Awang Long Law Review

RATIFYING THE CISG: ESTABLISHING DEFAULT RULES AS LEGAL CERTAINTY FOR INTERNATIONAL SALES CONTRACT

Edwin Chandra — 2024-11-30

International sales contracts are agreement that govern the cross-border sales of goods. Given the complexities inherent in such transactions, the United Nations on Contract for the International Sales of Goods (CISG) serves as a preventive measure to reduce misinterpretation and legal dispute between the contracting parties. However, the CISG’s applicability as a default rule remains limited due to not being ratified by certain states. The objective of this research is to analyze how the CISG act as a default rule to fulfill the legal certainty of contracting, and analyze the foreseeing challenges of ratifying the CISG in Indonesia. The research type is normative with statutory approach. The concept of default rules offers a convenient legal framework for the international sales contract that is in the absence of law. This theoretical framework was then adopted by the CISG, which instigates the phenomenon of the sticky default rules, reduce transaction cost with a complete set of interpretation and gap-filling mechanism, and ensure the legal certainty of the contracting parties. However, the ratification of the CISG may face several challenges such as the compability of the domestic law, potential conflicts of domestic interest, and high cost of legislating. Despite these challenges, ratifying the CISG in Indonesia remains feasible and beneficial for the development of international contract law.

CHALLENGES OF CRIMINAL INVESTIGATION CYBER CRIME

Wandi Hartono — 2024-11-30

The investigation process still has many cases of cybercrime that are stalled due to the limited equipment owned by the Police, for example if there is a complaint or report from the public regarding the occurrence of cybercrime, the reporter reports the incident to the local Police, which usually does not have special equipment to examine complaints or reports from the public, so the Police must coordinate with the Resort Police, which if its equipment is still inadequate, must transfer the complaint or report to the Regional Police level which certainly has adequate equipment to handle cybercrime cases, this is an obstacle in the investigation in the internal sector. While for external factors themselves, there are various obstacles faced by investigators.The research that the author will conduct is normative, namely research that is based on applicable legal principles.. The conclusion isAfter understanding the regulation of investigation of cybercrime cases regulated in the Law on Information and Electronic Transactions, it can be concluded that the investigation process is carried out by a team of investigators from the Republic of Indonesia National Police who can be assisted by people who are experts in certain fields related to the case that is under investigation if needed in solving a case by maintaining privacy, data authenticity, and not disrupting public services or public facilities. Searches and/or seizures of electronic systems related to suspected criminal acts must be carried out with the permission of the local District Court.

RESTORATIVE JUSTICE FOR CHILDREN OF CYBER-PORN

Patricia Sina Iwi — 2024-12-02

This study aims at finding out and analyzing the implementation of Restorative Justice for children of Cyber-porn offenders in the Sikka Regency Resort Police as well as to find out the obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders. The type of this research is a type of empirical legal research that is descriptive and analytical. The type of data used in this study is peripheral data obtained through interviews with members of the Police Resort in Sikka district while secondary data uses primary legal materials, namely: Police regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 012 concerning the Juvenile Justice System and for secondary legal materials and tertiary legal materials to support primary legal materials. Data collection is carried out by means of interviews and literature/documents. The technique used in this study uses qualitative analysis techniques. Cyber-porn crimes involving children, both perpetrators and victims in the community of Sikka Regency are still considered a disgrace so there are still many who do not want to report it to the police. In addition, investigators in implementing Restorative Justice are guided by Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, but in fact there are still many investigators who do not understand and master the application of Restorative Justice. Obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders, especially in the community and Sikka Regency Resort Police officers.

LEGAL ANALYSIS OF THE LEASE AGREEMENT FOR ELECTRIC POWER PLANTS

Fraistifina — 2024-12-04

Leasing consists of two types, namely finance lease with an option right and operating lease without an option right. A finance lease refers to an action by a financing company in carrying out financing activities by providing capital goods to the debtor, which will subsequently be utilized by the debtor for a specific period as agreed upon in the contract. Meanwhile, an operating lease is a type of lease that does not result in a substantial transfer of economic benefits or risks associated with the leased asset to the lessee. Generally, leasing in the electricity sector adopts the finance lease scheme due to the minimal risks posed to both parties. The issue the author seeks to examine pertains to the implementation, regulation, and accountability of leasing activities in the electricity sector. The type of research employed is normative legal research. The term 'juridical' refers to an approach based on applicable laws and regulations, while 'normative' refers to an approach conducted through primary legal materials. Normative juridical research utilizes primary legal sources as well as legal literature. Any party intending to lease electrical power must submit an application to PT PLN (Persero) in accordance with the provisions of the Decree of the Minister of Finance Number 1169/KMK.01/1991 concerning Leasing Activities. A juridical analysis of lease agreements for power plants is essential. This analysis seeks to identify potential legal issues that may arise and provide recommendations for improvements and enhancements in the execution of such lease agreements, thereby supporting the development of a sustainable and efficient electricity sector in Indonesia.

