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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice
Razak, M. Abdul
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Law, Crime, Criminology & Criminal Justice

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JURIDICAL ANALYSIS BETWEEN LIFE INSURANCE COMPANY AND INDEPENDENT MARKETING OFFICE IN DISTRICT COURT DECISION NUMBER: 661/PDT.G/2021/PN.JKT.SEL Puspita, Bunga Putri; Razak, M. Abdul
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.369

Abstract

We need a financial service organisation that assists in managing and planning one’s finances in order to achieve a prosperous life in society. In addition, a fair and transparent agreement is needed in arranging insurance. All companies in the financial services sector including insurance companies must be supervised by Financial Services Authority (OJK) as stipulated in Law No. 40/2014 on insurance. It is conducted to prevent potential fraud that can endanger customers. Therefore this research is conducted to find out and analyse about cooperation agreement procedure between life insurance company and independent marketing office especially the case on District Court Decision Number: 661/Pdt.G/2021/Pn.Jkt.Sel. The type of research used is normative combined with a statutory and case study approach. The research results indicate that an insurance agreement must fulfil the requirements in accordance with Article 1320 BW and the mandatory provisions of the Criminal Code Articles 250-251. Independent marketing offices that cooperate with insurance companies must always be aware in conducting agreements to prevent unwanted force majeure in the future. The legal effect of force majeure is that the defendant cannot fulfil its obligations in the engagement, but the South Jakarta District Court has determined that the defendant must pay costs, penalties and interest.
PROBLEMS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF PRODUCTION AND DISTRIBUTION OF OPLOSAN IN EAST JAVA REGIONAL POLICE Suroso, Dr. Imam; Jamil, Dr.; Razak, M. Abdul; Ramadhina, Nabila Fitra
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.642

Abstract

The low purchasing power and high cost of legal alcoholic beverages in Indonesia has led to an increase in the demand for locally produced oplosan (mixed) alcoholic beverages. This phenomenon is a serious concern for law enforcement officials, particularly in the East Java Regional Police, considering the significant increase in the manufacture and distribution of oplosan. Despite this, the sale of legal alcoholic beverages remains quite common and high. This research aims to identify the various challenges faced by law enforcement in prosecuting perpetrators responsible for the production and distribution of oplosan. Using empirical research methodology and in-depth interviews with law enforcement officials at the East Java Regional Police, this research revealed significant difficulties in enforcing the law against this illegal practice. The findings of this research revealed that consuming illegal alcoholic beverages, such as oplosan, poses a high health risk to the people who consume them. Strict laws on alcohol consumption and the low price of oplosan have led to an increase in its sale. The production and distribution of oplosan is regulated by criminal law in Indonesia, with severe sanctions for violators. Despite the legislative framework aimed at protecting the public, law enforcers in the East Java Regional Police face obstacles, such as geographical factors, the common drinking culture, economic issues, and the lack of consequences for violators.
Co-Authors Jamil, Dr. Puspita, Bunga Putri Ramadhina, Nabila Fitra Suroso, Dr. Imam