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<![CDATA[PERLINDUNGAN KONSUMEN DARING DAN TANGGUNG JAWAB PERUSAHAAN MARKETPLACE ATAS DATA PRIVASI KONSUMEN ]]>
<![CDATA[Josephine, Josephine]]>;
<![CDATA[Rosadi, Sinta Dewi]]>;
<![CDATA[Sudaryat, Sudaryat]]>
<![CDATA[ Jurnal Suara Keadilan Vol 21, No 1 (2020): Jurnal Suara Keadilan Vol. 21 No 1 (2020) ]]>
Publisher : <![CDATA[LPPM Universitas Muria Kudus ]]>
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DOI: 10.24176/sk.v21i1.5686
<![CDATA[ABSTRAKPerkembangan teknologi terus mengalami perkembangan dengan sangat pesat, salah satunya yaitu dalam sistem perdagangan secara elektronik yang selanjutnya disebut e-commerce. Seiring dengan hal tersebut, muncul kekhawatiran konsumen mengenai data pribadi yang di simpan oleh perusahaan marketplace, sehingga diperlukan perlindugan hukum bagi para konsumen daring. Kajian ini bertujuan untuk memberikan rekomendasi yang tepat bagi pemerintah dan pemangku kepentingan lainnya dalam membuat kebijakan terkait dengan perlindungan data pribadi konsumen daring di Indonesia. Kajian ini dilakukan secara kualitatif melalui studi literatur. Hasil dari kajian ini menghasilkan rekomendasi untuk kebijakan terkait dengan penerapan prinsip strict liability. Kata Kunci: Marketplace, Perlindungan data, Privasi, Perlindungan Konsumen, Tanggung Jawab.]]>
<![CDATA[Hilirization Obligations for Mining Companies with Contract of Works Status In Indonesian Positive Law ]]>
<![CDATA[Sudaryat, Sudaryat]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24955
<![CDATA[The Indonesian government requires mineral and coal mining companies to reduce exports of raw minerals, in fact some raw minerals (ore) are prohibited from being exported abroad, such as nickel and several more minerals will follow. Mining companies are required to process and purify raw minerals domestically (downstreaming) so that these minerals have better added value than before. The fact is that some mining companies operating in Indonesia have work contract status, some have IUP status and some have IUPK status. Currently there are several companies with work contract status that have become IUPK. The Mineral and Coal Law has also undergone several replacements and changes and the results of a study show that the Indonesian Government is inconsistent in its policy on downstreaming metallic minerals. The work contract was signed before Law No. 4 of 2009 came into effect. There is doubt about the implementation of downstreaming for metal mineral mining companies with work contract status. The aim of the research is to examine the downstream obligations for metal mineral mining companies with work contract status in the substance of the work contract both before being amended and those which have been amended and to find out the downstream obligations in the Mineral and Coal Law which has undergone several changes for metal mineral mining companies with status. work contracts that have not yet been converted into IUPK. The research method used is normative juridical with a descriptive analysis research approach. This research is a literature study of primary legal materials, secondary legal materials and tertiary legal materials. The data collected was analyzed using qualitative juridical methods. The research results show that in the substance of the work contract before the amendment and after it was amended after the enactment of Law No. 4 of 2009 concerning Minerals and Coal, it turns out that there is an obligation in the work contract for the company holding the work contract to carry out downstreaming, including the downstreaming mechanism. Then, if we analyze the mineral and coal law, namely from Articles 102, 103 and 104 of Law No. 3 of 2020, there is no express downstream obligation for metal mineral mining companies with work contract status, but there is an express downstream obligation for metal mineral mining companies with contract status but it was listed in Article 170 of Law No. 4 of 2009 and implied in Article 170A of Law No. 3 of 2020. The time limit for downstream implementation for companies holding work contracts starts from the time the company holding the work contract starts production. The downstream obligation itself will be optimal if it is in line with the policy of banning raw mineral exports.]]>
<![CDATA[Guarantee, Promotion and Ideas of Omnibus Law on Health in Indonesia Compared to Singapore and Taiwan ]]>
<![CDATA[Sudaryat, Sudaryat]]>
<![CDATA[ JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER ]]>
Publisher : <![CDATA[Universitas Semarang ]]>
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DOI: 10.26623/julr.v7i3.9728
