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Henry Aspan

Faculty Of Social And Science, Universitas Pembangunan Panca Budi, Indonesia

Author-ID : 5496978

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STRATEGI PEMERINTAH DALAM MENEKAN WANPRESTASI DALAM PENGADAAN KAPAL Henry Aspan
Public Service and Governance Journal Vol. 4 No. 1 (2023): Januari: Public Service and Governance Journal
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/psgj.v4i1.809

The sale and purchase of ships carried out by institutions with Indonesian citizenship and foreign countries must pay attention to various basic principles regulated by the government. These basic principles are used and must be established for the preparation of a contract so that the parties avoid things that can harm both the seller and the buyer in terms of administration in government. The administration of buying and selling ships is included in the class of buying and selling goods whose legality of ownership must be in accordance with the standards set by the government. When buying and selling or procurement contracts are regulated based on international private law which contains several theories related to the preparation of an agreement or contract. If a ship purchase agreement does not fulfill one of the administrative elements set by the government, the agreement is considered invalid or canceled. The validity of an agreement that has been made by the parties according to Gunawan Wijaja, namely the agreement must contain validity, both the validity of which is questioned by one of the parties or other matters. In implementing the sale and purchase agreement of ships between Indonesia and foreign countries, it must be by the provisions of the sale and purchase agreement that has been determined, which can refer to agreements in international private law. It is hoped that the government of both Indonesia and foreign countries can make a wise decision in determining the cancellation of an agreement by examining or exploring further the causes of the cancellation of the sale and purchase agreement.

A Review Model Of Pailit Decision By The Niaga Court Muhammad Edwin Syahputra Lubis; Henry Aspan; Tamaulina Br. Sembiring
Jurnal Info Sains : Informatika dan Sains Vol. 13 No. 02 (2023): Jurnal Info Sains : Informatika dan Sains , Edition September 2023
Publisher : SEAN Institute

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

Bankruptcy law in Indonesia is regulated by Undang-Undang Nomor 37 Tahun 2004. Bankruptcy occurs when a debtor is unable to pay their overdue debts. A bankruptcy court decision results in a public seizure of the debtor's entire estate. In Case Nomor 2/Pdt.Sus-Pailit/2018/Pn.Niaga.Mdn, PT. Tri Murti Perkasa and Hotmaulin Simare-Mare, filed a bankruptcy petition against PT. Pro Mekanika Indonusa. The second petitioner also claims a debt from the company. The judge ruled for bankruptcy against PT. Pro Mekanika Indonusa, and Balai Harta Peninggalan (BHP) Medan was appointed as the Curator. Legal consequences of bankruptcy include the debtor losing control over their assets, the appointment of a supervising judge and curator, and the judge deciding on costs. The legal process must meet legal requirements and consider juridical, philosophical, and sociological considerations. To enhance the efficiency of the bankruptcy process, it is necessary to revise bankruptcy legal regulations, supervising judges and curators must maintain transparency, and the panel of judges must carefully examine evidence to avoid baseless lawsuits.

THE AUTHORITY OF ANESTHESIA TECHNICIANS IN CONDUCTING ANESTHESIA PRACTICES REVIEWED IN LIGHT OF MINISTER OF HEALTH REGULATION NUMBER 18 OF 2016 REGARDING THE LICENSING AND IMPLEMENTATION OF ANESTHESIA TECHNICIAN PRACTICES (A STUDY AT MELAWI DISTRICT GENERAL HOSPITAL, WEST KALIMANTAN) Alief, Muhammad; Rafianti, Fitri; Aspan, Henry
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 1 (2024): April 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i1.33661

This study aims to evaluate the clinical authority of anesthesia providers in relation to Health Regulation No. 18/2016 and its implementation at Melawi Regional General Hospital. Anesthesia services in Indonesia are performed by anesthesiologists and anesthetists. The government issued Minister of Health Regulation Number 18 Year 2016 on Anesthesia Practice Permits and Implementation to clarify the responsibilities of anesthesiologists in performing such medical actions. In addition, nowadays, it is highly recommended that all hospitals be accredited to measure public safety and service quality. As part of the accreditation process, all medical professionals will be required to provide evidence of proficiency by demonstrating their credentials. Therefore, the purpose of this study is to determine the clinical authority of anesthesia providers in relation to Health Regulation Number 18 Year 2016 and its implementation. Examining Health Regulation No. 18/2016 on the License to Practice and Implementation of Anesthesia, this research uses a normative juridical analytical approach. The legal review was conducted by referring to several legal materials and expert opinions. The results showed that the authority of the anesthesiologist at Melawi Regional General Hospital is in accordance with Permenkes No. 18 of 2016. The research also noted that the procedure for delegation of authority from anesthesiologist to anesthesiologist is carried out with Standard Operating Procedures that have been determined by the Melawi Regional General Hospital. Keywords: Anesthesiologist; Authority; Implementation.

