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INDONESIA
Perkara: Jurnal Ilmu Hukum Dan Politik
Published by Universitas Sains Dan Teknologi Komputer
ISSN : 29887755     EISSN : 29885213     DOI : 10.51903
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 251 Documents
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Peran Otoritas Jasa Keuangan Dalam Melindungi Pemegang Polis Asuransi Akibat Pailitnya Perusahaan Asuransi Imroatul Hasanah; Novilia Wulansari; Nur Aini Riski Yolandari; Firly Ajurni
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1525

Abstract

The Financial Services Authority as an institution that controls insurance sector activities functions to create a financial system that grows sustainably and stably and increases public trust in the insurance sector. As part of supervision of the insurance sector, the Financial Services Authority has the authority to issue bankruptcy statements to insurance companies to protect the interests of policyholders. The aim of this research is to examine the role and jurisdictional perspective of the Financial Services Authority in insurance company bankruptcy cases in Indonesia. OJK is an independent institution that is free from state interference in carrying out its duties, roles and authority in the field of supervision, investigation and research in the financial services sector to create a good national economy. In supervising the insurance sector, the Financial Services Authority has the authority to file bankruptcy applications against insurance companies to protect the interests of policy holders. Insurance companies are regulated in Law no. 21 of 2011 concerning the Financial Services Authority. This research uses a qualitative descriptive approach, which is based on secondary data obtained through library research. The task of the Financial Services Authority in the bankruptcy of an insurance company is to monitor the progress of the insurance company's bankruptcy until its liquidation and to guarantee that the insurance company has paid all its obligations.
Pemicu Pelecehan Seksual pada Perempuan Natasya Dwi Nanda; Bimillati Arifanny Ikhwana; Jasmine Az-Zahra
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1553

Abstract

Data on the high rate of violence against women in Indonesia is indeed a very important concern. The use of qualitative methods in this study made it possible to delve into them in more detail, providing insight into the more substantial aspects of the issue. Factors such as a strong patriarchal culture and low public awareness of violence against women can indeed be the main causes of this situation. Understanding these factors can help in overcoming existing problems. Finding ways to raise public awareness, strengthen legal protections for victims, and provide appropriate psychological assistance to victims can be necessary steps to reduce the rate of violence against women.
Penyandang Disabilitas dalam Berpolitik Berdasarkan Hak Asasi Manusia Muhammad Sholeh; Ferdinand Rafi Arya Putra; Daffa Andita Siswanto; Ahmad Fathir Alvian Maulana; Muhammad Abuhasan Assadzali
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1554

Abstract

Humans are God's most noble creation, even though in their creation they have physical and mental differences between one another, which gives rise to advantages and disadvantages, but there are similarities, namely that they both have rights. The role of politics in the life of the nation and state cannot be separated from general elections which are carried out directly, publicly, freely, secretly, honestly and fairly. It is hoped that every citizen who meets certain requirements must exercise their right to vote. This includes people with disabilities who are still underestimated by society but have the right to vote and be elected. This research is normative or based on the norms of life of the Indonesian people themselves. Then this research uses several references from valid and trusted journals so that there is no data engineering in its creation. Apart from that, this research aims to open up public understanding regarding the importance of fulfilling political rights and obligations for people with disabilities, especially in general elections. Everyone has the right to determine who their chosen leader will be in the future. So this research is very necessary so that human rights violations do not occur especially in General Elections.
Sanksi Hukum Terhadap Perseroan Terbatas yang Tidak Berbadan Hukum Nurdini Dwi Septi; Alfina Damayanti; Sumriyah Sumriyah
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1604

Abstract

A limited liability company (PT) is a legal entity that is generally used to run business in various countries. The process of establishing a PT involves steps such as determining the company name, preparing articles of association, and registration with a n authorized legal entity. After establishment, shareholders play a role in determining Company policy through general shareholder meetings (GMS) and electing the board of directors. The purpose of this research is to find out the conditions for establishing a PT in Indonesia and what legal sanctions there are for PTs that do not have legal principles.
Tinjauan Yuridis Terhadap Perusahaan Yang Tidak Menjalankan Tanggung Jawab Sosial Perusahaan (CSR) Cristian Genhart Sirait; Mohammad Reza As Syafi
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1606

