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Konsekuensi Hak Tanggungan Perjanjian Kredit Antara Kreditor dan Debitor Martinus Al Ibrani Giga Taufano; Wilma Silalahi
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.v6i4.2055

Abstract

An agreement is the basis for the implementation of activities that bind the parties with an orientation towards the goals to be achieved. In the agreement, the parties agree to comply with the contents of the agreement, which gives birth to a legal relationship, this can be reformulated as, "Therefore, if one party fails to fulfill its responsibilities, the other party has the right to demand the performance of these obligations. In Indonesia, credit agreements are expressly regulated in Law no. 10/1998, which describes a loan facility as a loan that must be repaid after a certain period of time with interest. The creditor, who facilitates the loan, and the debtor, who borrows, are bound parties. Credit agreements generally have collateral, such as security rights, which are closely related to the repayment of the debt. Nonetheless, cases of default still occur frequently, indicating the need for clearer legal protection for both parties. This research uses a normative legal approach and descriptive analysis to understand the consequences of disputes in credit agreements and the role of mortgage rights in them.
A Review of Labor Law in Addressing the Threats of Termination of Employment Relations in the Era of Artificial Intelligence Technology Disruption Evaline Suhunan Purba; Wilma Silalahi
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1172

Abstract

Artificial Intelligence is a concept related to the development of technology in the 4.0 era and society 5.0. The presence of Artificial Intelligence in people's lives provides significant changes to people's lives. The use of artificial intelligence is so popular that it has been widely used by all circles of society. The presence of artificial intelligence is considered to provide many benefits to society, but the existence of artificial intelligence also brings changes in the field of labor because it causes a reduction in labor in various fields. With the reduction of workers, it will increase the number of unemployed. This research suggests that labor law must provide protection for workers' rights in the current digital era.
Reformasi Ekonomi Melalui Bursa: Peran Strategis Danantara di Pasar Saham Su, Bok Rok; Wilma Silalahi
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

Abstract

This study aims to analyze the strategic role of Danantara in supporting economic reform through its participation in the Indonesian stock market. In the digital economy era, strengthening the capital market is a crucial component to accelerating inclusive and sustainable economic growth. Danantara, as an entity that integrates technology and finance, holds significant potential in accelerating the transformation of the economic structure by enhancing the investment ecosystem. The research methodology employs a qualitative-descriptive approach through literature review, participatory observation, and in-depth interviews with capital market industry players and Danantara’s management. The results indicate that Danantara acts as a bridge between retail investors and the small-to-medium business sector by providing a platform that expands access and transparency in stock trading. Moreover, Danantara contributes to economic reform by improving financial literacy and encouraging broader public participation in the capital market. This role directly strengthens national financial stability and promotes economic equity. However, challenges remain in the form of regulation, technological infrastructure, and cross-sectoral integration, which require further development. Thus, Danantara’s involvement in the stock exchange not only impacts market dynamics but also serves as a key element in a national economic reform agenda that is more modern and adaptive to technological advancements.
Tinjauan Yuridis terhadap Sistem Pembelian Properti di Indonesia Studi Kasus: PT Agung Sedayu Group Elisabeth Niuflapu; Wilma Silalahi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.131

Abstract

This study aims to examine the legal aspects of the property purchase system in Indonesia with a focus on the practices implemented by PT Agung Sedayu Group as one of the leading property developers. The property purchase system in Indonesia still faces various legal challenges, ranging from legal certainty of land rights, legality of sale and purchase agreements, to consumer protection. Through a normative legal approach and case studies, this study analyzes applicable regulations such as Law Number 5 of 1960 concerning Basic Agrarian Principles, the Consumer Protection Law, and implementing regulations related to licensing and property sale and purchase transactions. The results of the general study indicate that although in general PT Agung Sedayu Group has complied with applicable legal provisions, there are still several aspects that need to be improved, especially related to transparency of information to consumers and the mechanism for resolving settlements. This study encourages enforcement of regulations and supervision of developers and increasing consumer legal awareness in property transactions.
Realisasi Keterbukaan Informasi Publik Pada Lingkup KementerianDalam Menunjang Pembaharuan Sistem Hukum Nasional (PSHN) Natasya Klarisa Paruntu; Wilma Silalahi
JURNAL USM LAW REVIEW Vol. 8 No. 2 (2025): AUGUST
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i2.12264

