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All Journal LEGAL BRIEF Jurnal Hukum Ekualitas
Cholil, Mochamad
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Law, Crime, Criminology & Criminal Justice

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The Bank's Act of Placing a Debt-Defaulter Sticker on the Aggrieved Party Rahmatika, Rizka; Cholil, Mochamad
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1392

Abstract

This research investigates the unilateral action of banks placing "default debtor" stickers on properties, even when the targeted party is not a debtor, causing both material and immaterial harm. The study aims to analyze the legal protection available to affected parties and determine the bank’s liability for such actions. A normative legal research method is used, employing statutory, case, and conceptual approaches. Data is analyzed prescriptively to develop legal arguments based on existing laws. The findings indicate that such actions when conducted without lawful basis or proper verification can constitute unlawful conduct under Article 1365 of the Indonesian Civil Code and violate banking secrecy and consumer protection principles. As institutions of trust, banks are held liable for damages caused by procedural negligence, including when carried out by third parties such as debt collectors. The study concludes that stricter legal mechanisms are necessary to prevent such harmful practices. These mechanisms should include internal safeguards through bank SOPs and external supervision by the Financial Services Authority (OJK). Strengthening these legal protections is essential to uphold justice and ensure that consumers of banking services are treated fairly and their rights respected within the financial sector
Perbandingan Pengaturan Label Produk Kosmetik Antara BPOM Indonesia dan FDA Amerika Serikat Muryati, Afri; Cholil, Mochamad
Jurnal Hukum Ekualitas Vol 2 No 1 (2026): Jan-Jun 2026
Publisher : PT. AORSA ADIVISI KAKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/sebk3n71

Abstract

The rapid growth of the cosmetics industry demands effective product labeling regulations to protect consumers and ensure information transparency. Labels serve to convey essential details such as ingredients, benefits, usage instructions, and warnings. This study analyzes and compares the cosmetic labeling regulations of Indonesia’s BPOM and the United States FDA using a normative juridical method and a comparative approach. BPOM regulates labeling in detail through BPOM Regulation No. 18 of 2024, while the FDA refers to the Federal Food, Drug, and Cosmetic Act (1938) and the Fair Packaging and Labeling Act (1967). The differences lie in the substance of regulations, institutional structure, and notification systems, although both aim to provide accurate and non-misleading information to consumers. In conclusion, the labeling systems of both countries are complementary, and FDA practices may serve as a reference for Indonesia in enhancing digitalization and transparency in cosmetic labeling oversight.
Analysis of Decision Number 40/Pdt.P/2022/PA.Tgr Concerning Good Faith In Polygamy Without Court Permission Mujib, Abdul; Cholil, Mochamad
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1579

Abstract

This study aims to analyze the application of legal provisions concerning polygamy licensing and the principle of good faith in polygamous marriages performed without court permission, specifically focusing on the legal considerations in the Tenggarong Religious Court Decision Number 40/Pdt.P/2022/PA.Tgr. The research employs a normative juridical methodology with statutory, case-based, historical, and conceptual approaches to evaluate primary and secondary legal materials gathered through literature review. The findings reveal that the petitioners’ marriage constitutes unauthorized polygamy that violates the mandatory requirements of Law No. 16 of 2019 and the Compilation of Islamic Law, as it was conducted without judicial approval or the first wife's consent. The court's analysis determines that the parties' decision to proceed with a secret marriage despite being aware of legal impediments serves as a definitive indicator of bad faith (malafide). Consequently, the panel of judges rejected the petition for marriage validation to prevent the creation of a negative precedent that could encourage the abuse of illegal polygamy and undermine legal certainty. This study concludes that strict adherence to procedural requirements and the principle of good faith are essential to maintaining the integrity of the marriage institution and protecting the rights of all parties involved.
Co-Authors ABDUL MUJIB Muryati, Afri Rahmatika, Rizka