<![CDATA[This study aims to compare and analyze macro health policies in Indonesia with those in Taiwan and Singapore. The results of the comparison and analysis will be used as lessons learned and input for improving health policies in Indonesia in the future. Health policies in the form of the BPJS Kesehatan program have not optimally improved the health of the Indonesian people in terms of services, medicines, medical personnel, and health facilities. Taiwan is the country with the most superior health services in the world in 2024 and Singapore is the country with the best health system in the world in 2023. Through a normative legal research method with qualitative legal data analysis, it is known that the health policies implemented by the Taiwanese and Indonesian governments are almost the same, namely using an insurance mechanism with contributions from participants, the government and the private sector, but the differences in the reach and standardization of health services in Taiwan are wider in scope compared to Indonesia, while the Singaporean government in its health policy implements four programs, namely medisave, medishield, medifund, eldershield with control over increasing health financing from the government. Health policies in Taiwan are easier for the Indonesian government to apply in perfecting the BPJS Kesehatan program than those implemented by Singapore because both have implemented health policies through mandatory insurance programs. BPJS Kesehatan must improve its service management and the government needs to increase the number of health facilities and standardization of health facilities by adjusting its characteristics as an archipelagic country. Formulate fair premi for participants so that participants get optimal health services. Health promotion must be encouraged to increase public health awareness. The health omnibus law as a national legal strategy can be used as a trigger to harmonize overlapping health policies so that health programs can be implemented optimally which has an impact on improving the health of the Indonesian people.]]>
<![CDATA[Downstream, Good Mining Practices, Reclamation and Post-Mining: Policy and Law Enforcement in Indonesia ]]>
<![CDATA[Sudaryat, Sudaryat]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i1.10569
<![CDATA[This research aims to find out and see the connection between operational patterns in mineral and coal mining activities in Indonesia, downstream policies, as well as reclamation and post-mining implementation. Mining activities cause negative impacts in the form of serious environmental damage which occurs in almost all mining areas in Indonesia. From a regulatory perspective, mining companies and mining service companies are obliged to implement good mining principles with administrative sanctions for those who violate them, mining companies are obliged to carry out downstream within the country so as to provide added value and expand employment opportunities, mining companies are also obliged to carry out reclamation and post-mining at a high level. higher. 100% success. Using normative juridical research methods and qualitative juridical analysis, it is known that the operational cooperation pattern is not appropriate to apply because, in the operational cooperation agreement, the position of the mining company and the mining service company is equal so that the mining service company does not carry out good mining activities, the mining company does not have control over this and In fact, 70% of environmental damage in Indonesia is due to mining operations, mineral, and coal downstream policies are carried out inconsistently so that it is less than optimal in increasing the added value of minerals and coal and there are legal loopholes in opening up reclamation in other forms, making the success rate of reclamation and post-mining of ex-mining excavated flat. the average is less than achieved 100% success.]]>
<![CDATA[Klasifikasi Kegagalan Investasi Reksa Dana Sebagai Utang dalam Kasus Penundaan Kewajiban Pembayaran Utang Terhadap Manajer Investasi Dikaitkan dengan Dengan Undang-Undang Nomor 8 Tahun 1995 dan Undang- Undang Nomor 37 Tahun 2004 : (Studi Kasus Putusan Putusan Pn Jakarta Pusat Nomor 78/Pdt.Sus-PKPU/2020/PN Niaga Jkt.Pst) ]]>
<![CDATA[Marla Satika Qurratu’aini]]>;
<![CDATA[Nyulistiowati Suryanti]]>;
<![CDATA[Sudaryat Sudaryat]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v3i3.3895
<![CDATA[Along with globalisation, economic development continues to change dynamically in order to achieve success in national economic development. National economic development is the development of equitable economic growth for the greatest prosperity of all Indonesian people based on the principle of kinship in accordance with Pancasila and the 1945 fourth amendment of the Republic of Indonesia. This economic development is marked by the development of a variety of transactions or economic activities, one of which is investment or capital activities through the capital market such as mutual fund investments made through the role of investment managers. In carrying out its business activities, there is a risk of default that can result in a Suspension of Payment against the Investment Manager, one of which is the case