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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

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Enholding The Relevance Of The Traditional Constitution In Indonesia: A Path To An Integrated National Law Katjong, Kadir; Polontoh, Herry M.; Yanuaria, Tri
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.v23i1.4104

Abstract

Customary constitutions in Indonesia are scattered in various regions at the village, sub-district, district, city, province, and even archipelago levels.  The codification and unification of laws are increasingly undermining the existence of customary constitutions in Indonesia.  The existence and position of the customary constitution are increasingly unclear in the regulatory framework in Indonesia. Maintaining the customary constitution is crucial as it can serve as a spirit and guide in the formation of national law.  To remind the nation again about the spirit of being cultured and to give the nation confidence in the nation's civilization, it is necessary that the customary law be placed in an equal position with the existing and recognized statutory order in Indonesia. For this reason, it is necessary to provide a separate place for the growth and development of customary law as part of the nation's wealth and as a reference in the formation of national law so that in every formation of statutory regulations, it always reflects values. is contained in the nation's customs, especially those related to basic law, namely the customary constitution in Indonesia. This paper uses a sociological normative writing method, which will provide an overview of the position and status of the customary constitution in the Indonesian legal system. So it is hoped that through writing this journal, it can provide an understanding of how important the position of the customary constitution is in the development of law in the modern era.Keywords:Position of the Customary Constitution, Indonesian Legal System
Fiduciary in Civil Law and Bankruptcy Law Perspective Herry Polontoh; Frans Reum
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.
Consumer Protection in the E-Cigarette Industry: Legal Responsibility of Business Actors for Non-Compliance with Information Labels and Health Warnings Polontoh, Herry M
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.
Legal Protection for Minority Shareholders in Limited Liability Companies According to the PT Law Polontoh, Herry; Fadhilah, Nurul; Tuhumury, Harry A; Sembiring, Tamaulina Br
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/d5ryed86

Abstract

Minority shareholders play an important role in the ownership structure of Limited Liability Companies (PT), but often face challenges due to the dominance of majority shareholders. This power imbalance threatens minority rights such as access to information, dividend distribution, and voting rights in General Meetings of Shareholders (GMS). Law No. 40/2007 on Limited Liability Companies (PT Law) provides legal protection for minority shareholders, but its implementation still faces obstacles such as weak supervision, lack of legal understanding, and regulatory gaps. This research uses a normative juridical method to analyze legal protection for minority shareholders, including a review of legal norms, doctrines, and court decisions. The results show that although the Company Law has provided a legal foundation, there are still gaps between ideal norms and business practices, such as manipulation of GMS results by the majority or limited transparency. Regulatory reform is needed to strengthen supervision, increase sanctions, and adopt international best practices, such as appraisal rights in the United States. These measures are expected to create more inclusive, fair and sustainable corporate governance, while increasing investor confidence in Indonesia's capital market.
The Dispute Resolution Revolution: A Civil Law Analysis of Online Dispute Resolution (ODR) Mechanisms Khuan, Hendri; Fitrian, Achmad; Judijanto, Loso; Polontoh, Herry M
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rfr3fg70

Abstract

The development of information technology and digitalization has encouraged the emergence of Online Dispute Resolution (ODR) as an alternative dispute resolution that is more efficient and adaptive to the dynamics of electronic transactions. ODR, supported by Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, offers a faster and more affordable solution than traditional mechanisms such as litigation or arbitration. However, the implementation of ODR in Indonesia still faces significant challenges, including the lack of clear regulations regarding the recognition and execution of judgments, as well as the protection of personal data. The ITE Law provides a legal foundation for electronic transactions, but further adjustments are needed to ensure ODR can be legally recognized and accounted for, especially in the context of cross-border disputes. In addition, aspects of transparency, accountability, and data security must be prioritized in the implementation of ODR. This research uses a normative juridical method to analyze the application of ODR in the Indonesian civil law system, assess the suitability of existing regulations, and identify challenges and opportunities faced. Comprehensive regulatory harmonization is needed to ensure ODR can function effectively, fairly, and safely for all parties, and become an integral part of a more modern and relevant Indonesian legal system in the digital era.
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
The Phenomenon of Startup Investment and Minority Investor Protection: A Legal Analysis of Asymmetric Risk polontoh, Herry m; Yusnita, Yusnita; Judijanto, Loso; 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 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..
Reconstruction of Equitable Customary Land Management To Improve The Investment Climate in Jayapura Regency polontoh, Herry M; Mulyadi, Dudi; Yanuaria, Tri; Hamonangan, Sobardo
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.
Digital Monopoly and Threats to Fair Competition : an Analysis of Antitrust Law in the Platform Ecosystem Polontoh, Herry M
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.43

Abstract

The rapid expansion of the digital economy has given birth to a new market structure characterized by the dominance of data-based technology platforms, algorithms, and strong network effects, thus potentially giving rise to a form of digital monopoly that threatens healthy business competition. This study aims to analyze the phenomenon of digital monopoly through the perspective of Indonesian antitrust law, especially based on Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used is normative juridical with a normative, conceptual, and analytical approach to practices and literature related to digital business competition law enforcement. The results of the discussion show that national anti-competition legal instruments face normative and technical challenges in reaching out to practices of abuse of dominant positions in the platform ecosystem, such as self-preferencing, digital bundling, and algorithmic-based market locking that are not explicitly covered in the classic indicators of market share and price. The lack of transparency of the system and the cross-border character of the global platform complicate ICC's supervisory capacity in enforcing the rules effectively. Therefore, this study emphasizes the urgency of reformulating an antitrust regulatory approach that is more adaptive to the reality of the digital economy, both through the redefinition of the concept of market power, strengthening enforcement jurisdiction, and the adoption of global principles that emphasize algorithmic transparency and fairness of access for all business actors.
Co-Authors Andrias, Maria Yeti Anggraaeni, Andi Evi Budiman, Eren Arif Daniel Tanati Decky D. A. Wospakrik Depparinggi, Depparinggi Eddy - Pelupessy Farida Kaplele, Farida Firman Fitrian, Achmad Frans Reum Frans Reumi, Frans Gani, Najamuddin Hartini, Sri Iin Hotlan Samosir Irsan Rahman, Irsan James Yoseph Palenewen Judijanto, Loso Kadir Katjong Kadir, Taqyuddin Kahar Katjong, Revie Kurnia Katjong, Rizky Wisudawan Ketaren, Dahliana Khuan, Hendri Lily Bauw Mulyadi, Dudi Nur Asmarani Nurul Fadhilah Palenewen, James Yoseph pondayar, yustus 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 Solossa, Marthinus Sri Susyanti Nur Sri Susyanti Nur, Sri Susyanti Suhermi, Suhermi Tamaulina Br Sembiring Tanggahma, Biloka Tri yanuaria Tuhumury, Harry A Yusak Elisa Reba YUSNITA YUSNITA