JAWAN RESPONSIBILITY PROVIDING PKWT COMPENSATION AT PT SOCFINDO PERKEBUNAN TANAH GAMBUS Etty Uyun; Henry Aspan
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.328

The legal basis for the company's obligation to provide compensation to PKWT workers lies in government regulation number 35 of 2021, the Job Creation Law as an implementing regulation. The service period for PKWT employees who will be extended can be compensated according to existing regulations after the PKWT period of at least one year ends. This article aims to determine the implementation of PKWT compensation by companies to their employees as regulated in statutory regulations. The research method that the author uses is empirical which is carried out using data collection methods through interview techniques with sources and distributing questionnaires. This article has been prepared systematically in accordance with the results and discussion of the author's research. The results of this research are PT. Socfindo Perk.Tanah Gambus has tried to implement regulations regarding compensation but they have not been fully implemented.

LEGAL STUDY ON THE ESTABLISHMENT OF A FOUNDATION AS A LEGAL ENTITY LEGAL ANALYSIS NUMBER 28 OF 2004 CONCERNING FOUNDATIONS Sardi; Henry Aspan
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.351

This research was carried out with the aim of finding out the objectives of a foundation as a private legal entity according to Law Number 28 of 2004 and what are the requirements for establishing a foundation as a legal entity. By using normative juridical research methods, it can be concluded: 1. The aims of foundations as private legal entities according to Law Number 28 of 2004 are social, religious and humanitarian. Social goals: establishing formal and non-formal education, orphanages, retirement homes, nursing homes, hospitals, polyclinics and laboratories. Religious objectives: establishing facilities for worship, receiving and distributing alms. Humanitarian goals: providing assistance to victims of natural disasters, providing assistance to the homeless, the poor and homeless, preserving the environment. What are the requirements for establishing a foundation as a legal entity? How is the legal study aimed at establishing a foundation as a legal entity? Analysis of Law Number 28 of 2004 concerning Foundations? namely: founded by one or more people; there is wealth that is separated from the wealth of the founder; must be done with a notarial deed and made in Indonesian; must obtain approval from the Minister of Law and Human Rights; announced in the Supplement to the State Gazette of the Republic of Indonesia; must not use a name that has been legally used by another foundation, or is contrary to public order and/or morality; The name of the foundation must be preceded by the word "Foundation".

IMPLEMENTATION OF LECTURER PERFORMANCE: THROUGH CAREER PATHS AND WORK ENVIRONMENT ON PRIVATE LECTURERS IN MEDAN CITY Henry Aspan; Rozaini; Ari Prabowo; Dian Mahardi Lestari
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 6 No. 1 (2024): 7th IHERT (2024): IHERT (2024) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v6i1.379

Lecturer performance is not only limited to teaching activities, but also includes research, scientific publications, and community service. According to government regulations, lecturers are expected to be able to make significant contributions in these three aspects to fulfill the Tri Dharma of Higher Education. The purpose of this study was to determine and analyze the partial and simultaneous influence of career path and work environment variables on private lecturer performance in Medan City. The analysis used is associative analysis, this research method is quantitative. The population in this study were all lecturers at 23 private universities in Medan City. The sampling method used the probability sampling method with the simple random sampling technique. So the sample in the study was directly determined to be 120 private lecturers in Medan City. The results obtained from this study indicate that: 1) Career path partially has a significant effect on private lecturer performance in Medan City, 2) Work environment partially has a significant effect on private lecturer performance in Medan City. 3) Career path and work environment simultaneously have a significant effect on private lecturer performance in Medan City. The adjusted R square value of 0.744 can be called the coefficient of determination, this means that 0.744 (74.4%) of lecturer performance can be obtained and explained by career path and work environment while the remaining 25.6% (100% - 74.4% = 25.6%) is explained by variables outside the model that are not studied.

