scholarly journals Perlindungan Hukum terhadap Nasabah dalam Penundaan Kredit Terdampak Covid 19

2021 ◽  
Vol 2 (3) ◽  
pp. 547-552
Author(s):  
Sang Nyoman Angga Diputra ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Legal Protection ◽  
Credit System ◽  
Legal Research ◽  
Financial Policies ◽  
National Economic ◽  
Circular Letter ◽  
Economic Stimulus ◽  
Credit Financing ◽  
The Impact

Humans as social beings who live side by side and have various needs that must be met in order to survive. In meeting these needs. Indonesia often makes payments with a credit system. Credit is a breakthrough that really helps the community. However, with the Covid-19 Pandemic) hitting various businesses and credit financing customers due to lack of income. This study aims to examine the legal arrangements for credit delays for customers affected by COVID-19 in Indonesia and explain legal protection for customers affected by COVID-19 in Indonesia. The type of research applied in this research is normative legal research, with a statutory approach and a concept approach. In general, the regulation of credit delays for customers affected by COVID-19 is regulated in POJ K Number II POJK.03 2020 regarding the national economic stimulus as a counter-helical policy for the impact of the 2019 coronavirus disease. There are two legal protections, namely preventive legal protection by issuing PERPU Number I of 2020 concerning state financial policies and stability for handling the coronavirus disease 19 pandemic, and repressive legal protection based on Bank Indonesia Circular Letter No. 26/4/BPPP which in principle regulates the rescue of non-performing loans through rescheduling, reconditioning, restructuring

scholarly journals PERLINDUNGAN HUKUM BAGI TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI AKIBAT NASIONALISASI NV DELI MAATSCHAPPIJ [Legal Protection of the Communal Land Rights of the Deli Sultanate due to the Nationalization of NV Deli Maatschaapij]

Law Review ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 46
Author(s):  
Jeremy Aidianto Naibaho ◽  
Bambang Daru Nugroho ◽  
Yusuf Saepul Zamil
Keyword(s):  
Indigenous Peoples ◽  
Legal Protection ◽  
Land Rights ◽  
Library Research ◽  
National Economic ◽  
Communal Land ◽  
The Government ◽  
Plantation Company ◽  
Customary Land ◽  
The Impact

<p><em><span class="fontstyle0"><strong>Abstract</strong><br /></span></em></p><p><em><span class="fontstyle1">Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain  settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach).<br /></span></em></p><p><span class="fontstyle0"><strong><em>Keywords: Nationalization, Communal Land, Compensation</em></strong><br /></span></p><p><span class="fontstyle3"><br /></span></p><p><span class="fontstyle3"><strong>Abstrak</strong><br /></span></p><p><span class="fontstyle4">Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli </span><span class="fontstyle1">Maatschappij </span><span class="fontstyle4">adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan<br />konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (</span><em><span class="fontstyle1">library research</span></em><span class="fontstyle4">) dengan pendekatan undang-undang (</span><em><span class="fontstyle1">statue approach</span></em><span class="fontstyle4">). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas<br />nasionalisasi.<br /></span></p><p><strong><span class="fontstyle3">Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi</span> </strong></p>

scholarly journals Parametric Conditions of High Financial Risk in the SME Sector

Risks ◽  
2019 ◽  
Vol 7 (3) ◽  
pp. 84 ◽  
Author(s):  
Ślusarczyk ◽  
Grondys
Keyword(s):  
Low Income ◽  
Financial Risk ◽  
Small And Medium Enterprises ◽  
Small Enterprises ◽  
Continuous Variables ◽  
National Economic ◽  
Credit Financing ◽  
High Level ◽  
Medium Enterprises ◽  
The Impact

