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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Hukum dan Pendidikan Kewarganegaraan
Aulia Falillah
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Dasar Pertimbangan Jaksa Kejaksaan Tinggi Sumatera Barat Dalam Menangani Perkara Obligasi Negara Yang Kedaluwarsa (Studi Kasus Perkara Nomor 158/PDT.G/2021/PN.PDG) Aulia Falillah; Elwidarifa Marwenny
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 3 (2025): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Bonds are debt certificates issued by an agency or company that make the party issuing the bond indebted to the buyer and owner of the bond. One of the bond cases handled by the West Sumatra High Prosecutor's Office is case Nomor 158/PDT.G/2021/PN.PDG. This case began when the Plaintiff, who was the heir of one of the owners of the State Bond, sued the government with an expired state bond case. Then the judge decided to grant the Plaintiff's claim. The decision contradicts KMK Nomor 466a/KMK.011/1978 which states that the language of the bond claim is Nomor longer valid after 5 years have passed, while the lawsuit was filed 72 years ago. The judge's decision also contradicts the Prosecutor's Exception. The formulation of the problem in writing includes: 1) What is the basis for the Prosecutor's considerations in defending the state in the expired bond case Nomor 158/PDT.G/PN.PDG; 2) What are the obstacles faced by the Prosecutor as a State Attorney in handling the expired bond case case Nomor 158/PDT.G/PN.PDG. To answer this question, an Empirical Juridical research type was used with an interview technique using a semi-structured interview model. The type of approach used in the study was a case study and the following conclusions were drawn: 1) In this case, the Prosecutor stated that there was an error in the authority to try, the plaintiff's legal standing was unclear, the claim had expired based on KMK 466a/1978, the explanation of the legal basis and procedures for issuing bonds was incomplete and there was Nomor adequate explanation of the alleged unlawful act.; 2) The main obstacle faced by the Prosecutor in handling this bond case was the limited evidence. Suggestions for the obstacles faced by the Prosecutor include the need to create an integrated digital archiving system to store important state documents. Create a special database for state bond documentation. Preserve and digitize ancient documents to prevent further damage and improve the Prosecutor's competence in handling bond cases.
Tanggung Jawab Penanggung Dalam Asuransi Tanggung Jawab Hukum Aulia Falillah; Yulius Rico Adrianto; Puti Anisa Erwan; Azlan Fahrezi; Yolan Dwi Putra, Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/tmrnf228

Abstract

Every human being does not rule out the possibility of facing risks due to his actions. This risk can come from agreements and laws and regulations that cause losses to victims, so they must be held accountable for their legal actions. Therefore, to avoid the risk of greater loss, a person can apply for self-insurance, remembering that the purpose of insurance is to transfer risk from the insured to the insurer. The formulation of the research problem is what is the responsibility of the insurer in legal liability insurance? This research uses a normative method with a statutory and conceptual approach, as well as secondary data in the form of primary legal materials and secondary legal materials with a conceptual analysis approach presented in the form of analytical descriptive narratives. One type of insurance, namely legal liability insurance, aims to transfer risk from the insured to the insurer regarding the insured's legal actions that cause losses to the victim. Legal actions can take the form of unlawful acts and breaches of contract. If you already have legal liability insurance and at a later date the insured commits a legal act that causes harm to the victim, then the insured's responsibility to provide compensation to the victim becomes the responsibility of the insurer. The form of responsibility is that the insurance company will provide compensation to the victim. Therefore, legal liability insurance is considered important now and in the future, to overcome the risk of legal actions that are very likely to occur.
Co-Authors Azlan Fahrezi Marwenny, Elwidarifa Puti Anisa Erwan Yolan Dwi Putra, Helfira Citra Yulius Rico Adrianto