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All Journal JURNAL ILMIAH ADVOKASI
Purwanto Purwanto
Universitas Mulawarman
Law, Crime, Criminology & Criminal Justice

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KEPASTIAN HUKUM PEMEGANG POLIS DALAM RENCANA PENYEHATAN KEUANGAN AJB BUMIPUTERA 1912: PROBLEMATIKA DAN PERLINDUNGAN HUKUM Fajar Gilang Bripkano; Purwanto Purwanto; Febri Noor Hediati
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.7092

Abstract

Insurance functions as a risk management instrument that provides legal protection and certainty of rights for policyholders. However, in practice, the implementation of the Financial Recovery Plan (Rencana Penyehatan Keuangan/RPK) at AJB Bumiputera 1912 raises significant legal issues concerning the fulfillment of policyholders’ rights, particularly through the Policy Benefit Reduction (Penurunan Nilai Manfaat/PNM) scheme, which potentially disadvantages policyholders.This study aims to analyze the legal certainty of policyholders within the implementation of the RPK and to examine the available forms of legal protection. The research employs a normative juridical (doctrinal) method using statutory and conceptual approaches, supported by theories of legal certainty, insurance contracts, and risk transfer. The findings indicate that the implementation of the RPK has not provided adequate legal certainty for policyholders, as reflected in the suboptimal realization of the company’s financial obligations and the gap between projected and actual debt settlement outcomes. Furthermore, the application of the PNM scheme has created legal complications, particularly for policyholders who reject the scheme, resulting in the loss of membership status and limited participation in governance mechanisms, such as the election of the Policyholders’ Representative Body (BPA). This study highlights the existence of significant legal protection gaps for policyholders, emphasizing the need for stronger regulatory frameworks, more effective supervision, and dispute resolution mechanisms that ensure fairness and legal certainty within the insurance sector.Keywords: Legal Certainty, Policyholders, Mutual Insurance, Financial Recovery Plan
TANGGUNG JAWAB HUKUM PEKERJA DALAM PENGGANTIAN KERUGIAN PERUSAHAAN: STUDI KASUS PADA SEKTOR RITEL DI INDONESIA Abdillah Abdillah; Purwanto Purwanto; Erna Susanti
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6835

Abstract

The rapid development of the retail sector in Indonesia in the era of globalization has generated increasingly complex employment relations, including issues concerning employees’ liability for company losses. In practice, particularly within modern retail businesses such as minimarkets, wage deductions are frequently imposed on employees on the grounds of alleged negligence, cash discrepancies, inventory shortages, distribution errors, or suspected theft. This study aims to analyze the legal basis of employee liability in compensating company losses and to assess its conformity with Indonesian labor law regulations. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that employee liability must be grounded in the principle of fault-based liability and cannot be imposed unilaterally without a clear evidentiary mechanism. Wage deductions as a form of compensation for losses cannot be applied automatically, as wage policies under Law Number 13 of 2003 on Manpower (as amended) provide legal protection for employees’ wages, including limitations on fines and deductions. Therefore, a fair and proportionate legal mechanism is necessary to ensure a balanced protection between corporate interests and workers’ rights. Keywords: legal liability; employee; company losses; wage deductions; retail sector.
PENGAJUAN KLAIM DANA PERTANGGUNGAN WAJIB KECELAKAAN LALU LINTAS DALAM PERSPEKTIF KEPASTIAN HUKUM DAN PERLINDUNGAN KORBAN Muhammad Akbar; Purwanto Purwanto; Febri Noor Hediati
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6831

Abstract

The Mandatory Road Traffic Accident Compensation Fund constitutes a form of social insurance designed to provide legal protection and financial compensation for victims of traffic accidents. This study aims to analyze the claim submission mechanism of the mandatory compensation fund from the perspective of legal certainty and victim protection, as well as to assess its effectiveness in implementation in Balikpapan City. The research employs a socio-legal approach supported by a normative analysis to examine the alignment between legal norms and their practical implementation. Data were collected through field research and an examination of relevant statutory regulations. The findings indicate that, normatively, the claim submission mechanism is supported by a clear legal framework and an adequate institutional structure. However, its effectiveness remains constrained by several factors, particularly the low level of public awareness and legal literacy regarding victims’ rights. This condition affects the optimal realization of legal protection intended for accident victims. Therefore, strengthening legal education, enhancing procedural transparency, and improving inter-agency coordination are necessary to ensure greater legal certainty and more effective victim protection.Keywords: Mandatory Compensation Fund; Legal Certainty; Victim Protection; Traffic Accidents
PERTANGGUNGJAWABAN HUKUM PENYEDIA LAYANAN KESEHATAN TERHADAP PEMENUHAN HAK PESERTA JAMINAN KESEHATAN NASIONAL Nur Azizah Wulandari; Purwanto Purwanto; Erna Susanti
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6874

Abstract

Healthcare is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and various regulations in the field of health and social security. This study aims to analyze the legal accountability of hospitals in fulfilling the rights of participants in the National Health Insurance (JKN) program, with a case study at the Abdoel Wahab Sjahranie Regional General Hospital in Samarinda. This study uses a socio-legal approach with qualitative methods, which examines the relationship between health service regulations, administrative service practices, and the legal accountability mechanisms of hospitals in providing services to JKN participants. The results show that although hospitals have made efforts to fulfill their legal obligations and service standards, there are still gaps between legal norms and service practices, particularly in relation to administrative issues, infrastructure limitations, and handling complaints from JKN patients. The legal accountability of hospitals in practice is mostly manifested through administrative mechanisms and a tiered complaint system, but this does not fully guarantee the optimal protection of patient rights. This study emphasizes that strengthening human resource capacity, integrating service information systems, and effective regulatory oversight are important prerequisites for improving the legal accountability of hospitals and realizing fair, non-discriminatory, and sustainable health services. This study contributes to revealing the gaps in the implementation of hospitals' legal obligations in the JKN system and provides an evaluative basis for strengthening the protection of health insurance participants' rights.Keywords: health services; national health insurance; legal accountability; patient rights
Co-Authors Abdillah Abdillah Erna Susanti Fajar Gilang Bripkano Febri Noor Hediati Muhammad Akbar Nur Azizah Wulandari