THE APPLICATIONS OF DECLARATION DECISIONS ON CIVIL PROCEDURE LAW IN INDONESIA

Emi Zulaika — 2024-12-04

Declaratory judgment is one of the decisions that can be given by the court to confirm a pre-existing legal right or situation, and not to provide new recognition or ratification. Declaratory decisions do not require execution because the decision explains the existing situation or the actual situation. The Civil Procedure Law has not fully addressed the problems related to execution that have become complaints from the public, especially regarding the governance and execution procedures that can produce an effective and efficient process. Some of the problems that will be analyzed are whether a declaration decision can be requested for execution and find out the time limit for requesting execution of the declaration decision. Furthermore, the study will explore the broader implications of these legal gaps, such as how they contribute to delays in the resolution of disputes and the challenges faced by parties seeking justice. This lack of clear regulation significantly hinders the smooth enforcement of the judicial process and contributes to unresolved legal disputes. Juridical-normative research results in finding a legal vacuum in the regulation of execution of civil procedural law in Indonesia. In this case, it’s the declaration decision that does not need to be requested for execution, if you want to execute it, you need to file a new lawsuit. However, it should be noted that there is no provision that regulates the period of time when the decision must be executed by the losing party or the time limit for the execution of the execution decision.

LEGAL PROTECTION OF CAPITAL MARKET INVESTORS IN THE EVENT OF A SUSPENSION OF STOCK TRADING ON THE INDONESIAN STOCK EXCHANGE BASED ON INDONESIAN LAW

Rafi Andriawan Zakiar — 2024-12-04

Stock investment in the capital market is a high-risk high return investment. One of the risks faced by capital market investors is the stock trading suspension sanction imposed by the IDX as experienced by capital market investors in PT HK Metals Utama (HKMU) stocks. This suspension sanction is detrimental to investors due to the suspension of HKMU stock trading. Investors should be more careful to carry out risk management by cutting losses when they see a notation that HKMU shares will be suspended. This research aims to analyze the legal consequences and legal position of investors in the event of a suspension of stock trading and to analyze the legal actions or steps that can be taken by investors to sell their shares through off-exchange transactions.This research uses a research method with a normative juridical approach that is referred to the laws and regulations in the field of capital markets and applicable legal theories. The specification of this research is descriptive analytical. The data collection techniques used by researchers in this research are in the form of literature studies by searching for data as complete as possible from secondary data derived from primary and secondary legal materials that are relevant to related cases, then analyzed qualitatively. Based on the research results, the following can be obtained. First, the legal consequences experienced by investors are that investors cannot conduct buying and selling transactions of HKMU shares on the stock exchange as stated in Article I.5. IDX Regulation regarding Securities Suspension and investors have legal standing guaranteed by Articles 28-30 of the OJK Law and legal standing to conduct transactions outside the stock exchange as stipulated in Article 6 paragraph (3) POJK regarding Securities Transactions. Second, legal actions that can be taken by investors are selling their stocks through off-exchange transactions, submitting claims to OJK to make written orders by conducting disgrogement funds, and as a last resort can file a claim or lawsuit for compensation to the emiten.

LEGAL REVIEW OF THE SUPERVISION OF THE 2024 GENERAL ELECTION CAMPAIGN THROUGH SOCIAL MEDIA

Rudyanti Dorotea Tobing — 2024-12-10

One of the campaign methods in the 2024 election is campaigning through social media. In order for the implementation of the Election Campaign to run well and in accordance with the applicable laws and regulations, it is necessary to conduct supervision. Bawaslu is tasked with supervising the implementation of election campaigns, including monitoring campaigns on social media. The purpose of this research is first to describe the 2024 General Election Campaign through social media; second, to describe the Supervision of the 2024 General Election Campaign through social media. The method of normative legal research (legalresearch) using legal materials as the main source. The results of the study show that first, The presence of social media as a tool for disseminating information aimed at the public or voters in elections is considered an effective and important step, especially in shaping opinions and setting political agendas. In Central Kalimantan Province, there are four Social Media platforms registered and used by 2024 Election participants, including Instagram, Facebook, Tiktok, and Youtube. In Central Kalimantan Province there are 86 social media platforms for political parties and legislative candidate members. Second, Bawaslu of Central Kalimantan Province has formed a team to monitor the campaign via social media accounts during the 2024 Election stages. The large number of accounts on social media is an obstacle for Bawaslu to supervise campaigns on social media. Campaigns on social media are certainly in separable from the possibility of campaign violations on social media, including hoaxs or hate speech. The Election Law has not specifically regulated the limitations/prohibitions related to campaign violations on social media.

