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All Journal International Journal of Social Service and Research Journal Of World Science Jurnal Indonesia Sosial Sains
Suparno Suparno
Universitas Borobudur, Indonesia
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Status And Legal Relationship Between Plasma Farmers And Core Companies In Partnership Agreements (Case Study At Pt. Sierad Produce, Tbk Div. Partnership) Evita Vibriana Wulandari; Faisal Santiago; Suparno Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.861

Abstract

In this study, the authors used empirical legal research methods based on primary data sources based on field research on partnership agreements, interviews with users. Secondary data is literature study by reading and studying and understanding literature books as well as the knowledge gained during lectures. In addition to conducting interviews and observations. The analysis used was descriptive qualitative, namely a data analysis method that classifies and selects data obtained from field research according to its quality and truth, then linked with theories, principles and legal principles obtained from literature studies so that answers are obtained. formulated problem. Theory used: 1. Grand Theory (Theory of Legal Relations); According to R. Soeroso: Legal relationship is a relationship between two or more legal subjects. In this legal relationship, the rights and obligations of one party deal with the rights and obligations of the other party. That the law regulates the relationship between one person and another, between people and society is regulated by law. Whoever disturbs or ignores this relationship, then he can be forced by law to respect it. So every legal relationship has two aspects: the aspect of "bevoegdheid" (power/authority or right) with its opponent "plicht" or obligation. The authority granted by law to legal subjects (persons or legal entities) is called "rights". 2. Middle Theory (Theories in Contract Law); Freedom of contract is a reflection of the development of free market ideas pioneered by Adam Smith. Adan Smith, with his classical economic theory, underlies the thinking of Jeremy Bentham, known as Jeremy Benthan's utilitarianism, in his book Ïntruction to the Morals and Legislation, which argues that law aims to realize only what is beneficial to people. 3. Utilitis Theory: the purpose of law is: to guarantee the maximum happiness for as many people as possible. Certainty through law for individuals is the main goal of law. In this case Bentham's opinion is emphasized on things that are useful and general in nature. Applied Theory (Partnership Pattern); The concept of economic democracy in Pancasila does not allow free fighting between the strong and the weak, but is more directed towards harmony and mutual support between economic actors, this creates an obligation for the government to regulate and establish legislation.
Comparative Analysis of Legal Certainty in Fiduciary Guarantees for Defaulting Visit of Justice and Economic Analysis of Law Wennie Melannie; Suparno Suparno
International Journal of Social Service and Research Vol. 6 No. 5 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i5.1405

Abstract

In Indonesia, fiduciary guarantees serve as a critical mechanism for securing credit agreements by providing creditors with the right to execute collateral if debtors default. However, the issuance of Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 2/PUU-XIX/2021 has significantly altered the execution mechanism, shifting it from parate execution—direct execution without court involvement—to a mechanism that requires either mutual agreement between the creditor and debtor or a court order. This change has created legal uncertainty, particularly regarding the balance between creditor protection and debtor rights. This research aims to analyze the legal certainty of fiduciary collateral execution against defaulting debtors by integrating the perspectives of justice and the Economic Analysis of Law. The method used in this research is a normative legal approach, which examines and analyzes applicable legal provisions as well as theories related to justice and legal economics. In this context, the theory of justice is used to understand the principles of fairness that should be applied in resolving disputes over fiduciary collateral, while the Economic Analysis of Law is employed to evaluate the economic impact of legal practices related to the execution of fiduciary collateral on both creditors and debtors. The findings of this research are expected to provide insights into how the law can achieve a balance between legal certainty, justice for the parties involved, and economic efficiency in the application of fiduciary collateral execution against defaulting debtors.
Dynamics of Administrative and Criminal Accountability in Cases of Abuse of Authority Resulting in State Losses According to Indonesian Law Tubagus Rekayasa Kamal Djunaedi; Suparno Suparno
Journal of World Science Vol. 4 No. 7 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i7.1445

Abstract

Abuse of authority by state officials in Indonesia remains a serious issue, not only violating regulations but also causing state financial losses and diminishing the quality of public services. This study examines the dynamics of administrative and criminal liability in cases of abuse of authority that result in state losses, especially after the issuance of Law Number 30 of 2014 concerning Government Administration. There is an assumption that the return of state losses by the perpetrator can eliminate his criminal liability, even though this is contrary to the provisions of Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption. This study is a normative legal study with a normative and philosophical juridical approach. The results indicate that the return of state losses does not immediately eliminate criminal liability for corruption. In practice, the results of administrative examinations can be used as evidence in enforcing criminal law. Therefore, coordination between the realm of administrative law and criminal law is important in resolving abuse of authority fairly and effectively.
Co-Authors Evita Vibriana Wulandari Faisal Santiago Tubagus Rekayasa Kamal Djunaedi Wennie Melannie