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PERLINDUNGAN HUKUM ATAS PELEPASAN HAK ISTIMEWA BAGI PEMEGANG CORPORATE GUARANTEE AKIBAT WANPRESTASI DEBITOR BANK Setyo Sardjono; Hulman Panjaitan; Hendri Jayadi; Tomson Situmeang
Honeste Vivere Vol 33 No 1 (2023): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v33i1.178

Abstract

The bank's activity as an intermediary is to collect and distribute funds in the form of credit. Creditors in providing credit to debtors adhere to the principle of prudence, because creditors are faced with credit risk. For this reason, banks in providing credit to debtors have several conditions that must be met, including the existence of guarantees, both material (material) and immaterial (individual) guarantees. One form of individual guarantee is a guarantor (borghtoct), which is found in the case of the Supreme Court's Decision on Bankruptcy and PKPU. The research method used is normative research with a statutory approach. The results of the study found that the petitioned bankruptcy case was rejected or at least declared unacceptable because the PKPU applicant did not have legal standing because the facility agreement underlying the debt was legally invalid and therefore null and void, as well as the company guarantee deed as well as the legal limit.
HEALTH LAW IMPLEMENTATION REALIZES GENDER EQUALITY AND WOMEN'S EMPOWERMENT Siregar, Rospita; Hendri Jayadi
Sociae Polites Vol. 24 No. 2 (2023): July-December 2023
Publisher : Faculty of Social and Political Sciences Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/sp.v24i2.5433

Abstract

The millennium development program (MDGs) in quality health services, including women's reproductive health, is not evenly distributed, due to poor infrastructure and the unequal quality of health services between provinces. It is hoped that Indonesian Health has succeeded in achieving most of Indonesia's MDGs targets, namely 49 of the 67 MDGs indicators can be improved. In normative juridical research, law is conceptualized as norms or rules that apply in society. Using a statutory approach and a conceptual approach in health law. There is a guarantee of a sense of security in accordance with Article 28G Paragraph (1) of the 1945 Constitution, thereby providing women's rights in accordance with the mandate given by the state and guaranteeing rights without discrimination and gender differences. There is the Convention on the Elimination of All Forms of Discrimination against Women, which emphasizes that women's human rights are respected, then women's reproductive health rights have also been formulated by the International Planned Parenthood Federation (IPPF) since 1996, namely the right to equality and freedom from all forms of discrimination. In the end, support for women's empowerment must involve many parties from politics, PUG institutions, Human Resources, Budget, Gender Analysis Tools, and Community Participation. Keywords: gender equality, health law, reproductive health rights
Existence, Supervision, and Responsibility of Individual Limited Liability Company as a Legal Entity Mangpul Sitanggang; Hendri Jayadi; Armunanto Hutahaean
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 1 (2025): Jurnal Dialektika: Jurnal Ilmu Sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i1.433

Abstract

Limited Liability Companies (PT) are business entities that are in demand because they provide separation of wealth between share owners and legal entities. Through Law Number 6 of 2023 concerning Stipulation of Government Regulations in Replacement of Law Number 2 of 2022 concerning Job Creation (UU Job Creation), the provisions in Law Number 40 of 2007 concerning PTs have undergone changes, including allowing the establishment of PTs by one founder (single shareholder) for business Micro, Small and Medium Enterprises (MSMEs). The normative juridical approach shows that the establishment of an Individual PT is feasible if it meets the requirements: it is declared a legal entity by law, has its own assets, and has government approval in accordance with Articles 153A and 153B of the Job Creation Law and Article 7 of Government Regulation Number 8 of 2021. The establishment process is carried out by filling out the establishment statement form in Indonesian and registering it with the Minister of Law and Human Rights to obtain a registration deed. However, supervision of Individual PT is still a challenge, because it does not have any other organs apart from the founder, so the potential for irregularities is greater. Therefore, new implementing regulations are needed to ensure legal certainty, guarantee supervision, and provide a clear responsibility mechanism for the actions of the founders and activities of PT Individuals. This is important so that PT Perorangan can function optimally as a legal entity that supports the development of MSMEs in Indonesia.
PENYELESAIAN SENGKETA TANAH BERDASARKAN HUKUM POSITIF TENTANG PENYELESAIAN SENGKETA DI INDONESIA Hendri Jayadi; Tomson Situmeang; Poltak Siringoringo; I Dewa Ayu Widyani; L Elly AM Pandiangan; Putu George Matthew Simbolon
JURNAL Comunità Servizio : Jurnal Terkait Kegiatan Pengabdian kepada Masyarakat, terkhusus bidang Teknologi, Kewirausahaan dan Sosial Kemasyarakatan Vol. 5 No. 1 (2023): APRIL
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM), Univesitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/cs.v5i1.4287

Abstract

The purpose of this article is to provide an understanding of land dispute resolutions available under Indonesian regulations. This article is applying the normative method under the statutory approach. Furthermore, the writer may provide the discussion of this article by expressing that there are two main classifications of land dispute resolution forums. The first forum known as the non-adjudication forum consists of mediation, conciliation, consultation, and facilitation. Meanwhile, the second forum is divided into two sub-classification consisting of the adjudication method and the non-adjudication method. The adjudication method consists of dispute settlement through a district court triggered by an ownership right dispute, and a dispute settlement through an administrative court regarding the legality of a land certificate. Besides that, the second sub-classification of this adjudication method consists of dispute settlement through arbitration that can be triggered due to an arbitration agreement with land as its object.
Juridical Analysis of the Implementation of Restorative Justice in the Legal Process of Fraud and Embezzlement Criminal Acts Geri, Geri Tanduk Manurun; Hendri Jayadi Pandiangan; Armunanto Hutahaean
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 2 (2025): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i2.536

Abstract

This article investigates the juridical implications of applying restorative justice in the resolution of fraud and embezzlement cases in Indonesia. The conventional criminal justice system, often characterized by its retributive orientation, is increasingly challenged for its inability to offer meaningful restitution to victims and lasting resolutions to offenders. Restorative justice presents an alternative paradigm, aiming to restore social harmony by actively involving victims, offenders, law enforcement, and communities in consensual conflict resolution. This study adopts a normative juridical research approach supported by case analysis of the Indonesian National Police's application of restorative justice, specifically referencing Police Report No. LP/B/0664/XI/2021/BARESKRIM POLRI. Legal and institutional frameworks including the Indonesian Penal Code, Law No. 11 of 2012 on the Juvenile Criminal Justice System, and Regulation of the Attorney General No. 15 of 2020 serve as the core references. The findings highlight that restorative justice can effectively resolve minor criminal offenses such as fraud and embezzlement when certain material and formal conditions are met, including community consent and documented mutual agreement between involved parties. This research argues that the restorative approach is not only legally viable but also ethically and socially more responsive to the needs of victims and communities. The study recommends broader institutional adoption and harmonization of restorative principles across judicial bodies to ensure sustainable justice reform.  Keywords: Restorative Justice, Criminal Law Reform, Fraud, Embezzlement, Indonesia