CUSTOMARY LEGAL PROTECTION FOR THE CANCELLATION OF NGADET CEREMONY FOR DAYAK KENYAH COUPLE

Yuniarsih — 2024-11-30

This study explores the Ngadet ceremony, a traditional wedding practice of the Dayak Kenyah community in East Kalimantan, Indonesia, symbolizing the union of two families through sacred customary rituals. Governed by strict customary laws, Ngadet incorporates symbolic elements such as tajau (jars), baing (traditional beads), lekok (traditional rings), uleng udeng (headgear), gongs, iron chains, seraung (traditional hats), and pat uwai (woven mats), each carrying deep cultural significance. The study adopts a socio-legal approach, focusing on the social and legal dimensions of Ngadet, including its stages, requirements, and the legal protections afforded to parties affected by its cancellation. Primary data were obtained through a direct interview conducted via WhatsApp with Mr. Yakub Ngau, the Customary Head of the Dayak Kenyah community in Makmur Jaya Village as a key informant. He provided accurate and detailed insights into the Ngadet tradition and the sanctions imposed in cases of cancellations. The findings reveal the Ngadet ceremony of the Dayak Kenyah Lepo’ Jalan tribe comprises three stages: pre-Ngadet (Mateb), involving preparations and offerings, the ceremony with symbolic rituals like processions, dances, and sacred items, and post-Ngadet, where the couple prepares for a church wedding to validate the marriage. Customary law imposes strict sanctions, including a Rp5,000,000 fine for cancellations, protecting women and reinforcing commitment through discussions, notifications, and mediation. In conclusion, the Ngadet ceremony, embodies unity, cultural heritage, and ancestral values. Governed by strict customary laws, it reinforces commitment and protects individuals through sanctions, ensuring the preservation of tradition.

CORRUPTION OFFENSES MANAGING DIRECTOR IN MAKING BUSINESS DECISIONS

Benedictus Satrio Habonaran — 2024-12-19

Business decisions taken by the Board of Directors are solely an obligation for the Board of Directors so that SOE can grow sustainably, stably, and have high competitiveness, but an unavoidable reality is that a business entity does not only experience profits, but is also faced with phases of loss. Business decisions that have been made with full calculation and prudence are still not free from business risks that can result in the SOEs they manage experiencing losses, so that they are categorized as detrimental to state finances and lead to criminal justice processes. This study aims to (1) analyse losses in SOEs that can be qualified as state financial losses and (2) analyse what business decisions made by the President Director of SOEs are categorized as fulfilling the elements of corruption in criminal cases in the Central Jakarta District Court Decision Number 15/Pid.Sus-TKP/2019/PN.Jkt.Pst. This research uses normative juridical research methods using statute approach, conceptual approach, and case approach. The results showed that separated state assets are state assets originating from the state budget to be used as state equity participation in SOEs. State assets that become capital in the form of shares are no longer state assets. State assets in SOEs are limited to the ownership of the company's shares, so that if there is a loss in the SOE Persero, this is not a state loss, but a loss of the SOE. The business decisions made by the President Director of the SOE are categorized as fulfilling the elements of corruption due to a series of actions by Karen that do not entirely reflect the principle of prudence in making decisions, nor do they fully fulfil the elements of Article 97 paragraph (5) of the Limited Liability Company Law.

LEGAL PROTECTION OF MARRIAGE AGREEMENTS FOR HUSBAND AND WIFE

Sri Iin Hartini — 2024-12-19

A marriage agreement is made with the aim of providing legal protection for parties with good intentions from other parties with bad intentions. In addition to separating assets brought before marriage, marriage agreements made before and after marriage are basically aimed at separating assets brought and joint assets due to legal consequences that occur to their marital assets. A marriage agreement made before marriage aims to prevent problems arising regarding assets brought and joint assets so that a marriage agreement is needed as a legal basis for separating them. Meanwhile, a marriage agreement made after marriage is made with the aim of regulating the legal consequences that arise to their assets.

