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Pembuktian Unsur Niat Jahat (Mens Rea) Direksi Debitor Dalam Actio Pauliana yang Merugikan Kreditur: Sinkronisasi Hukum Kepailitan dan Tindak Pidana Penipuan Beriman Jaya Nazara; Roida Nababan
Jurnal sosial dan sains Vol. 5 No. 10 (2025): Jurnal Sosial dan Sains
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsosains.v5i10.32529

Abstract

Actio Pauliana merupakan perangkat legal yang esensial untuk proteksi kreditor, daya gunanya sering kali terdegradasi oleh kompleksitas pembuktian intensi kejahatan (mens rea) pada direksi. Adanya disparitas hukum ini membuka peluang bagi direksi untuk mengelak dari tanggung jawab individual atas tindakan curang yang berakibat kerugian pada kreditor. Riset hukum normatif ini memberikan jawaban atas dilema tersebut dengan mengajukan dua gagasan inovatif. Pertama, studi ini merekonseptualisasi aplikasi beban pembuktian terbalik, tidak hanya sebagai piranti perdata, melainkan sebagai mekanisme untuk mengungkap mens rea direksi. Kedua, riset ini mengartikulasikan sebuah model sinkronisasi prosedural di mana vonis Actio Pauliana yang telah final dan mengikat dapat berfungsi sebagai alat bukti awal yang memadai untuk menginisiasi investigasi kriminal atas delik penipuan. Model tersebut membentuk suatu pertanggungjawaban jalur ganda (dual-track liability) yang tidak hanya memulihkan aset kepailitan, tetapi juga menjatuhkan sanksi pidana yang proporsional. Dengan demikian, sinkronisasi ini menyajikan sebuah solusi praktis untuk menjembatani kesenjangan hukum, memperkokoh perlindungan bagi kreditor, dan menghadirkan efek jera yang selama ini belum optimal.
TINJAUAN HUKUM TENTANG PEMUTIHAN PINJAMAN AKIBAT DEBITUR MENINGGAL DUNIA Sianturi, Tri Saputra Marojahan; Roida Nababan; Lesson Sihotang
Nommensen Journal of Legal Opinion Vol. 5 No. 2 Juli 2024
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v5i2.1035

Abstract

This study aims to determine the principle of prudence in providing credit at the Panitonga branch of Bank Rakyat Indonesia and to find out what causes credit whitening if the debtor dies at the Panitonga branch of Bank Rakyat Indonesia. The type of research used is Field Research (Interview) and Library Research (library) and materials related to the law regarding credit whitening due to the death of the debtor. The principle of prudence in lending to Bank Rakyat Indonesia Panitonga is to maintain the soundness of the bank with the provisions of capital requirements, asset quality, management quality, liquidity, profitability, solvency, and other aspects related to the bank with the provisions and implementation of the 5C principles and & 7P. Credit whitening carried out at the BRI Panitonga branch when the debtor dies due to a loan insurance which is in accordance with the provisions of the insurance policy, if the debtor dies, the insurance covers/pays the remaining credit from the side debtor, so that the debtor's heirs are not burdened with credit payments of the deceased debtor.
TINJAUAN YURIDIS PEMBATALAN PERJANJIAN PADA MASA PANDEMI COVID-19 DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Marpaung, Stanley; Roida Nababan; August P silaen
Nommensen Journal of Legal Opinion Vol. 5 No. 2 Juli 2024
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v5i2.1036

Abstract

This study aims to review the jurisdiction of the cancellation of the agreement during the Covid-19 pandemic in terms of the Civil Code. The focus. what are the legal consequences of canceling the agreement during the COVID-19 pandemic in terms of the Civil Code and what legal remedies can be taken by those who suffer losses due to the cancellation of the agreement based on the Civil Code. The type of research used in this study is normative legal research that utilizes literature as a data source. The object of research is based on written legal materials by exploring theories, concepts. and the legal and regulatory principles related to this research. The data collection method is the library research method, namely all efforts carried out to obtain information/data related to the problems studied and the data analysis used is qualitative data analysis methods. Based on the results of the study the legal consequences of canceling the agreement during the COVID-19 pandemic in terms of the Civil Code are: (1) Due to a defect of will, error/mistake/error (dawling), fraud (bedrog) and abuse of circumstances (misbruik van de omstandighenden), (2) Legal remedies that can be taken by those who suffer losses due to the cancellation of the agreement based on the Civil Code can be carried out by litigation and non-litigation based on Law no. 30 of 1999, namely by negotiation, consultation, conciliation, mediation can be done through the local court.
RESIKO DISALAH GUNAKAN SERTIFIKAT HAK MILIK TANAH YANG TIDAK DIBALIK NAMA DAN UPAYA HUKUM YANG DITEMPUH anggusti, martono; Roida Nababan; Mokosoina Ntuacademy
Nommensen Journal of Legal Opinion Vol 03 No 02 Juli 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i2.2376

