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All Journal Rechtsidee Jurnal Daulat Hukum Ajudikasi : Jurnal Ilmu Hukum Publik (Jurnal Ilmu Administrasi) Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial International Journal of Supply Chain Management JURNAL MERCATORIA Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Al-Dustur JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Progressive Law Review Jurnal Hukum Adigama JURNAL USM LAW REVIEW Jurnal Suara Hukum Academia Open Jurnal Scientia Indonesian Journal of Law and Economics Review Jurnal Hukum Lex Generalis SUPREMASI Jurnal Hukum Indonesian Journal of Legality of Law Devotion: Journal of Research and Community Service Indonesian Journal of International Law JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) Law Development Journal The International Journal of Politics and Sociology Research Az Zarqa': Jurnal Hukum Bisnis Islam Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) International Journal Of Economics Social And Technology Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Ranah Research : Journal of Multidisciplinary Research and Development Riwayat: Educational Journal of History and Humanities LamLaj Journal of Health Education Law Information and Humanities Jurnal Serina Abdimas
Ariawan Gunadi
Faculty of Law, Tarumanagara University
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Journal : Unes Law Review

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Akibat Hukum dan Keabsahan Dari Akta Jual – Beli yang Dibuat Diatas Perjanjian Jual – Beli yang dilakukan Seolah-Olah (Studi Kasus Putusan di Pengadilan Negeri Kudus Nomor: 13/Pdt.G/2016/PN.Kds) Puspa Hartanto, Adinda; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1860

Abstract

Humans are social beings who have interests that they want to achieve. When an interest cannot be fulfilled, he will try to find someone who can fulfill his interests which will meet the interests of the other party which brings a good reciprocal effect, so an agreement is made. In order for there to be legal certainty in the agreement, the making of the agreement is carried out before a Notary. Notary is one of the officials who has the authority to make documents in the form of authentic deeds which are written evidence that has strong and absolute evidentiary power where if the parties do not recognize the authentic deed, both parties must provide evidence that denies the deed in accordance with what is written in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions. Even though there is a governing law, we still often find Notaries who commit several violations that cause losses to clients as happened in one of the Holy District Court Decisions Number: 13 / Pdt.G / 2016 / PN.Kds where Notaries make Sale and Purchase Agreements as if and without an agreement between the two parties
Analisis Yuridis Praktik Diskriminasi Penjualan Tiket Umroh oleh Perusahaan Penerbangan Ditinjau dari Perspektif Hukum Perlindungan Konsumen Khanifa Fauziah; Ariawan Gunadi
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.v6i4.1997

Abstract

The issue of consumer protection has in fact become a hot topic that needs attention from various parties, especially considering that every business activity involves consumers and there are consumer rights that must be fulfilled by entrepreneurs based on Law Number 8 of 1999 concerning Consumer Protection. Cases that have been widespread include discriminatory practices carried out by PT Garuda Indonesia (Persero) Tbk in selling Umrah tickets, closing access to ticket reservations by Garuda Indonesia to 301 PPIUs (Umrah Travel Organizers), so that consumers cannot reserve tickets directly. This problem then invites the author to discuss further regarding consumer protection in this case and the implementation of legal protection that should be for consumers in discriminatory practices in business activities. This research uses a normative juridical research method using literature study and a legal approach. The research results show that in constructing consumer protection, you must actually look at legal principles, both in terms of legal certainty, legal protection and justice, as well as referring to the principles of Islamic law. In implementing legal protection referring to the Consumer Protection Law, it is necessary to take several steps, including collaboration in supervising entrepreneurs by utilizing technology, clear and integrated regulations and the imposition of strict and proportional sanctions, as well as education for entrepreneurs to can always uphold consumer protection values including transparency, fairness, openness, equality.
A Legal Examination on Russia’s Threat on the Use of Nuclear Weapons during the Invasion of Ukraine based on the Applications under International Law Christopher David Nagaria; Ariawan Gunadi
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.v6i4.1999

