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All Journal JURNAL HUKUM JURNAL PENDIDIKAN TAMBUSAI SIGn Jurnal Hukum INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) SOCIAL : Jurnal Inovasi Pendidikan IPS International Journal of Social Service and Research Action Research Literate (ARL) Journal of Law, Poliitic and Humanities Journal of Sustainable Development and Regulatory Issues INTERNATIONAL JOURNAL OF ECONOMIC LITERATURE
Hulman Panjaitan, Hulman
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences

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Ensuring Fair Business Practices and Consumer Rights: The Role and Impact of Indonesia's Consumer Dispute Settlement Agency Harjono, Dhaniswara K.; Panjaitan, Hulman; Soerjadjanegara, Moermahadi; Susanto, Hendra; Kamal, Abu Hena Mostofa; Suwarno, Suwarno
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.37177

Abstract

This research examines the role and impact of Indonesia's Consumer Dispute Settlement Agency (BPSK) in promoting fair business practices and protecting consumer rights in a changing economic environment. It focuses on Consumer Protection Law No. 8 of 1999 and uses a legal research method to analyze how effective BPSK is at resolving disputes between consumers and businesses. The findings show that, while BPSK offers alternative dispute resolution methods like mediation and conciliation, it struggles with issues such as interference from the courts, lack of independence, and limited authority. The Indonesian Supreme Court often overturns BPSK's decisions, which lowers public trust in the agency. Additionally, BPSK's reactive approach to complaints and procedural delays limit its ability to actively protect consumer rights. This study suggests that structural reforms are needed to give BPSK more independence and power, including clearer rules for resolving disputes and the ability to impose penalties for violations. By addressing these challenges, Indonesia can strengthen BPSK's role in protecting consumer rights and ensuring fair business practices, leading to a better legal framework for consumer protection.
Music Copyright Protection in the Digital Era: Legal Framework and Strategies for Enforcement Panjaitan, Hulman; Betlehn, Andrew; Situmeang, Tomson; Khan, Md Zubair Kasem; Miraz, Mahadi Hasan
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40525

Abstract

This research investigates the factors contributing to global music copyright infringement in the digital era, the legal framework established by Indonesian Law Number 28 of 2014 on Copyright, and strategies for strengthening protection. Using a doctrinal legal research approach, the study incorporates statutory and comparative legal analyses to assess the effectiveness of Indonesia’s copyright laws and proposed strategies. The findings indicate that digital piracy globally is primarily driven by technological advances, the ease of sharing pirated content, and inconsistent international copyright laws. These issues have resulted in significant financial losses for creators and the rise of new forms of piracy. In Indonesia, while Law Number 28 of 2014 provides robust protections for creators, including economic and moral rights, enforcement remains problematic due to low public awareness and the rapid pace of technological advancements. Key institutions, such as the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual/DJKI) and Collective Management Institutions (Lembaga Manajemen Kolektif Nasional/LMKN), play a critical role in enforcement but need further support. The study recommends strengthening legal frameworks, international harmonization, and leveraging technological solutions such as blockchain to improve copyright enforcement in Indonesia and ensure fair compensation for artists.
JURIDICAL ANALYSIS OF OUTSOURCED WORKERS BASED ON LAW NUMBER 6 OF 2023 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 2 OF 2022 ON JOB CREATION INTO LAW PRAMANA, NDINTA HERRY; PANJAITAN, HULMAN; BETLEHN, ANDREW
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.170

Abstract

This research discusses the juridical analysis of outsourced workers in light of Law No. 6 of 2023 on Job Creation Stipulating Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law. This study aims to determine the regulation of outsourced workers after the issuance of the 2023 Job Creation Law and whether the regulation is able to protect and fulfil the rights of outsourced workers from the exploitation of employers that continues to occur in Indonesia today. This research uses qualitative research with normative legal research methods. The data sources used are primary data in the form of laws and government regulations of the Republic of Indonesia that are currently in force, and secondary data consisting of books, journals and websites. The results of this research can be concluded that in Law Number 13 of 2003 on Manpower, several provisions have been amended by Law Number 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law, including provisions relating to outsourced labour. Based on the old comparison between the Manpower Law and the Job Creation Law, it is worth noting that the Job Creation Law has also caused controversy, especially in relation to labour protection. Some provisions, such as those relating to the type of work, working time, and severance pay, are considered to reduce protection for outsourced labour. In addition, the Job Creation Law No. 6 of 2023 regulates the protection of workers from social security, working days and hours, time and holidays, wages and benefits, and provisions for termination of employment. However, in the event of discrepancies experienced by outsourced workers, they can take non-litigation legal action such as bipartite, mediation, conciliation, or arbitration
LEGAL CERTAINTY REGARDING COLLECTION RELATED TO GUARANTEES IN TERMS OF MOTOR VEHICLE FINANCING BASED ON OJK REGULATION NO. 22 OF 2023 Purba, Kevin Agatha; Harjono, Dhaniswara K.; Panjaitan, Hulman
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 3 (2024): October 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i3.173