of Central Jakarta District Court Decision Number 78/Pdt.Sus-PKPU/2020/PN Niaga Jkt.Pst. This research aims to examine the accuracy of the consideration of the Central Jakarta District Court judge in the related decision regarding the qualification of investment losses as a default charged to the Investment Manager, as well as the judge's consideration in accepting the suspension of payment application against PT Emco as the Investment Manager by the Investor. This research uses the juridical-normative method, which prioritises the use of literature material from positive law as a source with the results of the research described descriptively. The results of this study show conclusion that can be drawn. The judge's consideration in the relevant decision is not correct because the responsibility for default should be borne by the issuer, in addition, the judge's consideration does not conduct further investigation regarding the origin of the compensation agreement between the Investment Manager and the Investor.]]>
<![CDATA[Konsekuensi Hukum Terhadap Kreditor Pailit Yang Tidak Mendaftarkan dan Terlambat Mendaftarkan Piutangnya Kepada Kurator Dalam Proses Verifikasi Piutang Kepailitan ]]>
<![CDATA[Aria Wirajuna]]>;
<![CDATA[Elisatris Gultom]]>;
<![CDATA[Sudaryat Sudaryat]]>
<![CDATA[ Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 1 (2025): Maret: Politika Progresif : Jurnal Hukum, Politik dan Humaniora ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.62383/progres.v2i1.1425
<![CDATA[This study aims to analyze the legal consequences of non-registration or late registration of receivables owned by creditors in the bankruptcy process. Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) stipulates that in bankruptcy proceedings, the fulfillment of rights over the bankrupt estate can only be obtained if the creditor registers their receivables for verification. However, there are no specific provisions that explicitly regulate the legal consequences of receivables that are not registered at all or those registered late and thus cannot be verified. This legal uncertainty creates problems in practice, particularly regarding legal protection for creditors and legal certainty in the resolution of bankruptcy cases. Using a normative juridical approach and analyzing relevant legislation and court decisions, this research finds that creditors who fail to register their receivables or register them late lose their rights to receive payments from the bankrupt estate. In other words, receivables that are not verified—either due to non-registration or late registration—are not recognized in the bankruptcy process. This conclusion highlights the importance of creditors understanding the procedures for registering receivables in bankruptcy in order to protect their rights. The study also recommends that existing legal regulations provide clearer guidance regarding the consequences of delayed or unregistered receivables to ensure legal certainty and fair protection for all parties involved in bankruptcy proceedings.]]>
<![CDATA[Asas Keadilan dalam Eksekusi Jaminan Kebendaan Kreditor Separatis pada Kasus Kepailitan terhadap Batasan Waktu Eksekusi ]]>
<![CDATA[Salsabil Qodrunnada]]>;
<![CDATA[Elisatris Gultom]]>;
<![CDATA[Sudaryat Sudaryat]]>
<![CDATA[ Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 3 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/konstitusi.v2i3.750
<![CDATA[A separatist creditor are those holding proprietary security rights over a debtor’s assets, granting them preferential claims in the satisfaction of debts through the execution of the collateral. Article 59 of the Indonesian Bankruptcy and Suspension of Debt Payment Obligations Law (UU KPKPU) restricts the exercise of such execution rights to a period of two months following the declaration of bankruptcy. This limitation raises issues of fairness, as it treats all creditors equally without regard to the legal priority attached to secured creditors. The provision risks undermining the absolute nature of proprietary security rights and deviates from the principle of proportional justice as articulated by Aristoteles. This article adopts a normative legal approach, examining statutory provisions, legal principles, and relevant doctrinal opinions. The findings suggest that the uniform treatment of secured and unsecured creditors after the expiry of the execution period is inconsistent with the fundamental characteristics of secured rights, namely their priority and enforceability against third parties. Accordingly, a revision of the existing legal framework is necessary to ensure the proper and equitable enforcement of secured creditors' rights in bankruptcy proceedings.]]>
<![CDATA[Perlindungan Hukum atas Kepastian Pembayaran Kepada Kreditur Konkuren dalam Kepailitan ]]>
<![CDATA[Cindi Elvina Azarine]]>;
<![CDATA[Elisatris Gultom]]>;
<![CDATA[Sudaryat Sudaryat]]>