Abstract

The purpose of this research hopes to provide viewers further awareness and contributions that promote the abolishment of nuclear weapons. The issue the researcher has found include what are the legal applications and laws regarding the threat and use of nuclear weapons. The research method used is doctrinal legal research which aims to examine and analyze the norms that govern the threat and use of nuclear weapons based on existing laws. The findings of this research include various regulations and treaty’s such as the Non-Proliferations Treaty which establishes the recognition of nuclear and non-nuclear weapon states, as well as the limits on the use of nuclear weapons, The Comprehensive Nuclear Test Ban Treaty is an agreement which aims to limit the development and testing of nuclear weapons, and most recently the Treaty on the Prohibition of Nuclear Weapons which prohibits nuclear weapons. However, the results have shown that the current laws are insufficiently enforceable and mainly agreed upon under good faith. President Putin’s threats to nuclear warfare and the transfer and stationing of nuclear weapons to Belarus are evidence for further developments and amendments to the treaties in addressing this problem.
PERLINDUNGAN HUKUM TERHADAP WANPRESTASI KREDIT PINJAMAN ANGSURAN MODAL KERJA OLEH KOPERASI DALAM PUTUSAN NOMOR 30/PDT.G.S/2018/PN.PWT Ricky, Ricky; Gunadi, Ariawan
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.666

Abstract

This study examines the form of legal protection against credit default on working capital installment loans by cooperatives. The type of data used in this research is secondary data, namely data that is not obtained directly from the field or the community, but through literature studies by reviewing and studying books, literature, journals, and internet data. The research approach used is an approach to systematic law, namely research conducted on certain laws and regulations or registered law. The data collection technique used was a literature study, while the data analysis technique was carried out qualitatively. The results obtained from this legal research are a form of legal protection against default on working capital installment loans by cooperatives. So that the Defendant's responsibility is in default for the occurrence of default on working capital installment loan loans by savings and loan cooperatives based on Decision Number 30/PDT.G.S/2018/PN.PWT. Thus the Defendants did not fulfill their abilities, So it can be concluded that the problem is how is the legal protection for the parties in cases of loan default based on court decisions Number 30/PDT.G.S/2018/PN.PWT and namely to make payments for their obligations, so that thus the Plaintiffs had sufficient reasons according to law that the Defendants both individually and jointly had defaulted / broken promises / defaults because they did not pay their obligations to the Plaintiffs.
Penilaian Kinerja Badan Penyelesaian Sengketa Konsumen (BPSK) Berdasarkan Putusan Mahkamah Agung Nomor 175K/Pdt.Sus-BPSK/2021 Jessica, Jessica; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1105

Abstract

The Consumer Dispute Settlement Agency (BPSK) is a semi-court institution that has the authority to resolve and decide disputes between consumers and business actors on a non-litigation basis. Law Number 8 of 1999 concerning Consumer Protection or commonly known as UUPK is a regulatory basis used by BPSK in deciding consumer disputes because UUPK is a law that overshadows all laws that intend to provide protection to consumers. In practice, BPSK is often referred to as an institution that has the authority to examine, resolve, and decide a dispute with a final and binding decision. However, in one example of a case in the Supreme Court decision Number 175K / Pdt.Sus-BPSK / 2021, BPSK decided to impose sanctions on perpetrators outside the authority of BPSK. This is a problem of how to assess the performance of BPSK in deciding consumer disputes. The research method used is normative juridical with a case approach. To improve the performance of BPSK in deciding consumer disputes, it is necessary to update the contradictory UUPK regulations so that BPSK decisions do not cause legal uncertainty for protected consumers. The role burden borne by BPSK is also not balanced with existing Human Resources, so it needs to be improved so that BPSK's performance in deciding consumer disputes can be more careful without overriding applicable laws.
Urgensi Penjatuhan Denda sebagai Sanksi Administrasi Utama: Tinjauan Kasus Persekongkolan Tender dalam Persaingan Usaha Tidak Sehat Khantidevi Lukmadi, Fionna; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1230

Abstract

The present-day dynamic development of the world economy is creating enormous changes in trade. The increasing developments and needs of the global market today for adequate facilities and infrastructure for economic activities has created many forms of unhealthy competition, one of which is bid rigging which is carried out to avoid competition between business actors. This tender collusion is widespread among large business actors who want to obtain partnerships with the government in providing infrastructure. Hence, Law Number 5 of 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition was formulated which regulates administratif penalty due to bid rigging. Seeing that the problem of tender collusion is still occurring, this research was conducted to identify fines as the main administratif sanction to prevent collusion in tender activities. Therefore, this article was prepared with the title "The Urgency of Imposing Fines as the Main Administratif Sanction: Review of Cases of Tender Rigging in Unfair Business Competition". The object of this research is fines as administratif penalty with the aim that if fines are determined as the main administratif sanction before the main crime, healthy business competition will be created. The normative judicial with literature study is a method that will be used in this research so that we can see how fines as administratif penalty apply in cases of bid rigging.
Analisis Perlindungan Hukum Atas Kerugian Investor Publik Akibat Praktik Insider Trading Berdasarkan Hukum Positif Indonesia Clementino Moningka, Yosia; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1231

