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Research paper thumbnail of Legality of Marine Cargo Insurance Claim With Different Sailing Date on Policy (Analysis of Decisions Number 589/PDT.G/2012/PN.JKT.SEL)

Yuridika, Aug 31, 2023

Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that ... more Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.

Research paper thumbnail of Penerapan Prinsip Vicarious Liability dalam Pertanggungjawaban Perseroan Terbatas

Notaire, Oct 31, 2022

A limited liability company is a legal subject capable of being responsible for the risks in carr... more A limited liability company is a legal subject capable of being responsible for the risks in carrying out its business. The principle of vicarious liability is the basis of a person's responsibility for acts against the law of others. One of these principles is applied in the employer's responsibility to his subordinates. This research is a legal research that uses a statutory approach, a conceptual approach, and a case approach. This study aims to analyze the legal relationship between a limited liability company and an employee related to the principle of vicarious liability and the liability of a limited liability company in the consideration of the panel of judges. The results of this study indicate that a limited liability company is able to act as an employer and hiring employees. According to the principle of vicarious liability, the company will be responsible if an employee causes a loss during the performance of their duties. The panel of judges recognizes the principle of vicarious liability as the basis for corporate liability. There is a lot of diversity in the implementation of these principles. However, the important elements of the principle of vicarious liability are still reflected in the considerations of the panel of judges.

Research paper thumbnail of Consumer Protection on Pre – Project Selling Apartment in Indonesia to Avoid Fraud

PalArch's Journal of Archaeology of Egypt / Egyptology, Dec 22, 2020

Research paper thumbnail of The Challenges on Beneficial Ownership Disclosure in Indonesia: A Study of the Enactment of Presidential Regulation No. 13 of 2018 on the Application of Know-Your-Beneficial-Ownership Principles by Corporations for the Prevention and Eradication of Money Laundering and Terrorism Financing

Proceedings of the International Law Conference, 2018

Research paper thumbnail of Legal Protection for Consumers in Equity-Based Crowdfunding Activities in Indonesia

PalArch's Journal of Archaeology of Egypt / Egyptology, Dec 22, 2020

Research paper thumbnail of Risk Mitigation of Cattle Livestock in Indonesia: Problematic in Insurance Scheme

Research paper thumbnail of Justice principles for start-up business in Indonesia

Research paper thumbnail of Kedudukan Yayasan Yang Belum Disesuaikan Dengan Undang-Undang Yayasan Setelah Jangka Waktu Berakhir

Notaire, 2018

Undang-Undang Nomor 28 tahun 2004 tentang Perubahan Atas Undang-Undang Nomor 16 tahun 2001 tentan... more Undang-Undang Nomor 28 tahun 2004 tentang Perubahan Atas Undang-Undang Nomor 16 tahun 2001 tentang Yayasan mengatur mengenai penyesuaian anggaran dasar bagi yayasan yang telah lahir sebelum berlakunya Undang-Undang Yayasan. Penyesuaian dilakukan dalam jangka waktu yang telah diberikan oleh Undang-Undang Yayasan dengan tujuan agar yayasan tersebut tetap mendapatkan status badan hukum. Namun terhadap yayasan yang tidak melakukan penyesuaian anggaran dasar tersebut akan berdampak pada keabsahan perbuatan hukum yang dilakukan oleh yayasan dan kewenangan terhadap pertanggungjawaban atas perbuatan hukum yang dilakukan. Tujuan penelitian ini untuk menganalisa status hukum yayasan yang hingga jangka waktu berakhir belum melakukan penyesuaian Anggaran Dasar dengan Undang-Undang Yayasan, serta mengenai keabsahan tindakan hukum yang dilakukan yayasan apabila yayasan tersebut belum menyesuaikandengan Undang-Undang Yayasan. Penelitian ini menggunakan tipe penelitian hukum denganmenggunakan pende...

