Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)最新文献

{"title":"The Role of Capital Market Notary in Corporate Backdoor Listing Actions in Indonesia","authors":"Nabilla Syahdinda, Arman Nefi","doi":"10.31941/pj.v22i2.2865","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2865","url":null,"abstract":"<p><em>The Rapid of economic development certainly affects the business world seen from the efforts of a company to expand its business, where business expansion certainly requires large funding. One of the ways to obtain funding is through activities in the capital market. A Limited Liability Company will trade securities but previously the company must have been listed on the Stock Exchange. The mechanism of going public by way of an Initial Public Offering (IPO) has conditions that are difficult to fulfill for some companies, so some companies take an alternative by doing Backdoor Listings, in order to be listed and get benefits like a public company. The author uses a normative juridical approach by examining literature or secondary data related to tertiary legal principles and norms and materials, which will be analyzed descriptively. The author sees that, there is no specific regulation related to backdoor listing corporate actions in the implementation of capital market activities in Indonesia and likewise with the absence of regulations that can be used as guidelines by notaries in the capital market sector in supporting backdoor listing corporate actions.</em></p><p><strong>`</strong></p><p><strong><em>Keywords: Backdoor Listing, Notary, IPO, Go Public, the </em></strong><strong><em>Financial Services Authority</em></strong><strong><em></em></strong></p>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constitutional Court Decision to Protect the Rights of Women and Children in Improving Justice and Legal Certainty","authors":"Riris Ardhanariswari, Muhammad Fauzan, Fathimah Azzahro","doi":"10.31941/pj.v22i2.3054","DOIUrl":"https://doi.org/10.31941/pj.v22i2.3054","url":null,"abstract":"<p class=\"Abstract\"><em>This paper aims to analyze how the Constitutional Court protects human rights, especially the rights of women and children. Through one of the powers of the Constitutional Court is to conduct a judicial review of the Constitution. The authority of the Constitutional Court is a push for the realization of the constitutionality of the law in order to protect human rights for everyone, including women and child right. The purpose is to analyze the extent to which the Constitutional Court performs its function as the guardian of the Constitution. The research uses statute approach, the comparative approach, the conceptual approach, and the historical approach, based on four judicial review cases: Constitutional Court Decision No.20/PUU-XI/2013 concerning Judicial Review No. 10 of 2008 of General Elections, Constitutional Court Decision No.46/PUU-VIII/2010 concerning Judicial Review Number 1 of 1974 on Marriage, Constitutional Court Decision No.22/PUU-XV/2017 concerning Judicial Review Number 1 of 1974 on Marriage, and Constitutional Court Decision No.24/PUU-XX/2022 concerning Judicial Review Number 1 of 1974 on Marriage. The results of the review demonstrate that: (1) there is an imbalance in legal products that harm women and children; and (2) the Constitutional Court has a mechanism to correct inequality in legal products through a judicial review mechanism. This paper finds that the Constitutional Court plays a significant role in safeguarding women's rights in law through judicial mechanisms. Moreover, this article provides an academic-based assessment of the Constitutional Court's decisions to provide optimal protection for the fulfilment of the rights of women and children.<strong></strong></em></p><p class=\"Abstract\"><strong><em>Keywords:</em></strong><em> </em><em>Protection, Woman and Children, Rights, Constitutional Court</em><em></em></p>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection for Automatic Exchange of Information Taxation in Indonesia: The Importance of Synergy with Cybersecurity Institutions","authors":"Gde Wahyu Marta Gunadi, I Nyoman Budiana","doi":"10.31941/pj.v22i2.2488","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2488","url":null,"abstract":"<span lang=\"EN-US\">Every citizen who is the subject of taxes and already has a Taxpayer Identification Number (NPWP or NIK) must do tax reporting on his income. Such reporting ensures taxpayer property and income data validation while supporting good governance. Data automation support is needed from other agencies such as banks to find out the balance and ownership of deposits and bank securities, land bodies to know land ownership, stock exchanges to know share ownership and other institutions related to property ownership. Integration between these institutions will increase the validity of reporting property and income owned by government officials, ultimately improving integrity towards good governance. In reality, there is no automation of validation of annual notification letter (SPT) charging data on property ownership data in each institution due to the sectoral ego of each institution, and there is no real-time regulation of property validation. Automatic Exchange of Information (AEOI) enables the automated sharing of a set of information that has been previously defined by the tax authorities. AEOI is a plan of the G20 members and is initiated by the OECD. The AEOI system works through the exchange of financial data of foreign nationals living in a country. The exchange of financial data is carried out between the tax authorities in each country. Indonesia is prepared to put this into practice as a G20 member, as evidenced by the previous release of Minister of Finance Regulation Number 39/PMK.03/2017 (PMK 39), covering Procedures for Exchange of Information Based on International Agreements. Types of Documents and/or Additional Information Required to Be Retained by Taxpayers Conducting Transactions with Related Parties and Procedures for Management, Minister of Finance Regulation No. 213/PMK..03/2016 (PMK 213). As a result, in addition to the Automatic Exchange of Information (AEOI) regulation put out by the Organization for Economic Cooperation and Development, there needs to be legal protection (OECD). Furthermore, the author emphasizes the importance of cooperation and synergy with cybersecurity institutions to secure tax exchange data.