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Herry M. Polontoh
Universitas Cenderawasih
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Regulation and Sanctions Against Unfair Business Competition: Challenges in Law Enforcement Polontoh, Herry; Saputri, Fitri Arianti
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.322

Abstract

This study aims to examine the effectiveness of regulations and legal sanctions in overcoming unfair business competition practices and identify the main challenges in law enforcement in Indonesia. The method used is a normative legal research method, with a statute approach, a conceptual approach, and a case approach. The focus of the study is directed to the analysis of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and its implementing regulations, as well as its application in several decisions of the Business Competition Supervisory Commission (ICC). The results of the study show that in substance, the existing regulations are adequate to regulate and prohibit unfair business competition practices. However, implementation in the field still encounters a number of serious obstacles, such as the limited authority of ICC, difficulties in proving in practice, and weak legal awareness among business actors. Therefore, legal reforms are needed aimed at strengthening ICC's institutions, simplifying legal procedures, and imposing stricter sanctions to create a deterrent effect. In addition, sustainable political commitment and public education are also needed as part of a long-term strategy to create a healthy, fair, and competitive business competition climate in Indonesia
Juridical Analysis of Directors Who Hold Concurrent Positions in Limited Liability Companies Rahman, Irsan; Polontoh, Herry; Katjong, Rizky Wisudawan; Katjong, Kadir; Katjong, Revie Kurnia
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5636

Abstract

The practice of concurrent positions carried out by the Board of Directors in the management of a PT does not yet have a legal basis regulated explicitly in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Concurrent positions lead to legal loopholes that can cause potential losses to the company. This research aims to analyze the practice's suitability with the law's provisions and compare it with policies in the United States. This research uses a normative method with conceptual and statutory approaches and secondary data from relevant regulations. The results show that concurrent positions can cause conflicts of interest, weaken management, and undermine corporate governance. Legislation changes are needed in Indonesia to limit the number of positions a director can hold and impose more severe sanctions for violators. In conclusion, a law revision is needed to strengthen the regulation of concurrent positions to promote better corporate governance.
The Role of Land Banks in the Customary Land Management Rights of Customary Law Community Units Nur, Sri Susyanti; Polontoh, Herry M.; Anggraaeni, Andi Evi; Kahar
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.189

Abstract

Management rights are a form of authority granted by the state to certain parties to manage land. This authority is part of the state's power over land, which is partially transferred to the holder of management rights. Land that can be managed through this right can come from state land or customary land. One of the authorities of Management Rights over state land is the Land Bank, while the Customary Law Community Unity/KMHA provides Management Rights over customary land. Customary Land is a regional property right that is under the governance of the customary law community, whose existence continues to exist but is not bound by certain land rights. These lands can be given Cultivation Rights, Building Rights, and Usage Rights to third parties who cooperate based on the Land Utilization Agreement. Management Rights over state land by the Land Bank have been regulated in the Job Creation Law. However, Management Rights over customary land have not been further regulated after the administration and registration of customary land. This can weaken the existence of KMHA and its customary land because the nature of Management Rights is the right of control from the state so that the land has the status of state land to cooperate with third parties. This research is a normative research, using a legislative and conceptual approach, then analyzed qualitatively and presented descriptively. The results of the study indicate that: Land Banks based on government functions can act as; Dynamizers, Facilitators, and Capacitors in assisting KMHA in managing Customary Land Management Rights. Through land development activities, Land Banks can carry out the function of managing customary land assets. These activities are designed to increase the utilization and use of land that can meet the needs of life and business activities in terms of economics, social, and physical. Thus, Land Banks can later cooperate with third parties to support investment. The mission of the land bank is to secure the availability of land without sacrificing customary land rights for the benefit of the Customary Law Community.
Corporate Compliance with ESG (Environmental, Social, and Governance): Perspectives on Business Law and Good Corporate Governance (GCG) polontoh, Herry m; Kadir, Taqyuddin
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
Omnibus Law Policy in Encouraging Investment: Between Deregulation and Potential Legal Loopholes Polontoh, Herry M
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..
Analisis Hukum terhadap Aturan Hukum Penanaman Modal Asing dalam Mendorong Investasi di Indonesia Rachman, Sri Nurnaningsih; Polontoh, Herry M; Harefa, Jesslyn Elisandra; Harefa, Amstrong; Yuliana, Tora
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1650

