SUPREMASI HUKUM

PROBLEMATIKA PENEGAKAN INSIDER TRADING DALAM PRAKTIK PASAR MODAL DI INDONESIA

Ilham Aji Pangestu, Achmad Thorik, Dian Yulviani, Muhammad Rizqi Fadhlillah — Mon, 12 Aug 2024 00:00:00 +0700

This research aims to identify and analyze the problems of insider trading in capital market practices in Indonesia. This research is normative legal research. Legal materials consist of primary and secondary legal materials obtained through literature study. The approach used includes a statutory regulatory approach. Based on the results of the discussion, it is known that first, Law Number 8 of 1995 concerning Capital Markets (UUPM) still has several weaknesses. Article 95 does not explain who is meant as an employee of the issuer. Apart from that, UUPM has a legal loophole to reach insider trading which is based on misuse of information to carry out transactions. UUPM only regulates insider trading that occurs as a result of violations of obligations. Second, the law enforcement process for insider trading violators in Indonesia is still considered very weak. Third, POJK Disgorgement is one of the government's efforts to deal with insider trading. These efforts include examination, investigation, evidence, dispute resolution, and imposition of sanctions. Researchers provide suggestions including, first, strengthening the role of OJK in terms of supervision. Second, the formation of a special unit consisting of several institutions to handle and resolve insider trading practices so that they are effective and efficient. Third, increasing understanding and education related to POJK Disgorgement in the community.

Keywords: Problems; Insider Trading; Capital Market

TINJAUAN YURIDIS TERHADAP KONSUMEN YANG MENGALAMI KERACUNAN MAKANAN (CONTOH KASUS KERACUNAN CIKI NGEBUL/ICE SMOKE)

Ryan Rudyarta — Mon, 12 Aug 2024 00:00:00 +0700

Food is basic need of human daily life. Snack food generally popular among society as an example ciki ngebul/ice smoke which contain liquid nitrogen. Some cases food poisoning has been reported by consumers caused by consumption ciki ngebul/ice smoke. The problem issue is how the legal protection towards consumers who experienced food poisoning ciki ngebul/ice smoke and how legal effort which can be reached consumers who experienced food poisoning ciki ngebul/ice smoke. Author used normative law research, data acquisition method is literature review, approach of writing use regulatory approach and case approach. Consumer who experienced food poisoning ciki ngebul/ice smoke are protected by law number 8 year 1999 concerning consumer protection. efforts to resolve consumer disputes can be reached through 2 (two) legal effort, that is disputes resolution through the courts (litigation), nor disputes resolution through out of court (non litigation).

Keywords: Consumer; Food poisoning; Consumer protection

RESTRUCTURING OF BANK DEBT IN THE CONTEXT OF PKPU APPLICATIONS AS A MEANS TO SAVE BUSINESS ACTORS?

Raendhi Rahmadi, Djaka Suryadi — Mon, 12 Aug 2024 00:00:00 +0700

Postponing Debt Payment Obligations (PKPU) aims to achieve peace between customers and financing providers so that they can reach an agreement regarding how these debts will be paid. Financing restructuring is an effort to improve the activity of providing relief for paying financing debt installments to customers who may have difficulty fulfilling their obligations. The financing provided by sharia banking is always subject to the risk of payment failure, which creates financing issues. The efforts of Sharia banking to surmount non-implementation of financing are, in principle, identical to those of conventional banking. These efforts include restructuring financing, collateral execution, litigation, the national sharia arbitration council, writing off books, and returning debts by reducing principal debt.

Keywords: Sharia Bank, Restructuring of Financing, and Non-Financing Performance

IMPLEMENTASI PERLINDUNGAN KONSUMEN DALAM JUAL BELI PRODUK MY FEET DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Puspa Afrida, Dwi Nurahman, Kartika Sari — Tue, 13 Aug 2024 00:00:00 +0700

The purpose of this research is to determine the implementation of Act Number 8 of 1999 concerning Consumer Protection. This research includes a typology of empirical juridical research. The results of this study will show that the implementation of Consumer Protection as regulated in Act Number 8 of 1999 in dispute resolution mediation sessions held at BPSK is divided into 2 stages, namely; before the trial and during the trial process. The protection provided before the trial takes place, namely by providing services in receiving consumer reports and lawsuits, summoning business actors, selecting methods used in resolving disputes and appointing a dispute resolution trial panel, this is the implementation of the basic principles of consumer protection and the regulations of Act Number 8 of 1999 concerning Consumer Protection, which in its implementation is in accordance with Consumer Rights, Business Actors' Obligations and Business Actors' actions which are prohibited in sales and purchase agreements, with the presence of elements of defective will, lack of consumer awareness and weak law enforcement officials are indicators that consumer protection is not yet effective. Consumers have not fully exercised their rights as disadvantaged consumers

Kata kunci : Perlindungan Konsumen, Jual Beli, Produk My Feet

PERAN HAKIM MENERAPKAN KEADILAN: STUDI KASUS PENGGUGAT KLAIM BEBERAPA ASET PADA PENYELESAIAN SENGKETA HARTA BERSAMA

Ilhammuddin Muddin, Elfia, Zulfan — Tue, 13 Aug 2024 00:00:00 +0700

This study reviews court decisions in resolving joint property disputes, focusing on analyzing the decision in case number 0000/Pdt.G/2022/PA.Kds. The division of inherited property is a complicated problem because it often causes conflict among heirs. This research is library reasearch by examining phenomena that occur in society, using secondary data sources in the form of relevant literature studies, followed by qualitative descriptive analysis. The results showed that the decision in the settlement of joint property disputes was based on Article 35 paragraph (1) of Law Number 1 of 1974 and the Compilation of Islamic Law, which emphasized that property obtained during marriage becomes joint property. The plaintiff's claim to several assets as joint property was partially recognized by the defendant after careful examination.

