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All Journal DE JURE Rekayasa Sipil Jurnal Akta Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum JURNAL ILMIAH LIVING LAW Pena Justisia: Media Komunikasi dan Kajian Hukum Otentik's : Jurnal Hukum Kenotariatan JURNAL ILMIAH ADVOKASI Jurnal Ilmu Hukum KYADIREN Al-Adl : Jurnal Hukum Jurnal Hukum Sasana Jurnal Hukum Lex Generalis Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) JUSTICIA SAINS: Jurnal Ilmu Hukum International Journal of Community Service (IJCS) Jurnal Smart Hukum (JSH) Abdi Implementasi Pancasila: Jurnal Pengabdian kepada Masyarakat Jurnal Media Hukum Golden Ratio of Law and Social Policy Review (GRLSPR) Jurnal Pendidikan Olahraga Journal of Legal Contemplation
Ali Abdullah, Ali
Universitas Pancasila
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

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IMPLIKASI HUKUM HAK TANGGUNGAN BAGI KREDITOR SEPARATIS DALAM PROSES KEPAILITAN DEBITOR: STUDI PUTUSAN NO. 20/PDT.SUS-GUGATAN LAIN-LAIN/2023/PN.NIAGA.SMG Yunianti, Devi; Abdullah, Ali; Triwulandari, Endah
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7612

Abstract

The position of secured creditors in Indonesian bankruptcy law raises critical issues regarding the limits of execution rights and the protection of stakeholders’ interests. This study specifically examines these dynamics through the case study of Decision Number 20/Pdt.Sus-Gugatan Lain-Lain/2023/PN.Niaga.Smg. Using a normative juridical approach, the research analyzes the execution rights of secured creditors, particularly holders of security rights, within the framework of prevailing bankruptcy law. The findings reveal that although secured creditors enjoy privileged rights, their enforcement is subject to strict legal procedures, including a 90-day execution moratorium following the bankruptcy ruling. These results highlight a shift in Indonesian bankruptcy law toward a more responsive and adaptive system, functioning not only as a debt resolution mechanism but also as an instrument to maintain economic balance and social justice Keywords: Bankruptcy; Separatist Creditors; Mortgage Rights
The Effect of Rehabilitation Exercises Using DRX9000 Spinal Decompression Device on the Rehabilitation of Lower Back Pain in Athletes Who Use Wheelchairs Abdullah, Ali
Pubmedia Jurnal Pendidikan Olahraga Vol. 3 No. 1 (2025): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jpo.v3i1.2150

Abstract

Sports injuries are considered a significant issue for athletes in general and for individuals with disabilities in particular, as they represent a major factor affecting the physical performance of disabled individuals who engage in sports and physical activities. People with disabilities already experience limitations and reduced mobility due to their impairments, which increases their risk of injury during physical activity, whether from improper movements or actions that exceed their natural physical capacity. One common injury among wheelchair users in various sports is lower back pain, characterized by the onset of pain and limited mobility in the lumbar region. This condition can impede athletic performance, leading to temporary cessation of sports activities until the pain subsides. Recurrent episodes may result in complications or more severe injuries. Even minor lower back pain, if not addressed with appropriate medical and therapeutic measures, can develop into a serious condition. Through a review of existing literature, the researcher observed that current rehabilitation and treatment programs for lower back injuries may not adequately meet the specific needs of individuals with disabilities. Therefore, the researcher designed a set of exercises tailored to the physical capabilities of wheelchair users, incorporating the programmed spinal traction device (DRX9000) and additional assistive tools, under the supervision of a specialized orthopedic physician and physiotherapy experts.
Responsibility in Transfer of Workers' Wages Limited Liability Company Bankruptcy Abdullah, Ali; Jum Anggriani; Yongky Putut Angki Anata
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1088