Abstract

Foreign direct investment (FDI) is a vital element in supporting national economic development, especially in increasing productivity, encouraging strategic sector growth, and strengthening Indonesia's position in global economic competition. Normatively, Indonesia has established a legal basis through Law No. 25/2007 on Investment, as well as various implementing regulations such as Presidential Regulations and BKPM Regulations that aim to provide certainty, protection, and convenience for foreign investors. This research aims to analyze the extent to which these legal regulations are able to create a conducive investment climate and identify legal constraints that arise in their implementation. This research uses normative juridical method with legislative approach and literature review. The results show that although Indonesia's FDI legal framework has been quite progressive, in practice it is still faced with a number of serious problems such as inter-regulatory unsynchronization, complicated licensing bureaucracy, weak legal protection for investors, and policy fluctuations due to political pressure and sectoral interests. These conditions create legal uncertainty and reduce Indonesia's competitiveness in the eyes of global investors. Therefore, regulatory harmonization, bureaucratic reform, and policy consistency are needed to strengthen the effectiveness of foreign investment law in Indonesia.
Legal Responsibility of the Insurance Company for Unpaid Participant Claims Polontoh, Herry
Journal of World Science Vol. 3 No. 1 (2024): Journal Of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i1.541

Abstract

Insurance is a financial institution that has a vital role in the economy. Insurance protects the public from various risks, such as accidents, illness, and death. The insurance company must pay claims to insurance participants who experience losses in an insurance agreement. However, in practice, claims are often rejected by insurance companies. The purpose of this research is to analyze the legal responsibility of insurance companies for unpaid participant claims. This research uses normative legal research methods. Research data was obtained through a literature study. Research data was analyzed qualitatively using descriptive analysis methods. The research results show that insurance companies that reject insurance participants' claims can be subject to civil and criminal legal responsibility. If the participant's claim is not paid, the participant can file for bankruptcy through court. The regulations that provide the legal umbrella for protecting insurance participants consist of Law Number 8 of 1999 concerning Consumer Protection, Law Number 40 of 2014 concerning Insurance, Decree of the Minister of Finance No. 422/KMK.06/2003 concerning the Implementation of Insurance Business and Reinsurance Companies, and Financial Services Authority Regulation Number 23/POJK.05/2015 concerning Insurance Products and Marketing of Insurance Products. Legal protection for insurance policyholders as consumers are regulated in the Insurance Law and the Consumer Protection Law.
Penerapan Ipteks Undang-Undang Nomor 1 Tahun 2022 Tentang Hubungan Keuangan Antara Pemerintah Pusat dan Pemerintahan Daerah Katjong, Kadir; Yanuaria, Tri; Polontoh, Herry M.; Mulyadi, Dudi
Bakti Hayati: Jurnal Pengabdian Indonesia Vol. 3 No. 1 (2024)
Publisher : Jurusan Biologi FMIPA Universitas Cenderawasih

