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Tinjauan Yuridis Terhadap Gugatan Kabur (Obscuur Libel) Dalam Kasus Wanprestasi Penanaman Modal Usaha Pada PT Arasy Mulia Utama Arafah, Zahid Nugrah; Robi Syafwar
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/ptp4k515

Abstract

The research in this thesis is based on decision Number 110/Pdt.G/2020/PN.Pdg in which ade frinando as the plaintiff sued maryati zamsya for default in a business capital investment case where on August 6, 2018 the plaintiff and the defendant agreed to enter into a business capital agreement the parties agreed that the second party would receive a dividend of around 2 percent (2 percent) of the profit every semester during the agreed period of 2 ½ years After 6 months since the capital was invested there has been no distribution of results so that the defendant demands that the plaintiff return the capital that the defendant has invested on this basis the plaintiff sues the defendant for default. The problem formulation of this thesis is (1) what are the considerations of the judge in deciding the case in decision number 110/pdt.G/2020/PN.pdg (2) what are the legal consequences for both parties to decision number 110/Pdt.G/2020/PN.Pdg. In this study, the type of research used by the author is normative legal research, the type of research used by the author is descriptive, the author's data collection source uses literature study techniques and document studies The analysis used in this study uses qualitative analysis methods. He results showed that (1) The reason why the plaintiff sued the defendant was because of the default of the agreed business investment on the date on which the defendant withdrew the capital before the agreed time (2) The reason why the defendant withdrew the capital was because there was no profit sharing between the two parties (3) The judge accepted the defendant's exception regarding the obscure lawsuit (obscuur libel) by declaring the plaintiff's lawsuit unacceptable (Niet Ontvantkelijk Verklaark)
Pertanggungjawaban BPOM Dan Perusahaan Farmasi Dalam Penggunaan Obat Syrup Anak yang Terkontaminasi Bahan Kimia Berbahaya Fadli Hamdi; Robi Syafwar
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/qxmnn323

Abstract

Many companies produce modern drugs by mixing chemicals so that modern drugs have considerable side effects for humans who consume them. The phenomenon of atypical progressive acute kidney cases (GGAPA) in 2022. First, on October 22, 2022, there were cases of acute kidney disorders, the number of which increased significantly from January to August to 36 cases. However, in September and October, the cases increased again quite rapidly reaching 78 and 110 cases respectively. BPOM is a state Institution that has the authority to control, pay attention to, and supervise the circulation of drugs in Indonesia to ensure the quality of safe and quality drugs in accordance with Presidential Regulation No. 8 of 2017. The purpose of this study is to determine the form of liability of BPOM in the use of children’s syrup contaminated with hazardous chemicals and to determine the form of liability of Pharmaceutical Companies in the use of syrup. This research method uses a normative method with a descriptive approach. The data source in this research uses qualitative data, which is obtained from literature studies and secondary data in the form of primary, secondary, and tertiary data materials. Data analysis using qualitative data analysis techniques. The results showed that the form of legal responsibility of BPOM is to strengthen the pre-market and post-market supervisory functions for the circulation of drugs that conduct clinical testing independently. In addition, the form of legal responsibility of Pharmaceutical Companies is that they must be fully and absolutely responsible for advertising and informing in detail regarding product information that they want to produce and disseminate to the public.