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All Journal YUSTISI Jurnal Hukum Sasana Yustisi: Jurnal Hukum dan Hukum Islam Jurnal Pengabdian Kepada Masyarakat Journal of Community Service JUSTICES: Journal of Law Jurnal Hukum dan Sosial Politik Asian Journal of Law and Humanity TONGKONAN: Jurnal Pengabdian Masyarakat Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Jurnal Relasi Publik Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Deviana Yuanitasari
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Pilihan Domisili Yurisdiksi Dalam Permohonan PKPU Berdasarkan Asas Lex Specialis Derogat Legi Generalis Diana Ayu Mardiani; Muhammad Eko Prasetiyo; Nyulistiowati Suryanti; Deviana Yuanitasari
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.1898

Abstract

The parties can determine the content of the agreement, including regarding dispute resolution, which includes the choice of domicile jurisdiction agreed upon and binding for the parties. However, a conflict arises when the Commercial Court, which lacks authority, grants a PKPU petition due to the jurisdiction choice stipulated in the agreement. The research method used in this legal study is a normative juridical research method. The purpose is to understand the position of the Bankruptcy and PKPU Law with the clauses binding for the parties. The result of this research is that Law Number 37 of 2004 concerning Bankruptcy and PKPU is a lex specialis, so the law also does not provide a choice of law in bankruptcy and PKPU petitions. In PKPU cases, the Commercial Court is not subject to the choice of law and authority regulated in the agreement.
Permasalahan Hukum Usaha Neynis Food Ditinjau Dari Peraturan Menteri Perdagangan Nomor 71 Tahun 2019 Tentang Penyelenggaraan Waralaba Nicholas Firman Rafael Napitupulu; Raden Muhammad Fadly Latief Ashshiddiq Prawirawinata; Nyulistiowati Suryanti; Deviana Yuanitasari
Jurnal Relasi Publik Vol. 2 No. 1 (2024): Februari : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i1.2117

Abstract

Franchising is a business system carried out by two parties, namely the Franchisor and the Franchisee, in which the Franchisor grants license rights to the Franchisee based on the Agreement. This Franchise Agreement is a legal basis that is made in writing. In order for a business to be said to be a franchise, it must follow the criteria specified in the regulations, one of which is registering the prospectus of the franchise agreement and ownership of the Franchise Registration Certificate. However, in reality, in this case Neynis Food, has not registered its business with the state, but has claimed itself as a business that opens a franchise. Therefore, the author conducts research to obtain an overview of the legal consequences that occur if the Franchisor does not register its franchise and legal protection for Franchisees. This paper is made using the normative juridical research method. This research is conducted by investigating secondary data, which means that this research examines the laws that apply to society and their implementation in practice. The results of the research on this issue show how the implementation of Indonesian laws and regulations on franchising practices in Indonesia and it is known that the Neynis Food business cannot be qualified as a franchise, and if it continues to claim itself as a franchise, then the business can be said to be illegal because it does not fulfill the elements of franchising regulated in Permendag 71 of 2019.
Permohonan Pailit Terhadap Anak Perusahaan Badan Usaha Milik Negara : (Studi Kasus PT Indonesia Power) Nabilla Syafira; Elisatris Gultom; Deviana Yuanitasari
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2084

Abstract

In debt and credit problems, bankruptcy is often the last solution to resolve the problem. State-Owned Enterprises or SOEs are also not immune from debt and credit problems that lead to bankruptcy. The regulation regarding the bankruptcy of SOEs itself is regulated in Article 2 Paragraph (5) of the Bankruptcy Law and its explanation. However, problems then arise when the subsidiaries of SOEs become bankruptcy respondents. There is no legislation that specifically regulates the bankruptcy of SOEs Subsidiaries, so this has led to confusion and debate in the community regarding the status of SOEs Subsidiaries in terms of bankruptcy. The ambiguity and debate can be seen in the implications of the bankruptcy petition case filed by the Kinarya Liman Margaseta Consortium against PT Indonesia Power, which is a Subsidiary of SOEs, namely PT PLN. This research aims to find out how the position of a SOEs Subsidiary in terms of bankruptcy is reviewed from the Bankruptcy Law and SOEs Law. The type of research used in this research is normative legal research. The research specifications used in this research are descriptive analysis. The approach used in this research is a statutory approach and case approach. Based on the results of this case study, it can be seen that when viewed from the Bankruptcy Law and the SOEs Law, basically the subsidiaries of SOEs and SOEs cannot be equated in status and position. This is supported by several theories and strengthened by the Constitutional Court Decision and the Supreme Court Decision. Thus, PT Indonesia Power's bankruptcy petition should be filed by its creditors in addition to the Minister of Finance.
Urgensi Pembentukan Lembaga Pengawas Eksternal Yayasan di Indonesia Untuk Mengatasi Penyelewengan Muhammad Ath-Thariq Pratama; Nurhidayah Muhcti; Nyulistiowati Suryanti; Deviana Yuanitasari
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2181

