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All Journal Media Iuris Journal of halal product and research (JHPR) Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Farisi, Gusti Muhammad Reyhan
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Religion Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Dentistry Economics, Econometrics & Finance Education Immunology & microbiology Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences Veterinary

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Liability of Directors for Failure to Record Changes in Ownership of Inherited Shares Farisi, Gusti Muhammad Reyhan; Alamsyah, Ariij Salsabil; Hardiansyah, Farid Naufal
Media Iuris Vol. 8 No. 2 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i2.68022

Abstract

Shares are a form of ownership of a person who has voting rights, rights to dividends, and rights to a share of assets in the event of liquidation. In the event that the owner of the shares dies, the transfer of ownership of the shares cannot occur immediately, but must go through a procedure so that the deed of rights to the shares is renamed to belong to the heirs. Cassation decision Number 2845 K/Pdt/2017 has set a new precedent; it was stated that the failure to record the heirs in the change of DPS was the negligence of the Board of Directors. So this research analyzes whether the Board of Directors is legally liable for the non-registration of heirs in the change of ownership of inherited shares, especially through systematic interpretation of article 50 paragraph (3) of the PT Law. This article is a legal research that uses primary and secondary legal sources in analyzing legal issues. The results show that the Board of Directors is passively obliged in terms of changes in ownership of shares in the DPS. So that the new obligation arises if the deed of change has been submitted to the company.
Liability for contamination of halal restaurant facilities by consumers in Indonesia Farisi, Gusti Muhammad Reyhan; Fatoni, Rifky Hamdan; Al Ghofsah, M. Salman Al Farisi
Journal of Halal Product and Research Vol. 8 No. 2 (2025): Advancing the Halal Industry: Innovation, Sustainability, and Global Impact
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jhpr.vol.8-issue.2.237-246

Abstract

The contamination of product facilities in halal-certified restaurants in Indonesia is an important concern in the context of product assurance.  One of the viral incidents occurred in a restaurant that has been certified as halal. However, a consumer, either intentionally or due to negligence, brought non-halal food and drinks from outside and used the restaurant's tableware. This action raises concerns about the potential contamination of the restaurant's halal facilities, which may jeopardize halal certification and Muslim consumer confidence. Based on the background of this problem, this study aims to analyze whether the actions of consumers who pollute halal product facilities in restaurants can be categorized as Tortious Acts and to analyze the legal protection for the restaurant (producer) against the actions of these consumers. This research employs a legal research method with a legislative approach, examining the regulation and a conceptual approach to liability and Tortious Acts. The results showed that consumer liability for pollution of restaurant halal facilities based on Article 1365 Burgerlijk Wetboek as the "Indonesian Civil Code” depends on the fulfillment of the elements of a tort, namely, one of which is a violation of the law, which is not strictly regulated in Law No. 33 of 2014 concerning Halal Product Assurance (Jaminan Produk Halal, hereinafter the JPH Law). Meanwhile, the JPH Law emphasizes the responsibility of producers to ensure the product's halalness. This study concludes that there is a need for regulatory changes related to consumer responsibility in maintaining halal product facilities and a more specific legal protection mechanism for restaurants against pollution of halal facilities by consumers   Keywords: Liability, Contamination, Defilement, Serving Tools, Halal
Penguasaan Tanah Ulayat yang Belum Terdaftar oleh Investor melalui Kontrak Karya: Tinjauan Yuridis terhadap Kasus PT Gag Nikel Dewanata, Bhisma; Ridaningjati, Pamungkas; Tobing, Daniel Giovanni Pandapotan L.; Farisi, Gusti Muhammad Reyhan; Alamsyah, Ariij Salsabil; Fatoni, Rifky Hamdan; Hutami, Aisya Puteri; Danu, Nizar Naren; Qatrunnada, Amirah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The acquisition of customary land by mining companies often raises legal issues. Although customary land has constitutional recognition, the lack of administrative registration creates legal uncertainty, especially when ethics align with significant interests such as investment. This article analyzes the legality of PT Gag Nikel's acquisition of customary land, which operates under a Contract of Work (CoW), within the context of Law Number 4 of 2009 concerning Mineral and Coal Mining, as amended by Law Number 3 of 2020 (hereinafter referred to as the Minerba Law). This research uses legal research methods with statutory, conceptual, and case-based approaches. The results indicate that agreements between companies and indigenous communities are valid only if they meet consensual requirements and do not conflict with higher-level laws. Unauthorized agreements have low binding force and are vulnerable to revocation, especially when there is resistance from the aggrieved party or indications of default, as in the case of PT Gag Nikel. This article offers recommendations for legal reconstruction regarding the formal legalization mechanism for customary land agreements to strengthen the protection of indigenous communities while providing certainty for investors.
Co-Authors Al Ghofsah, M. Salman Al Farisi Alamsyah, Ariij Salsabil Danu, Nizar Naren Dewanata, Bhisma Fatoni, Rifky Hamdan Hardiansyah, Farid Naufal Hutami, Aisya Puteri Qatrunnada, Amirah Ridaningjati, Pamungkas Tobing, Daniel Giovanni Pandapotan L.