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Contact Name
Anindya Bidasari
Contact Email
anindya@unikama.ac.id
Phone
+6282144176776
Journal Mail Official
panorama.hukum@unikama.ac.id
Editorial Address
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Kota malang,
Jawa timur
INDONESIA
Jurnal Panorama Hukum
ISSN : 25281992     EISSN : 25276654     DOI : https://doi.org/10.21067/jph
Core Subject : Social,
Manuscript is relevant for scientific investigation with the journal scope such as Criminal Law, Civil Law, Business Law, Civic Law, and International Law.
Arjuna Subject : -
Articles 8 Documents
Search results for , issue "Vol 2 No 1 (2017): Juni" : 8 Documents clear
BUSINESS JUDGEMENT RULE OLEH DIREKSI PERSEROAN Isfardiyana, Siti Hapsah
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.942 KB) | DOI: 10.21067/jph.v2i1.1752

Abstract

A directors are required to have a standard of integrity and loyalty is high, appearing and acting in the interests of the company's bona fides. However, such losses can not be directly held accountable to the board of directors only for the reason wrong in deciding (mere error of judgment). Directors can be detached from the personal liability of directors if it can prove that the directors have applied the doctrine of the business judgment rule which has been carrying out its duties properly in accordance with the principles of a viable business. Thus, the directors can be detached from accountability for breach of fiduciary duty where the directors can prove negligence or fault that caused the damages is still within certain limits and tindakannnya is not for personal gain.
PENGHAPUSAN SANKSI PIDANA TERKAIT KEWAJIBAN PEMBERI KERJA UNTUK MENGIKUTSERTAKAN PEKERJANYA DALAM PROGRAM JAMINAN SOSIAL Hitaningtyas, Ratih Dheviana Puru
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (457.737 KB) | DOI: 10.21067/jph.v2i1.1753

Abstract

This article aims to analyze the reason of eliminated of criminal sanction on employer obligation to opt in their worker to social security. By using statute approach, conseptual approach and historical approach obtained result that the reason of eliminated of criminal sanction are (i) the inclusion of criminal sanction in previous regulation was ineffective (ii) the eliminated of criminal sanction is in line with the aim of provision of social security, and (iii) the eliminated of criminal sanction is corresponding with the principal of social security.
ANALISIS TERHADAP KOORDINASI OTORITAS JASA KEUANGAN DENGAN LEMBAGA LAINYA DALAM PENGAWASAN PERBANKAN BERDASARKAN UNDANG –UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN Kartiko, Galuh
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (803.724 KB) | DOI: 10.21067/jph.v2i1.1754

Abstract

The Bank, as an intermediary institution, in managing public funds should be conducted with sufficient expertise, so that public trust is maintained and there is no withdrawal of public funds deposited in banks that may result in economic activities. The presence of an institution that serves to oversee banking institutions is needed to ensure public trust so that banking management can be done in accordance with the rules of banking management is good and true. The existence of an independent authority becomes the determining factor in the smooth operation of the financial services sector. With the formation of the Financial Services Authority, it is expected to solve problems arising from the complexity of the existing financial system in Indonesia and to reorganize the organizational structure of the institutions Which carries out regulatory and supervisory tasks in the financial services sector covering the banking sector, capital markets, insurance, pension funds, financial institutions and other financial services institutions. Structuring is done in order to achieve a more effective coordination mechanism in dealing with problems arising in the financial system, thus ensuring the achievement of financial system stability. The regulation and supervision of the entire financial services activities must be done in an integrated manner.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK REPRODUKSI PEKERJA WANITA (PERSPEKTIF UNDANG-UNDANG KETENAGAKERJAAN DI INDONESIA DAN MALAYSIA) Miladiyanto, Sulthon; Ariyanti, Ariyanti
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (557.821 KB) | DOI: 10.21067/jph.v2i1.1755

Abstract

Occupational health and safety is one of the requirements set in international relations that must be met by all members including Indonesia and Malaysia. In an effort to provide protection to workers, Indonesia and Malaysia have ratified the International Labor Organization (but not all ILO conventions are ratified). Ratifying the convention, bringing the consequences that both countries must meet the ILO standards in implementing legal protection of their workers. The ILO aims to promote social justice, the protection of women workers and the promotion of equality between men and women, to obtain decent and productive employment in conditions of freedom, equity, security and dignity and participation in unions. Although the principle of equality, opportunity and treatment between men and women has been widely accepted in many countries, in practice injustice exists within the union environment both locally and locally.
PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG MEMPEROLEH FASILITAS KREDIT SEPEDA MOTOR DENGAN PERJANJIAN FIDUSIA Noor, Erma Zahro
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.524 KB) | DOI: 10.21067/jph.v2i1.1756