Analysis of The Effect of Institutional Ownership Profitability, Sales Growth And Leverage On Tax Avoidance On Construction Subsector Companies Listed On The Indonesia Stock Exchange indrawan, muhammad isa indrawan; Rindi Andika; Abdul Razak Nasution; Henry Aspan; Solly Aryza
Journal Of Management Analytical and Solution (JoMAS) Vol. 1 No. 3 (2021): Journal Of Management Analytical and Solution
Publisher : TALENTA Publisher, Universitas Sumatera Utara

This study aims to analyze the Effect of Institutional Ownership, Profitability, Sales Growth, and Leverage Against Tax Avoidance In Construction Subsector Companies listed on the Indonesia Stock Exchange in 2017 â€“2019, this research consists of 16 Construction Subsector companies listed on the Stock Exchange Indonesian Effect. by using the type of associative research analysis with data design the panel is a combination of time series data and cross-sectional data. The type of data used is panel data (pooled data), Regression analysis panel data with Fixed Effect Model (FEM) estimation method and reviews 10 SV programs. Hypothesis testing carried out is the Coefficient of Determination Test (R Square), F Test, and t-test. The results of the study show that the institutional ownership variable affects negative and positive effects on tax avoidance, Profitability Variable positive effect, and positive effect on tax avoidance. Variable Sales growth has a positive and positive effect on tax evasion. Leverage has a negative and positive effect on tax evasion.

Legal Analysis of Criminal Regulations in Cases Criminal act Child Abuse Under Law Child Protection Act Maekal Ananta Pratama Ginting; Hasdiana Juwita Bintang; Henry Aspan
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.198

In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, there is an article that prohibits obscene acts, which is regulated in Article 76E which reads: "Everyone is prohibited from committing violence or threats of violence, coercing, committing tricks, committing a series of lies, or persuading children to commit or allow obscene acts to be committed." Furthermore, Article 76D which reads: "Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person This research was conducted with the aim of finding out how to protect the law for children who are victims of criminal acts of obscenity and how to prove and apply the law to criminal acts of obscenity committed by children. . The research method conducted in this study is a normative juridical research method so that it can be concluded as follows: 1. Child protection is regulated in Law Number 23 of 2002. In addition to Law No. 23 of 2002 concerning Child Protection in protecting victims of child molestation, Law No. 13 of 2006 concerning the Protection of Witnesses and Victims can also protect victims of child abuse and victims of other criminal acts.2. Evidence in the crime of obscenity uses evidence in accordance with the Criminal Code. The valid evidence according to Law No. 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of witness statements, expert statements, letter of recommendation, and information of the defendant. In the application of the law against child molesters, Article 82 of Law Number 23 of 2002 concerning Child Protection can be applied by using the mechanism and system of child justice, namely Law Number 11 of 2012 concerning the Child Criminal Justice System.

Legal Mechanisms for Business Accountability: A Comparison of Soft and Hard Law in Indonesia Aspan, Henry; Rosli, Rozaini; Fadlan, Fadlan; Irawati, Irawati
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.59273

This research investigates the legal mechanisms for business accountability in the context of Corporate Social Responsibility (CSR) in Indonesia through a comparative study of soft and hard law approaches. The study aims to evaluate the effectiveness of these approaches in promoting business accountability within the Indonesian framework. The research methodology relies on secondary data analysis, including a comprehensive review of existing legal frameworks and regulations related to CSR, as well as an examination of relevant case studies and empirical data. The findings reveal that hard law, characterized by binding regulations and clear sanctions, is more effective in promoting business accountability. However, soft law plays a vital role by offering guidance and incentives for companies to adopt broader social responsibility practices. Cultural factors, the legal environment, and the roles of the government and civil society organizations influence the effectiveness of these approaches. The study highlights the importance of combining hard and soft law approaches in CSR regulation. Recommendations include strengthening monitoring and enforcement by government agencies, offering more substantial incentives, and creating a supportive legal environment. Additionally, companies should understand and respect local culture and commit to anti-corruption efforts. Collaborative efforts among the government, businesses, and civil society are essential for establishing a more sustainable and accountable business environment in Indonesia.