Abstract

This article is motivated by the rapid development of the world of capital markets in Indonesia, and it cannot be denied that one of the crimes occurring in the world of capital markets is the practice of insider trading. This research uses a normative juridical approach, namely a type of approach that examines or analyzes secondary data such as library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Regulations regarding the practice of insider trading already have a legal umbrella in Article 95 and Article 99 of Law Number 8 of 1995 concerning Capital Markets, but in fact the existence of a legal umbrella with these articles still creates unclear implementation and law enforcement regarding insider trading cases. happened in Indonesia. Situations like this then contribute to losses felt by other public investors. Therefore, this research will discuss legal protection arrangements and legal remedies for public investors who experience losses due to insider trading practices based on Indonesian positive law. This research uses a normative juridical method with the Statute Approach. Legal protection for public investors for losses resulting from insider trading practices is regulated as immaterial losses which can take legal action through litigation, namely civil lawsuits with the argument of unlawful acts, or non-litigation through the Alternative Institution for Financial Services Sector Dispute Resolution which is provided by OJK.
Tinjauan Yuridis Persaingan Usaha Tidak Sehat Terhadap Usaha Besar dengan UMKM dalam Perspektif UU No. 20 Tahun 2008 (Studi Kasus Putusan Perkara Nomor 02/KPPU-K/2020) Irma, Febriana; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1253

Abstract

This research discusses the judicial review Unfair Business Competition Against Large Businesses and MSMEs in the Perspective of Law no. 20 of 2008. The primary focus of the study is the violation of Article 35 paragraph (1) of Law No. 20 of 2008 concerning Micro, Small, and Medium Enterprises, which prohibits "large enterprises from owning and/or controlling MSMEs as partners in their partnership relationships." Through a case study of the decision by the Business Competition Supervisory Commission (KPPU), this research analyzes the legal implications of such violations and their impact on business competition. The research methodology involves legal analysis and the comparison of related cases. The findings reveal the importance of law enforcement in maintaining a fair and healthy business competition environment, safeguarding MSMEs, and promoting sustainable economic development. These findings provide insights for policymakers and legal practitioners in preserving fair and equitable business competition within the MSME sector.
Tinjauan Keabsahan Pelaksanaan Kontrak Elektronik di Indonesia Ditinjau dari Sistem Hukum Positif Indonesia Nugroho, Hizkia Ivan; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1266

Abstract

With current technological developments, various new innovations have emerged in various aspects in various parts of the world. Then the aspect that is most affected by changes in the current technological era is the agreement or contract. Where changes to the agreement or contract lie in the medium where conventional contracts innovate into electronic contracts. Electronic contracts are often used in electronic transactions because they are more efficient. Positive law regarding electronic contracts is regulated in Civil Law and Law Number 19 of 2016 Amendments to Law Number 11 of 2008 concerning Information and Electronics. These two regulations explain the legal requirements for implementing a contract and the validity of a contract. The legal requirements for a contract are explained in Article 1320 of the Civil Code, namely that there is an agreement from both parties, the agreement must discuss a certain matter, the parties must have the skills to make an agreement, the agreement must have a valid reason, and the agreement must discuss a matter. certain. If the agreement meets these four conditions then the agreement is considered valid. Then, referring to Article 5 and Article 6 of the Electronic Information and Transactions Law, an electronic contract is declared valid if the electronic information in it can be guaranteed and its existence can be proven. The differences in the legal requirements for the two are not too different, only the electronic media is the difference. However, in its implementation, the Electronic Information and Transactions Law needs to strictly regulate the validity of electronic contracts.
Pertanggungjawaban Direksi Atas Tindak Pidana Perpajakan Ditinjau dari Doktrin Business Judgement Rule Frisca Delicia, Nadya; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1267

