Jurnal Supremasi

Lelang Eksekusi Kepailitan atas Tanah dan Bangunan yang Dimiliki Bersama oleh Pihak Ketiga dan Debitur Pailit

Gracia Putri, Jessica Fionita, Juan Matheus — Fri, 20 Sep 2024 08:25:19 +0700

This study examines the execution auction in bankruptcy concerning land and buildings jointly owned by a third party and a bankrupt debtor. The importance of this study lies in protecting the property rights of third parties, which may be at risk during the auction process. There is a research gap in understanding the legal rights of third parties in joint ownership situations with a bankrupt debtor. The objective of this study is to identify the legal implications and protection mechanisms available to third parties. The methodology employed is a normative juridical analysis with a case study approach. The key findings reveal that third parties retain the right to file a lawsuit against the auction as an unlawful act (tort), but their claim of ownership is insufficient to nullify the auction conducted by the Office of State Wealth Service and Auction. This research implies a need for clearer regulations to protect third-party rights in similar cases.

Menyoal Tanggung Jawab Negara dalam Kepailitan BUMN-Persero

Siska Windu Natalia, Henry Darmawan Hutag — Fri, 20 Sep 2024 08:29:59 +0700

This study focuses on analyzing the bankruptcy of state-owned enterprises (BUMN Persero), highlighting the limits of state liability in the bankruptcy petition of PT. Garuda Indonesia. This research is important as it explores the research gap regarding the relationship between separated state assets and state liability in BUMN bankruptcies. The objective is to thoroughly examine the boundaries of state responsibility in the context of BUMN bankruptcy, specifically in the case of PT. Garuda Indonesia. The methodology employed is normative legal research, with secondary data analysis from various relevant regulations, such as the State Finance Law, the BUMN Law, the Bankruptcy Law, and the Company Law. The key findings reveal that the transformation of state assets into BUMN assets severs the burden and liability of the state as a public legal entity, making PT. Garuda Indonesia's bankruptcy is a business loss rather than a fiscal risk or state loss. The implication is that the state is only liable to the extent of its shareholding.

Implikasi Hukum Undang-Undang Cipta Kerja terhadap Perlindungan Hak Pekerja Pasca Pailit

Arsis Ravi Dana, Anik Iftitah, Muhammad Zainul Ichwan, Mukhammad Taufan Perdana — Fri, 20 Sep 2024 08:34:37 +0700

The rapid development of the modern economic sector has intensified competition among companies, consequently increasing the risk of insolvency. This study focuses on the amendments to labor law provisions following the enactment of the Omnibus Law and their impact on the protection of workers' rights after a bankruptcy ruling. There is a gap in understanding the effects of these regulatory changes on workers' rights, particularly in the context of termination of employment due to insolvency. The objective of this research is to analyze the impact of these legal changes on the protection of workers' rights. The methodology used is normative legal research with a legislative approach. The findings indicate significant changes in workers' rights regarding termination due to insolvency. The implications of the Omnibus Law reveal diverse impacts on workers' rights, both positive and negative. This study emphasizes the need for a deeper understanding and adjustments to new regulations to protect workers' rights in Indonesia. The results of this research are expected to provide insights and recommendations for policymakers and legal practitioners in addressing the challenges arising from changes in labor regulations.

A Model of Legal Protection for Justice Collaborators and Whistleblowers in Corruption Crimes

Doni Rahmat, Lukman Hakim, Muhammad Zulfikar Putra Prawiranegara — Fri, 20 Sep 2024 10:30:06 +0700

This article focuses on analyzing and developing the legal protection concept for justice collaborators and whistleblowers in corruption cases. The urgency of this research lies in the fact that protection for these key figures in crime disclosure remains insufficient. The study identifies legal gaps in the current regulations concerning their protection. Employing statutory, conceptual, and comparative legal approaches, the research reveals that the existing framework for justice collaborators and whistleblowers still faces legal challenges. The findings recommend a more comprehensive protection system, not only during legal proceedings but also after the sentencing. Rewards for their cooperation could include immunity from prosecution or lighter penalties, such as probationary sentencing. The implications of this study highlight the necessity for regulatory reform to enhance legal protection for both justice collaborators and whistleblowers.

Efektivitas Penyelesaian Tindak Pidana Korupsi oleh Jaksa Selaku Penyidik dan Penuntut Umum (Studi Pada Kejaksaan Negeri Kepulauan Morotai)

David Andrianto, Faissal Malik, Nam Rumkel — Fri, 20 Sep 2024 00:00:00 +0700

This study aims to analyze the effectiveness of prosecutors at the Kepulauan Morotai District Attorney's Office as investigators and public prosecutors in handling corruption cases, as well as to identify the challenges faced during the process. The research employs a normative juridical-empirical method with a sociological law approach, combining secondary data from legal regulations with primary data from field observations. The findings indicate that the Kepulauan Morotai District Attorney's Office has effectively carried out its duties and authorities, as evidenced by its achievements in handling corruption cases from 2020 to 2022. However, several juridical and non-juridical obstacles hinder the resolution of cases. The study implies that further efforts are needed to address these challenges in order to enhance the performance of the District Attorney's Office in the future.