Abstract

The issue of responsibility in the transfer of workers' wages in a limited liability company that is bankrupt is an important issue in employment and bankruptcy law. When a limited liability company (PT) is declared bankrupt, there are significant challenges related to workers' rights, especially regarding unpaid wages. This study aims to analyze the legal responsibility in the transfer of workers' wage payment obligations from a bankrupt company to other parties, such as a third party or a replacement company. The methodology of this study uses a qualitative approach with case studies of several companies that are bankrupt. Data were collected through literature reviews, interviews with legal practitioners, and analysis of applicable laws and regulations. The findings of this study indicate that responsibility in the transfer of workers' wages depends not only on existing legal provisions, but also on the agreement between the parties involved in the bankruptcy process. The results of this study reveal that in practice, the transfer of responsibility for workers' wages often creates uncertainty for workers, especially in terms of certainty of payment. Recommendations provided include the need for clearer regulations regarding the transfer of wage obligations, as well as increasing legal protection for workers affected by company bankruptcy.
Problems of Using a Power of Attorney to Sell in the Transfer of Limited Liability Company Assets (Case Study Decision Number: 472/Pid.B/2023/Pn Tjk) Abdullah, Ali; Syahpri Kholik
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1294

Abstract

The role of a Notary as a public official is very important and must be able to provide counseling and take the right steps in making authentic deeds by ensuring the formal truth of a legal act, especially a legal act in this case is the transfer of company assets based on a power of attorney to sell and without the approval of the General Meeting of Shareholders. Where the transfer of company assets should refer to the company's articles of association and Law No. 40 of 2007 concerning Limited Liability Companies. The problem raised is the validity of the power of attorney to sell in the transfer of company assets and without the approval of the General Meeting of Shareholders. The research method used is normative legal research, using secondary data consisting of primary, secondary and tertiary legal materials. This study uses a descriptive-analytical data analysis method with a qualitative approach. The results of this study are that if the subjective requirements in making a deed are not met, where the provisions in Article 1320 of the Civil Code must meet the requirements of competence in granting the power of attorney to sell, then the transfer of the asset can be cancelled. A Notary, in carrying out his duties, must be careful, thorough and adhere to the UUJN-UUPJN and KEN.
The Substantive Rights of Heirs and Administrative Barriers in Indonesian Banking Practices La Ode, Muhamad Taufik; Abdullah, Ali
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.11

Abstract

This article explores the normative-institutional discrepancy between the declarative nature of Article 833 of the Indonesian Civil Code and the administrative practices of financial institutions in the execution of inheritance rights within Indonesia’s national legal system. Legally, heirs acquire their rights automatically upon the decedent’s death, without requiring court confirmation or formal recognition. In practice, however, banks often impose excessive procedural requirements, such as requesting additional documents or withholding funds without a clear legal basis. This study adopts a normative legal method, analyzing statutory provisions, doctrinal interpretations, and illustrative case studies. The findings highlight the urgent need for regulatory harmonization between inheritance law and financial administrative procedures in Indonesia. The article also emphasizes the strategic role of notaries as legal intermediaries who ensure the enforceability of inheritance rights through authentic documentation. It concludes that heirs’ legal protection must be strengthened by upholding the principles of legality and substantive justice within the financial sector.
LEGAL PROTECTION FOR SHARE TRANSFERS: THE ROLE OF DERIVATIVE ACTION LAWSUITS IN DEFENDING SHAREHOLDER RIGHTS Asih, Ayu Lestarining; Abdullah, Ali
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7605

