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All Journal Jurnal Ius Constituendum YUSTISI Yustisi: Jurnal Hukum dan Hukum Islam Nommensen Journal of Legal Opinion Indonesian Journal of Business Analytics (IJBA) Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Jurnal Sosial dan Sains International Journal of Law, Crime and Justice
Roida Nababan
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Legal Responsibility of Hospitals for Doctors' Misdiagnosis of Patient's Disease Based on Law No. 17 of 2023 concerning Health Feni Rose Purba; Roida Nababan; Besty Habeahan
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.v4i1.13859

Abstract

A doctor's misdiagnosis can cause harm to the patient. Hospitals as health service institutions have legal responsibility for doctors' misdiagnoses. This study aims to analyze the legal responsibility of hospitals for doctors' misdiagnoses of patient illnesses based on Law no. 17 of 2023, analyzes patients' legal efforts against misdiagnosis from a juridical and practical perspective. The research results show that patients can take legal action through administrative, civil and criminal channels. And research shows that hospitals have legal responsibilities for doctors' misdiagnoses, including compensation and restoring the patient's health. Article 193 of Law Number 17 of 2023 concerning health provides a strong legal basis for enforcing hospitals' legal responsibility for doctors' misdiagnoses.
Principles of Implementation of Transfer of Undertaking Protection of Employment (Tupe) as a Form of Legal Protection for Outsourcing Workers Iona Febrina Simanjuntak; July Esther; Roida Nababan
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.v4i1.13862

Abstract

The Transfer of Undertaking Protection of Employment (TUPE) principle gives birth to a new legal norm that guarantees legal protection for the rights of outsourced workers. This protection is especially applicable when a job continues even though there is a change of company that carries out part of the work from another company or a labor provider company. This study uses a normative legal method, namely an approach that focuses on literature review by examining regulations and literature relevant to the problems being studied. In an effort to adjust the concept of outsourcing in accordance with the provisions of Government Regulation Number 35 of 2021, Law Number 6 of 2023 which stipulates the Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into law reaffirms the principle of protection for workers in the outsourcing scheme. With this principle, workers get legal certainty, so that they do not lose their jobs or the rights they have previously obtained. In addition, TUPE also contributes to increasing the sense of security and stability in employment relationships.
Legal Responsibility of Companies in Implementing Corporate Social Responsibility (CSR) in Indonesia Lestari Siahaan; Hisar Siregar; Roida Nababan
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.v4i1.13892

Abstract

Corporate Social Responsibility (CSR) in Indonesia began to develop in the 2000s, along with increasing global awareness of social and environmental issues. The culmination of this development occurred in Indonesia in 2007 with the passing of Law Number 40 on Limited Liability Companies, which requires companies, especially in the natural resource sector, to carry out social and environmental responsibilities. Since then, various regulations and policies have been issued to strengthen CSR obligations, including Law Number 25 of 2007 on Capital Investment and Law Number 32 of 2009 on Environmental Protection and Management. Nonetheless, the implementation of CSR in Indonesia still faces challenges, including violations committed by several companies in Indonesia. This research aims to explore the legal responsibilities of companies in implementing CSR in Indonesia as well as sanctions that can be imposed if companies do not fulfill their obligations. The research method used is normative with qualitative analysis that refers to various laws and regulations and related literature. This research emphasizes the importance of the company's role in sustainable economic development and is oriented towards the welfare of society.
Legal Responsibility of Skincare Companies for Overclaim-Based Marketing Strategies (Misleading Benefits) Pitra Regina Sipahutar; Roida Nababan; Sovia F. T 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.v4i1.13936

Abstract

Overclaim (misleading benefits) often occurs through excessive claims regarding product benefits that are not supported by adequate scientific evidence, thus misleading consumers and creating unfair business competition. Based on Law Number 8 of 1999 concerning Consumer Protection and BPOM regulations, companies can be held accountable based on the principles of strict liability and product liability, which require business actors to provide compensation. In this study, the author will discuss the legal responsibility of skincare companies for the practice of overclaim (misleading benefits) in marketing their products and the legal efforts that can be taken by consumers who are harmed. By using normative legal methods and qualitative approaches, the results of the study show that companies can be held accountable based on the principles of strict liability and product liability in accordance with the Consumer Protection Law (UUPK) and BPOM regulations. Consumers who experience losses can seek dispute resolution through non-litigation channels (mediation, arbitration, or the Consumer Dispute Resolution Agency) or litigation (court). Overclaim, Skincare, Legal Responsibility, Consumer Protection
Cancellation of Deed of Sale and Purchase of Land Rights Because the Object of the Agreement Does Not Match the Agreed Agreement Mega Sari Purba; Roida Nababan; Sovia Febrina Tamaulina 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.v4i1.13937