Research paper thumbnail of Implementasi Prinsip Transparansi Melalui Peraturan Presiden No. 26 Tahun 2010 Pada Industri Ekstraktif

Yuridika, 2010

Ekstraktive Industry is a major industry that support Indonesia’s national income. The monitoring... more Ekstraktive Industry is a major industry that support Indonesia’s national income. The monitoring system of ekstraktive industry should be based on good corporate governance and transparency principle. This is due to the regulation of mining law and the Investment Law in Indonesia. This Principle encourage Indonesia to be one of EITI members, through its participation in this organization, ekstraktive Industry in Indonesia were expected to maintain Indonesian welfare, as says in the constitution.Keywords : Ekstraktive Industry, good corporate governance and transparency principle.

Research paper thumbnail of Justice principles for start-up business in Indonesia

Research paper thumbnail of The Role of Insurance in Anticipating the Risk of Default in Peer to Peer (P2P) Lending Scheme

Airlangga Journal of Innovation Management

The presence of fintech in Indonesia is said as an answer of people needs about the ease on trans... more The presence of fintech in Indonesia is said as an answer of people needs about the ease on transaction and financing in business activity. According to Article 3 of POJK No.77 of 2016 concerning Information Technology-Based Money Lending Services, it is explained that Information Technologybased Money Lending Service is the implementation of financial services to bring lenders together with borrowers in order to make loan agreements in rupiah currency directly through electronic systems using internet networks commonly referred to as Peer to Peer (P2P) Lending. Commonly when the default in P2P Lending exist, the role of insurance is to mitigate the risk in order to support lender protection. This study reviewed the risk of default in P2P lending schemes, within discussion of insurance role in doing mitigation of default risk in P2P lending. This legal research uses normative juridical research method with statute approach and conceptual approach. The study result explain that P2P Lending is a form of investment, in which every investment must have a risk, and this risk is directly proportional to the high risk high return. Default or often referred to as non-performing loan (NPL) is a situation where borrowers are late to return principal of the loan more than 90 days from maturity time, therefore risk mitigation is important. The purpose of insurance scheme in P2P Lending fintech services is an effort to overcome losses suffered by lenders.

Research paper thumbnail of Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective)

The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech i... more The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, con...

Research paper thumbnail of Cross Border Cartel in International Trade: An Indonesia Case Study

Proceedings of the International Law Conference

Research paper thumbnail of Data Protection in Financial Technology Services: Indonesian Legal Perspective

IOP Conference Series: Earth and Environmental Science

The banking sector has facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech ... more The banking sector has facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies that use new technology and innovation with available resources in order to compete in the marketplace of traditional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed in the past 3 years. Fin-tech is facing a new challenge as a new service for financial consumer which adapts new way of living in modern digital technology era. Basically, Fin-tech is offering three main categories such as payment, personal finance and financing. In financing application there are peer to peer financing, social crowd funding and also loan marketplace. All of this kind application has some issues in legal framework and data protection due to the using of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, connected objects etc. The using of big data and those new technologies have created new opportunities for these sectors, these developments also raise significant data protection concerns. This paper will discuss two legal issues of Fin-tech, the legal aspect and the data protection

Research paper thumbnail of Implementation of the Best Interests of the Child Principles in Intercountry Adoption in Indonesia

Yuridika

Adoption of Indonesian children by foreigner is a form of intercountry adoption. In Indonesia suc... more Adoption of Indonesian children by foreigner is a form of intercountry adoption. In Indonesia such adoption is not prohibited but conditions are more difficult because it is a last effort or ultimum remedium for the best interests of the child. Therefore petition for intercountry adoption throught the court, its decision in the form of a court decision, because the proof as the same as the evidence in civil suit.This is defferent from the petition of national adoption.This paper discusses the implementation of the best interest of child’s principle in Indonesia and how to conduct intercountry adoption in Indonesia in order to avoid any attempts of illegal adoption. This paper concludes that the Indonesian Government has issued a number of laws and regulations govern the intercountry adoption. These laws require implying the principle of the best interest of children in order to protect the interest of children who is adopted by foreigner. In order to undertake the adoption, the cour...