Abstract

One form of law that has a real and important role in people's lives is contract law. The term "contract" is called "overeenkomst" in Dutch and "agreement/agreement" in English. An agreement is defined in Article 1313 of the Civil Code, which states "An agreement is an act by which one or more people bind themselves to one or more other people". Contract law can be said to be a law that is formed when someone promises something to another person. In this case, both parties have agreed to enter into an agreement without any enforcement or decision by only one party. The type of research is normative legal research. Normative law, there are several approaches in this legal study. In this approach, the authors receive information from various aspects of the problem they want to find answers to. Conclusion: Restructuring of motorcycle consumer protection agreements in financial companies. In essence, Regulation 22/2023 was issued to further strengthen consumer protection in the financial services sector by facilitating coordination of PUJK internal control. In this case, the new framework is expected to guarantee.
JURIDICAL REVIEW OF LAW NUMBER 6 OF 2023 CONCERNING EMPLOYMENT COPYRIGHT ON THE IMPLEMENTATION OF RISK-BASED BUSINESS LICENSING IN THE HEALTH SECTOR IN THE FIELD OF PHARMACY PAHALA, ERIC SANDY; PANJAITAN, HULMAN; BETLEHN, ANDREW
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.175

Abstract

The fulfilment of medicines has become important in health development in Indonesia due to the increasing public awareness of health. Pharmacies are an important tool in the provision of medicines and health services. However, establishing a pharmacy business has high risks and requires a business licence and pharmacist practice permit. However, Law No. 11 of 2020 on Job Creation was rejected by the Constitutional Court, which resulted in the reissuance of the regulation in Law No. 6 of 2023. This has also impacted the regulations governing business licences, especially in the health sector such as pharmacies. Digital technology is also applied in implementing business licences with the OSS System. For the pharmacy business, business actors must understand the appropriate KBLI code and the correct licensing application procedure. Therefore, this research aims to analyse the impact of the reissuance of the rules in Law Number 6 of 2023 on the pharmacy business licensing rules. This research uses a form of normative juridical research that refers to developing legal norms, such as laws and court decisions. The approach methods used are statute approach and conceptual approach. The data to be used is secondary data from primary legal materials, secondary legal materials, and tertiary legal materials, such as laws, regulations, books, papers, journals, and other sources. The data collection technique that will be used is document study. The method of analysis that will be used is the qualitative analysis method to analyse the social aspects of the implications of Law Number 6 of 2023 on the Implementation of Risk-Based Business Licensing in the Health Sector for Pharmacies based on legal materials. After the issuance of Law Number 6 of 2023, there have been significant changes to the business licensing mechanism in Indonesia. Risk-based business licensing is enforced to support job creation and empowerment of micro, small and medium enterprises. The licensing process is based on the level of risk, with NIB as the legality to start and run a business. This concept regulates the function of NIB and other business licensing facilities from the government. Permenkes Number 14 of 2021 regulates the standards of business activities and products in the implementation of risk-based business licensing in the health sector, including pharmacies. So pharmacy business actors are encouraged to adjust to business licensing regulations and ensure legal certainty in pharmacy business licensing.
PROTECTION OF LAND RIGHTS HOLDERS IN LAND ACQUISITION FOR PUBLIC INTEREST IN NATIONAL DEVELOPMENT Ginting, Andreas; Panjaitan, Hulman; Bethlen , Andrew
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.176

Abstract

Land acquisition for public needs is an activity to provide land by providing adequate and fair compensation, but in fact in the field there are still many people who do not agree with the nominal compensation for their land to be purchased for development in the public interest. Whereas in land acquisition there is the principle of social function for land rights to be used in accordance with their nature and purpose, it means that they must have benefits for right holders and the community. So that there is a need for a balance between individual interests and public interests for the community. Based on this, this research aims to find out and analyse the mechanism of land acquisition by the Land Bank Agency for land acquisition based on the UUCK and the juridical provisions for holders of land rights transferred for the public interest.This research is a normative juridical research with a statutory approach. The author uses secondary data using primary, secondary, and tertiary legal materials. The method of analysis used is qualitative method. This research concludes on the mechanism of land acquisition by the Land Bank Agency in Indonesia in accordance with Law No. 6 of 2023. The agency manages land for public interest and development in a transparent and non-profit manner. Its main tasks include planning, procuring, managing and distributing land, as well as planning licences and setting service rates. Land acquisition is conducted through several stages involving the public and the results are submitted to the Governor. If there are objections from the public, an evaluation is conducted. Landowners are entitled to fair compensation, and dispute resolution can be through the courts. The process must be fair and protect human rights by involving deliberation to reach an agreement.
JURIDICAL ANALYSIS OF FORCE MAJURE TERMINATION OF EMPLOYMENT RELATIONS IN THE JOB CREATION LAW Suaris Firdaus Sembiring, Suaris Firdaus; Wijayati, Ani; Panjaitan, Hulman
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 5 No. 4 (2024): December 2024
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v5i4.178