Abstract

The objective of this study is to analyze the rights, obligations, roles, and level of compliance of ministries as public bodies in effectively implementing public information disclosure. The research is grounded in the importance of transparency and accountability as a manifestation of the fulfillment of human rights in governance, despite the fact that its implementation still faces various challenges across several ministries. The urgency of this study lies in the need for a comprehensive evaluation of compliance with public information disclosure standards to strengthen public trust and prevent the misuse of authority. This research employs a normative juridical approach with conceptual and legislative analysis, complemented by empirical data from the assessment results of the Indonesian Ombudsman. The findings reveal that public information disclosure within ministries remains suboptimal, as indicated by the limited availability of public information lists, service charters, and facilities for special-needs users. The novelty of this study lies in its analysis of public information disclosure from the perspective of the National Legal System Reform (PSHN), integrating both normative review and empirical evidence. The study concludes that strengthening regulations, enhancing the capacity of Public Information and Documentation Officers (PPID), and optimizing oversight are essential. Recommendations include policy harmonization and increasing ministerial commitment to making public information disclosure an integral part of national legal reform.   Tujuan penelitian ini adalah untuk menganalisis hak, kewajiban, peran, dan tingkat kepatuhan kementerian sebagai badan publik dalam mengimplementasikan keterbukaan informasi publik secara efektif. Latar belakang penelitian berangkat dari pentingnya transparansi dan akuntabilitas sebagai wujud pemenuhan Hak Asasi Manusia (HAM) dalam penyelenggaraan pemerintahan, meskipun praktiknya masih menghadapi berbagai kendala di sejumlah kementerian. Urgensi penelitian terletak pada perlunya evaluasi menyeluruh terhadap pemenuhan standar KIP guna memperkuat kepercayaan publik dan mencegah penyalahgunaan kewenangan. Metode penelitian menggunakan pendekatan yuridis normatif dengan analisis konseptual dan perundang-undangan, dilengkapi data empiris dari hasil penilaian Ombudsman Republik Indonesia. Hasil penelitian menunjukkan bahwa keterbukaan informasi publik di kementerian belum optimal, terlihat dari rendahnya ketersediaan daftar informasi publik, maklumat layanan, dan fasilitas bagi pengguna berkebutuhan khusus. Kebaruan penelitian ini terletak pada analisis KIP dari perspektif Pembaruan Sistem Hukum Nasional (PSHN) yang memadukan kajian normatif dan data empiris. Penelitian menyimpulkan bahwa penguatan regulasi, peningkatan kapasitas Pejabat Pengelola Informasi dan Dokumentasi (PPID), serta optimalisasi pengawasan sangat diperlukan. Rekomendasi penelitian meliputi harmonisasi kebijakan dan peningkatan komitmen kementerian untuk menjadikan KIP sebagai bagian integral dari pembaruan hukum nasional.    
Hasil Perbandingan Sistem Pemerintahan Menurut UUD 1945 Dengan Hasil Perubahan Setelah Amandemen Anthony Sutedja; Wilma Silalahi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.147

Abstract

The system of government is an essential element in the continuity and existence of a state. Every country inevitably has its own system of government, which may differ from that of other nations. The freedom to determine a system of government must not involve interference or intervention from other countries, as each state has the right to establish and implement its own system. In Indonesia, the administration of government since independence has undergone several changes up to the present day. These changes are referred to as amendments. The amendments to the Constitution concerning the system of government were carried out four times, between 1999 and 2002. These changes were based on government policies and, once again, were not the result of coercion, demands, or pressure from other countries. Rather, they were undertaken by the Indonesian government to ensure the continuity of the state, safeguard national sovereignty, and, most importantly, to promote the welfare of the Indonesian people. In the process of altering a system of government, debates and differing opinions inevitably arise. Therefore, deliberation and public consultation are necessary. The government must carefully evaluate and analyze the inputs from the people before making decisions and implementing them in Indonesia. The government, in principle, does not enact changes or policies solely on its own will without considering public opinion, except in urgent circumstances that require immediate action. Fundamentally, Indonesia adheres to a democratic system of government, in which democracy is defined as a form of governance where the highest authority resides in the hands of the people.
Sistem Pemerintahan Indonesia Pasca Reformasi (Perubahan Konstitusional UUD 1945) Wilma Silalahi; Agusman
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.148