Research paper thumbnail of Legality of Marine Cargo Insurance Claim With Different Sailing Date on Policy (Analysis of Decisions Number 589/PDT.G/2012/PN.JKT.SEL)

Yuridika, Aug 31, 2023

Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that ... more Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.

Research paper thumbnail of Penerapan Prinsip Vicarious Liability dalam Pertanggungjawaban Perseroan Terbatas

Notaire, Oct 31, 2022

A limited liability company is a legal subject capable of being responsible for the risks in carr... more A limited liability company is a legal subject capable of being responsible for the risks in carrying out its business. The principle of vicarious liability is the basis of a person's responsibility for acts against the law of others. One of these principles is applied in the employer's responsibility to his subordinates. This research is a legal research that uses a statutory approach, a conceptual approach, and a case approach. This study aims to analyze the legal relationship between a limited liability company and an employee related to the principle of vicarious liability and the liability of a limited liability company in the consideration of the panel of judges. The results of this study indicate that a limited liability company is able to act as an employer and hiring employees. According to the principle of vicarious liability, the company will be responsible if an employee causes a loss during the performance of their duties. The panel of judges recognizes the principle of vicarious liability as the basis for corporate liability. There is a lot of diversity in the implementation of these principles. However, the important elements of the principle of vicarious liability are still reflected in the considerations of the panel of judges.

Research paper thumbnail of Consumer Protection on Pre – Project Selling Apartment in Indonesia to Avoid Fraud

PalArch's Journal of Archaeology of Egypt / Egyptology, Dec 22, 2020

Research paper thumbnail of The Challenges on Beneficial Ownership Disclosure in Indonesia: A Study of the Enactment of Presidential Regulation No. 13 of 2018 on the Application of Know-Your-Beneficial-Ownership Principles by Corporations for the Prevention and Eradication of Money Laundering and Terrorism Financing

Proceedings of the International Law Conference, 2018

Research paper thumbnail of Legal Protection for Consumers in Equity-Based Crowdfunding Activities in Indonesia

PalArch's Journal of Archaeology of Egypt / Egyptology, Dec 22, 2020

Research paper thumbnail of Risk Mitigation of Cattle Livestock in Indonesia: Problematic in Insurance Scheme

Research paper thumbnail of Justice principles for start-up business in Indonesia

Research paper thumbnail of Kedudukan Yayasan Yang Belum Disesuaikan Dengan Undang-Undang Yayasan Setelah Jangka Waktu Berakhir

Notaire, 2018

Undang-Undang Nomor 28 tahun 2004 tentang Perubahan Atas Undang-Undang Nomor 16 tahun 2001 tentan... more Undang-Undang Nomor 28 tahun 2004 tentang Perubahan Atas Undang-Undang Nomor 16 tahun 2001 tentang Yayasan mengatur mengenai penyesuaian anggaran dasar bagi yayasan yang telah lahir sebelum berlakunya Undang-Undang Yayasan. Penyesuaian dilakukan dalam jangka waktu yang telah diberikan oleh Undang-Undang Yayasan dengan tujuan agar yayasan tersebut tetap mendapatkan status badan hukum. Namun terhadap yayasan yang tidak melakukan penyesuaian anggaran dasar tersebut akan berdampak pada keabsahan perbuatan hukum yang dilakukan oleh yayasan dan kewenangan terhadap pertanggungjawaban atas perbuatan hukum yang dilakukan. Tujuan penelitian ini untuk menganalisa status hukum yayasan yang hingga jangka waktu berakhir belum melakukan penyesuaian Anggaran Dasar dengan Undang-Undang Yayasan, serta mengenai keabsahan tindakan hukum yang dilakukan yayasan apabila yayasan tersebut belum menyesuaikandengan Undang-Undang Yayasan. Penelitian ini menggunakan tipe penelitian hukum denganmenggunakan pende...