Abstract

This research examines the regulation of remuneration for Foundation executives in Indonesia, focusing on legal aspects and its implementation. As Foundations evolve to support social, religious, and humanitarian objectives, cases of misappropriation of Foundation funds have emerged, highlighting the need for tighter oversight. Through a normative juridical approach and descriptive analysis, this study details the issues surrounding remuneration regulations, emphasizes instances of financial misconduct, and discusses the importance of establishing an external supervisory body or regulatory changes. The implementation of Good Corporate Governance and Good Cooperative Governance principles within the Foundation context is also explored. This research responds to the need for integrity, transparency, and accountability in Foundation management to achieve the humanitarian goals they undertake. The conclusion underscores the necessity for further action, including the establishment of an external supervisory body or regulatory strengthening.
Analisis Hukum terkait Restrukturisasi BUMN melalui Konsolidasi Pembentukan Bank Syariah Indonesia: Aspek Regulasi dan Pengawasan Sela Sulaksmi Widyatamaka; Assyura Zumarnis; Nyulistiowati Suryanti; Deviana Yuanitasari
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 1 (2024): Februari : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i1.839

Abstract

This research was made to find out how the application of law in the banking consolidation system which is the embodiment of a company owned by a State-Owned Enterprises (SOEs). Consolidation is the process of merging two or more companies to form one new company where the old company that has merged will disappear as a legal effect, such as Bank Mandiri Syariah, Bank BRI Syariah, and Bank BNI Syariah forming Bank Syariah Indonesia. With the consolidation mechanism, new legal consequences arise that will become the basis for running the consolidated banking operational system. The method used in this research is normative juridical with analytical descriptive aspects as the basis for assessing legal concepts in the research. Based on the results of the research, the consolidation of Islamic banking uses the same mechanism system as a limited liability company as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, Islamic banking has different aspects of supervision from conventional banking in general. In addition, Bank Syariah Indonesia Tbk as an Islamic bank has also achieved the goals of a SOEs as mandated by law.
Tanggung Jawab Direksi PT Taspen Berdasarkan Hukum Positif Di Indonesia Ditinjau Dengan Prinsip Good Corporate Governance (GCG) Dhaifina Fadhilah Alyani; Nathania Raissa Putri Rungamali; Nyulistiowati Suryanti; Deviana Yuanitasari
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 1 (2024): Februari : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i1.862

Abstract

A state-owned company has an obligation to implement the principles of Good Corporate Governance (GCG) in order to realize a company that is clean from Ultra Vires actions. However, over time, there are some parties who are not responsible for implementing the GCG principles. The purpose of this research is to see how the responsibility of the Board of Directors towards the implementation of GCG principles and to examine the extent to which the implementation of GCG principles in PT Taspen is carried out. This research uses a normative research method which in its research uses three (3) approaches, namely; statute approach, conceptual approach, and case approach. The intended results are to determine the responsibility of the Board of Directors for the application of GCG principles and to determine the extent to which GCG principles are applied in PT Taspen.
FULFILLING CONSUMER RIGHTS FOR MSMES IN CIBOGO VILLAGE AS AN EFFORT TO INCREASE TOURIST ATTRACTION Rafan Darodjat; Deviana Yuanitasari; Helza Novianty
Journal of Community Service Vol 6 No 1 (2024): JCS, June 2024
Publisher : Ikatan Dosen Menulis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56670/jcs.v6i1.225

Abstract

Cibogo Village has great tourism potential due to its location in North Bandung, at the foot of Mount Tangkuban Perahu. Service activities aim to inspire MSMEs, communities, and village officials to enhance tourism potential by considering tourists as consumers whose rights need to be fulfilled. Hospitality, quality products, and a harmonious community environment will attract tourists. This collective effort by the entire community is necessary to create a unique attraction. The service activities are implemented through counseling and mentoring by the PPM Team, integrated with Unpad Student KKN activities. The team intensively assists 15 MSMEs in Cibogo Village. The research results indicate an increase in tourist attraction in Cibogo Village following the promotion of consumer rights. The study demonstrates that promoting consumer rights can enhance tourist attraction by increasing MSMEs' knowledge and understanding of these rights and building consumer trust in the products and services offered by MSMEs in Cibogo Village.
Analisis Hukum Mengenai Pertanggungjawaban Korporasi Dalam Kasus Tindak Pidana Oleh PT Asuransi Jiwasraya Arya Jayadiningrat; Boris William Octaviano; Nyulistiowati Suryanti; Deviana Yuanitasari
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1624

