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All Journal Journal of Legal and Cultural Analytics (JLCA)
Sovia Febrina Tamaulina Simamora
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Law, Crime, Criminology & Criminal Justice

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Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Indonesian Positive Law Krisdian Rizki Havana Ndraha; Martono Anggusti; 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.v4i1.13567

Abstract

This writing aims to explore the Legal Protection of Minority Shareholders. Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Positive Law in Indonesia. The research method that the author uses is the normative legal research method normative research method that focuses on understanding the laws and regulations, legal norms and also legal issues related to this writing. The method This method of writing also uses a conceptual approach, namely collecting all sources and primary legal materials and primary legal materials, where the source of this writing comes from books, legal norms and also legal issues related to this writing. Based on the results of this writing, the author obtained the fact that the regulations governing Joint Venture cooperation in Indonesia are still not clearly or explicitly regulated, especially in the protection of the parties. especially in the protection of the parties involved in the joint venture cooperation. the joint venture cooperation including minority shareholders. With the adangan of the Civil Code Civil Code, Law No. 40 of 2007 Concerning Limited Liability Companies and Law Number 25 Year 2007 on Capital Investment can certainly be utilized by the parties involved in joint venture cooperation. utilized by the pharties involved in joint venture cooperation in order to have a strong legal position before entering into a joint venture agreement. before entering into a joint venture agreement
Legal Protection for Retail Investors in the Use of Financial Technology (FINTECH) Lista Ade Sumiati Bondar; Martono Anggusti; 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.v4i1.13569

Abstract

The rapid development of financial technology (fintech) has brought convenience in various aspects of financial transactions, including for retail investors. Despite providing new opportunities, fintech also presents challenges related to legal protection for retail investors, given the lack of clear regulations and the potential risks of fraud, platform bankruptcy, and financial loss. This study aims to examine the existing legal protection for retail investors in the use of fintech in Indonesia. Using an analytical descriptive approach, this study analyzes the existing regulations, as well as the protection mechanisms provided by the Financial Services Authority (OJK) and Bank Indonesia (BI). The results show that although regulations are in place, there are some gaps that need to be addressed, especially in terms of fintech platform transparency and investor rights. This research suggests the need for strengthened regulation and increased supervision to create a safer and fairer fintech ecosystem for retail investors. One of the main challenges is the difficulty in implementing regulations that are flexible but still provide adequate protection for retail investors, given the many fintech business models that continue to emerge.
Legal Protection for Consumers Who Suffer Losses Due to Damage to Electronic Goods by Land Expeditions Bethsaidah Putri Sitorus; Budiman.N.P.D Sinaga; 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.v4i1.13797

Abstract

The legal responsibility of land shipping companies, such as Jalur Nugraha Ekakurir Limited Company, Citra Van Titipan Kilat Limited Company, and Indonesian Post Limited Company, for damage to electronic goods owned by consumers as well as the legal protection available to consumers who suffer losses are the main focus of this study. With the increase in e-commerce transactions, the role of expedition companies is increasingly important in ensuring the safety and integrity of the goods sent. Using a normative legal approach, this study analyzes the applicable norms and regulations, and identifies consumer rights based on Law Number 8 of 1999 on Consumer Protection. The results of the analysis show that expedition companies have an obligation to provide compensation for damages incurred during the delivery process, unless they can prove that the loss was caused by factors beyond their control. In addition, consumers have the right to resolve disputes through non-litigation and litigation channels. The resulting recommendations emphasize the need for increased awareness of expedition companies regarding their legal responsibilities and education for consumers about their rights in e-commerce transactions.
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.
PT Gojek's Responsibility Towards Gocar Drivers Who Experience Work Accidents Based on Law Number 24 of 2011 Concerning the Employment Social Security Administration Agency Peter Joshua Lumban Raja; Besty Habeahan; 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.v4i1.13938

Abstract

The Social Security Organizing Body for Employment is a public program that provides protection for workers to address certain socio-economic risks, and its implementation uses a social insurance mechanism. The purpose of this research is to understand the responsibility of PT Gojek towards Gocar drivers who experience work-related accidents based on Law Number 24 of 2011 concerning the Social Security Organizing Body for Employment. Furthermore, this study aims to examine the mechanism used to file a BPJS Ketenagakerjaan (Social Security for Employment) claim for Gocar drivers who experience work accidents. The research method used in this study is juridical-normative legal research. The data collection method applied in this study involves library research, which includes gathering data from available legal materials in legal literature, regulations, legal journals, books, articles, scholarly opinions, legal cases, jurisprudence, dictionaries, bibliographies, theses, and other materials relevant to the research problem, within the scope of monodisciplinary research. The responsibility of PT Gojek towards Gocar drivers who experience work-related accidents is closely linked to the partnership relationship between Gojek and its drivers, which is not considered an employment relationship due to the absence of the elements of wages and orders.
Co-Authors Besty Habeahan Bethsaidah Putri Sitorus Budiman.N.P.D Sinaga Krisdian Rizki Havana Ndraha Lista Ade Sumiati Bondar Martono Anggusti Mega Sari Purba Peter Joshua Lumban Raja Roida Nababan