</span>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protection and Certainty of Social Welfare Law in the Concept of a Welfare State: Perspective of State Administrative Law","authors":"Mohamad Fasyehhudin","doi":"10.31941/pj.v22i1.2544","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2544","url":null,"abstract":"<span>The intervention of the state administration in providing legal protection and certainty for social welfare insurance is very important. However, there are still problems occurring in society, including acts of discrimination against accessing social needs, causing social inequality. The goal of this research is to determine how the government's responsibility in implementing social welfare is to provide legal protection and certainty to the community in the concept of a welfare state from the standpoint of state administrative law and how Arrangements for Social Welfare Policy Based on Government Regulation of the Republic of Indonesia Number 39 of 2012 Concerning Implementation of Social Welfare This research method is normative-juridical. The results of this study show that the responsibility and authority of the government in implementing social welfare and carrying out the duties of executive power must be based on the will of the state, which is based on statutory regulations established by the legislature. The policies regulated in the Government Regulation of the Republic of Indonesia Number 39 of 2012 concerning the Implementation of Social Welfare are rehabilitation policies, social security policies, social empowerment policies, social protection policies, infrastructure standard policies, community participation policies, registration procedures policies, and policies for institutions that organize social welfare</span>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135718541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Enforcement of Marriage Law (No 16 of 2019) Through The Ambassadors of Child Marriage Prevention in Tembarak District, Temanggung Regency","authors":"Hidayatun Ulfa, Sholeh Kurniandini, Azim Miftachul Ihsan, Husna Nashihin","doi":"10.31941/pj.v22i1.2972","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2972","url":null,"abstract":"The enforcement efforts of Law Number 16 of 2019 on marriage performed in Temanggung are designed to minimize the divorce rate in Temanggung through the empowerment of Sakinah family ambassadors through pre-marriage education to actualize family resilience. The practical benefit of this study is that it can give insight to the ambassadors about the age limit of marriage and the consequences of early marriage. The ambassadors are meant to use the insight to take action against early marriage so that the number of cases of early marriage in the Tembarak district continuously decreases or even reaches zero. This study employs a descriptive qualitative research approach to explain the enforcement efforts of Law Number 16 of 2019 on marriage in Temanggung. The implementation of Marriage Law Number 16 of 2019 is carried out through a number of Focus Group Discussions (FGD): youth guidance, and ambassadors coaching to prevent early marriage; mentoring; monitoring and evaluation; and outcome exposure. This research intends to lower the number of early marriages among Tembarak District school-age students (Junior and High school students: SMP/MTs and SMS/MA/SMK). The implementation of Law Number 16 of 2019 on marriage is carried out through intense socialization in school assemblies in Temanggung","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135718542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Preparation and Obstacle of Notary in Making Notarial Deed in Facing Society 5.0 Era","authors":"Yotia Jericho Urbanus, I Made Pria Dharsana","doi":"10.31941/pj.v22i1.2186","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2186","url":null,"abstract":"This writing discusses the preparation and obstacle of Notary in making Notarial deed in facing. Notary Deed is an authentic deed made by or before a Notary according to the form and procedure stipulated in Undang-Undang Number 2/2014. According to Article 1868 of the Civil Code, an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This gives an indication that a deed made by a Notary as a public official can be said to be an authentic deed if it meets the requirements as described in the article. The entry of society 5.0 era in Indonesian society causes the need for an adaptation for Notaries in Indonesia in terms of meeting the needs of people who are affiliated with technology, especially in making authentic deeds. Initially, the use of technology such as the use of video conferences, electronic signatures, electronic ID verification tools and the liveliness test system was considered the answer for Notaries in terms of meeting the community's need for authentic deeds, especially in dealing with technological developments that entered all aspects of human life. However, Indonesia as a legal state that has the spirit to always ensure justice and legal certainty, causes all actions taken by a legal subject to be guided by the law that governs it. In this case, there are obstacles in the use of video conferencing, electronic signatures, electronic ID verification tools and the liveliness test system due to the absence of a legal basis that serves as a legal umbrella for their use in making a notarial deed. Furthermore the concept of facing using technological developments cannot be equated with being physically present as described in Undang-Undang Jabatan Notaris.