Abstract

In Indonesia there are two financial institutions that always provide credit facilities to the people who needs funds, that financial institutions are in the form of bank and non bank or so-called LKBB, where one form is a financial institution (leasing).In conducting the financing agreement for the purchase of motor vehicles on credit to the consumer (debtor), that financial institutions (leasing) are always poured in the form of standard contracts which must be approved by the customer (debtor), despite clause (contents of) the agreement is more likely to benefit the institution financing (creditor) and complicate/ensnare even tend to harm the consumer (debtor), because the consumer has always been on the weaker side and do not have the strength to fight for their rights against the treaty that already signed.. As a reference to unify the differences that arise in the resolution of problem loans in financial institutions, can use the rules as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and as an umbrella law to protect consumers as the debtor can use the rule-rules contained in Law No. 8 of 1999 on consumer protection.
PEMAKNAAN PRINSIP KEPENTINGAN DALAM HUKUM ASURANSI DI INDONESIA Wulansari, Retno
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.893 KB) | DOI: 10.21067/jph.v2i1.1758

Abstract

The insurable interest principle in Indonesia’s insurance system is governed by Article 250 and Article 286 the Code of Bussiness Law (KUHD). In the formulation of the Article is not mentioned about when the element of interest should exist as well as the definition of interest in the insurance agreement. This research intends to find out how the meaning of the insurable interest in the insurance system in Indonesia. The method used in this research is normative juridical, which examines the rules in the Law, principles, doctrines and other legal documents. This research result conclusion that the element of interest must exist or can be proven by the insured when the event that causing losses occurred The insured must be able to prove the existence of an economic attachment to the object or event that is contracted in the insurance agreement. The limitation of the element of interest is something that can be judged by money and which can not be judged by money for example, life, family relations, children, wife, husband and others. As for the author's suggestion is the government complement the rules in the field of insurance, especially on the insurable interest. The arrangement can explain the limits of understanding and the time when the element of interest must exist in the insurance agreement.
PELAKSANAAN RESTORATIVE JUSTICE TERHADAP ANAK PELAKU TINDAK PIDANA LALU LINTAS (Studi Pelaksanaan Restorative justice di Polres Kudus) Istanto, Yusuf
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.765 KB) | DOI: 10.21067/jph.v2i1.1759

Abstract

This study aims to Know the Implementation of Restorative Justice Against Children Traffickers by Traffic Unit Traffic Police Kudus Traffic. The research method used in this research is empirical juridical method. Specification of research that writer use that is descriptive qualitative. Data collection techniques were conducted with in-depth interviews to the parties involved in research, direct observation, and document recording. Based on the results of the research analysis, it can be seen that the implementation of Restorative Justice on the children of the perpetrators of the criminal acts of traffic by the investigators of Laka Luas unit of the Kudus Police is conducted based on the provisions of Article 5, Article 6, Article 7 and Article 8 of the Criminal Justice System Law and the Joint Decision of the Chairman Supreme Court, Attorney General, Chief of Police of the Republic of Indonesia, Minister of Law and Human Rights, Minister of Social Affairs, and Minister of State for the Protection of Women and Children on Handling Children Against the Law. The process of restorative justice in criminal cases of traffic accidents conducted by the AP is conducted through consultation with the involvement of children and parents, victims, social guidance, based on the approach of Restorative Justice (Article 8 paragraph (1)). Restorative justice is a process of restorative justice by involving all relevant parties. The law on the criminal justice system prioritizes the consent of the victim and / or his family to restorative justice.
URGENSI PUTUSAN SELA BERKAITAN DENGAN HARTA KEKAYAAN PELAKU USAHA DALAM HUKUM ACARA PERSAINGAN USAHA DI INDONESIA Marzuki, Al Araf Assadallah
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (451.652 KB) | DOI: 10.21067/jph.v2i1.1757

Abstract

In 2008, there was a case that made KPPU disappointed, namely the case of Temasek which Singapore Technologies Telemedia Pte Ltd (STT) sold 40.8% of its shares in PT Indosat Tbk to Qatar Telecom QSC (Qtel) through the acquisition of Asia Mobile Holdings Pte Ltd (AMH) in the midst of the cassation remedy process, which exceeds the stipulated provisions to transfer its ownership of shares. There are 3 reasons why interlocutory judgment is urgent, which are (1) Judging the abuse of dominant position by Temasek group on the sale of Indosat shares to Qatar Telecommunication in the middle The Supreme Court's process of legal remedies, creates uncertainty of KPPU's and District Court's verdict which ignored by Temasek business group by violating article 27 letter (a) Anti – Monopoli Act. (2) Judging from the objective of the formulation of the Anti – Monopoli Act particularly , that the regulation of abuse of dominant position is given on the basis to protect business competition and the public interest. (3). Judging from the economic aspect, the interlocutory judgement is useful to secure the assets of business actors who do not have good faith during the proceeding process. There will be no economic losses.

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