Abstract

The state has the responsibility to protect and promote labour in Indonesia, which is a human right in accordance with the constitution. Article 27 Paragraph (2) of the 1945 Constitution states that every citizen has the right to work and a decent life. However, labour problems continue to increase, caused by the lack of employment, the large number of workers, the low quality of workers‘ education, and the lack of supervision of workers’ rights, which reduces people's welfare. Laws in Indonesia, such as Law No. 13/2003 on Manpower and Law No. 11/2020 on Job Creation, aim to provide legal certainty and prevent arbitrary actions by employers. The regulation of labour relations is based on a work agreement that confirms the rights and obligations of all parties. Therefore, this study finds out the legal arrangements for Termination of Employment (PHK) before and after the existence of the Job Creation Law. In addition, this research also aims to analyse the legal protection of workers affected by layoffs, especially due to Force Majeur conditions after the existence of the Job Creation Law. This research uses a normative approach with qualitative juridical analysis. The data used is primary data as well as supporting data to assess the legal aspects related to termination of employment in the context of labour law in Indonesia.The new law, Job Creation, has caused controversy and dissent in the community. Previously, the layoff process required a determination from a dispute settlement institution, but with the Job Creation Law, companies can conduct layoffs with notice to workers. Legal protection for workers affected by layoffs, especially due to force majeure conditions, is important. Industrial Relations Court judges do not require a criminal court verdict for employers who conduct layoffs due to urgent offences. There are differences between Law Number 13 Year 2003 and Law Number 11 Year 2020 on Job Creation, especially in the mechanism of layoffs due to urgent violations, which are considered to violate the principle of presumption of innocence. Therefore, legal protection for workers needs to be adjusted to the principle of presumption of innocence.
LEGAL PROTECTION IN PARTNERSHIP AGREEMENTS FOR THE PROCUREMENT OF GOODS AND CONSTRUCTION SERVICES BY MICRO, SMALL AND MEDIUM ENTERPRISES Simbolon, David Julianto; Panjaitan, Hulman; Saragi, Paltiada
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 6 No. 1 (2025): February 2025
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v6i1.182

Abstract

In conclusion, the procurement of goods and services by the government plays a critical role in driving Indonesia's development. As we have seen, this process not only contributes to economic growth through essential infrastructure projects but also fulfills the government's obligation to meet the needs of its citizens. Collaborations between the government and Micro, Small, and Medium Enterprises (MSMEs) are vital in ensuring that these efforts are effective and mutually beneficial. By fostering partnerships based on trust and shared goals, both the government and MSMEs can strengthen their capabilities to support national progress. Ultimately, a strategic approach to procurement will pave the way for sustainable development, benefiting all layers of society while enhancing the overall resilience of Indonesia's economy.This research is a normative juridical research with a statutory approach. The author uses secondary data using primary, secondary, and tertiary legal materials. The method of analysis used is qualitative method. The author concludes that the form of MSME Partnership cooperation is regulated in Law No. 11 of 2020 concerning Job Creation, including partnership patterns such as Inti-plasma, subcontracting, franchising, and others, which are also explained in Government Regulation No. 7 of 2021. Legal protection for MSMEs is regulated in several laws, and partnership cooperation provides good protection through coaching and development that includes financing, infrastructure, training, and market access. If there are any disputes related to the partnership, the responsibilities and problem solving are clearly stipulated in the agreement.
COMPARATIVE ANALYSIS OF OUTSOURCING REGULATION IN INDONESIA AND THE PHILIPPINES Liawati, Mira Sonia Seba; Saragi, Paltiada; Panjaitan, Hulman
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 6 No. 1 (2025): February 2025
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v6i1.183