KAJIAN HUKUM TERKAIT PERAN BADAN PERMUSYAWARATAN DESA DALAM PEMBENTUKAN DAN MEKANISME PENYUSUNAN PERATURAN DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA (STUDI KASUS DI DESA BANYUMAS KECAMATAN STABAT KABUPATEN LANGKAT) Mahya, Husna; Aspan, Henry; br. Sembiring, Tamaulina
Jurnal BATAVIA Vol 1 No 5 (2024): SEPTEMBER
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/batavia.v1i5.91

Urgensi pembentukan undang-undang desa adalah untuk memberdayakan masyarakat desa agar dapat berkontribusi dalam pencapaian pembangunan nasional. Desa berperan sebagai agen pemerintah terdepan yang dapat menjangkau kelompok masyarakat yang memerlukan kesejahteraan melalui peraturan desa. Penelitian ini bertujuan untuk: 1) Mengetahui peran Badan Permusyawaratan Desa dalam proses pembentukan serta mekanisme penyusunan peraturan desa sesuai peraturan perundang-undangan, 2) Memahami prosedur pembentukan dan mekanisme penyusunan peraturan desa berdasarkan Undang-Undang Nomor 6 Tahun 2014 tentang Desa, dan 3) Mengidentifikasi faktor-faktor yang menghambat peran Badan Permusyawaratan Desa dalam pembentukan dan penyusunan peraturan desa, serta upaya untuk mengatasinya. Hasil penelitian menunjukkan bahwa peraturan desa yang ditetapkan oleh kepala desa setelah dibahas dan disetujui bersama Badan Permusyawaratan Desa, seperti di Desa Banyumas, Kabupaten Langkat, merupakan bagian dari peraturan perundang-undangan daerah yang disusun sesuai dengan Peraturan Daerah Kabupaten/Kota yang berlaku.

Co-Authors Abdul Rahman Maulana Siregar Abdul Razak Nasution Ade Syafitri Agus Adhari Ahmad Junaidi Alief, Muhammad Amanda Dwi Priaguna Ami Natuz Zahara Ami Natuz Zahara Amlan, Amlan Andi Fahri Hasibuan Andoko , Andoko Anggy Auliawan Ansori Maulana Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Bambang Fitrianto Beby Sendy Berton Lumban Tobing Chandra Dewi Dahlan Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua Depari, Jon Heder Dhermawan, M. Ryan Dian Mahardi Lestari Dina Andiza Dira Dinda Alti Doly Amanda NST Duma Milanta Dwi Faradina Eddy Sumardi Eko Sahputra Endang Suhendra Etty Sri Wahyuni Etty Uyun Etty Uyun Fadlan Fadlan Fitria Ramadhani Siregar Fitria Ramadhani Siregar Freddi Agus Hutapea Ginting, Gloria Gita Putri Gloria Gita Putri Ginting Gunawan Gunawan H. Dahlan Halim, Gusni Hardi Hermawan Hasdiana Juwita Bintang Hasdiana Juwita Bintang Henky Dalimunte Henny Saida Flora Herman , Herman Hotman Manullang Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Juli Purwanti Kiki Farida Ferine Lestari Lamindo Limbong Lestari, Dian Mahardi Listra Sembiring M. Ramadhan S. M. Tartib Maekal Ananta Pratama Ginting Maharani Maharani, Maharani Mahya, Husna Mariana Zhuo Marice Simarmata Mariduk Lumban Tobing MHD AZHALI Siregar Mhd. Azhali Siregar Muhammad Ari Syahputra Muhammad Arif Sahlepi Muhammad Aulia Amir Batu Bara Muhammad Azhali Siregar Muhammad Edwin Syahputra Lubis Muhammad Fauzy Daulay Muhammad Husni Dalimunthe Muhammad Iqbal Anwar Muhammad Juang Rambe Muhammad Riza Murnita, Eva Mutia Octavia Ngaliman Ngaliman Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Pirma Ivan Ricky Manurung Priyatna, Escha Gusnadhi Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Putri Shabrina, Shoniya Dwi Rafianti, Fitri Rahmad Mirad Ramadhan, Faris Rambe, Dinda Fadilah Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Rifa Zulkarnain Rina Hartaci Nasution Rindi Andika Riska Febria Afrila Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini Rozaini Rozakiya, Aliftha Rumengan, Angelina E. Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sulyaprilawati Battri Siahaan Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tarigan, Egi Christianta Tarigan, Hendra Julianto Marselinus Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wau, Hilbertus Sumplisius M. Yahya Tanjung Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zarzani, Riza Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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