The sector of SME is the major force for the national economic and social development. Financial risk is one of the key threats to the activity of small and medium enterprises. The most common manifestation of the financial risk of SMEs is difficulty in financing the business and lack of funds for development. Banks are unwilling to grant loans to such companies. Moreover, it is the rising operating costs that cause shrinking profits, which may result in corporate debt, difficulty in debt repayment, and consequently, high financial risk of these entities. Numerous differences in conducting the activity of small and large enterprises intensify this risk and mean that the model of credit financing for companies is not adjusted to the capabilities and principles of the operation of small enterprises. Therefore, risk management is one of the most important internal processes in small and medium enterprises. The identification of factors that affect the level of financial risk in these entities is therefore crucial. The main objective of this research was to analyze the impact of selected parametric characteristics of the SME sector on the intensity of financial risk they take. This objective was accomplished on the basis of the survey with the participation of Polish SMEs. In order to test the adopted research assumptions, the linear regression model was used with four continuous variables for each type of the identified financial risk. Based on the final research results, the logit model was obtained for the risk of insufficient profits. It was indicated that both the internationalization of the company and the ability to manage risk are the only factors that affect a high level of risk of low income. The article ends with the discussion and the comparison with some previous research in this area.

scholarly journals LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION

2020 ◽  
Vol 7 (3) ◽  
pp. 211
Author(s):  
Haingo Rabarijaona ◽  
Devina Arifani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Employment Relationship ◽  
Legal Research ◽  
Severance Pay ◽  
Legal Norms ◽  
Technological Advances ◽  
The Law ◽  
The Impact ◽  
Modern Era

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.

scholarly journals HUBUNGAN RESTRUKTURISASI PERJANJIAN PEMBIAYAAN KONSUMEN SEPEDA MOTOR DENGAN POJK NO.11/POJK.03/2020 TENTANG STIMULUS PEREKONOMIAN NASIONAL

2021 ◽  
Vol 5 (1) ◽  
pp. 104
Author(s):  
Aceng Asnawi Rohani ◽  
Anne Gunawati ◽  
Agus Prihartono PS
Keyword(s):  
Interest Rates ◽  
Financial Services ◽  
The Public ◽  
Corona Virus ◽  
National Economic ◽  
Economic Stimulus ◽  
The Government ◽  
The Impact

The government enforces various kinds of regulations in providing protection to the public, one of which is through the Financial Services Authority (OJK) by issuing POJK Number 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Coronavirus Disease 2019. This regulates the implementation of the relaxation policy. against debtors affected by the new Corona Virus or Covid-19 outbreak. The restructuring carried out by the financing institution is carried out in accordance with the guidelines issued by the OJK based on POJK Number 11 / POJK.03 / 2020. However, the implementation is left to the policies of each financing institution, the relief scheme may vary, among others, in the form of lowering interest rates, adjusting principal or interest installments, extension of time or other matters determined by the bank or financing institution. This regulation does not regulate sanctions against banks / financing companies that do not provide restructuring / relaxation programs for debtor customers, because they are not coercive, the language used in this POJK is "can" not "must".

scholarly journals Community Rights Facing Criminal Law in a Human Rights Perspective

2020 ◽  
Vol 1 (2) ◽  
pp. 113-119
Author(s):  
Harisman Harisman
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Dignity ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Assistance ◽  
Legal Research ◽  
Community Rights ◽  
The Impact

Legal protection is one form of human rights that must be obtained by everyone, especially with regard to the application of criminal law that can have the impact of violations and restrictions on the freedom of others as a form of human rights. It is not uncommon for people's rights to be questioned or even contested when dealing with criminal law. To answer this problem, a study was conducted using the legal research method through a normative jurudical approach which was intended to collect secondary data obtained from the literature in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were analyzed qualitatively descriptive. Based on the analysis conducted, it is clearly seen that people's rights in criminal law are part of human rights that must get respect and protection in order to maintain human dignity through efforts that include: equality before the law, presumption of innocent, non-retroactive and legal assistance, and not tortured, punishment or cruel, inhumane treatment, degrading human dignity and dignity, and not treated arbitrarily.

scholarly journals Banking credit restructuring policy amid COVID-19 pandemic in Indonesia

2020 ◽  
Vol 5 (02) ◽  
Author(s):  
Hari Sutra Disemadi ◽  
Ali Ismail Shaleh
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Secondary Data ◽  
Current Policy ◽  
Economic Stability ◽  
Legal Research ◽  
National Economic ◽  
The Impact ◽  
Banking Credit