Abstract

Legislation in Indonesia is coercive and all-embracing. The tax sector is no exception. Both individuals and corporate entities have an obligation to pay taxes. As a taxpayer, it cannot be denied that there are opportunities to commit tax crimes. This article aims to analyze tax evasion as a means of tax crimes committed by company directors when viewed from the business judgment rule doctrine. This research uses normative juridical legal research by collecting secondary data. The results of this research show that directors can be held personally responsible if they are proven to have committed tax evasion on behalf of the company and cannot be protected by the business judgment rule doctrine.
Co-Authors Agustin, Dila Wahyu Alberta, Alberta Alexander Arcelino Gunadi Amad Sudiro Ambarita, Dicki Candra Amrie Firmansyah Andre Kiemas Anthony Willyus Wongkar Antonius Ferry Bastian Aprilia, Indah Siti Aulia, Riska Awuy, Euginia Nataniela Ayu Puspita Sari Baehaqi Bianty, Thisia Bondan Cahyadi Budi Prana Prasetyo Calvita Candra, Marvin Carsnelly, Eileen Cendranita, Ivannia Chandra, Edwin Chandra, Yulius Charomain, Mochammad Imam Christina, Nadya Christopher David Nagaria Claudia, Zulian Clementino Moningka, Yosia Cornelia Alpha Daniel Daniel Darren Andreas Dave Chrysander Defilania, Oktri Dewi Rahma Dewi Wulandari Dharmasetya, Lani Ekaratri, Azkia Elysia Wilhelmina Rengkung Endison Ravlindo Evelyn Fahri, Achmad Febrianto, Rizky Ferdinandus Zulvacar, Nathanael Ezekiel Fionita, Jessica Frederick Septian Tuwan Fredrik Siregar, Aristoteles Gerhard Frisca Delicia, Nadya Frisca Frisca Grace Priskilla Suwanto Graciella, Eunike Gumintang, Galuh Gilang Hakim, M. Rizky Aulia Harjanto, Devy Yulyana Hasan, Laura Kurniadi Herman Joseph Hummerson, Laureen Aurora Ilyasa, Farhan Hamka Irma, Febriana Jennifer Jennifer Jessica Candakentjana Jessica Jessica Joeliant, Hanz Bryan Juan Davis Elhanan Kamil, Renita Kevin Veronica Halim Khanifa Fauziah Khantidevi Lukmadi, Fionna Khutub, Muhammad Kiemas, Andre Kurniawan, Cicelly Chiesa Lestari, Novianti Lina Kristie Yonathin Lisa Putri Utami Lukita, Hans Made Aubrey Josephine Angelina Mahardhika, Dutasena Mahieu, Feybiola Cecilia Makawowor, Chelsea The Marchel Thobie Maria Cecilia Nugroho Marshella Cenyvesta Martheo, Felicia Martono Martono Matheus, Juan Mayvians, Tidelstein Melani Harly Melvina Michelle Nathania Michelle Starla Ongko Michelle, Grace Bernadette Mingga, Britney Wilhelmina Berlian Mita, Ermita Ekalia Monica Blazinky Muhammad Abdurrohim Muhammad Awal Alishakur Muhammad Theo Rizki Putra Muzacky, Ahmad Nadhea Tungga Devi Naftalie, Livia Aurelia Nagaria, Christopher David Nugroho, Hizkia Ivan Oping, Timothy Farrel Pagrelia, Yuda Tri Panji Ramadhan Paramitha, Chintya Lie Pascal Amadeo Yapputro Pasyah, Rabbil Arya Petrosina Matauseja Huka, Christia Prasanti, Nandani Bayu Puspa Hartanto, Adinda Puspita, Lidya Putri, Amanda Fitriani Eka Putri, Amelia Natalie Putri, Destia Liana Putri, Pricilia Dwi Anggreni Putri, Qonita Rizqi Iffani Raymond Kusuma Reyza Julianda Mahabati Ricky Ricky Rimandita, Tiffani Rizki, Muhamad Abdul Jamil Rohaya, Nizla Salim, Gerardus Aldo Samudra, Muhammad Bima Samuel, Maria Gabriela Samuel, Yoel sari, nike kumala Shahan, Akbar Helmie Nur Shasmita, Sylvia Stephanie Patricia Prasetyo Suwinto Johan Sylvia, Sylvia Tanera, Lauren Teddy Francis Theresia Wijaya Tsabita, Nabilla Mahva Vanessa Widjaja Vianka, Maria Ibella Vina Octavia Vincent Vincent, Vincent Vivi Heniasy Wanibe, Kenji Dustin Wonohadidjojo, Christopher Howard Yanuar Putra Erwin Yolanda, Maureen Keisha Yudha, Ivan Tirta