Urgensi Transformative Justice dalam Penanganan Perkara Anak Sebagai Upaya Pembaharuan Hukum Indonesia

Lukman Hakim, Didik Endro Purwoleksono — Fri, 20 Sep 2024 10:39:07 +0700

This study examines the urgency of transformative justice in handling juvenile cases as part of legal reform in Indonesia. The research employs normative legal methods with statutory, conceptual, and case approaches. The importance of this research lies in identifying the need to expand the concept of restorative justice, which focuses solely on the offender and victim, towards transformative justice that also considers social, political, economic, and cultural aspects. The findings reveal that transformative justice offers a new alternative in the juvenile criminal justice system by not only focusing on the severity of the offense but also considering the personal circumstances of the child, including social status and family conditions. The implications of this concept show that transformative justice supports the more comprehensive development of children and serves as a more holistic approach to recovery in handling juvenile cases.

Legal Protection Concerning Children Facing Economic Exploitation in Batam City

Winsherly Tan, David Tan, Aini Rahmadani — Fri, 20 Sep 2024 10:42:54 +0700

The arbitrary economic exploitation of children by parents and other interested parties requires immediate attention. Batam City, located in the Riau Archipelago, is known for its innovation and low crime rates, primarily due to its focus on foreign relations. However, despite these positive aspects, the economic exploitation of children remains a significant issue, with economic factors playing a crucial role. This study aims to investigate the legal protection of children as victims of economic exploitation in Batam City using an empirical legal research method. This approach involves analyzing and examining the functioning of law within society, utilizing both primary and secondary data sources. The objective is to analyze legal protection for children as victims of economic exploitation from the perspectives of justice, utility, and legal certainty. The findings confirm that legal regulations concerning the protection of children from economic exploitation are clearly stipulated in the law. Various legal protection measures are available for children who fall victim to exploitation. However, enhancing parental awareness is essential to ensure consistent attention to the rights and obligations owed to their children.

Penyelesaian Sengketa Perlindungan Data Pribadi Melalui Arbitrase di Era Society 5.0

Zulian Claudia — Fri, 20 Sep 2024 10:47:10 +0700

The advancement of technology in the Society 5.0 era has led to the negative impact of personal data breaches, causing significant losses in the business sector due to the critical role of personal data. However, research on dispute resolution methods for personal data protection remains limited. This study aims to analyze the legal protection of consumer personal data and the methods of dispute resolution available in cases of personal data protection disputes. Using a normative legal research method, the study finds that the government has enacted the Personal Data Protection Law as a form of preventive and repressive protection. Additionally, the law provides the parties with the option to resolve disputes through arbitration. These findings demonstrate legal certainty in personal data protection in Indonesia, with implications for the business sector in utilizing more flexible dispute resolution mechanisms.

Analisis Putusan KPPU yang Melampaui Kewenangan Berdasarkan UU Larangan Monopoli dan Persaingan Usaha

Rian Benedictus Rumagit — Fri, 20 Sep 2024 10:51:10 +0700

This study highlights the importance of consistency in the application of KPPU's authority in accordance with the Anti-Monopoly and Unfair Business Competition Law. There is a research gap regarding the alignment of KPPU's sanctioning authority, particularly in Decision Number 17/KPPU-I/2018. The study aims to analyze the sanctioning authority of KPPU and its compliance with Law Number 5 of 1999. A normative juridical method is used to examine the decision and relevant laws, focusing on the limits of KPPU's authority. The key findings indicate that KPPU's Decision Number 17/KPPU-I/2018 exceeds the authority stipulated by the law, especially in imposing administrative measures on business actors violating Article 22. The implication is that KPPU must adhere to its authorized limits to ensure the effectiveness of competition law enforcement in Indonesia.

Measuring the Potential Involvement of Conventional Commercial Banks with Foreign Ownership in Increasing the Capital Capacity of MSMEs

Sri Hartati Rahayu, Satrio Alif Febriyanto, Feymi Angelina — Fri, 20 Sep 2024 10:54:09 +0700

The presence of conventional commercial banks with foreign ownership in Indonesia introduces a new dynamic in the national banking structure, with significant implications for the financing of Micro, Small, and Medium Enterprises (MSMEs). This study explores the potential involvement of these banks in enhancing the capital capacity of MSMEs, a sector traditionally dominated by the Himbara banks. Using normative legal research methods with doctrinal and comparative approaches, this study aims to identify the urgency and procedures for the involvement of conventional commercial banks with foreign ownership in MSME financing. The findings reveal that such involvement could create a mutually beneficial relationship, where MSMEs gain access to more diverse funding options, while these banks expand their customer base. These implications highlight the potential for strengthening MSME capital structures and contributing positively to the national economy.