasabah Pialang Perdagangan Berjangka Dalam Transaksi Valuta Asing Berdasarkan Pasal 50 Undang-Undang Nomor 10 Tahun 2011 Tentang Perubahan Atas Undang-Undang Nomor 32 Tahun 1997 Tentang Perdagangan Berjangka Komoditi Frans Kurniyawan; Celina Tri Siwi K; Hermanto Silalahi
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Government effort to improve the citizen welfare requires a lot of funds, therefore the fund’s needed from investment at capital market is growing significantly. These needs spur the development of Indonesia’s commodity futures trading activities, foreign exchange trading included. Along with those development, rise a number of problems about fulfillment of customer’s legal protection. Fulfillment of such legal protection comes from two parties; first, from the state through Law No. 10 of 2011 and Bapebbti in form of Regulation of the Head of Bappebti, and from the futures trading broker as customer’s partner. The provisions governing the birth of customer and futures trading brokers relationship are regulated in Article 50 of Law No. 10 of 2011. Elements of law stated on it have provided legal protection that upholds the purposes of law such as justice, legal certainty, and benefits. Legal protection of the customer by futures trading broker is provided and can be measured by complying positive law
Informasi Yang Menyesatkan Dalam Prospektus: Bagaimanakah Tanggung Jawab Hukum Emiten? Meredith Fiona Effendi; Celina Tri Siwi K.; Hermanto Silalahi
Comprehensive Law Journal Vol. 2 No. 1 (2024): Juni : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Prior to conducting a public offering, issuers are required to submit a company report called a prospectus that contains information about financial or non-financial statements. However, it become a gap for issuers by providing a prospectus contains misleading information where information provided is incomplete or issuer exaggerates a report of material fact. The formulation of the problem in this study is whether the issuer's legal liability due to misleading information in the prospectus on public offering transactions in the capital market has provided justice to investors and how to resolve if the issuer harms investors if there is misleading information in the prospectus on public offering transactions in the capital market. The research method used by the author in this study is a type of juridical normative and empirical juridical research. The results show that the issuer has to provide compensation to investors resulting from negligence in making a misleading prospectus. Efforts to resolve disputes if investors are harmed by way of complaints to the OJK.The advice that can be given is that if the issuer wants to make a public offering, before that, he must make the actual information, namely the information provided is not reduced or exaggerated.
Pelaksanaan Bantuan Hukum Secara Cuma-Cuma (Pro Bono) Pada DPC Peradi Rumah Bersama Advokat (RBA) Kabupaten Malang Maharani Putri Laimeheriwa; Hermanto Silalahi; Celina Tri Siwi K
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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This research aims to find out how pro bono obstacles providing free or pro bono legal assistance to the community is implemented and what are the experienced by the DPC PERADI Rumah Bersama Advokat (RBA) Malang Regency. The research method used empirical juridical research with a qualitative approach. Data sources were collected through interviews on informants consisting of the Chair and Secretary of Peradi RBA Malang Regency, and library data obtained from library sources, statutory regulations, and other literature. The results of the research show that Peradi RBA Malang Regency is pro bono legal assistance to the community has gone well and there were 6 (six) cases successfully handled in the period of 2021 to 2023. Peradi RBA Malang Regency also collaborates with various agencies to show the public that this organization exists to help underprivileged people obtain their rights. The obstacles faced in providing pro bono legal assistance are time, cost and bad stigma from society. Therefore, education for the public by the government and law enforcement officials must be a concern, because this education is very necessary to protect the rights of the community itself.
Penegakan Hukum Terhadap Praktik Modifikasi Kendaraan Bermotor Berdasarkan Undang Undang No 22 Tahun 2009 Tentang Lalu Lintas Dan Jalan Raya Haryo Herjuno Bintang Panji Kusumo; Hermanto Silalahi; Celina Tri Siwi K.
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Based on the analysis of data and facts obtained by the author directly from the Batu City Transportation Agency, the author concludes that law enforcement carried out by the Batu City Transportation Agency is in the form of strict action not to issue a waybill and a vehicle inspection certificate for vehicles that have been modified where the action is intended that the owner of the motor vehicle cannot use his vehicle to be driven on the highway, with the practice of modification, the Transportation Agency conducted a joint operation with the Police with the aim of providing ticket sanctions to drivers who are proven to have been modified which endangers public safety on the highway as a public road. For the method used, using the empirical juridical method where this method is carried out by observation and data collection by interviewing the targeted respondents. The author's suggestion is that with the violation of the practice of modification of motor vehicles that experience changes in the shape of the vehicle so that it can result in accidents that cause loss of life and material losses. With the Batu City Transportation Agency making a pamphlet to warn that modifications made to motor vehicles, especially goods transport vehicles, can endanger the public and cause accidents. Routine joint operation activities carried out by the Transportation Agency and assisted by the Police in the hope of reducing modification practices because vehicle owners who have been modified are subject to fines by the Police and vehicles cannot re-apply for vehicle inspection certificates that are renewed every 5 years at the Batu City Transportation Agency, East Java.
Perspektif Hukum Adat Terhadap Upaya Penanggulangan Kekerasan Dalam Rumah Tangga Agustinus Suwandi Ujang Uhing; Diah Imaningrum S; Hermanto Silalahi
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Domestic violence in the household often occurs due to various economic factors, early marriage, infidelity. This research resolves domestic violence according to Dayak U'UD Danum customary law in Buntut Purun Village, Ambalau District, West Kalimantan. The method used is empirical legal research with a socological approach. From the phenomena obtained in the field, it is known that the forms of domestic violence in the Dayak U'UD Danum custom are slapped, choked, beaten, slammed and kicked. The factors that cause domestic violence in the community in Buntut Purun Village are economic factors, early marriage, jealousy and infidelity. The efforts of the customary leader in resolving cases of domestic violence in Buntut Purun village are by conducting customary law hearings for victims and perpetrators and imposing sanctions on the perpetrators, and the perpetrators are required to compensate in accordance with Dayak U'UD Danum customary law.
Tanggung Jawab Perantara Jasa Properti Kepada Konsumen Ketika Pengembang Wanprestasi Yerico Agustinus Budyanto; Celina Tri Siwi K.; Hermanto Silalahi
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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This research aims to find out how the sale and purchase agreement is implemented and legal protection, as well as the sale and purchase responsibilities carried out by the Intermediary Company PT XMarks Grande Malang in protecting consumers if the developer defaults. This research is to provide insight and new literature to future readers and writers. This research is a type of research that refers to several legal regulations in the Civil Code, Minister of Trade Regulations, and uses several legal theories to conduct research. This research was conducted using empirical juridical methods by conducting interviews with sources and to obtain as much data as possible regarding problems previously experienced by agents from PT XMarks Grande Malang. The research results show that the legal protection and responsibility of PT However, the lack of good faith on the part of one of the parties makes the problem bigger and is brought to court to resolve the problem.
Co-Authors Agnes Widiana Putri Agustinus Suwandi Ujang Uhing Anna Catharina Sri Purna Suswati Celina Tri Siwi K Celina Tri Siwi K. Chrisnanda Yovita Pricillia Diah Imaningrum S Frans Kurniyawan Haryo Herjuno Bintang Panji Kusumo Maharani Putri Laimeheriwa Meredith Fiona Effendi Thomas Adrian Doing Yerico Agustinus Budyanto