Abstract

The term "corporation" is defined broadly in positive criminal law, beyond the limits of the conception of legal entities in civil law. This interpretation includes organized entities involving persons and/or assets, whether or not they have the status of legal entities. Corporate crime has not been explicitly regulated in the Indonesian Criminal Code which refers to the Continental European legal system. The main focus of Continental European criminal law is more inclined to individual responsibility than corporate entities. In contrast, in the Anglo-Saxon legal system, corporate liability in criminal cases is explicitly discussed. However, changes in Indonesian legal views show a shift, directing criminal responsibility to the corporation itself. Nonetheless, criminal law in Indonesia previously tended to direct prosecution towards individuals involved in the management of the corporation. The implementation of corporate liability in corruption cases is still limited, but steps were taken by issuing Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations (PERMA Korporasi). In this PERMA, the identification of individuals involved in corporate crime is expanded, including those who have a relationship with the company even though they are not formally incorporated into the company structure. The PERMA Corporations approach emphasizes that corporate responsibility only applies if it is proven to be directly involved in the criminal act and benefit from the act. The use of the Business Judgment Rule principle and consideration of the benefits to the corporation are key in assessing corporate guilt. Research on PT Asuransi Jiwasraya highlighted violations committed by management in investment management that harmed the company. These violations include non-compliance with the precautionary principle in investment management, resulting in significant financial losses. Violations of the principles of Corporate Governance were also highlighted in this case.
Analisis Penerapan Doktrin Business Judgment Rule Terhadap Keputusan Direktur Utama PT Krakatau Steel Tbk Dalam Kasus Pembangunan Blast Furnace Complex Anindita Maharani; Nadya Hanifah; Nyulistiowati Suryanti; Deviana Yuanitasari
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i1.873

Abstract

In business activities in the form of a Company, there are often legal problems involving directors as a result of the decisions and policies they make in carrying out their duties and authority in the company. The Board of Directors is one of the most important organs in a Limited Liability Company whose duty is to run the company as stated in Law Number 40 of 2007 (UU PT) concerning Limited Liability Companies. In the event of a loss caused by the decision or policy, the board of directors can be sued personally either criminally or civilly. This research aims to analyze the case of former President Director of PT Krakatau Steel (KS) Fazwar Bujang in making decisions on the construction of the Blast Furnace Complex plant in 2011 which is considered to have harmed the state of Rp 2.3 trillion and USD 292 or up to Rp 6 trillion and has benefited the MCC Ceri consortium, a company from China and PT Krakatau Engineering and others. The first result shows that the business judgment rule doctrine is a concept in corporate law that provides protection to company directors regarding the decisions and policies they make, to ensure that directors can make decisions based on good faith, prudence, and the best interests of the company without having to be personally liable for losses that may arise from business decisions. In Indonesia, the business judgment rule doctrine is only regulated in UU PT, but it has not been regulated in the law completely. Second, in the case of the construction of PT Krakatau Steel's Blast Furnace Complex, the business judgment rule cannot be applied because the business policies taken do not meet the requirements of the business judgment rule stipulated in Article 97 paragraph (3) of the UU PT.
Human Rights Thought: Between Islamic Law and The Universal Declaration of Human Rights Deviana Yuanitasari; Kusmayanti, Hazar
Asian Journal of Law and Humanity Vol 1 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v1i1.2

Abstract

The issue of human rights among Muslim countries is nothing new. Islamic Shari'a which is universal explains a lot of basic principles regarding equality of human rights and freedoms, even when the Prophet Muhammad declared the Medina Charter. The history of the enactment of Islamic law among Muslim communities has shifted from a vertical normativity point to a horizontal one. This is because the development of the enactment of Islamic law has also been influenced by socio-cultural dynamics and legal politics in Islamic society itself. Islam has first taught mankind about the concept of egalitarianism, universalism and democracy. This beautiful and comprehensive concept is allegedly adopted by the West through the emergence of universal ideas which are standardized in the Universal Declaration of Human Rights convention. Islam is an ash-Syumul religion. Islamic teachings cover all aspects of human life. Islam provides regulations and demands on humans, ranging from the smallest affairs to large-scale affairs. And of course, it includes rules and high respect for human rights (HAM). However, it is not in one structured document but is spread out in the holy verses of the Koran and the Sunnah of the Prophet Muhammad.
Co-Authors Agus Suwandono Agus Suwandono Anindita Maharani Arya Jayadiningrat Arzetta Zahra Metthania Assyura Zumarnis Azizah Putri Umami Boris William Octaviano Dhaifina Fadhilah Alyani Diana Ayu Mardiani Elisatris Gultom Etty Mulyati Hazar Kusmayanti Hazar Kusmayanti, Hazar Helza Novianty Holyness N. Singadimedja Mhd. Azmi Farid Lubis Muhammad Ath-Thariq Pratama Muhammad Eko Prasetiyo Nabilla Syafira Nadya Hanifah Nathania Raissa Putri Rungamali Nicholas Firman Rafael Napitupulu Nun Harrieti Nurhidayah Muhcti Nyulistiowati Suryanti Pupung Faisal Raden Muhammad Fadly Latief Ashshiddiq Prawirawinata Rafan Darodjat Sabina Rezqita Dwi Cahya Sela Sulaksmi Widyatamaka