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PEMBERHENTIAN DIREKSI SECARA MELAWAN HUKUM BERDASARKAN UU NO.40 TAHUN 2007 TENTANG PERSEROAN TERBATAS: Unlawful Dismissal Of Directors Based On Law No.40 Of 2007 Concerning Limited Liability Companies Apriyanto, Zaeriko Rizky; Kerti, N.G.N Renti Maharaini
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/51y7q037

Abstract

The board of directors is a key component of a company responsible for overseeing its operations andrepresenting it both in and out of court. The board can be removed at any time through a GeneralMeeting of Shareholders (RUPS) resolution, citing specific reasons for their removal. This study delvesinto the validity of PT. Multi Daya Wonua's RUPS regarding director dismissal. It also examineswhether the decisions in Case Number 16/pdt.G/2019/PN Kka, 82/PDT/2019/PT KDI, and 1888K/pdt/2020 on director dismissal at PT. Multi Daya Wonua align with the guidelines set out in LawNumber 40 of 2007 concerning Limited Liability Companies. The research follows a normative legalapproach, utilizing descriptive-analytical methods to review existing materials and offer insights throughcollected data. The study primarily employs qualitative analysis of secondary data. Findings highlight that removing directors without specifying reasons through RUPS and without allowing a defensecontradicts Article
Penerapan Prinsip Utmost Good Faith Terhadap Sengketa Klaim Manfaat dalam Asuransi Jiwa (Studi Putusan Nomor 297/Pdt.G/2021/PN Jkt.Sel): Application of Utmost Good Faith Principle to Life Insurance’s Beneficial Claim Disputes (Study of Decision Number 297/Pdt.G/2021/PN Jkt.Sel) Andini Savira Melati; N.G.N. Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21368

Abstract

Every activity carried out by humans always has risks, along with the development of technology and science, insurance has emerged which functions as a risk transfer. Insurance has terms and conditions that must be fulfilled, one of which is the principle of complete good faith which is an important aspect in administering insurance. This research to analyze the application of the principale utmost good faith in Decision Number 297/Pdt.G/2021/PNJkt.Sel and the resolution of insurance benefit claim disputes if the principle of utmost good faith not applied. The research was conducted using descriptive normative legal methods. Research results and discussion as well as conclusions Decision Number 297/Pdt.G/2021/PNJkt.Sel, the principle of utmost good faith has not been fully implemented by the insured or the insurer. The Insured doesn’t provide accurate information regarding his health condition and the Insurer doesn’t double check to ensure that the information written by the Insured is correct and accurate. Settlement of insurance benefit claim disputes if the principle of utmost good faith is not applied can be done through dispute resolution inside or outside court. In Decision Number 297/Pdt.G/2021/PNJkt.Sel, the insured chose to resolve the dispute by directly filing a lawsuit at the District Court.
Personal data security as a form of legal certainty for the fulfillment of consumer rights for online loans Kerti, N.G.N. Renti Maharaini
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 10, No 3 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020244825

Abstract

Online lending services in Indonesia have grown rapidly in recent years, but this has also brought great challenges regarding the protection of consumers' personal data. Personal data security has become a very important issue, given the many cases of data breaches that can harm consumers. This study aims to analyse the role of personal data security in the fulfilment of consumer rights in online lending services, as well as to evaluate the existing legal certainty related to consumer personal data protection. The method used in this research is empirical juridical, with an analytical approach to relevant legal regulations and case studies regarding data breaches in online lending services. The results show that although there are regulations governing personal data protection, implementation is still weak and faces challenges such as a lack of consumer digital literacy and supervision of illegal service providers. The conclusion of this study is that legal certainty is needed to protect consumer rights, and that stricter regulations and better supervision of online loan service providers are essential. The implications of this research are the need for strengthened regulation, increased supervision by the Financial Services Authority (OJK) and other relevant institutions, and education to consumers on their rights regarding personal data.
IMPLEMENTASI UU NO.20 TAHUN 2011 TENTANG RUMAH SUSUN DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Kerti, Renti Maharaini
Jurnal Legislasi Indonesia Vol 15, No 2 (2018): Jurnal Legislasi Indonesia - Juni 2018
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v15i2.178