Abstract

CSR or corporate social responsibility is an important aspect that was born as a form of corporate responsibility towards social aspects, which includes economic and environmental responsibility. In Indonesia, every company in Indonesia which operates in the field of natural resources is obliged to carry out Social and Environmental Responsibility in accordance with the provisions of Article 74 of Law No. 40 of 2007 which regulates that companies which carry out their business activities in the field and/or related to natural resources are obliged to carry out Responsibility. Social and Environmental Responsibility, Social Responsibility is the Company's obligation which is budgeted and calculated as company costs, the implementation of which is carried out by paying attention to propriety and fairness. Companies that do not carry out social responsibility will be subject to sanctions in accordance with statutory provisions. This research uses normative legal research. This research method is legal research carried out by examining library materials or secondary data. Regulation of obligations for companies in carrying out social responsibility has been regulated in many statutory regulations, however there are still many problems in terms of implementation, due to the lack of clarity regarding the rules regarding sanctions which has led to multiple interpretations. Therefore, new law enforcement is needed, by making the mechanism for implementing sanctions clearer on companies that do not carry out corporate social responsibility.
Kepastian Hukum Terkait Pengambilalihan (Akuisisi) Saham Dalam Suatu Perseroan Terbatas Tertutup Dengan Akta Jual Beli Saham Mujaddady Mujaddady; Ilham Ilham
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1607

Abstract

The use of a Share Sale and Purchase Deed in the context of taking over shares in a Closed Limited Company is a legal issue which is the basis of this research. Buying and selling shares and acquiring shares is often considered a problem in notarial practice, and differences in interpretation regarding ratification of notarial deeds arise depending on the notary's obligation to ratify notarial deeds. Because there are no regulations that specifically support this, it is necessary to discuss the status of this legal issue. The research method uses a normative juridical research type, with a statutory-regulatory approach, case approach, historical approach, and context approach. The results of this research: that the use of a Share Sale and Purchase Deed can be carried out as long as there is no change in control, however if the implementation of the share sale and purchase results in a change in control, then it is best to do so. carried out through procedures, conditions and procedures for taking over shares (acquisition). This legal position is closely related to the role of the Notary in making deeds, which must always minimize the existence of deeds from the environment in the future. Legal certainty regarding the takeover of shares (acquisition) of a Closed Limited Company with a Share Sale and Purchase Deed, where if the sale and purchase of shares does not result in a change in share ownership, then the use of the sale and purchase deed provides certainty for the parties, however if the sale and purchase of shares results in a change control of shares, then the sale and purchase deed does not provide legal certainty for the parties, so it must be carried out in accordance with procedures and mechanisms. arrange share acquisition.
Penyelesaian Konflik Sertifikat Hak Milik yang Tumpang Tindih melalui Mediasi Angga Alfian; Angga Bela Dinata; Mega Trio Kristian Ade Putra; Udea Triyunita
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1610

Abstract

This research aims to explore the potential for using mediation in resolving conflicts over overlapping property rights certificates. The research method used is empirical legal research with primary and secondary data. Primary data was obtained from cases of property rights certificate conflicts that were successfully resolved through mediation, while secondary data came from literature research for theoretical analysis. Qualitative analysis was conducted on the data with a focus on emerging patterns, themes and findings. The research results show that the factors causing conflict involve administrative errors, changes in property boundaries, failure to verify ownership, changes in the legal status of property, and territorial division. Mediation through the National Land Agency (BPN) is an effective alternative in resolving this conflict. The agreement resulting from the mediation is recorded in the Minutes of Mediation Holding and Dispute Settlement Agreement Letter, providing a legal basis for follow-up registration of land rights to BPN. In conclusion, mediation can be an effective tool for resolving overlapping property rights certificate conflicts, providing a quick, cost-effective solution and considering the interests of all parties.
Sistem Jaminan Lakang Wi,it di Kecamatan Talibura Kabupaten Sikka Frederika Bernadeta Ursula Idam Putri; Maria Alfira Nata; Louisiano Grandiroyvan Wera Moa
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1613