<![CDATA[ Solusi Bersama : Jurnal Pengabdian dan Kesejahteraan Masyarakat Vol. 2 No. 2 (2025): Mei: Solusi Bersama : Jurnal Pengabdian dan Kesejahteraan Masyarakat ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.62951/solusibersama.v2i2.1445
<![CDATA[Bankruptcy as a legal remedy for creditors to receive payment from debtors can cause losses for concurrent creditors. The absence of the right to precedence, resulting in concurrent creditors can only receive payment if preferred creditors and separatist creditors have received payment, therefore, it is important to provide legal protection for concurrent creditors in obtaining their right to receive payment. In this research, a normative juridical method will be used through literature study. By using secondary legal sources as well as primary and secondary legal materials relevant to the protection of concurrent creditors in bankruptcy cases. In the research results, it was found that there is an urgency to apply the insolvency test as an effort to protect concurrent creditors from losses to debtors declared bankrupt. Then, it is also important for concurrent creditors to file legal remedies in the event that the debtor is declared bankrupt, but still has the financial ability to pay his debts.]]>
<![CDATA[Analisis Kepailitan PT Asuransi Jiwasraya Persero dalam Perspektif Perlindungan Konsumen dan Kepastian Hukum Bagi Kreditor ]]>
<![CDATA[Hania Arvalia]]>;
<![CDATA[Elisatris Gultom]]>;
<![CDATA[Sudaryat Sudaryat]]>
<![CDATA[ Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): Journal of Sharia and Legal Science ]]>
Publisher : <![CDATA[CV. Doki Course and Training ]]>
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DOI: 10.61994/jsls.v3i1.1040
<![CDATA[The bankruptcy of insurance companies is a complex issue involving the interests of consumers as policyholders and creditors who demand legal certainty. This study aims to analyze bankruptcy issues within the Indonesian insurance industry through a case study of PT Asuransi Jiwasraya (Persero), with a focus on legal protection for consumers and the assurance of legal certainty for creditors. The research method employed is normative juridical, using a statutory and case study approach. The findings indicate that the resolution mechanism for Jiwasraya’s default did not follow the bankruptcy process as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), but was instead resolved through state intervention and restructuring via a state-owned insurance holding company. This has created a legal dilemma regarding the suboptimal protection of consumer rights and the weakened position of creditors in the settlement process. On the other hand, the authority of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in supervising and intervening in troubled insurance companies becomes a crucial aspect that requires clearer regulatory provisions. Therefore, a reformulation of policies and a more comprehensive legal framework is needed to ensure a balanced protection of consumers and legal certainty for creditors in bankruptcy cases involving insurance companies.]]>
<![CDATA[IMPLICATIONS OF IMPLEMENTING BEHAVIOR CHANGES IN ABUSE OF DOMINANT POSITION BASED ON BUSINESS COMPETITION LAW ]]>
<![CDATA[Hanif, Muhammad Fauzan]]>;
<![CDATA[Sudaryat, Sudaryat]]>;
<![CDATA[Suryamah, Aam]]>
<![CDATA[ Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v7i2.1524
<![CDATA[Abuse of a dominant position is one type of violation that can provide an opportunity to change behavior. The mechanism for providing behavioral change in the abuse of a dominant position has implications for the KPPU, the reported party, and competing business actors. In terms of providing an opportunity to change behavior, the Commission Council considers the type of violation, the time of the violation and the losses caused by the violation. There is no further explanation regarding the criteria for providing an opportunity to change behavior, so legal construction is needed. This research was carried out using a normative juridical approach. Specifications: This research is descriptive analytical in nature, namely the data obtained will be described in this research by providing an overview of legal problems, the legal system and reviewing or analyzing them according to the needs of the research. The results of the research show the implications that arise in providing behavioral changes for violations of abuse of a dominant position which are contrary to the principle of legal certainty. Changes in behavior in the abuse of a dominant position will open up opportunities for the reporter to design abuse strategies in the future with different strategies. Per se approach indicators are needed to perfect the legal construction of providing behavioral changes for abuse of a dominant position. The KPPU can apply an alternative approach by carrying out analysis if the perpetrator abuses a dominant position at the same time committing a violation that meets the elements in another article, behavior change can be rejected.]]>
