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Pengaruh Likuidasi Bank Terhadap Perlindungan Para Nasabah (Studi Kasus BPR Legian Denpasar) Ali Murtadho, Nazhif; Shohihah, Millatus
Jurnal ISO: Jurnal Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2024): June
Publisher : Penerbit Jurnal Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53697/iso.v4i1.1827

Financial institutions, one of which is a bank or a place to store funds for the community. Banking institutions have a very important role in people's lives, but it does not rule out the possibility that banks can commit several violations that could result in losses for customers. In this case, there are various forms of violations such as misuse of customer funds, as is the case with the Denpasar regional bank, specifically in the Legian area. The bank is called Legian People's Credit Bank (BPR). Because BPR Legian did not reach the Capital Adequacy Ratio (CAR) because BPR Legian had used customer money for extravagance. The purpose of this writing is to find out the meaning of bank liquidation, the legal basis for liquidated banks, the consequences of revoking a bank's business license, protection of BPR Legian customers, and also to analyze cases that occurred at the Legian People's Credit Bank, Denpasar. This research uses a normative method with a case study approach, and is supplemented by using secondary legal materials with primary materials as the main source in this research in the form of Law Number 24 of 2004 concerning the Deposit Insurance Corporation, and secondary materials including legal journals and several literatures. related to this research. BPR Legian was liquidated due to poor debt management which had experienced extreme leverage or a situation where the amount of debt was above the assets of the company or bank.

The Role of the Surabaya City Manpower Service in Efforts to Resolve Industrial Relations Cases Through Mediation Shohihah, Millatus; Ali Murtadho, Nazhif
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2208

Industrial relations cases can give rise to conflicts between workers and employers which can be detrimental to the industry and society as a whole. In an effort to resolve industrial relations cases, the Surabaya City Manpower Office has an important role in facilitating mediation between the two parties. This research is a type of empirical juridical legal research using primary legal sources, namely obtained using direct interview techniques with the City Manpower Office, and referring to Law no. 2 of 2004 and Law no. 13 of 2003 as well as secondary legal sources obtained using library study techniques (library research) by collecting sources in the form of journal articles, books and related policy documents. The research results show that the Surabaya City Manpower Office has an important role in resolving industrial relations cases through mediation, such as gathering information, facilitating meetings between the two parties, providing suggestions and recommendations, and providing education to workers and entrepreneurs regarding their rights and obligations. However, the effectiveness of the Manpower Office's role still needs to be improved through increasing the competence of Manpower Office officers in conducting mediation, as well as strengthening coordination between the Manpower Office and various related parties in resolving industrial relations cases. This research provides an overview of the role of the Surabaya City Manpower Office in resolving industrial relations cases through mediation and can be a basis for developing further research in the future.

(RETRACTED/DITARIK) QUO VADIS IMPLEMENTASI KONSEP GREEN CONSTITUTION DALAM KEBIJAKAN PEMBAYARAN BERBASIS SAMPAH PLASTIK PADA SURABAYA BUS Ali Murtadho, Nazhif
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

This article has been retracted following an internal investigation by JHP in response to complaints from the public and the original author. The article is a plagiarism of a paper submitted for the Scientific Writing Competition at UIN Law Fair 2023, in March 2023. The submitter sent the article in June 2024, while the original authors presented the paper in 2023.

Perlindungan Hukum terhadap Kreditor Preferen dalam Pemberesan Proses Kepailitan Ali Murtadho, Nazhif
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2499

This research focuses on legal protection for preferred creditors in the bankruptcy process as stipulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). The methodology employed is normative legal research with a statutory approach, specifically UUKPKPU. Data collection was conducted through literature studies and analyzed using descriptive, evaluative, argumentative, and prescriptive techniques. The research findings indicate that bankruptcy functions as a general seizure mechanism for debtor assets to protect creditor interests and ensure fair and proportional debt repayment. Creditors in bankruptcy are categorized into separatist, preferred, and concurrent creditors, with preferred creditors having priority privileges in debt repayment. The principle of creditorium parity and the pari passu prorata parte principle emphasize equality among creditors in obtaining repayment from the debtor's assets. Legal protection for preferred creditors aims to avoid conflicts among creditors and protect the interests of certain parties such as workers and the state. The conclusion is that bankruptcy confirms an equal position among creditors in obtaining receivables repayment from the debtor's assets, with preferred creditors enjoying special privileges regulated by law. The implementation of bankruptcy must be based on legal principles that ensure justice and balance in the distribution of debtor assets.

Paradigm for the Recruitment of Supreme Court Judges by the House of Representatives is Part of Constitutional Political Intervention Ali Murtadho, Nazhif
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.394

The pattern of recruitment of Supreme Court justices which is constitutionally regulated in Article 24A paragraph (3) requires that the nomination of Supreme Court judges is carried out through a nomination mechanism that has been carried out by the Judicial Commission to be approved by the DPR and determined by the President as part of the check and balance concept. However, in such a mechanism it actually confronts a paradigm in which the concept of checks and balances that is presented actually intersects with the concept of independence from the judicial power itself. So by using the literature study or library research method, a conception is obtained that so far the concept of checks and balances has not been placed in the right realm. So that it often creates a problem that intersects one authority with another, including in the realm of the mechanism for the recruitment of Supreme Court justices. So it is important to understand how the conception of Article 24A paragraph (3) is the legal basis for the pattern of recruitment of Supreme Court justices. As well as occupying the concept of the independence of the Judicial Commission in an effort to create accountable supreme justices.