Abstract

The community of Talibura Subdistrict, Sikka Regency in carrying out economic activities has local wisdom which is often referred to as lakang wi,it which has been carried out by the Talibura subdistrict community for generations. Lakang Wi,it is an agreement made by a person with money to a person without money to do certain things within a certain time. In this research, the author wants to see the relationship between the Law of Association and also the local wisdom of Lakang Wi,it which both regulate agreements. This research is a sociological juridical legal research that has an object of study on community behavior. The law of engagement regulated in the Civil Code in force since the Dutch colonization of Indonesia has a relationship with the local wisdom of Lakang Wi,it in Talibura District, Sikka Regency. The similarity is that both regulate the agreement between the two parties and also lakang Wi,it is included in the form of an agreement in the form of an agreement that gives flexibility to both parties to enter into an agreement, the difference is that lakang wi,it is a small part of a broad and complete law of engagement while in local wisdom lakang Wi,it is more inclined to oral actions, not written and not as complete as the law of engagement in the Civil Code, in the settlement of disputes it is still thick with the customs of the local community.
Analisis Faktor Penyebab Sengketa Tanah dan Implikasinya terhadap Hak Para Pihak di Kecamatan Insana Utara, Kabupaten Timor Tengah Utara Lidia Anjelina Laos; Sukardan Aloysius; Agustinus Hedewata
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1615

Abstract

The purpose of this writing is to determine the factors that cause land disputes and their implications for the rights of the parties in North Insana District, North Central Timor Regency and to determine the legal consequences for the rights of parties in land disputes in North Insana District, North Central Timor Regency. The benefit of this research is as information material to increase insight and knowledge regarding the title of the thesis which the author will research and will be useful for scientific material, especially land disputes in the civil law specialization. The method used in this research is an empirical legal research method. The results of this research show (1) The factor that caused the land dispute that occurred in North Insana District was the factor of personal conflict of interest, namely that the defendants grabbed the land, occupied and cultivated the land based on their personal interests without paying attention to the ownership of the land so that causing land disputes. (2) The consequence of the land dispute is that the owner suffers losses both material and immaterial, so that the defendant is given sanctions in the form of a fine. The conclusions of this research are (1) The factor that causes land disputes that occur in North Insana District is the factor of conflict of personal interest by taking over for personal gain. (2) The consequence of the land dispute is that the owner suffers losses, so that the dispute party receives sanctions in the form of fines to be given to the owner. The author's suggestion is that the Village Head as a mediator must bring the two parties together to make peace so that social relations between the two parties can return to running well.
Tinjauan Yuridis terhadap Pelindungan Cuplikan Film dan Series yang Disebarluaskan Tanpa Izin pada Aplikasi TikTok Berdasarkan Undang-Undang No. 28 Tahun 2014 tentang Hak Cipta Calvina Chaeria Ramadhany; Rifqi Mahardika Putra; Adela Sahla
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1616

Abstract

The high level of popularity of the TikTok application has an impact on the dissemination of various phenomena, one of which is the distribution of film and series snippets by unauthorized accounts without the permission of the creators of the films and series concerned. Those unauthorized accounts gain economic benefits from the uploaded video snippets because they have a large number of viewers. It is very detrimental to film and series creators because many people do not want to watch those films and series on official platforms that have been provided such as cinemas or streaming applications because people already know the storyline or have received spoilers from the uploaded video snippets by unauthorized accounts. This research aims to find out whether copyright law already provides sufficient protection for film and series snippets and for the Copyright Holder, also to find out what the government actions are in dealing with this problem. This research was conducted using a normative juridical method, namely a literature study that refers to laws in the field of intellectual property rights law as well as secondary legal materials such as books, articles and journals regarding copyright. The results of the research show that films and series are classified as cinematographic works so they must be protected from all forms of violations such as dissemination without the permission of the Copyright Holder as regulated in Law No. 28 of 2014 concerning Copyright, in this case the government actions in protecting film and series snippets are to create a Directorate General Intellectual Property and Creative Economy Agency to assist with copyright registration and handling copyright violations.

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