Research paper thumbnail of Implementasi Prinsip Transparansi Melalui Peraturan Presiden No. 26 Tahun 2010 Pada Industri Ekstraktif

Yuridika, 2010

Ekstraktive Industry is a major industry that support Indonesia’s national income. The monitoring... more Ekstraktive Industry is a major industry that support Indonesia’s national income. The monitoring system of ekstraktive industry should be based on good corporate governance and transparency principle. This is due to the regulation of mining law and the Investment Law in Indonesia. This Principle encourage Indonesia to be one of EITI members, through its participation in this organization, ekstraktive Industry in Indonesia were expected to maintain Indonesian welfare, as says in the constitution.Keywords : Ekstraktive Industry, good corporate governance and transparency principle.

Research paper thumbnail of Justice principles for start-up business in Indonesia

Research paper thumbnail of The Role of Insurance in Anticipating the Risk of Default in Peer to Peer (P2P) Lending Scheme

Airlangga Journal of Innovation Management

The presence of fintech in Indonesia is said as an answer of people needs about the ease on trans... more The presence of fintech in Indonesia is said as an answer of people needs about the ease on transaction and financing in business activity. According to Article 3 of POJK No.77 of 2016 concerning Information Technology-Based Money Lending Services, it is explained that Information Technologybased Money Lending Service is the implementation of financial services to bring lenders together with borrowers in order to make loan agreements in rupiah currency directly through electronic systems using internet networks commonly referred to as Peer to Peer (P2P) Lending. Commonly when the default in P2P Lending exist, the role of insurance is to mitigate the risk in order to support lender protection. This study reviewed the risk of default in P2P lending schemes, within discussion of insurance role in doing mitigation of default risk in P2P lending. This legal research uses normative juridical research method with statute approach and conceptual approach. The study result explain that P2P Lending is a form of investment, in which every investment must have a risk, and this risk is directly proportional to the high risk high return. Default or often referred to as non-performing loan (NPL) is a situation where borrowers are late to return principal of the loan more than 90 days from maturity time, therefore risk mitigation is important. The purpose of insurance scheme in P2P Lending fintech services is an effort to overcome losses suffered by lenders.

Research paper thumbnail of Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective)

The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech i... more The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, con...

Research paper thumbnail of Cross Border Cartel in International Trade: An Indonesia Case Study

Proceedings of the International Law Conference

Research paper thumbnail of Data Protection in Financial Technology Services: Indonesian Legal Perspective

IOP Conference Series: Earth and Environmental Science

The banking sector has facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech ... more The banking sector has facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies that use new technology and innovation with available resources in order to compete in the marketplace of traditional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed in the past 3 years. Fin-tech is facing a new challenge as a new service for financial consumer which adapts new way of living in modern digital technology era. Basically, Fin-tech is offering three main categories such as payment, personal finance and financing. In financing application there are peer to peer financing, social crowd funding and also loan marketplace. All of this kind application has some issues in legal framework and data protection due to the using of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, connected objects etc. The using of big data and those new technologies have created new opportunities for these sectors, these developments also raise significant data protection concerns. This paper will discuss two legal issues of Fin-tech, the legal aspect and the data protection

Research paper thumbnail of Implementation of the Best Interests of the Child Principles in Intercountry Adoption in Indonesia

Yuridika

Adoption of Indonesian children by foreigner is a form of intercountry adoption. In Indonesia suc... more Adoption of Indonesian children by foreigner is a form of intercountry adoption. In Indonesia such adoption is not prohibited but conditions are more difficult because it is a last effort or ultimum remedium for the best interests of the child. Therefore petition for intercountry adoption throught the court, its decision in the form of a court decision, because the proof as the same as the evidence in civil suit.This is defferent from the petition of national adoption.This paper discusses the implementation of the best interest of child’s principle in Indonesia and how to conduct intercountry adoption in Indonesia in order to avoid any attempts of illegal adoption. This paper concludes that the Indonesian Government has issued a number of laws and regulations govern the intercountry adoption. These laws require implying the principle of the best interest of children in order to protect the interest of children who is adopted by foreigner. In order to undertake the adoption, the cour...