scholarly journals Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender

2021 ◽  
Vol 28 (1) ◽  
pp. 47-56
Author(s):  
Nurini Aprilianda ◽  
Ryan Ilham Fibriansyah
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Third Party ◽  
Legal Research ◽  
Secondary Victimization ◽  
The Third ◽  
Criminal Offender ◽  
Victim Protection ◽  
The Third Party ◽  
The Government

Crime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice.

scholarly journals Third Parties’ Legal Protection over Agreed Authorized Capital Amount by Founders in Limited Liability Companies

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Xavier Nugraha ◽  
Krisna Murti ◽  
Saraswati Putri
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Limited Liability ◽  
Third Parties ◽  
Third Party ◽  
Limited Liability Company ◽  
The Third ◽  
Ease Of Doing Business ◽  
The Government ◽  
Authorized Capital

On July 14, 2016, the Government enacted the Government Regulation Number 29 of 2016 regarding Amendments in Authorized Capital of a Limited Liability Company (LLC). Article 1 paragraph (3) of the regulation showed that the amount of authorized capital was submitted to the agreement of the LLC founders. This regulation was issued in order to increase Indonesia’s ‘ease of doing business’ rank, especially in ‘starting a business.’ This article aims to examine the legal protection for the third party over the amount of authorized capital based on the agreement of the LLC founders using the study of dogmatic law. Regulations referenced are Law Number 40 of 2007 regarding Limited Liability Companies and Government Regulation Number 29 of 2016 regarding Amendments in Authorized Capital of LLC. Based on the results of this study, it was found that the determination of authorized capital based on the agreement of LLC founders has neglected the protection of the third parties. This manifested particularly in protecting minority investors and resolving insolvency. Through the enactment of authorized capital based on the agreement of the founders, the mechanism of preventive and repressive legal protection to the third parties are assumed to be eliminated. Keywords: The Authorized Capital, Limited Liability Company, Agreement, Legal Protection.

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

scholarly journals Tinjauan Yuridis terhadap Penggunaan Jasa Pihak Ketiga (Debt Collector) dalam Menagih Kredit Bermasalah pada PT Adira Dinamika Multifinance TBK

2021 ◽  
Vol 2 (2) ◽  
pp. 337-342
Author(s):  
Kasirinus Jee Lua ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Third Party ◽  
Legal Research ◽  
Service Company ◽  
The Third ◽  
Finance Company ◽  
The Law ◽  
The Third Party ◽  
Business Financing ◽  
Recording Techniques

The use of third party services by financing company PT Adira Dinamika Multifinance through a third party Service Company (debt couecton to perform a collection function for consumers or debtors who are difficult to collect by being declared in default. Regulations for the use of third party services by financing companies are regulated in POJK No. /POJK.05/2018 concerning the Implementation of Business Financing Companies, where financing companies can collaborate with other parties (third party services) with the aim of collecting non-performing loans., The consequences of collaboration between third party services and financing companies to collect non-performing loans that the finance company is fully responsible for the cooperation carried out if there is an act that violates the law in accordance with POJK Number 35 / POJK.05 / 2018. However, if the financing company has carried out the prescribed procedure and the third party service continues to commit acts against the law, then the liability will be borne by the third party's services in order to collect non-performing loans. This research uses normative legal research. The technique of collecting legal materials in this study is to collect from literature studies using documentary / recording techniques obtained related to primary, secondary, and tertiary legal materials

scholarly journals TANGGUNG JAWAB NEGARA TERHADAP ANAK JALANAN PADA BIDANG PENDIDIKAN

2017 ◽  
Vol 10 (1) ◽  
pp. 68-88
Author(s):  
Andi Muhammad Sofyan ◽  
Andi Tenripadang
Keyword(s):  
Municipal Government ◽  
Provincial Government ◽  
City Government ◽  
Third Party ◽  
Right To Education ◽  
The Third ◽  
Government District ◽  
The Third Party ◽  
The Government ◽  
The Right

