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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum 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 Suara Hukum Jurnal Scientia 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) 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 Jurnal Hukum & Pembangunan LamLaj Journal of Health Education Law Information and Humanities Jurnal Serina Abdimas Tarumanagara Law Review
Ariawan Gunadi
Faculty of Law, Tarumanagara University
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Legal Implications of Euthanasia Practices on the Medical Profession Samudra, Muhammad Bima; Gunadi, Ariawan
Jurnal Indonesia Sosial Sains Vol. 6 No. 1 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i1.1598

Abstract

Euthanasia is a controversial act that involves the termination of a person's life upon voluntary request to alleviate suffering from a terminal illness. This practice triggers ethical, legal and moral debates, especially in the context of different regulations in various countries. This research aims to analyze legal regulations related to euthanasia in Indonesia and several other countries, as well as identify relevant ethical principles. The research method used is normative method with statutory and conceptual approaches. The research data is obtained through a literature study, which involves an analysis of legal regulations, academic literature, as well as the results of empirical studies. The results showed that in Indonesia, euthanasia is prohibited under Article 344 of the Criminal Code, while in the Netherlands and Belgium, the practice is allowed under strict conditions to protect individual autonomy and ensure ethical implementation. In conclusion, although euthanasia is considered a form of respect for individual rights in some countries, in Indonesia this practice is against the law, religious norms, and culture. This study recommends the development of quality palliative care to reduce patient suffering without having to consider euthanasia, as well as encouraging public discussion on this issue in Indonesia.
Implikasi Pemutusan Hubungan Kerja Sepihak Bagi Hak Pekerja Pasca UU Cipta Kerja Tanera, Lauren; Gunadi, Ariawan
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11838

Abstract

Unilateral termination of employment is a labor issue that has the potential to cause significant economic and welfare impacts on workers. The act of terminating employment without a clear legal basis and without fulfilling workers' rights contradicts the principle of fairness in the industrial sector. This study aims to examine the legal protection aspects for workers who experience termination without mutual agreement and to analyze the role of the government in addressing this issue. This research employs a normative approach by analyzing applicable legal provisions, including legislation and court decisions. Based on Article 28D (2) of the 1945 Constitution of the Republic of Indonesia and Article 81, point 47 of the Omnibus Law, which revises Article 156(1) of the Manpower Law, workers who experience termination of employment are entitled to compensation in the form of severance pay, long-service appreciation pay, and compensation for other entitlements. Additionally, the government plays a key role as a policymaker and mediator in labor dispute resolution. Although regulations provide a legal foundation for protecting workers' rights, cases of unfair termination continue to occur due to weak enforcement and limited worker awareness of their rights. Therefore, concrete measures are necessary to strengthen law enforcement, enhance oversight of labor regulation implementation, and optimize the government's role in ensuring the protection of workers' rights.
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.
Legal Protection of Company Data and Confidential Documents with Confidentiality Clauses in Employment Agreements and Code of Conduct (Case Study of PT Metindo Perkasa Decision Number 459/Pdt/2019/Pt.Bdg) Martheo, Felicia; 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.v6i2.1324

Abstract

Protection of company secrets is an important part of ensuring healthy business and business activities. To ensure development activities with fair economic principles, the Indonesian state also strives to protect every business actor who can innovatively create systems and business activities that are mutually beneficial. However, the problem is that monopolistic actions and unhealthy competition often occur and end up with the teacher being one of the parties in a collaboration. For this reason, in order to protect every party in business activities, especially company activities, the state has legal provisions that regulate company secrets. This research aims to find out about legal protection for confidential company data and documents in Indonesia, as well as recognizing the role of work agreements and codes of conduct in the protection of confidential company data and documents. The research method used is descriptive analysis using a statutory approach, a case approach and a conceptual approach. The results of this research indicate that legal protection regarding confidential company documents and data is carried out based on Law no. 8 of 1997 concerning Company Documents and Law no. 30 of 20000 Concerning Trade Secrets, Meanwhile, the role of agreements and codes of conduct is very important in ensuring a healthy relationship between the workforce and the company, and is regulated in Law no. 13 of 2003 concerning Employment.
Co-Authors Agustin, Dila Wahyu Alberta, Alberta Alexander Arcelino Gunadi Amad Sudiro Amanda Fitriani Eka Putri Ambarita, Dicki Candra Amrie Firmansyah Andre Kiemas Anthony Willyus Wongkar Antonius Ferry Bastian Aprilia, Indah Siti Ardianto Reza Pamungkas Ardyanus Hartony Laos Aulia, Riska Ayu Puspita Sari Aziq Rosdi 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 Darren Andreas Dave Chrysander Defilania, Oktri Dewi Rahma Dewi Wulandari Dharmasetya, Lani Ekaratri, Azkia Elysia Wilhelmina Rengkung Endison Ravlindo Evelyn Fahri, Achmad Febrianto, Rizky 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 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 Kirana Hamonangan, Marcellius Kurniawan, Cicelly Chiesa Lestari, Novianti 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 Martin Edward Awuy Martono Martono Matheus, Juan Mayvians, Tidelstein Melani Harly Melvina Michael Ang 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 Panji Ramadhan Paramitha, Chintya Lie Pascal Amadeo Yapputro Pasyah, Rabbil Arya Petrosina Matauseja Huka, Christia Prasanti, Nandani Bayu Puspa Hartanto, Adinda Puspita, Lidya Putri, Amelia Natalie Putri, Destia Liana Putri, Pricilia Dwi Anggreni 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 Siswahyudianto 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 Winda Gadis Sukardi Wonohadidjojo, Christopher Howard Yanuar Putra Erwin Yolanda, Maureen Keisha Yudha, Ivan Tirta