Abstract

This research examines the legal complexity of share transfer in Indonesia, focusing on derivative action as an instrument for protecting shareholders' rights. This research is strictly limited to the Indonesian legal framework and does not involve comparative analysis with foreign jurisdictions. The methodological scope is also limited to a normative juridical approach, relying solely on statutory analysis, doctrinal studies, and jurisprudence without conducting empirical data collection or field-based validation. The study aims to analyze the legal construction of share transfer, identify juridical challenges, and evaluate the effectiveness of derivative action in protecting minority shareholders' interests. Utilizing a normative juridical method, the research investigates legislation, legal literature, and relevant jurisprudence. Findings reveal that derivative action is a complex legal mechanism transforming corporate governance, providing space for minority shareholders to protect corporate interests from potential abuse. The research uncovers significant implementation challenges, including evidence complexity and structural resistance. The conclusion emphasizes the need for regulatory framework improvement, strengthening judicial institutions' capacity, and enhancing legal literacy to create an effective and just legal protection system.Keywords: Share Transfer, Derivative Action, Legal Protection
Paradigm Shift in the Concept of Democracy in Decision Making within Individual Companies Ali Abdullah; Diani Kesuma; Maria Regina Ivana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5221

Abstract

To enhance economic growth in Indonesia, active community participation through the establishment of companies is crucial. Various types of companies, both non-legal entities and legal entities, exist to meet business needs, including Micro, Small, and Medium Enterprises (MSMEs). With the introduction of the Individual Company concept in Law No. 11 of 2020 on Job Creation, significant changes have emerged in the structure and decision-making mechanisms. The Individual Company allows individuals to establish a business with just one shareholder, eliminating the minimum capital requirement and the need for multiple founders. This shift impacts the democratic principles of decision-making, where strategic decisions are entirely in the hands of one individual, potentially reducing accountability and transparency. This research employs a normative research method. The findings indicate that the Job Creation Law introduces individual companies in Indonesia, allowing individuals to establish companies without partners and removing the minimum capital requirement. This supports Micro and Small Enterprises (MSEs) and emphasizes legal equality in shareholder decisions, despite implementation challenges related to the role of the General Meeting of Shareholders (GMS). The elimination of the GMS and Board of Commissioners in Individual Companies grants absolute power to the single shareholder, increasing the risk of abuse of power. While decision-making becomes more efficient, the lack of control may lead to legal issues and ineffective governance.
Legal Protection for Notaries in Reporting Money Laundering Crimes Using the Whistleblower Protection Model in Indonesia Ali Abdullah; Suhendar; Rini Meliana; Muhammad Sirajuddin Qahtan Hamdan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7114

Abstract

The notary profession, as a public official authorized to create authentic deeds, is often vulnerable to money laundering cases due to the complexity of client transactions that cannot be fully verified. This study aims to analyze the concept of legal protection for notaries in money laundering cases and optimize the role of whistleblower protection as an effective protection instrument. The research method uses a normative juridical approach with an analysis of laws and regulations, court decisions, and comparative studies of protection systems in other countries. The results show that existing legal protection mechanisms, such as the approval of the Regional Notary Honorary Council (MKNW) and the Witness and Victim Protection Law, are still weak because they are procedural and unresponsive to the complexity of money laundering cases. Notaries face a dilemma between the obligation to report suspicious transactions and the principle of client confidentiality, plus the application of the burdensome principle of reverse burden of proof. Optimizing whistleblower protection requires the reconstruction of a comprehensive legal framework through regulatory amendments, including the Criminal Procedure Code (KUHAP) and other regulations to provide protection for notaries. This can be done by establishing a Legal Profession Protection Agency, developing special reporting protocols, and an inter-institutional integration system. The ideal protection model should provide legal immunity for whistleblowers in good faith, guarantee identity confidentiality, and a compensation mechanism for notaries who suffer losses due to the implementation of professional obligations.
Upaya Perlindungan Hukum bagi Pihak Ketiga yang Asetnya Termasuk dalam Harta Pailit Violenza Alif; Ali Abdullah; Dian Purwaningrum
Jurnal Hukum Lex Generalis Vol 6 No 12 (2025): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i12.2378