Abstract

Land is an important object in human life that can be transferred by means of sale and purchase, which transfer is stated in the Deed of Sale and Purchase (AJB). In this study, the author focuses on the Cancellation of the Deed of Sale and Purchase of Land Rights Because the Object of the Agreement Does Not Match the Agreed Agreement, as a discussion of the research, the author raises the formulation of the problem that will be studied by the Author is to analyze How are the legal consequences of the cancellation of the deed of sale and purchase of land rights and the factors causing the cancellation of the sale and purchase agreement of land rights according to Permen ATR / BPN No. 24 of 1997 Article 37 Concerning the transfer of land rights. The research method used is normative legal research with descriptive analytical data analysis and using data collection tools, namely secondary and primary data. Based on the results of the study, it can be concluded that there are several factors for the cancellation of a land sale and purchase agreement because the object of the agreement does not match the agreed agreement, one of which is because it is canceled due to the failure to fulfill the requirements stipulated by law, the type of formal agreement which results in the agreement being canceled by law and the legal consequences of the cancellation of the sale and purchase agreement, namely all conditions must be returned to their original state when there was no legal act.
As a Consequences of the Law of Unilaterally Closing Road Access for Public Road Interests (Case Study of Register Number 92 / Pdt.G / 2021 / PN. Sim) Alberto Paskah Tarigan; Hisar Siregar; Roida Nababan
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.v5i3.1594

Abstract

This research examines the legal consequences of unilaterally closing public road access based on case study Number 92/Pdt.G/2021/PN. Sim. This closure gave rise to legal and social disputes in society. With a normative juridical approach, this research analyzes legal bases such as the UUPA, Civil Code, and Road Law. The research results show that the act of closing road access without a valid legal basis violates the principle of the social function of land rights (Article 6 UUPA) and can be categorized as an unlawful act (Article 1365 of the Civil Code). The main obstacles in resolving disputes are the defendant's non-compliance with legal decisions and weak enforcement of regulations. Therefore, it is necessary to strengthen regulations regarding road access, increase the government's role in mediating land disputes, as well as legal education for the community to prevent similar conflicts in the future.
Legal Review of Legal Consequences For Members of the Online Arisan E-Master Who Are in Default in Making Arisan Money Payments According to Civil Law: (Study of Decision Number 41/Pdt.G/2021/PN Pwd) Yarisman Zai; Roida Nababan; Meli Hertati Gultom
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i1.483

Abstract

Online rotating savings groups (arisan) are a form of activity involving numerous members with the purpose of periodic fund collection. In practice, these activities often give rise to various legal issues, one of which is the breach of obligations (wanprestasi) by members in fulfilling their payment commitments. Such breaches result in legal consequences that not only harm the involved parties but also have the potential to erode public trust in online rotating savings activities. One case that serves as the focus of this research is Decision Number 41/Pdt.G/2021/PN Pwd, which addresses the issue of breach of obligations within the E-Master online rotating savings group. This study aims to analyze the legal consequences arising from breaches of obligations by members in the payment of arisan contributions under civil law. Employing a normative juridical approach and case study method, this research underscores the importance of legal certainty in resolving disputes related to online rotating savings. Furthermore, it highlights the need for more specific legal regulations governing online rotating savings activities to safeguard the rights of all involved parties.
Legal Consequences of Debtor Bankruptcy on Recipient Agreements Made Prior to Bankruptcy Based on Law Number 37 of 2004 Laia, Felix Otaris; Martono Anggustin; Roida Nababan
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.731

