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Analisis Kepailitan PT Asuransi Jiwasraya Persero dalam Perspektif Perlindungan Konsumen dan Kepastian Hukum Bagi Kreditor Hania Arvalia; Elisatris Gultom; Sudaryat Sudaryat
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i1.1040

Abstract

The bankruptcy of insurance companies is a complex issue involving the interests of consumers as policyholders and creditors who demand legal certainty. This study aims to analyze bankruptcy issues within the Indonesian insurance industry through a case study of PT Asuransi Jiwasraya (Persero), with a focus on legal protection for consumers and the assurance of legal certainty for creditors. The research method employed is normative juridical, using a statutory and case study approach. The findings indicate that the resolution mechanism for Jiwasraya’s default did not follow the bankruptcy process as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), but was instead resolved through state intervention and restructuring via a state-owned insurance holding company. This has created a legal dilemma regarding the suboptimal protection of consumer rights and the weakened position of creditors in the settlement process. On the other hand, the authority of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in supervising and intervening in troubled insurance companies becomes a crucial aspect that requires clearer regulatory provisions. Therefore, a reformulation of policies and a more comprehensive legal framework is needed to ensure a balanced protection of consumers and legal certainty for creditors in bankruptcy cases involving insurance companies.
Perlindungan Terhadap Anak Sebagai Korban Dating Violence Ditinjau dalam Perspektif Hukum Pidana dan HAM Fara Syahrani; Hania Arvalia
Journal of Sharia and Legal Science Vol. 3 No. 2 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i2.1270

Abstract

The phenomenon of dating violence has not received much attention from the public. This study aims to analyze the forms of dating violence that are categorized as human rights violations and to examine the criminal liability of perpetrators as well as protection for child victims. The research method used is normative juridical with descriptive analytical specifications using a qualitative analysis approach with legal interpretation. This research provides new insights by specifically examining dating violence and its relationship to human rights, as well as legal accountability and protection. The results of the study show that forms of dating violence against children are categorized as human rights violations. Although there are currently no specific regulations regarding dating violence, accountability and protection can be carried out through existing legal frameworks such as the Criminal Code, the Child Protection Law, and the TPKS Law. This study recommends the existence of specific regulations related to dating violence to strengthen the protection of children, not to legalize dating among children, but as a response to the existing practice of dating that has been prevalent in society.