Abstract

This study examines the Comparative Analysis of Outsourcing Legal Regulations in Indonesia and the Philippines. Unlike Indonesia, which absolves the Employer Company of responsibility for fulfilling the rights of outsourced workers, the focus of outsourcing regulations in the Philippines—from the Labor Code to Department Order No. 174 Series of 2017—is the protection of outsourced workers' rights. The guaranteed protection of outsourced workers’ rights has proven successful as a foundation for the Philippines to foster a healthy outsourcing climate, which has become one of the catalysts for economic development in the Philippines, evenduring the pandemic. This study is a normative juridical research conducted through legal comparison using a Statute Approach and a Comparative Approach. The legal materials utilized in this research consist of primary, secondary, and tertiary legal sources. Data collection was conducted through document studies from 2023 to 2024. Based on the collected data, this study employs a qualitative approach for data analysis. In Indonesia, outsourcing is regulated by Law No. 13 of 2003 on Manpower, Law No. 6 of 2023 on Job Creation, and their implementing regulations. Meanwhile, the Philippines regulates outsourcing through DOLE 174, Republic Act No. 11199 of 2019 and its amendments, as well as related rules that emphasize the welfare protection of outsourced workers and legal certainty for investors. Worker protection in the Philippines focuses more on workers' fundamental rights and occupational safety, with policies requiring outsourcing companies to ensure their workers receive protection aligned with national standards.
Peran Persatuan Guru Republik Indonesia dalam Program Makan Bergizi Gratis Nurhasanah, Cindy; Panjaitan, Hulman; Pakpahan, Rachel Meilisa; Bago, Rhfyka Arlina; Manurung, Thessa D Triputri; Tamba, Josua Armando; Jamaludin, Jamaludin
Jurnal Pendidikan Tambusai Vol. 9 No. 1 (2025)
Publisher : LPPM Universitas Pahlawan Tuanku Tambusai, Riau, Indonesia

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

Abstract

Presiden Prabowo Subianto telah menggagas program makan siang gratis sebagai bagian dari janji kampanye pasangan Prabowo-Gibran dalam Pemilu 2024. Program ini bertujuan untuk meningkatkan gizi anak sekolah, mengurangi angka stunting, serta meningkatkan kualitas pendidikan di Indonesia. Sebagai seorang guru, tanggapan terhadap Program Makan Bergizi Gratis sangat positif. Program ini tidak hanya memberikan manfaat langsung dalam bentuk asupan gizi yang lebih baik bagi siswa, tetapi juga berkontribusi pada peningkatan konsentrasi dan prestasi belajar mereka. Tujuan dari penelitian kali ini yaitu untuk mengetahui peran apa yang di lakukan Asosiasi Guru Indonesia (PGRI) dalam mendukung Program Nutrisi Gratis (MBG) sebagai upaya untuk meningkatkan kesehatan dan kualitas pendidikan untuk anak -anak di Indonesia. Metode yang di gunakan dalam penelitian ini yaitu menggunakan jenis penelitian lapangan ( field research) yang berupa pendekatan kualitatif deskriptif. Penelitian kualitatif adalah studi yang menciptakan data deskriptif dalam bentuk kata -kata tertulis atau verbal manusia dan perilaku yang diamati, penelitian ini di lakukan di SD SPF Negeri 101774 Sampali Medan.
Co-Authors Aqilah, Zahra Nur B. Bulan, Z. Intan Bago, Rhfyka Arlina Bernard Nainggolan, Bernard Bethlen , Andrew Bethlen, Andrew Betlehn, Andrew Charlie S, Julivan Dhaniswara K. Harjono Evri, Evri Fahim, Md Hasnath Kabir Fatchurochim, Auwalu Ginting, Andreas Girsang, Junimart Halomoan Napitupulu, Josua Harjono, Dhaniswara K Hendra Susanto Jamaludin . Junani, Natalia K. Harjono, Dhaniswara Kamal, Abu Hena Mostofa Khan, Md Zubair Kasem L. Panggabean , Mompang Liawati, Mira Sonia Seba Manurung, Thessa D Triputri Marchiano Lumban Gaol, Hotben Mikael, San Miraz, Mahadi Hasan Moermahadi Soerja Djanegara Monang Siregar, Jephyri Nasution, Dinda Amelia Putri Noviyanto, Dedi Eka Nurhasanah, Cindy PAHALA, ERIC SANDY Pakpahan, Rachel Pakpahan, Rachel Meilisa Pangalila, Denny Pieris, John PRAMANA, NDINTA HERRY Purba, Kevin Agatha Saragi, Paltiada Siahaan, Despri Mariani Simanjuntak, Ade Hasiana Simanjuntak, Edison Simbolon, David Julianto Situmeang, Tomson Soerjadjanegara, Moermahadi Sri Widiarty , Wiwik Sri Yunita Suaris Firdaus Sembiring, Suaris Firdaus Suhartono, Anang Suparman, Jaja Surya Dharma Suwarno Suwarno Tamba, Josua Armando Tobing, Sthepany Veronika, Caroline Wijayati, Ani Wiwik Sri Widiarty Yanzalinda, Lisa Yeo, Susilo Kurniawan