Examining the Effectiveness of Using Bankruptcy as an Ultimum Remedy in Resolving Debt and Receivable Disputes: Case Analysis of PT Jawa Barat Indah Millatus Shohihah; Ali Murtadho, Nazhif
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.692

Bankruptcy is a condition that causes a person or legal entity to become incompetent in carrying out legal actions. The Bankruptcy Law was originally created to protect creditors by providing a clear and definite mechanism for resolving unpaid debts. Debtors who have difficulty paying their maturing debts and believe that they are unable to continue payments can submit a PKPU to the Commercial Court. In bankruptcy, there are several important principles, one of which is the existence of debt. Debt is the main requirement for filing for bankruptcy, because without debt a bankruptcy case cannot be filed. Bankruptcy should belast resort, namely as the last solution or the last solution of the last in solving the problem. But in reality in the bankruptcy case of PT Jawa Barat Indah, Bankruptcy was just like premium remedy or the first resort. The author will provide a review and portrait of three important things. First, regulation of debt principles in the Bankruptcy Law; Second, bankruptcy principle as last resort; and Third, analysis of the effectiveness of the use of bankruptcy in cases of disputes over debts against the case of PT Jawa Barat Indah. The method in this article is normative juridical, Law No. 37 of 2004 became the primary legal material, library research is the technique of collecting legal materials in this article. Secondary legal material uses theory last resort as a benchmark and tertiary legal material as an elaboration of certain terms. Research results: 1) The principle of debt in UUK-PKPU has two equally strong opinions, namely the narrow angle (principal debt and interest) and the broad angle (performance obligation in civil law). 2) Bankruptcy as the last action after reorganization efforts, to prevent gaps, while filing for bankruptcy requires prior understanding regarding the implementation of agreements and the involvement of Debtors and Creditors.

Perlindungan Hukum Bagi Investor Terhadap Insider Trading di Pasar Modal Dalam Perspektif Undang-Undang Pasar Modal Ali Murtadho, Nazhif
Recital Review Vol. 6 No. 1 (2024): Volume 6 Nomor 1 Januari 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i1.31495

This study discusses legal protection for investors against insider trading practices in the capital market based on Law Number 8 of 1995. Insider trading is an illegal action in which individuals use confidential information that is not yet publicly available in securities transactions. This research uses normative legal research or literature law research that focuses on analyzing the norms contained in laws and regulations as well as norms governing the capital market and insider trading aspects in it. The law provides for prohibitions and sanctions against insider trading actors, including the imposition of administrative, criminal, and civil sanctions. However, there are challenges in proving insider trading cases and legal loopholes that can be exploited by perpetrators. Firm and effective law enforcement against insider trading is important to maintain fairness and stability of the capital market and provide legal certainty for investors. This study identifies efforts that can be made to strengthen legal protection for investors and provides recommendations to improve the effectiveness of law enforcement against insider trading in the capital market.

The Reason of The Legal Term New on Revision (Review) as an Extraordinary Legal Remedy in The Criminal Legal System in Indonesia: Ratio Legis Istilah Novum pada Herziening (Peninjauan Kembali) sebagai Upaya Hukum Luar Biasa dalam Sistem Hukum Pidana di Indonesia Ali Murtadho, Nazhif; Ramadhan, Muhammad Galuh Pamungkas Wahyu; Adam, Rama H.
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 10 No. 2 (2024): December 2024
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2024.10.2.180-197

Novum is one of the requirements for submitting a Judicial Review in accordance with Article 263 paragraph (2) letter a of the Criminal Procedure Code. However, in the practice of criminal law enforcement, there are various interpretations by legal officers, such as police, prosecutors, lawyers and judges. These differences in interpretation trigger legal uncertainty and result in irregularities in the criminal justice system. The research method used is a normative juridical research method. Furthermore, this research aims to provide an overview of the Ratio Legis from Novum in Judicial Review as an Extraordinary Legal Measure, with the aim of providing understanding, input and contribution of thought about what is meant by Novum. In general, the novum must have a very strong role or influence, or be decisive in being able to issue a decision of acquittal, free from all legal demands, the public prosecutor's demands cannot be accepted, or lighter criminal provisions are applied. In fact, the meaning of novum is broader than just 'new evidence' because it can be 'new valid evidence', 'new evidence', as well as 3 (three) reasons for requesting a PK as regulated in Article 263 paragraph (2) of the Criminal Procedure Code can also be called a novum.

The Role of the Surabaya City Manpower Service in Efforts to Resolve Industrial Relations Cases Through Mediation Shohihah, Millatus; Ali Murtadho, Nazhif
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2208

Industrial relations cases can give rise to conflicts between workers and employers which can be detrimental to the industry and society as a whole. In an effort to resolve industrial relations cases, the Surabaya City Manpower Office has an important role in facilitating mediation between the two parties. This research is a type of empirical juridical legal research using primary legal sources, namely obtained using direct interview techniques with the City Manpower Office, and referring to Law no. 2 of 2004 and Law no. 13 of 2003 as well as secondary legal sources obtained using library study techniques (library research) by collecting sources in the form of journal articles, books and related policy documents. The research results show that the Surabaya City Manpower Office has an important role in resolving industrial relations cases through mediation, such as gathering information, facilitating meetings between the two parties, providing suggestions and recommendations, and providing education to workers and entrepreneurs regarding their rights and obligations. However, the effectiveness of the Manpower Office's role still needs to be improved through increasing the competence of Manpower Office officers in conducting mediation, as well as strengthening coordination between the Manpower Office and various related parties in resolving industrial relations cases. This research provides an overview of the role of the Surabaya City Manpower Office in resolving industrial relations cases through mediation and can be a basis for developing further research in the future.

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