Abstract

In this day and age, many people are in dire need there is land. Many people also use this land as a future investment front. Because land prices rise every year. This one investmentIt is also closely related to buying and selling land. Definition of buying and selling land according to customary law is an act of transfer of rights, which is cash, real and bright. The nature of cash means Cash, is the transfer of rights by the sellertogether with payment by the buyer and immediately the rights are availableswitch. One of the legal acts of transferring ownership rights to land is bybuying and selling land. In the current practice of buying and selling land, this is expectedthere is legal certainty that can guarantee the continuation of these activitiesthrough the reverse of the name of the land title certificate. Reverse the name of the land title certificate What is done by buying and selling is a legal act of transferring rights other things, except that transfer of rights through auction can only be registered if proven by a deed made by the authorized PPAT. Objective The expected writing in this research is: To analyze the process of changing the name of a title certificate when buying and selling land; To analyze legal consequences if you do not change your name in the buying and selling process land, to analyze the legal measures that can be taken against the perpetrators use of land certificates. This research uses normative research methods, with a focus on collecting data as primary, secondary or tertiary data. Technique Data collection includes data analysis, which ensures proper interpretation of the data systematic, clear, and accurate to provide meaningful insights. Results This research is the Implementation of Transfer of Names of Ownership Certificates in Buying and Selling Land carried out by the Deli Serdang Land Office against the certificate Land ownership rights are legally impaired due to ownership certificates previously had been involved in buying and selling with other people. Apart from that, come back the name on the title certificate is not known to the person has civil rights to the land. For the community there must also be more find out about name change procedures, which are in accordance with regulations applicable laws. To avoid a possible problem happen. Apart from that, increasing awareness in carrying out buying and selling transactionsIn accordance with applicable regulations, this is the application of PP No. 24 years old 1997 Concerning Land Registration
Legal Review of Legal Protection for Children Born Out of Wedlock Based on Constitutional Court Decision Number 46/PUU-VIII/2010: Implications of Constitutional Court Decision No. 46/PUU-VIII/2010 on the Rights of Children Born Out of Wedlock Elis Yesika br Rajagukguk; Roida Nababan; Sovia Simamora
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.v2i3.755

Abstract

This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach.  Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results,  as well as various official institutional documents such as regulations and other literature relevant to the issues being studied.  The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education,  and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.
Legal Protection For Customer Data Security In Internet Banking Systems: Evaluating Legal Frameworks for Customer Data Protection Ayu Margareth R. Sitinjak; Martono Anggusti; 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.v2i3.757

Abstract

This study discusses legal protection for customer data security in internet banking systems in Indonesia, especially after the enactment of various related laws and regulations. The purpose of this study is to analyze how legal protection is applied and the legal measures that can be taken by customers if their data is not protected. The research method used is normative legal research with a qualitative approach, through data collection from secondary sources such as laws, legal literature, and official documents. The final findings show that although legal protection has improved with the existence of relevant laws, there are still challenges in its implementation. Customers have the right to file complaints and legal claims in the event of a data breach, which includes complaint procedures with banks and the Financial Services Authority. Compliance with regulations and the principles of legal justice are essential to maintaining public trust in the banking sector.
Analisis Yuridis Legalitas Perjanjian Perkawinan Pisah Harta sebagai Perlindungan Hukum bagi Pasangan Suami dan Istri dalam Proses Perceraian Gabe Putra Lumban Batu; Roida Nababan
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2194

Abstract

Marriage is a basic human need that involves an official agreement between husband and wife, regulating rights and obligations, including the ownership and management of joint property. Under Indonesian law, property acquired during marriage is considered joint property, which often becomes a source of conflict during divorce. To prevent this, Indonesian law recognizes the existence of a marital separation of property agreement, which regulates the separation of assets between spouses from the beginning, whether before or during marriage. A separation of property agreement provides legal protection for personal assets, protects one party from being liable for the partner’s debts, and reduces the potential for disputes during divorce. Therefore, it is important for the public to receive socialization and legal education about the separation of property agreement in marriage to increase understanding of its benefits and protect the rights of married couples in both marriage and divorce. Legal education on this matter can help reduce disputes over joint property and offer better protection for couples who wish to clearly and legally manage their assets.
Analisis Yuridis Tentang Unsur – Unsur Tindak Pidana Pencucian Uang (TPPU) yang Dilakukan oleh Jaksa dalam Praktik Peradilan Yose Sitompul; Roida Nababan
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2219