Abstract

Idealnya, posisi konsumen dan pelaku usaha adalah sama “simbiosis mutualisme”, namun kenyataannya tidak pernah tercapai. Konsumen selalu berada dalam posisi lemah bila berhadapan dengan pelaku usaha.Indonesia telah memiliki regulasi mengenai perlindungan konsumen dan rumah susun, namun kenyataannya masih belum memberikan rasa keadilan bagi konsumen, termasuk konsumen properti, hunian vertikal (rumah susun).Kasus-kasus atau pengaduan-pengaduan konsumen rumah susun seakan tidak pernah ada selesainya. Isu permasalahan yang dibahas dalam tulisan ini adalah mengapa implementasi UU No.20 Tahun 2011 tentang rumah Susun (UURS) belum memberikan rasa keadilan bagi konsumen?, dan bagaimana rekonstruksi pengaturan perlindungan konsumen hunian vertikal (rumah susun) idealnya?
PERLINDUNGAN KONSUMEN ATAS PEREDARAN PRODUK KOSMETIK POST MARKET MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN: Consumer Protection For The Distribution Of Post Market Cosmetic Products According To Law Number 8 Of 1999 Concerning Consumer Protection Haya Alyssa Desti Ramadhani; Renti Maharaini Kerti
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22865

Abstract

Consumer protection is an effort to ensure legal certainty in safeguarding consumer rights. This study examines the regulation of cosmetic product quality standards and the role of the National Agency of Drug and Food Control (BPOM) in conducting post-market surveillance to ensure compliance with established standards. The identified issues in this research are how the quality standards are applied to Scarlett Whitening body lotion products and how BPOM plays a role in ensuring the safety of these cosmetic products for consumers. This research uses a normative-descriptive method through literature study and interviews with consumers and BPOM officials. Based on the research findings and conclusions, it is concluded that every cosmetic product must comply with the established quality standards, and BPOM plays a crucial role in conducting both pre-market and post-market supervision. Although Scarlett Whitening products have fulfilled legal requirements in accordance with regulatory provisions, consumers have expressed dissatisfaction regarding the product’s heavy texture, difficulty of absorption, and lack of promised brightening effects. This highlights the importance of quality supervision not only in terms of legal compliance but also in ensuring consumer experience and satisfaction.
PERLINDUNGAN KONSUMEN TERHADAP KLAUSULA BAKU DALAM PERJANJIAN PENGIKATAN JUAL BELI RUMAH PERUSAHAAN LIPPO CIKARANG: Consumer Protection Against Standart Clauses In The House Sale And Purchase Binding Agreement Of The Lippo Cikarang Company Rebecca Octania Br. Sitompul; Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22760

Abstract

In relation to the process of purchasing a house, there is a document containing an agreement between the business actor and the consumer called the Sale and Purchase Binding Agreement (PPJB). This document is prepared by the developer and signed by the consumer. One common issue is that developers often include unfair or unbalanced clauses that harm consumer rights. Since the PPJB is drafted by the developer, their subjectivity and interests tend to dominate the agreement's content. The problem raised is whether the clauses in the PPJB comply with Law Number 8 of 1999 on Consumer Protection and what remedies consumers have against standard clauses that violate this law. This study uses a normative research method with secondary data and a descriptive-analytical approach. The analysis is conducted qualitatively, with conclusions drawn using deductive logic. The research result and conclusions indicate that several articles in the PPJB drafted by PT Lippo Cikarang do not comply with regulations. Consumers who feel disadvantaged can seek legal recourse through litigation by filing a lawsuit or through non-litigation methods by submitting complaints to the Consumer Dispute Resolution Agency (BPSK), the National Consumer Protection Agency (BPKN), and the Consumer Protection Non-Governmental Organization (LPKSM).
PENENTUAN NILAI HARGA WAJAR SAHAM DALAM RANGKA PENGAMBILALIHAN PADA TRIMEGAH SEKURITAS Suryanto Gunawan; Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22764