Abstract

The 1998 Reform marked a crucial milestone in Indonesia’s democratic development, leading to constitutional amendments that reshaped the state system. The 1945 Constitution initially positioned the People’s Consultative Assembly (MPR) as the highest state body with the authority to elect the President without term limits, a structure considered incompatible with modern democratic principles. Through four constitutional amendments (1999–2002), significant changes were introduced, including direct presidential elections, a two-term presidential limit, the repositioning of the MPR, the strengthening of the DPR, the establishment of the Regional Representative Council (DPD), the Constitutional Court, and the Judicial Commission. These reforms consolidated the presidential system, reinforced the checks and balances mechanism, and improved democratic quality. Nevertheless, post-reform political practice still faces challenges such as the dominance of political parties, limited legislative authority of the DPD, and coalition politics that often resemble a parliamentary system. This study aims to analyze Indonesia’s system of government after the constitutional amendments using a normative-juridical approach.
Pengujian Perundang – Undangan : Legislative Review Executuve Review dan Judicial Review Wilma Silalahi; Yunita Estu Lestari
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.149

Abstract

In a constitutional state, every legal product must comply with the Constitution to ensure legal certainty, democracy, and the protection of citizens’ constitutional rights. However, the legislative process in Indonesia often faces disharmony, regulatory overlaps, and laws that fail to meet societal needs. This study aims to analyze the mechanisms of legislative review, executive review, and judicial review within the Indonesian legal system and to assess the challenges and solutions in their implementation. The research employs a normative legal method with a conceptual approach, examining constitutional law theories, the principle of checks and balances, and existing statutory regulations, supported by primary and secondary legal sources. The findings reveal that: (1) the three forms of review have distinct meanings, legal foundations, and functions, yet complement each other in safeguarding constitutionalism; (2) each branch of power holds specific authority—legislative review is exercised by the DPR and the President, executive review by ministries and the President, and judicial review by the Constitutional Court and the Supreme Court; (3) significant challenges remain, such as political dominance in legislative review, regulatory disharmony in executive review, and limited access as well as inconsistent rulings in judicial review. The study concludes that although Indonesia has a complete system of legal review, its effectiveness depends on the quality of legislation, institutional coordination, and compliance with judicial decisions. Therefore, this research recommends three key measures: strengthening public legal literacy, enhancing the technical capacity of state institutions, and implementing integrated cross-sector reforms to reinforce transparency, participation, and legal compliance.
Perubahan Undang-Undang Dasar (Pemahaman Tentang Arti Perubahan, Tatacara Perubahan, Kajian Kritis Terhadap Amandemen UUD 1945) Wilma Silalahi; Marsalina Susana
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.150

Abstract

In an ideal order, the constitution of a country must be in line with the values of constitutionalism. The development of the constitution in Indonesia can be grouped into several periods. The first period of the 1945 Constitution, the period of the two parties to the 1949 RIS, the third period according to the 1950 Provisional Constitution, the fourth period with the 1945 Constitution and its explanations. After that the 1945 Constitution was amended successively in 1999, 2000, 2001, 2002 by using a text that was ready from July 5, 1959 as a standard for making changes outside the text which was then used as an inseparable attachment to the manuscript of the 1945 Constitution. The development of the constitution in Indonesia which has been established since August 18, 1945. The approach used is normative juridical, while the data source is secondary data, the analysis uses a qualitative description. The results obtained show that the constitution in Indonesia has undergone several changes, including the 1945 Constitution, the RIS UUDS, the 1950 UUDS and back again to the 1945 Constitution until it has been amended 4 (four) times and has worked until now. Changes in the Indonesian constitution which were caused by external factors and internal factors as well as the existing political and legal conditions had an impact on the changing constitutional system in Indonesia.
Perbandingan Sistem Pemerintahan Indonesia Menurut UUD 1945 Asli dan Setelah Amandemen: Implikasi Terhadap Pembagian Kekuasaan dan Prinsip Checks And Balances Daniel Reynaldi L Tobing; Wilma Silalahi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.151

Abstract

This study examines the comparison of Indonesia’s governmental system before and after the amendments to the 1945 Constitution of the Republic of Indonesia (UUD 1945), focusing on the distribution of powers among the executive, legislative, and judicial branches, as well as the implementation of the checks and balances principle in state governance. Prior to the amendments, Indonesia’s system was highly centralized, granting dominant power to the President while limiting the roles of the legislative and judiciary. Through four constitutional amendments between 1999 and 2002, the system evolved toward greater democracy, transparency, and balance. These amendments strengthened the legislative authority of the House of Representatives (DPR), established new institutions such as the Constitutional Court (MK) and the Judicial Commission (KY), and abolished the concept of a supreme state body. The checks and balances principle now serves as the core mechanism preventing power concentration among state institutions. Using a normative juridical approach, this study concludes that the amendments successfully reinforced a more genuine presidential system and upheld popular sovereignty within a democratic constitutional state.