Article Per Year (5 Year)
p-Index From 2021 - 2026
5.307
P-Index
This Author published in this journals
All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam PROFICIO: Jurnal Pengabdian Masyarakat Journal Of World Science Jurnal Pengabdian Papua Jurnal Indonesia Sosial Teknologi Nanggroe: Journal Of Scholarly Service International Journal of Law and Society Nanggroe: Journal of Scholarly Service Majority Science Journal Jurnal Hukum dan Keadilan Jurnal Pengabdian UMKM Ipso Jure Bakti Hayati SASI Ipso Jure
Herry M. Polontoh
Universitas Cenderawasih
Religion Agriculture, Biological Sciences & Forestry Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Neuroscience Nursing Public Health Social Sciences Other

Published : 38 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 6 Documents
Search
Journal : Ipso Jure

 1 
How effective is legal protection in Indonesia in handling investment fraud cases compared to other countries? Roof Oudy pajow; Herry M Polontoh
Ipso Jure Vol. 1 No. 9 (2024): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/vhfadr55

Abstract

Legal protection for investors is crucial in preventing the negative impact of rampant investment fraud, especially in the digital era that facilitates access to information. The ever-growing phenomenon of investment fraud shows the importance of evaluating the effectiveness of existing legal frameworks. This study aims to analyze the effectiveness of legal protection in Indonesia in dealing with investment fraud cases, with a normative juridical approach that examines relevant regulations in Indonesia and compares them with other countries such as the United States and India. This method is used to understand the weaknesses and challenges in the implementation of existing laws. The results of the study show that although Indonesia has a comprehensive legal framework, such as Law Number 8 of 1995 on the Capital Market and the Electronic Information and Transaction Law (UU ITE), challenges in law enforcement and public education are still significant obstacles. Unlike the US and India, which implement strict sanctions and have strict supervision, legal protection in Indonesia still needs reforms to increase the deterrent effect for actors and strengthen public trust in the investment system.
Consumer Protection in the E-Cigarette Industry: Legal Responsibility of Business Actors for Non-Compliance with Information Labels and Health Warnings Herry M Polontoh
Ipso Jure Vol. 1 No. 10 (2024): Ipso Jure - November
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/cth7jr14

Abstract

In recent years, the popularity of e-cigarettes has increased rapidly, especially among teenagers and young adults who consider them a safe alternative to tobacco cigarettes. However, these products still contain harmful substances, while many products on the market do not list adequate health warnings. This indicates potential violations of consumer protection and underscores loopholes in legal oversight that allow business actors to ignore these obligations. The lack of clarity of labels and misleading advertisements poses health risks that consumers are not aware of, especially for the younger generation who are vulnerable to these promotions. This study examines the legal responsibility of business actors in fulfilling health labeling obligations in accordance with the Consumer Protection Law and Government Regulations related to addictive substances. With a normative juridical method, this study assesses the regulation of labeling e-cigarette products and the need for stricter policies. The results of the study are expected to provide policy recommendations to improve regulations and increase supervision, so that consumers' rights to health information are fulfilled and the e-cigarette industry is more responsible in prioritizing public health.
Corporate Compliance with ESG (Environmental, Social, and Governance): Perspectives on Business Law and Good Corporate Governance (GCG) Herry m polontoh; Taqyuddin Kadir
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25czhf80

Abstract

This study examines the urgency of integrating Environmental, Social, and Governance (ESG) principles into Indonesia's business law framework in response to global demands for sustainable corporate practices. Through a normative juridical approach, this study analyzes the disharmony of national regulations, especially between Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and sectoral regulations from the OJK such as POJK No. 51/POJK.03/2017. The results of the study show that although ESG principles are beginning to be accommodated in some legal instruments, they are still administrative, sectoral, and do not have a strong binding force judicially. This has an impact on weak corporate accountability in carrying out environmental and social responsibility as part of Good Corporate Governance (GCG). This research emphasizes the importance of ESG codification as a positive legal norm that can be enforced through the supervision and accountability mechanism of the board of directors. Comparative studies with practices in the European Union and OECD show that the successful implementation of ESG is highly dependent on the existence of prescriptive norms and integrated monitoring systems. Therefore, the reformulation of Indonesian corporate law is crucial to realize inclusive, sustainable, and accountable business governance
The Phenomenon of Startup Investment and Minority Investor Protection: A Legal Analysis of Asymmetric Risk Herry m polontoh; Yusnita Yusnita; Loso Judijanto; Suhermi Suhermi
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25ep0607