Abstract

This study explores the legal consequences of bankruptcy on reciprocal agreements made prior to the debtor’s declaration of bankruptcy, as governed by Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. In the event of bankruptcy, control and management of the debtor's assets are transferred to a curator, which can alter the implementation of reciprocal agreements that have not been fully or partially fulfilled. According to Article 36 of Law No. 37/2004, parties who have agreements with the debtor can request confirmation regarding the continuation of the agreement from the curator within a specified period. If the curator decides not to continue, the agreement is terminated, and the other party has the right to claim compensation and will be recognized as a concurrent creditor. This study also examines the legal protection available to the parties involved, as well as the practical implications for legal and business relationships after a bankruptcy decision is made. The findings demonstrate that bankruptcy significantly affects the performance of reciprocal agreements, necessitating adjustments to the rights and obligations of all parties based on the provisions of the Bankruptcy Law. These adjustments are essential to ensuring justice and legal certainty for all parties involved in such agreements, balancing the interests of creditors, debtors, and other stakeholders. Ultimately, the study emphasizes the importance of understanding the legal framework surrounding bankruptcy and its consequences on ongoing contractual relationships, as well as the need for a fair and transparent process in dealing with claims and obligations post-bankruptcy.
Legal Responsibility of Debitur to Creditors For Acts Against the Law in Credit Agreements : (Study of Decision Number 1060/Pdt.G/2023/PN Mdn) Wilda Hilda Riska Laia; Roida Nababan; Besty Habeahan
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.736

Abstract

Agreement is one of the most important sources of engagement in civil law. In practice, agreements become the legal basis for parties to regulate mutual rights and obligations. As in credit agreements where credit agreements are one of the most common forms of agreements in banking practices and financing activities in Indonesia. This agreement becomes the legal basis for the relationship between creditors and debtors in the context of providing loan facilities. This article discusses the juridical aspects of credit agreements, starting from the elements of a valid agreement, the principles that underlie it, to the legal consequences that arise in the event of default or unlawful acts by one of the parties. The research was conducted using a normative juridical method that focuses on analyzing laws and regulations, especially the Civil Code and the Banking Law. The results of the study show that credit agreements are not only civilly binding, but also contain potential criminal law consequences in the event of misuse. Therefore, it is important for the parties to understand the contents and legal consequences of the credit agreement thoroughly.
Legal Protection for Contract Work Service Providers Due to Contractor Default in Road Paving Construction Services Contracts Based on Law Number 2 of 2017 Concerning Construction Services Rico Altito Deanova Sidebang; Roida Nababan; Besty Habeahan
Indonesian Journal of Business Analytics Vol. 5 No. 4 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i4.15202

Abstract

Contract service providers are often in a weak position in the implementation of construction service contracts, especially when the main contractor commits a breach of contract, such as through work delays or work that does not meet specifications. Therefore, this study aims to examine the forms of legal protection for contract service providers who suffer losses due to contractor default and examine the legal remedies that can be taken by these service providers. The research method used is a normative juridical approach with qualitative analysis techniques of laws and regulations, legal doctrine, and a case study of the Dolok Sanggul Siborong-borong asphalting project. The results show that legal protection for contract service providers can be carried out preventively through detailed contract agreements, performance guarantees, and business certification. As for repressive protection, protection is provided through efforts to summons, lawsuits for breach of contract, contract termination, and reporting to supervisory institutions. In the context of work delays, service providers can also take litigative and non-litigative routes such as mediation, arbitration, and court. Therefore, it is important for contract service providers to fully understand the contents of the contract and legal procedures to protect their rights fairly and proportionally.
Co-Authors Alberto Paskah Tarigan Anggusti, Martono August P silaen Ayu Margareth R. Sitinjak Beriman Jaya Nazara Besty Habeaan Besty Habeahan Elis Yesika br Rajagukguk Esther, July Feni Rose Purba Hisar Siregar Immanuel Lamhot Sitanggang Iona Febrina Simanjuntak Jinner Sidauruk Joel Fredly Pakpahan Laia, Felix Otaris Lesson Sihotang Lestari Siahaan Lusia Nova Hutasoit Marnipera Ngerika Sihombing Marpaung, Stanley Martono Anggusti Martono Anggustin Masni Purba Mega Sari Purba Meli Hertati Gultom Mokosoina Ntuacademy Pitra Regina Sipahutar Rico Altito Deanova Sidebang Roma Cita Sibatuara Samuel Situmorang Sianturi, Tri Saputra Marojahan Sovia F. T Simamora Sovia Febrina Tamaulina Simamora Sovia Simamora Tarigan, Stevani Teresa Akgriana Putri Manihuruk Wilda Hilda Riska Laia Yarisman Zai