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Notary’s Authority in Establishing Deeds for Minors and Their Rights as Shareholders of Limited Company","authors":"Desvia Winandra, Mohammad Fajri Mekka Putra","doi":"10.31941/pj.v22i1.2155","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2155","url":null,"abstract":"<em>Notaries are empowered to demonstrate different types of business practices. One of the acts involves a shareholder taking legal action at the company</em>. <em>The laws and regulations in Indonesia do not regulate the age limit of shareholders. However, the result of the incompetent duty in this case is a child under the age of twenty- one and can apply for dismissal. This raises the issue of Notary’s authority to explain the claims of children who are unable to implement their rights as partners of a limited liability company. The normative legal method was used in this research. A child may be a legitimate shareholder, which is related to a person's legal conduct, that related to a person's legal actions and actions are seen from his skills and authority that was regulated in Indonesian Civil Code, the Law of Notary Position, and Indonesian Marriage Law. The attorney's authority over a minor child as a shareholder must be represented by his parents. Notary must focus on the skills and authority of the individual when exercising his position of drafting deeds or legal act on behalf of the company. Therefore, Notary must act diligently and thoroughly in drafting deeds and perform its position in accordance with the Law of Notary Position and the Notary Code of Ethics. Thus, Notary has the authority to establish deeds in a legal action for a twenty-one years old person as a company shareholder.</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Agent Responsibilities in Life Insurance Marketing Practices for Legal Protection for Consumers","authors":"Mochamad Arifinal","doi":"10.31941/pj.v22i1.2303","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2303","url":null,"abstract":"<span>The legislation provides legal protection to policyholders as insurance consumers. Protection of policyholders as insurance consumers is regulated in several regulations, such as the Criminal Code and the Civil Code. The Criminal Code Number 2 of 1992 concerning Business Insurance, the Criminal Code Number 8 of 1999 concerning Consumerism Protection, also regulated in the rules of the Professional Code of Agents Indonesian Life Insurance. This research aims to know whether the insurance law is sufficient to regulate the agent's responsibility to consumers in the practice of marketing life insurance and how the agents' responsibility of marketing life insurance to the protection of penalties to consumers. This research used a juridical normative method approach. This method focused on library data and was supported by field research to support existing data. The results of the research indicate that insurance, which includes the Commercial Code, the Civil Code, and Law Number 2 of 1992 concerning Business Insurance, has not been sufficiently regulated regarding the responsibilities of agents. Therefore, other regulatory agencies are needed, such as codes of ethics and professional agents (self-regulation); the establishment of draft laws or the brokering of agents into codes or laws; and consumer protection law provides legal protection to consumers through the regulation of rights and obligations to businessmen and consumers, which also regulates the responsibilities of businessmen in marketing a product, both in the form of services and goods</span>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Asymmetric Decentralization on the Recognition of Customary Law Community Units turned Customary Villages in Indonesia","authors":"Abdurrahman Al-Fatih Ifdal, Ratih Lestarini","doi":"10.31941/pj.v22i1.2365","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2365","url":null,"abstract":"<em>Transformation from a customary law community unit (kesatuan masyarakat hukum adat) in Indonesia into a customary village (desa adat) indicates a move enacted by the government of Indonesia to promote asymmetric decentralization. The problem that arises therein is the loss of self-governing community autonomy when the autonomy is combined with local self-government functions, especially when the supervision from the central government to local units in each local government becomes too excessive. As such, the study aims to examine how asymmetric decentralization affects the paradigm of recognition of government functions (local self-government) in customary law community units turned customary villages. The focus of this research is on the recognition of the Baduy tribe in Kanekes Village, Leuwidamar District, Lebak Regency, Banten Province as a customary village. The output of this research is to know the consequences of adopting asymmetric decentralization to the paradigm of local self-government in customary law community units that become customary villages.</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"70 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Notary Responsibility for Legal Smuggling in the Issuance of Absolute Deed of Power of Attorney for Sale and Purchase of Land","authors":"Rizky Hadiwidjayanti, Liza Prihandhini","doi":"10.31941/pj.v22i1.2288","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2288","url":null,"abstract":"<em>This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}