The responsibility of protecting the right to education of street children that the responsibility of the government, the provincial government, the district/ city government, and the obligations of parents of guardians, parents, families, and communities and countries. The management of education shall be the responsibility of the government and shall be responsible for any loss incurred on the fautes personalles (ie the loss to the third party charged to the officer, the fautes the services of the third party) shall be borne by the agency and the responsibility of the facility. The responsibility for the protection of street children's right to education should be given responsibility to the state through the government, provincial government, district/ municipal government by involving the community and the institution whose management is regulated and adapted to the ideals of the country and the conditions of each community in the region

scholarly journals Peran LSM Dalam Resolusi Konflik Tapal Batas Antara Nagari Sumpur Dengan Nagari Bungo Tanjuang, Kabupaten Tanah Datar

2015 ◽  
Vol 4 (2) ◽  
pp. 123-134
Author(s):  
Sri Rahmadani
Keyword(s):  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Third Party ◽  
The Government

The Third parties in the resolution of conflictwas expected to change the behavior of the parties in conflict, even pushed the parties toward an agreement to end the conflict. NGO as the third party is seen independent and can be fair in the resolution of conflict, can do some attempts to encourage the parties in conflict toward an agreement.One example of conflict involving NGO in an effort to resolve the boundary conflicts between Nagari Sumpur and Nagari Bungo Tanjuang, regency of Tanah Datar. Assignment NGO as mediator in resolution of conflict after several attempts taken by the government. This article explained the various efforts and achievement has done by NGO as mediator resolution of conflict both nagari until the formation of representative group become key success in mediation. In addition in this article is also explained the reason NGO that has not been able to achieve an aggrement in resolution of conflict both nagari.Pihak ketiga dalam resolusi konflik diharapkan dapat merubah perilaku para pihak yang berkonflik, bahkan mendorong para pihak menuju kesepakatan untuk mengakhiri konflik. LSM sebagai pihak ketiga dipandang independen dan dapat bersikap adil dalam resolusi konflik, dapat melakukan beberapa upaya untuk mendorong pihak yang berkonflik menuju kesepakatan. Salah satu contoh konflik yang melibatkan LSM dalam penyelesaiannya adalah konflik tapal batas antara Nagari Sumpur dengan Nagari Bungo Tanjuang, Kabupaten Tanah Datar. Penunjukan LSM sebagai mediator dalam penyelesaian konflik setelah beberapa upaya yang ditempuh oleh beberapa pihak dari pemerintahan. Tulisan ini memaparkan berbagai upaya dan pencapaian yang telah dilakukan LSM sebagai mediator penyelesaian konflik kedua nagari hingga terbentuknya perwakilan kelompok yang menjadi kunci keberhasilan dalam mediasi. Selain itu dalam tulisan ini juga memaparkan alasan LSM yang belum mampu mencapai kesepakatan dalam penyelesaian konflik kedua nagari.

scholarly journals MANDATORY LICENSE LICENSE AS ONE OF THE OBJECTIVES OF LIMITATION OF PATENT EXCLUSIVE RIGHTS

2018 ◽  
Author(s):  
Devi cantika
Keyword(s):  
Third Party ◽  
Patent Holder ◽  
Legal Entity ◽  
The Third ◽  
Patent Rights ◽  
The Law ◽  
The Third Party ◽  
The Government

A patent is a special right granted based on the law by the government to a person or legal entity that has an invention in the field of technology. Patents as ownership regimes with exclusive rights are not limitless. Countries may regulate exceptions to the exclusive rights covered by the patent. Provided that the exception is not without legitimate reasons contrary to the normal exploitation of the patent and does not harm the reasonable interests of the Patent Holder, and continues to take into account the interests of the third party. One form of limiting exclusive patent rights is the rule regarding compulsory license.Keywords: patents, exclusive rights, compulsory licenses