FREE HEALTH GUARANTEE FOR THE POOR PEOPLE POST HEALTH LAW OMNIBUS LAW

I Putu Harry Suandana Putra — 2024-11-30

The establishment of the National Social Security System is realized through Law Number 40 of 2004 concerning the National Social Security System (UU SJSN) which has a health insurance program, work accident insurance, old age insurance, pension insurance and death insurance. Health insurance as part of the social security system in Indonesia is indeed a form of social assistance program for health services for the poor and disadvantaged. This program is organized nationally to guarantee cross-subsidies in order to create comprehensive health services for the poor. The purpose of this study is to examine free health insurance for the poor after the health omnibus law related to the regulation that the central and regional governments are required to provide financial protection to the poor and disadvantaged through the health insurance program, so that they can access health services without cost barriers. The research method used is normative juridical. free health insurance for the poor after the health omnibus law in the future (establishing rights) is by creating a single institutional model in the form of an institution mandated by all people. This is important, because in this way the collection of funds will be realized quickly. A single institution in the sense of the organizer of the National Social Security System as a container or umbrella that covers program organizers, so that program implementation can be carried out by several program organizers, especially free health insurance for the poor. The single institution in question is led by a Director, under the National Social Security Council (DJSN), who is directly responsible to the President. The future model is the Free Health Insurance Agency for the Poor.

ANALYSIS OF THE REGISTRATION OF A LEGAL ENTITY NAME SUBSTANTIALLY SIMILAR TO THE REGISTERED TRADEMARK "CHANTIQUE"

Nathanael Telaumbanua — 2024-11-30

Over time, trademarks have come to play a significant role in businesses established by entrepreneurs. A trademark is defined as a graphical representation that can take the form of a logo, number, or letter. The presence of a trademark in a business provides a guarantee of quality and adds unique value that attracts consumers. However, it is not uncommon for other business actors to imitate trademarks in order to reap substantial benefits. Such actions are deemed unlawful as they harm other entrepreneurs striving to develop their businesses, thereby necessitating legal protection for the affected business actors. The type of research used is normative juridical research. Normative juridical research utilizes secondary data sources as well as legal book. The normative juridical research method is a legal research approach based on legal literature, legal books, and secondary data. Legal protection for trademarks is outlined in Law Number 20 of 2016 on Trademarks and Geographical Indications. According to this regulation, the process of registering a trademark must meet several requirements: it must possess distinctiveness, comply with statutory regulations, be publicly owned, and bear no direct relation to the goods or services being registered. These requirements must be fulfilled by entrepreneurs who wish to register their trademarks. Moreover, Indonesia adheres to a constitutive trademark registration system, where the individual with full rights to a trademark is the one who first registers it commonly referred to as the "first to file" principle. The purpose of this study is to examine the regulations and legal protections for legal entities that bear similarities to a registered trademark.

IDEAL REGULATIONS OF LAW ENFORCEMENT AGAINST MEDICAL MALPRACTICE TRADITIONAL HEALTH WORKERS

Dwi Oktareza — 2024-11-30

Traditional health services in Indonesia play an important role in maintaining public health, but the increasing cases of malpractice in this practice can endanger patient safety. The main challenges are the lack of supervision and the lack of legality that exacerbate the potential for malpractice. Therefore, strict legal protection is needed to ensure that traditional medicine is safe, effective, and meets standards, as well as to protect patients and traditional health workers. This study uses a normative legal method with a legislative, conceptual, and case study approach. Data were collected through literature studies and analyzed descriptively to understand the legal protection for patients of traditional health services. This study proposes strengthening supervision of traditional health practices through the establishment of a Traditional Health Worker Supervisory Board and non-litigation dispute resolution mechanisms such as mediation or arbitration. In addition, strict law enforcement against malpractice through administrative, civil, and criminal law will increase the accountability of traditional health workers, improve the quality of services, and provide a sense of justice for patients. Thus, it is hoped that a balance will be created between preserving tradition and effective legal protection to create a safe and fair health system in Indonesia.

THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS

Andreyan Noor — 2024-11-30

The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, including the calculation of the term of office for regional heads who do not complete their term of office. The results of this study show that the Constitutional Court emphasizes that a term of office that is served for half of the term or more is counted as one full term, both for definitive officials and temporary officials. This interpretation aims to ensure legal certainty and prevent abuse of power, by providing protection for the constitutional rights of citizens who wish to run for re-election. The Constitutional Court's decision also confirms that the norm of term limits for regional heads is in line with the principles of justice, proportionality, and legal certainty guaranteed in the 1945 Constitution. Thus, this term limit is not only served to prevent the dominance of power, but also to encourage the regeneration of healthy leadership in the Indonesian democratic system. The implications of this Constitutional Court decision are very important for the implementation of the 2024 Simultaneous Regional Head Elections, where the KPU and Bawaslu must ensure the consistent implementation of this norm, to ensure the creation of fair, transparent, and quality elections.

PROTECTION LAW TO EXPERT THE HEIRS ARE LIABLE FOR THE CLOSURE OF THE POLICY INSURANCE SOUL CREDIT WITHOUT MEDICAL CHECK UP

Alviami Ghina Asyraf — 2024-11-30

This research focuses on a normative study of the regulations for closing life insurance policies according to Indonesian laws and regulations. This is followed by an analysis of legal protection for the insured's heirs as policy holders regarding the practice of closing credit life insurance policies without medical check-ups, as well as an analysis of the Judge's considerations and decisions regarding the importance of medical check-ups before closing credit life insurance policies using Decision Number 38/Pdt .G/2023/PN Date as object of study. This research is descriptive normative legal research, with a statutory, conceptual and case approach. The data used is secondary data, which was collected using library study data collection tools using document study techniques. The data was then analyzed using qualitative data analysis methods and drawing conclusions deductively.The research concludes that the arrangements for closing life insurance policies in Indonesia are transparent and provide protection for the insured. OJK requires insurance companies to ensure prospective insureds understand the terms and risks, including the importance of health checks. Legal protection for the insured's heirs is regulated in Article 22-26 POJK No. 20/2023 concerning Insurance Linked to Credit, which highlights the importance of information transparency. If the claim is rejected due to the absence of a medical examination, the insured's heirs can file a lawsuit in District Court. Decision Number 38/Pdt.G/2023/PN Tgl emphasizes the importance of a medical examination before closing a policy, reflecting the principle of prudence and utmost good faith. This decision provides justice, certainty and benefits for policyholders by guaranteeing claim payments according to the provisions. It is recommended that there be detailed regulations regarding mandatory medical check-ups and transparency of information in credit life insurance. Insurance companies and banks must also increase the education of prospective insureds regarding the importance of medical examinations before disbursing credit.

IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT

Imelda Hasibuan — 2024-11-30

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.

SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR

Ummi Maskanah — 2024-11-30

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

LEGAL REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS

Apriliyanto Juwan Sukmana Akup — 2024-11-30

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.

PKPU AS AN ALTERNATIVE SOLUTION TO SETTLEMENT OF INDIVIDUAL DEBTORS' DEBT IN FINTECH LENDING SERVICES

Ahmad Fachri Faqi — 2024-11-30

The resolution of individual debtor debts in Fintech Lending Services has been regulated under POJK 10/2022. In addition to dispute resolution through district courts or alternative dispute resolution mechanisms, the PKPU mechanism is available to address the debt issues of individual debtors in Fintech Lending services. This study examines the resolution of individual debtor debts through the PKPU mechanism as a more equitable, expedient, and effective alternative. The research employs normative legal methods, utilizing secondary data such as legislation and relevant legal literature. Data collection is conducted through documentation and literature studies. The findings indicate that the debts of individual debtors in Fintech Lending services can be resolved through the PKPU mechanism, as such debts fall within the scope of Law No. 37/2004. However, the application of this mechanism faces challenges, such as the requirement for applications to be filed by an advocate and the condition that there must be a minimum of two creditors, which complicates matters for individual debtors. Moreover, Law No. 37/2004 has not fully protected individual debtors, as debt forgiveness or cancellation still depends on creditors' approval.

BURDEN OF PROOF IN OVERTIME WAGE CLAIMS

Nason Nadaek — 2024-11-30

Overtime wage demands occur when the company employs workers overtime, but the workers are not given overtime wages, so the workers are forced to make a report or complaint to the labor inspector, to conduct an examination as a basis for calculating and determining, because overtime wages are a right guaranteed by labor legislation. According to Prof. Dr. H.R Abdussalam, SIK, SH, MH and Adri Desasfuryanto, SH, MH, working hours are 7 (seven) hours a day and 40 (forty) hours a week and in the event that workers work beyond these working hours, then workers are entitled to overtime pay Keywords: Prosecution, imposition, evidence.