Keywords: Asset, Judge, Justice, Dispute Resolution

URGENSI DINAMIKA PERSELISIHAN HUBUNGAN INDUSTRIAL DALAM POLITIK HUKUM INDONESIA

Yusmedi Yusuf — Tue, 13 Aug 2024 00:00:00 +0700

In the development of industrial relations today, there have been many problems of employment disputes caused by company conditions. Disputes over Termination of Employment are widespread and cause misery for the people to earn a living. This study uses the normative research method. Industrial disputes cause workers to experience anxiety about employment relations, have a negative impact on society because workers do not get legal protection from the government. Government policies that never side with the Indonesian people who experience industrial relations disputes often have an impact on workers. The conclusion in this writing is that the justice aspect for workers is influenced by changes in employment legislation that are more in favor of the interests of the government and companies. The government has a political interest in providing legal protection for workers, so that employment law does not achieve the goal of social justice for the welfare of workers.

Keywords: Justice; Industrial Relations Disputes; Politics; Employment Law

PENEGAKAN HUKUM TERHADAP PRAKTIK PERDAGANGAN KUCING KUWUK SEBAGAI SATWA LIAR DILINDUNGI

Rizki, Aal Lukmanul Hakim, R. Djuniarsono — Tue, 17 Sep 2024 00:00:00 +0700

The leopard cat or Prionailurus Bengalensis is one of Indonesia's animal diversity and is a very valuable asset, and protection of this biodiversity is a must. One of the main threats is illegal trade and poaching for their exotic fur or as pets which also threatens the population of leopard cats. Based on the findings in this research, it can be concluded that even though the trade in protected animals has laws and regulations, there are still cases that continue to trade in protected animals, including leopard cats.

Keywords: Leopard Cat, Protected wildlife, Law Enforcement

TINJAUAN YURIDIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (Studi Putusan Nomor 164/Pid.B/2023/PN Kla)

Wawan Prasetyo, Endang Prasetyawati, Angga Alfiyan — Tue, 17 Sep 2024 00:00:00 +0700

This study aims to analyze law enforcement regarding the causal factors and considerations of judges in cases of violent theft. The sources and types of data used are primary and secondary data. Data collection through library research and field research. The causal factors for violent theft include; Family factors, family disturbances, mental stress, and damaged values can drive someone towards deviant behavior. Then the judge has considered several things, namely: Proof based on valid evidence as regulated in Article 184 paragraph (1) of the Criminal Procedure Code, which includes: witness statements, evidence and statements from the defendant, in court have been proven legally and convincingly.

Keywords: Law enforcement; Criminal act; Theft; Violence

PERAN HUKUM DALAM PENGATURAN DAN PERLINDUNGAN KERJA GIG ECONOMY DI INDONESIA

Adristi Syakirah Emeldi, Miftah Rizka Humairah, Nazwa Aqilah — Tue, 17 Sep 2024 00:00:00 +0700

The Gig Economy is currently one of the many options for generation Z to work, the problem that is currently occurring is still the lack of Government attention in providing adequate guarantees of protection for Gig Economy workers so that research needs to be conducted with the aim of How the Law Plays in Regulation and Job Protection for Gig Economy Workers in Indonesia. The methodology in this research is a type of literature review research by analyzing qualitative data from various scientific articles. The results of the research show that there is still minimal attention and role of the Indonesian government for Gig Economy players. This research has a positive impact on the development of science and shows that Gig Economy workers have the right to receive regulation and protection from the government in Indonesia.

Keywords: Gig Economy; Legal Role; Protection; Regulation

PERAN HUKUM PERDATA DALAM PENGEMBANGAN EKONOMI: PERBANDINGAN INDIA DAN RUSIA DALAM KONTEKS BRICS

Tue, 17 Sep 2024 00:00:00 +0700

This study examines the civil laws of India and Russia in the context of economic growth, focusing on a comparison between the two countries within the BRICS framework. The methodology employed is a literature review to identify differences and similarities in the development of civil laws in India and Russia. The analysis reveals that while India and Russia may not exhibit remarkable environmental performance compared to other BRICS nations, both prioritize environmental sustainability as a primary focus in their economic development policies. The research underscores the role of environmental laws in achieving sustainable impacts on the environment in both countries. Regarding intellectual property, Russia emerges as the most actively involved nation in intellectual property agreements within BRICS, especially when compared to India. Despite differences in trademark registration procedures, both countries demonstrate compliance with an integrated model. The study notes that Russia's intellectual property laws tend to be more general compared to India, which has more specific regulations. Practically, the research suggests the need for continuous efforts to maintain environmental achievements in both countries, with significant potential for collaboration in renewable energy production. In the realm of intellectual property, the identified patterns offer opportunities for collaboration and knowledge exchange between India and Russia. The findings of this study can guide policymakers and stakeholders in formulating strategies for environmental protection and intellectual property management within the BRICS context. This research makes a significant contribution to a deeper understanding of the differences and similarities in civil laws between India and Russia in the context of the BRICS economy.

Keywords: BRICS; Civil Law; Consumer Protection; Environmental Protection; Intellectual Property