Abstract

In the acquisition of PT Trimegah Sekuritas Tbk, the tender price offered by the new controlling shareholder was set at Rp 218 per share. The issues raised include whether the determination of a fair share price in PT Trimegah Sekuritas Tbk's mandatory tender offer aligns with Article 17 letter a of POJK No. 09/POJK.04/2018 on the Acquisition of Public Companies, and whether the acquisition price of PT Trimegah Sekuritas Tbk’s shares must be disclosed in the Acquisition Plan Report under the transparency principle. The research adopts a descriptive normative method, using primary and secondary data analyzed through qualitative methods, with conclusions drawn deductively. The findings show that according to Article 7 paragraph (1) a jo. Article 17 a point 1 a of POJK No. 09/POJK.04/2018, the price used should be the highest among three options: the highest average daily trading price over the 90 days prior to the acquisition announcement, the highest average before the negotiation announcement, or the acquisition price already set. Disclosure of the share price during the negotiation stage is not required under the prevailing regulations, although many companies include it in the Acquisition Plan Disclosure to maintain transparency and investor confidence.
IMPLEMENTASI KEWAJIBAN PRASARANA, SARANA, DAN UTILITAS UMUM OLEH PENGEMBANG DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN: Implementation of Infrastructure, Facilities, and Public Utilities Obligations by Developers in The Perspective of Consumer Protection Samuel Christian; Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23426

Abstract

Based on Law No. 1 of 2011, Government Regulation No. 12 of 2021, Minister of Home Affairs Regulation No. 9 of 2009, Bogor Regency Regional Regulation No. 7 of 2012, Bogor Regent Regulation No. 7 of 2012 regulates Infrastructure, Facilities, and Public Utilities (PSU) in housing and residential areas, one of which is the submission of PSU from developers to local governments. The issues raised are how the implementation of the provisions of Infrastructure, Facilities, and Public Utilities in Cluster Pasadena Sentul City Housing and the efforts of the housing office if the developer has not implemented these provisions. The author uses normative research methods with descriptive analysis and the type of data using secondary data supplemented by primary data.  This research uses qualitative analysis research and deductive inference from general to specific. The results and conclusions of the article, namely the implementation of the PSU submission provisions pursued by the Bogor Regency DPKPP are needed to ensure that developers comply with regulations. Developers who do not submit PSUs to the local government can be subject to administrative and criminal sanctions. It aims to protect consumer rights, so that they can enjoy a decent residential environment without undue cost burden.
KEWAJIBAN PENCANTUMAN PESAN KESEHATAN PADA MINUMAN KOPI KEMASAN DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN: The Obligation To Include Health Messages On Packaged Coffee Drink Labels From A Consumer Protection Perspective Rosy Aisyah; Renti Maharaini Kerti
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24261

Abstract

Coffee beverages are among the processed foods favored by various groups. Pursuant to Minister of Health Regulation Number 30 of 2013, processed foods containing sugar, salt, and fat (GGL) are required to include health warnings on their packaging labels. Based on the research object, it was found that only 1 out of 25 coffee beverage products displayed a health warning on its label. This study identifies problems concerning the regulation of mandatory health warnings regarding sugar content on packaged coffee beverages and the supervisory function over the fulfillment of such obligations. The findings indicate that the enforcement of mandatory health warnings related to sugar content on packaged coffee beverages has mostly not been implemented by business actors. Among the 25 coffee beverage products studied, only one product displayed the required health warning, namely Del Monte Vanilla Latte. The supervisory function over the mandatory health warning labeling has been carried out by the authorities. However, this function remains general and has not yet specifically focused on the inclusion of health warnings on packaging labels. With the results of the research and conclusion, it was found that the implementation of mandatory health warning labeling remains weak, requiring more targeted supervision to ensure the regulation is effectively enforced.
PERLINDUNGAN KONSUMEN ATAS INFORMASI YANG TIDAK JELAS MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN Juni Desiani; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15251

Abstract

Starting with the owner of the food stall R.M., those who conduct their business activities with bad intentions can be identified by the lack of information in the form of transparent prices on the  food menu. As a result, it has been discovered that business  actors charge very high prices to customers who enter food stalls. How the Bogor City Regency regional regulations connect to the requirement for business actors to include pricing on the food menu list and what are the sanctions for food stall business actors R.M. are the formulations of the problem that the author explores. The research is descriptive and normative, use primary and secondary data, qualitative analysis, and deductive logic. The results of the research are the Consumer Protection Law protecting the rights of consumers for clear information.