Abstract

The rapid growth of the startup industry in Indonesia has raised new legal issues related to the protection of minority investors in a dynamic and institutionally unestablished ownership structure. This study analyzes how the risk of information asymmetry in the relationship between founders and investors creates inequality in legal relations that weakens the position of minority investors. Through a normative juridical approach, this study examines the effectiveness of the provisions in Law Number 40 of 2007 concerning Limited Liability Companies, especially Articles 61, 62, and 114, in providing substantive legal protection. The results of the study show that the existing legal mechanism is not fully adaptive to the complexity of the startup investment model, especially due to the weak application of fiduciary duty principles and the lack of application of good corporate governance principles. On the other hand, the practice of investment agreements often affirms the dominance of the majority shareholders through exploitative clauses. Therefore, a legal reformulation is needed that is able to bridge this normative vacuum, through the strengthening of hybrid legal instruments and responsive sectoral regulations. This research recommends legal policy reforms that emphasize the balance of interests, transparency, and substantive justice to create an inclusive, sustainable, and economically democratic startup ecosystem.
Omnibus Law Policy in Encouraging Investment: Between Deregulation and Potential Legal Loopholes Herry M Polontoh
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k31h8958

Abstract

The omnibus law policy  in Law Number 11 of 2020 concerning Job Creation was presented as a response to the complexity and fragmentation of national regulations that have long been the main obstacles to investment growth. Overlapping regulations between sectors, central-regional disharmony, and bureaucratic licensing procedures are considered no longer relevant to the demands of legal effectiveness and usefulness in the context of economic development. Using  a normative juridical approach, this study examines the formal and material validity of omnibus law within the framework of the Indonesian legal system, and examines its implications for the principles  of rule of law, social justice, and constitutional protection. The analysis was carried out through legislative, conceptual, and case approaches, especially the Constitutional Court Decision No. 91/PUU-XVIII/2020 which assesses procedural defects in the Job Creation legislation process. The results of the study show that although the omnibus law offers regulatory efficiency and ease of doing business, this approach leaves serious problems in the form of legal loopholes, multiple interpretations of norms, and potential violations of the principle of prudence in law formation. Therefore, the reformulation of deregulation policies based on the principles of the rule of law, public participation, and ecological justice is an urgent need to ensure that deregulation is not only pro-investor, but also in line with constitutional values and the sustainability of national development..
Reconstruction of Equitable Customary Land Management To Improve The Investment Climate in Jayapura Regency Herry M polontoh; Dudi Mulyadi; Tri Yanuaria; Sobardo Hamonangan
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q7ambc04

Abstract

Customary land management in Jayapura Regency has a strategic role in encouraging regional economic growth through improving the investment climate. However, management practices have often caused problems such as land conflicts, legal uncertainty, and low participation of indigenous peoples in decision-making. This condition hinders investors from investing their capital optimally. This research aims to formulate a model for reconstruction of customary land management that is fair, provides legal certainty, and facilitates synergy between indigenous peoples, local governments, and investors. The research method used is a qualitative approach with a descriptive-analytical design. Data was obtained through in-depth interviews with traditional leaders, local government officials, investors, and academics, as well as through the study of relevant laws and regulations. The analysis was carried out using the Miles & Huberman interactive model technique, including data reduction, data presentation, and conclusion drawn. The results of the study show that equitable management of customary land requires formal recognition of customary rights, the existence of a clear written agreement mechanism between customary rights owners and investors, and the existence of permanent mediation institutions to resolve disputes quickly. The implementation of this reconstruction model has been proven to increase legal certainty, reduce potential conflicts, and encourage increased investment interest in Jayapura Regency.
Co-Authors Andrias, Maria Yeti Anggraaeni, Andi Evi Budiman, Eren Arif Daniel Tanati Decky D. A. Wospakrik Depparinggi, Depparinggi Dudi Mulyadi Eddy - Pelupessy Farida Kaplele, Farida Firman Frans Reumi, Frans Gani, Najamuddin Hartini, Sri Iin Hotlan Samosir Irsan Rahman, Irsan James Yoseph Palenewen Kadir Katjong Kadir, Taqyuddin Kahar Katjong, Revie Kurnia Katjong, Rizky Wisudawan Ketaren, Dahliana Lily Bauw Loso Judijanto Mulyadi, Dudi Nur Asmarani Palenewen, James Yoseph pondayar, yustus Reum, Frans Rongalaha, Johan Roof Oudy pajow Ruth Kambuaya S, Lestari Wulandari Sahuleka, Onesimus Saputri, Fitri Arianti Silambi, Sinta Suwarti Silvester Magnus Loogman Palit Simanjuntak, Ayub Jose Luhut Parulian Sobardo Hamonangan Sobardo Hamonangan Solossa, Marthinus Sri Susyanti Nur Sri Susyanti Nur, Sri Susyanti Suhermi Suhermi Tanggahma, Biloka Taqyuddin Kadir Tri Yanuaria Tri yanuaria Yusak Elisa Reba Yusnita Yusnita