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All Journal Jurnal Hukum Samudra Keadilan Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Perspektif Administrasi Publik dan hukum
Jinner Sidauruk
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Analysis of the Legal Force of Mediation Results as a Dispute Resolution Method in Business Contracts (Based on Law Number 30 of 1999 Concerning Alternative Dispute Resolution) Glora Meliana Sitohang; Jinner Sidauruk; Sovia Simamora
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13878

Abstract

Based on Larw Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this study examines the legality of mediation outcomes as a dispute resolution procedure in business contracts. Mediation is one alternative dispute resolution technique. By using a mediator as an impartial third party, the two parties to the dispute hope to come to a peaceful resolution. In commercial negotiations, mediation offers benefits since it saves time and money while preserving positive relationships between the parties. This study combines a qualitative analytical method of statutory regulations, legal documents, and related literature with a normative juridical approach. According to the research findings, if the mediation judgment specified in the agreement satisfies specific requirements outlined in Law Number 30 of 1999, it has bonding legal force for both parties. In addition to being signed by the mediator and the parties, the mediation agreement may be presented to a court for approval, or homologation, which grants it executory powers. In addition, this study found a number of elements that affect how well mediation works to settle disputes involving commercial contracts, such as the mediator's skill and reputation, the transparency of the mediation process, and the parties' openness in sharing information and communicating with one another. The analysis's findings led to the conclusion that mediation, when used to settle conflicts in commercial contracts, has a great deal of potential to be an effective and efficient solution, with adequate legal force in accordance with applicable regulations.
The Company's Responsibility Regarding Unilated Termination That Impact On Workers' Rights Is Reviewed From Law No. 6 of 2023 Concerning Job Creation Prayusti Sarah Simarmata; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1266

Abstract

Layoffs refer to the termination of the employment relationship between employers and workers, which can occur for various reasons. When an employment contract ends due to the expiration of the agreed-upon term, it typically does not cause problems for either party, as both are aware of the end date and can prepare for the change. However, layoffs resulting from disruptions or unforeseen circumstances have a significant impact on both parties, especially workers, who often hold a weaker economic position compared to employers. A key element of legal protection against unilateral layoffs is the presence of an effective conflict resolution mechanism. This study aims to examine the responsibility of companies in unilaterally terminating employees, focusing on their obligation to provide workers' rights and the implementation of these provisions under Law No. 6 of 2023. The research utilizes a normative legal approach with a focus on statutory regulations. Legal sources include the Employment Law as primary material, scientific literature and books as secondary sources, and dictionaries as tertiary materials. Data analysis was conducted qualitatively, drawing on theoretical studies involving legal principles, concepts, and rules.
Legal Analysis of the Responsibility of Expedition Companies X to Service Users Goods that are Damaged or Lost During Stacking in the Stacking Field Richa Yohana Rusli Siahaan; Martono Anggusti; Jinner Sidauruk
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.v5i2.1278

Abstract

Sea transportation plays a very important role in international trade as one of the main components in the process of distributing goods. Nonetheless, the losses incurred in sea transportation activities are often greater than the losses caused by the transportation process itself, such as damage, shortages, and loss of goods that can occur during the process of unloading goods at the port by freight forwarding companies by sea. This study aims to analyze the limits of obligations and legal relationships between freight forwarding companies, carriers, and sea freight forwarding companies in the context of sea transportation activities. Using a normative legal research methodology, this study utilizes legal resources that include relevant laws and regulations as well as applicable court decisions, with a legislative approach and a case approach. The results of this study show that, first, the limitation on the responsibility of the expedition company regulated in Article 87 of the Commercial Code (KUHD), as well as the limitation of the carrier's liability regulated in Article 40 and Article 41 of Law Number 17 of 2008 concerning Shipping, unlawful acts under Article 1365 of the Civil Code, and the responsibility of the sea transportation expedition company in terms of providing convenience, licensing, supervision, and the implementation of order in sea transportation activities, as stipulated in Cassation Decision Number 2665 K/Pdt/2022 which corroborates the decision of the Medan District Court in case Number 728/Pdt.G/2016/PN.Mdn, is in accordance with and includes legal objectives which include legal certainty, justice, and benefits for all parties involved.
Legal Protection of Intellectual Property Rights in the Form of Trademarks on Mandatory Halal Food & Beverage (F&B) Products in Indonesia Ofelica Ruth Mayca; July Esther; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1482

Abstract

Indonesia, as the Country with the largest Muslim population in the world, has great potential in the halal food and beverage (F&B) Industry. Halal products not only fulfill the needs of Muslim consumers, but are an important part of cultural and religious identity. Intellectual Property Rights (IPR) protection plays a crucial role in encouraging innovation, protecting originality, and increasing the competitiveness of local products, especially in the F&B business sector. In the context of halal, halal certification has been made mandatory through Law 33 of 2014 concerning Halal Product Guarantee (JPH Law), which aims to provide legal certainty, safety, and convenience for consumers, while supporting the competitiveness of producers. This research explores the legal protection of brands in mandatory halal F&B products in Indonesia, by discussing the role of the government with related institutions and IPR protection in the face of global competition, as well as strategic steps to increase business actors' awareness of the importance of IPR and halal certification.
Analisis Hak Serta Rehabilitasi Nama Baik Korban Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Jekson Kipli Lumban Toruan; Jinner Sidauruk
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.64

Abstract

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.
Co-Authors Debora Dwi Mika Elencia Sirait Dwi Natalia Martama Hutabarat Esther, July Fransiska Sinaga Glora Meliana Sitohang Herlina Manullang Immanuel Lamhot Sitanggang Janpatar Simamora Jekson Kipli Lumban Toruan Joyce Vania Sarumaha Juznizar Sinaga Leyla Vani Panjaitan Martono Anggusti Nelly Kapitarani Panggabean Ofelica Ruth Mayca Prayusti Sarah Simarmata Richa Yohana Rusli Siahaan Roida Nababan Rosiana Agnes Rizky Sirait, Dwi Mika Elencia Sovia Simamora