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31957/bhjpi.v3i1.3855

Abstract

The capacity building of employees at the Regional Revenue Agency (Bapenda) of Jayapura Regency in understanding and implementing Law Number 1 of 2022 on Financial Relations between the Central Government and Regional Governments is crucial for optimizing regional financial management. This new regulation brings significant changes in the mechanisms of fund transfers, as well as tax and regional retribution management, requiring deep understanding and technical skills from the employees. The purpose of this community service is to enhance the understanding and skills of Bapenda Jayapura Regency employees in drafting academic papers and regional regulations (Raperda) related to taxes and retributions. Thus, it is expected to improve the effectiveness and efficiency of regional revenue management in accordance with the provisions of the new law. This community service is conducted using lecture and mentoring methods. The lecture method is used to provide theoretical understanding of Law Number 1 of 2022 and its implications for regional governments. Meanwhile, the mentoring method is used to assist employees in directly drafting academic papers and Raperda, ensuring that these documents comply with legal principles and local needs. The results of the community service show a significant increase in employees' understanding of the new financial regulations. Bapenda Jayapura Regency employees successfully drafted academic papers and Raperda on taxes and retributions in accordance with the provisions of Law Number 1 of 2022. Additionally, this activity also encouraged collaboration and interactive discussions that enriched the practical and theoretical understanding of the employees.
Fiduciary in Civil Law and Bankruptcy Law Perspective Polontoh, Herry; Reum, Frans
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 4 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i4.1006

Abstract

The fiduciary gives the creditor the right to pledge his property to the debtor as security for the debt given. In practice, there are often disputes between creditors and debtors related to fiduciaries. This dispute can occur due to various factors, such as the default of the debtor or the bankruptcy of the debtor. The purpose of this study is to identify and analyse the regulation and practice of fiduciaries from the perspective of civil law and bankruptcy law. This study used normative research methods. Data collection techniques are carried out by literature study. The data that has been collected is then analysed in three stages, namely data reduction, data presentation and conclusions. The results showed that fiduciaries, in the perspective of civil law and bankruptcy law, are a type of guarantee provided by fiduciaries to other parties in terms of collateral transactions. Fiduciaries are generally included in the fiduciary guarantee, which is a guarantee received by the party applying for financing to guarantee payments to be made by the fiduciary to the party applying for financing. From a civil law perspective, legal liability is for a fiduciary who transfers or leases the object of a fiduciary guarantee to another party without the written consent of the fiduciary beneficiary. Whereas in the perspective of financial law, a fiduciary assigns or leases the object of fiduciary guarantees to another party without the written consent of the fiduciary recipient.
LEGAL CERTAINTY IN DETERMINING THE AMOUNT OF LAND AND BUILDING RIGHTS ACQUISITION DUTY TAX (BPHTB) LEGAL CERTAINTY IN DETERMINING THE AMOUNT OF DUTY TAX ON ACQUISITION OF LAND AND BUILDING RIGHTS (BPHTB) Yanuaria, Tri; Polontoh, Herry M.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4079

Abstract

The research carried out in Jayapura City with the title "Legal Certainty in Determining the Amount of Tax on Acquisition of Land and Building Rights" (BPHTB) aims to provide legal certainty regarding the imposition of Tax on Acquisition of Land and Building Rights. (BPHTB) in determining the amount of BPHTB tax. The method used is normative law and empirical law in relation to land and building tax collection.In accordance with applicable laws and regulations, BPHTB levies in Jayapura City do not yet have complete legal certainty. Tax Object Acquisition Value (NPOP) transaction value is no longer used as a basis for determining BPHTB tax, in Jayapura City the basis for determining BPHTB is the interpretation made by the tax authorities based on market prices, location of land and buildings and building conditions. This happens because of society's tendency to try to get around it BPHTB financing. Taxpayers declare the transaction price in accordance with the NJOP if the market price or transaction value is greater than the Sales Value of the Tax Object (NJOP). Taxpayers will also try to avoid it if the Tax Object Acquisition Value (NPOP) is lower than the Tax Object Sales Value (NJOP). The obstacles faced in collecting BPHTB are legal factors, factors outside the law and taxpayer factors
Co-Authors Andrias, Maria Yeti Anggraaeni, Andi Evi Budiman, Eren Arif Daniel Tanati Decky D. A. Wospakrik Depparinggi, Depparinggi Eddy - Pelupessy Farida Kaplele, Farida Frans Reumi, Frans Gani, Najamuddin Harefa, Jesslyn Elisandra 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 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 Sobardo Hamonangan Solossa, Marthinus Sri Nurnaningsih Rachman Sri Susyanti Nur Sri Susyanti Nur, Sri Susyanti Tanggahma, Biloka Tri yanuaria Yusak Elisa Reba