Abstract

The criminal justice system in Indonesia is very concerned about money laundering crimes that continue to grow along with technological advances and the complexity of modern economic crimes. This study examines in depth the legal provisions related to TPPU in Indonesia, which is based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. This research aims to identify the role of prosecutors as law enforcers in applying elements of anti-trafficking at the investigation and prosecution stages, as well as to analyze various obstacles that arise in the evidentiary process in court. Using a normative juridical approach, this study utilizes literature analysis, court decision review, and evaluation of relevant legal provisions. The findings of the study show that proving preliminary crimes and the flow of funds from crimes requires public prosecutors to have a comprehensive understanding of money laundering mechanisms, including the placement, layering, and integration stages. In practice, prosecutors face various challenges, such as difficulties in tracing the origins of assets disguised through complex transactions, limited access to financial technology data, and lack of cooperation support between law enforcement and financial institutions. These obstacles often cause the proving process to be protracted and less effective. Therefore, it is necessary to increase the capacity of law enforcement officials, strengthen coordination between agencies, and use more optimal technology to support efforts to eradicate trafficking more effectively and comprehensively.
Implementasi Peran Kurator dalam Proses Kepailitan Pasca PKPU Berdasarkan Undang Undang Kepailitan No 37 Tahun 2004 Doni Margipson Sitohang; Roida Nababan
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2220

Abstract

This research examines the implementation of the curator’s role in the bankruptcy process following the Postponement of Debt Payment Obligations (PKPU) based on Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The main objective of this study is to analyze the role, authority, and challenges faced by curators in carrying out their duties in accordance with Indonesia’s positive legal framework. This research employs a normative juridical approach combined with an empirical juridical approach, incorporating a review of legal literature, court rulings, and statutory regulations, as well as interviews with curators and supervising judges in commercial courts. The findings reveal that curators play a central role as administrators and liquidators of bankrupt estates, with the authority to inventory, secure, manage, and liquidate the debtor’s assets to protect creditors’ interests. Pursuant to Law Number 37 of 2004, curators are also responsible for overseeing the bankruptcy process, preparing reports, and ensuring that the distribution of liquidation proceeds is conducted transparently and equitably. However, the implementation of this role often faces obstacles such as limited curator competence and resources, external interference, the complexity of bankruptcy laws, and inadequate judicial supervision. This study emphasizes the importance of legal reform, professional capacity building, and the adoption of digital technology to enhance the effectiveness of Indonesia’s bankruptcy system. A professional, accountable, and integrity-driven curator is essential to achieving the fundamental objectives of bankruptcy law—ensuring fair, efficient, and transparent debt settlement for all parties involved.
Responsibility of Business Actors to Consumers Harmed by the Use of Skincare Products That Have Their Distribution Licenses Revoked (Case Study Hn-Hetty Nugrahati Skincare Products) Kezia Br Manalu; Roida Nababan; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.50

Abstract

The circulation of dangerous skincare products whose distribution permits have been revoked, as in the case of HN (Hetty Nugrahati) skincare products, poses a serious threat to public health and demands strict legal accountability from business actors. This study aims to analyze the form of business actors' responsibility towards consumers who experience health losses based on Law Number 17 of 2023 concerning Health, and to examine the role of the Food and Drug Monitoring Agency (BPOM) in supervising cosmetic products that violate technical requirements. The research method used is descriptive juridical with a case study approach. Data analysis was conducted qualitatively descriptive juridical by reviewing relevant primary and secondary legal materials. The results of the study indicate that business actors bear absolute responsibility (strict liability) to provide compensation for health damage suffered by consumers due to the use of products that do not meet safety standards. BPOM plays an important role through pre-market and post-market supervision functions, providing public warnings, and revoking distribution permits to ensure legal certainty. However, coordination in the mechanism for providing consumer compensation is still not optimal. It is recommended that BPOM strengthen the inspection system to prevent administrative negligence and that business actors be more proactive in fulfilling consumers' right to compensation. Key Words : Strict Liability, Consumer Protection, Skincare, BPOM, Distribution Permit.
Co-Authors Alberto Paskah Tarigan August P silaen Ayu Margareth R. Sitinjak Beriman Jaya Nazara Besty Habeaan Besty Habeahan Deferman Halawa Doni Margipson Sitohang Elis Yesika br Rajagukguk Esther, July Feni Rose Purba Gabe Putra Lumban Batu Geby Sabita Panjaitan Hisar Siregar Immanuel Lamhot Sitanggang Iona Febrina Simanjuntak Jinner Sidauruk Joel Fredly Pakpahan Kezia Br Manalu Laia, Felix Otaris Lesson Sihotang Lestari Siahaan Lusia Nova Hutasoit Maria Simamora 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 Tinrif Valins Dongoran Wilda Hilda Riska Laia Yarisman Zai Yose Sitompul