In Indonesia, the spread of Coronavirus Disease 2019 (COVID-19) affects economic stability. The problem faced by Indonesia today is that the performance and capacity of debtors in carrying out their credit obligations have been disrupted by the spread of COVID-19, which has the potential to disrupt banking performance in credit management. Encouraging the optimization of the banking intermediary function a policy is needed in tackling the impact of the spread of COVID-19. The research method used is a normative legal research method using secondary data. The results of this study indicate that policy settings in overcoming economic instability due to the spread of COVID-19 are the issuance of policies to provide national economic stimulus through the application of Financial Services Authority Regulation No. 11/POJK.03/2020. This policy regulates the existence of credit restructuring, namely the quality of restructured loans can be determined smoothly if given to debtors identified as being affected by the spread of COVID-19. The implementation of the restructuring scheme can vary and is determined by the policies of each bank depending on the assessment of the debtor's profile and capacity to pay. We emphasize that amid uncertainty, such as the current policy will be truly useful if each party takes the process carefully and responsibly.

scholarly journals Indonesian Labor Sector During Covid-19 : Weighing the Impact of Company Saving Policy and Workers Protection

2020 ◽  
Vol 9 (4) ◽  
pp. 684
Author(s):  
Kadek Agus Sudiarawan ◽  
Putu Devi Yustisia Utami ◽  
Gede Agus Angga Saputra ◽  
Alia Yofira Karunian
Keyword(s):  
Global Economy ◽  
Legal Protection ◽  
Temporary Workers ◽  
Work Relations ◽  
Work From Home ◽  
Employment Termination ◽  
Policy Models ◽  
Circular Letter ◽  
Legal Concepts ◽  
The Impact

The COVID-19 pandemic has a very significant impact on the global economy, especially in the business sector, which has suffered significant losses. On this matter it is deemed necessary to carry out research with the objectives first, to determine whether the policies implemented by companies in the form of employment termination and temporary workers layoff in order to survive the company can be legally justified, second, to determine what forms of legal protection should be obtained by workers in an industrial relationship with companies amidst of COVID-19, and third, to determine what forms of work relations/alternative policy models that can be offered to companies to be able to ease the burden on the company while being able to provide protection for workers amidst COVID-19. Research method that is applied is normative legal research with a statutory approach and legal concepts. The results show that company policies in the form of layoffs during the COVID-19 pandemic can be justified as long as they comply with the provisions of Article 163 to Article 165 of the Manpower Law, the act of laying off workers can be justified as long as it complies the provisions of the Minister of Manpower Circular Letter Number 5/1998 and Minister of Manpower Circular Letter Number 907/2004. Legal protection that shall be obtained if a worker is laid off must comply with the provisions of Article 156 of the Manpower Law. Companies can implement an industrial relationship by implementing Work From Home (WFH) during the COVID-19 pandemic.

Safe development of business and national economy in the face of a pandemic and global recession

2020 ◽  
Vol 16 (6) ◽  
pp. 1182-1198
Author(s):  
I.V. Vyakina
Keyword(s):  
Economic Security ◽  
Global Recession ◽  
Graphical Visualization ◽  
National Economic ◽  
Business Support ◽  
The Face ◽  
The Russian Federation ◽  
Business Entities ◽  
Visualization Techniques ◽  
The Impact

Subject. This article deals with the issues related to the national economic security of the State in today's conditions. Objectives. The article aims to develop a set of special measures for additional business support to reduce the impact of restrictions imposed against the background of quarantine and the pandemic spread, and which would help prevent collapse of business entities. Methods. For the study, I used the methods of theoretical, systems, logical, and comparative analyses, and tabular and graphical visualization techniques. Results. The article proposes possible measures to support business aimed at reducing the costs of business entities due to the restrictions caused by the pandemic, that complement and explain the activities proposed by the President and Government of the Russian Federation, taking into account the regional and municipal levels. Conclusions. The uncertain current situation requires constant adjustment and adaptation of public policy in accordance with specific circumstances. Ensuring the country's economic security and sustainability associates with creation of a business organization system that connects public administration tools and business support and development opportunities under the changed environment.

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>

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