Abstract

Such actions by the curator could potentially fall under the category of unlawful acts (PMH) as stipulated in Article 1365 of the Civil Code. These actions are considered unlawful if they are carried out without a clear legal basis and without adequate verification of ownership. To be declared an unlawful act, the following elements must be fulfilled: the existence of an act, the act is unlawful, there is fault, loss has been incurred, and there is a causal relationship between the act and the loss incurred. This phenomenon indicates a gap between norms and practices in the administration of bankruptcy. The definition of the descriptive analytical method is a method that serves to describe or provide an overview of the object being studied through data or samples that have been collected as they are, without conducting analysis and making conclusions that apply to the general public. The curator's action of including third-party assets in the bankruptcy estate without a valid legal basis constitutes an unlawful act (PMH). This action violates the principles of property rights protection and legality in civil and bankruptcy law. The curator must ensure that the assets included in the bankruptcy estate truly belong to the debtor based on strong and valid legal evidence. Legal protection for third parties whose assets are included in the bankruptcy estate can be sought through commercial court proceedings, such as other lawsuits (Article 217 of the Bankruptcy Law) or third-party opposition (derden verzet). Third parties acting in good faith can submit proof of legal ownership through official documents such as a Sale and Purchase Agreement (PPJB), Deed of Sale and Purchase (AJB), or proof of full payment for the disputed object. Supreme Court Decision Number 311 K/Pdt.Sus–Pailit/2024 shows that the Supreme Court is increasingly consistent in providing protection for the property rights of third parties who have no debt relationship with the bankrupt debtor. This sets an important precedent in bankruptcy practice in Indonesia to prevent curators from exceeding their authority.
UPAYA HUKUM DAN PEMULIHAN HAK SAHAM MINORITAS PASCA PUTUSAN PENGADILAN: STUDI ATAS PERLINDUNGAN INVESTOR DI INDONESIA Abdullah, Ali; Liesmawati, Liesmawati
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7869

Abstract

Restoration of minority shareholder rights in private limited companies is often ineffective, despite court decisions confirming a breach of fiduciary duty. This situation indicates a gap between the legal protection norms in Law Number 40 of 2007 concerning Limited Liability Companies and their implementation in practice. This study analyzes the effectiveness of the mechanism for restoring minority shareholder rights following a court decision. The results show that court decisions are generally declarative and poorly enforced, making them difficult to implement. Key obstacles include resistance from majority shareholders, weak institutional coordination, and low transparency in private companies. This study recommends the formulation of more operational rulings, strengthening implementation oversight, and integrating legal technology with a restorative justice approach. Using a juridical-empirical approach, this study contributes to strengthening legal protection for minority shareholders and increasing legal certainty in corporate practice.Keywords: Minority Shareholders, Fiduciary Duty, Legal Remedies
Co-Authors Agus Suharyanto Ahmad Dahlan Amallia, Ainun Asih, Ayu Lestarining Bagus Setyo Sulaksono Dian Purwaningrum Diana Kesuma Diani Kesuma Diani Kesuma, Diani Dina Rahmawati Dwi Putri Cahyawati, Dwi Putri Edi Tarsono Eka Putri, Pritie Anissa Eko Andi Suryo ELSA FEBRIANI Fahriani, Ipak Febrianto, Satria Fitra, Deni Gracia, Esmeralda Aurelia Hendra Setiawan Siburian Jum Anggriani Jum Anggriani Liesmawati, Liesmawati Maria Regina Ivana Muh. Taufik LaOde Muhammad Sirajuddin Qahtan Hamdan Nadhifa Putri Kinasih Novelza Restu Ayu Putri Prasetyo, Yunan Ramadhan, Ardian Ganet Rini Meliana RR Utji Sri Wulan Wuryandari Rusmawati, Nurlia Subagyo, Panca Suhendar Suwarsit Syahpri Kholik Tarsono, Edy Triwulandari, Endah Violenza Alif Yongky Putut Angki Anata Yoyo Arifardhani Yunianti, Devi Zahra, Nabilla Zulfadli Barus