PERLINDUNGAN HUKUM PIHAK KETIGA YANG MENERUSKAN KREDIT DEBITUR PERUMAHAN PADA BANK BERDASARKAN AKTA KUASA NOTARIS

2019 ◽  
Vol 7 (2) ◽  
pp. 199
Author(s):  
Earline Gracella Hartono Putri ◽  
Arief Suryono
Keyword(s):  
Legal Protection ◽  
Research Data ◽  
Third Party ◽  
Legal Rights ◽  
Power Of Attorney ◽  
Literature Study ◽  
Legal Research ◽  
The Third ◽  
Deductive Method ◽  
Research Show

<p>Abstract<br />This article discusses and examines the problems regarding legal protection for parties who are provided with a credit document accompanied  by a notary’s power deed in forwarding the credit of the housing debtor. This research includes prescriptive doctrinal legal research. Data collection obtained by using literature study and technical analysis obtained by using deductive method. The results of the research show that the third party as the recipient of power based on the deed of power of attorney can be guaranteed legal rights. The power of attorney deed made by notary is an authentic deed that has strong legal force and as a perfect proof that binds the parties as long as it is made to fulfill the legal requirements of the agreement, therefore the power deed held by recipient of power of attorney can be used as a basis for acting and taking ownership certificates at the bank when completing credit.<br />Keyword: legal protection; proxy; power of attorney; authentic deed</p><p>Abstrak<br />Penulisan artikel ini membahas dan mengkaji permasalahan mengenai perlindungan hukum bagi pihak yang dibekali dokumen kredit disertai akta kuasa notaris dalam meneruskan kredit debitur perumahan pada bank. Penelitian ini merupakan penelitian hukum normatif bersifat preskriptif. Teknik pengumpulan data menggunakan studi kepustakaan dan teknik analisis menggunakan metode deduktif. Hasil penelitian menunjukkan bahwa pihak ketiga selaku penerima kuasa berdasarkan akta surat kuasa dapat terjamin haknya secara hukum. Akta surat kuasa yang dibuat oleh notaris ialah akta otentik yang memiliki kekuatan hukum kuat dan sebagai alat bukti yang sempurna yang mengikat para pihak sepanjang dibuat dengan memenuhi syarat sah perjanjian, maka dari itu akta kuasa yang dipegang oleh penerima kuasa ini dapat digunakan sebagai dasar bertindak dan pengambilan sertifikat kepemilikan pada bank saat penyelesaian kredit.</p><p>Kata Kunci: Perlindungan hukum; penerima kuasa; surat kuasa; akta otentik</p>

scholarly journals The Costs of Conscience

2018 ◽  
Author(s):  
Micah Schwartzman ◽  
Nelson Tebbe ◽  
Richard Schragger
Keyword(s):  
Religious Freedom ◽  
Third Parties ◽  
Fundamental Rights ◽  
Third Party ◽  
Constitutional Rights ◽  
Freedom Of Conscience ◽  
The Third ◽  
The Third Party ◽  
The Government ◽  
Normative Foundations

AbstractWhen the government enacts laws or regulations that accommodate religious believers, it may not impose significant costs on identifiable third parties. This is sometimes called the third-party harm doctrine. Critics of this doctrine have raised a diversity of objections to it. They have argued that it (1) lacks normative foundations, (2) is not grounded in constitutional sources, (3) assumes an incorrect baseline for determining when third parties are harmed, and (4) cannot be applied without eliminating all, or nearly all, religious accommodations. Critics have also argued (5) that the doctrine does not apply when the government provides legal exemptions for both religious and secular claims of conscience, and (6) that religious freedom is like other fundamental rights that impose harms on others. We argue that none of these objections is persuasive. Responding to them provides an opportunity to develop the third-party harm doctrine in ways that illuminate the limits of religious liberty, freedom of conscience, and other constitutional rights.

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