Nommensen Journal of Legal Opinion

PERTANGGUNGJAWABAN PIDANA PELAKU MENGHIMPUN DANA DARI MASYARAKAT DALAM BENTUK SIMPANAN TANPA IZIN USAHA DARI PEMIMPIN BANK INDONESIA (Studi Putusan Nomor 2896/K/Pid.Sus/2022/PN Tng)

Vini Keysa Florentina Br.Ginting Br.Ginting; July Esther, Herlina Manullang — Wed, 12 Jun 2024 00:00:00 +0000

The explanation of Article 16 of the Banking Law is that anyone who carries out activities to collect funds from the public is basically an activity that needs to be monitored. This is in line with the many establishments of banks or cooperatives that do not have official permits from Bank Indonesia. This is a criminal charge for the implementation of the scope of business licensing in Indonesia which in Article 46 paragraph (1) of the Banking Law has been explained. Such as the case of decision No. 2896/K/Pid.Sus/2022/PN Tng. This research uses normative juridical research methods. By qualitatively processing primary legal and secondary legal materials. The formulation of the problem that the author raises, namely What is the form of legal protection for victims that can be provided due to collecting funds in the form of deposits without permission according to positive law and What is the basis for judges' considerations in imposing criminal penalties against perpetrators who collect funds from the public in the form of deposits without a business license from the Chairman of Bank Indonesia. The results of the study concluded that the defendant's actions violated the provisions of positive law in Indonesia related to banking and business licensing in line with the judge's consideration to try and decide the defendant's sentence both in Juridical and Non-Juridical terms.

PENTINGNYA REGULASI KHUSUS SISTEM FACE RECOGNITION TECHNOLOGY SEBAGAI PRODUK ARTIFICIAL INTELLIGENCE DALAM PENINGKATAN KEAMANAN DAN PENEGAKAN HUKUM DI INDONESIA

Sarimah Yemima Br Girsang — Wed, 12 Jun 2024 00:00:00 +0000

Seeing the large number of misuses of personal data through Face Recognition Technology, it is necessary to protect every personal information. So far, Indonesia already has a Personal Data Protection Law. This regulation is considered insufficient to provide protection for the use of facial recognition. This research aims to determine the development of legal regulations for the use of FRT as well as the government's efforts to increase personal data protection. This research uses a normative juridical approach method with analytical descriptive writing specifications. The research results show that Indonesia does not yet have specific regulations governing the use of facial recognition. The regulations are included in the Personal Data Protection Law so further regulations are needed to provide regulatory specifications for the use of FRT technology.

TINJAUAN YURIDIS PEMBATALAN PERJANJIAN PADA MASA PANDEMI COVID-19 DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA

Stanley Marpaung; Roida Nababan, August P silaen — Wed, 12 Jun 2024 00:00:00 +0000

This study aims to review the jurisdiction of the cancellation of the agreement during the Covid-19 pandemic in terms of the Civil Code. The focus. what are the legal consequences of canceling the agreement during the COVID-19 pandemic in terms of the Civil Code and what legal remedies can be taken by those who suffer losses due to the cancellation of the agreement based on the Civil Code. The type of research used in this study is normative legal research that utilizes literature as a data source. The object of research is based on written legal materials by exploring theories, concepts. and the legal and regulatory principles related to this research. The data collection method is the library research method, namely all efforts carried out to obtain information/data related to the problems studied and the data analysis used is qualitative data analysis methods. Based on the results of the study the legal consequences of canceling the agreement during the COVID-19 pandemic in terms of the Civil Code are: (1) Due to a defect of will, error/mistake/error (dawling), fraud (bedrog) and abuse of circumstances (misbruik van de omstandighenden), (2) Legal remedies that can be taken by those who suffer losses due to the cancellation of the agreement based on the Civil Code can be carried out by litigation and non-litigation based on Law no. 30 of 1999, namely by negotiation, consultation, conciliation, mediation can be done through the local court.

TINJAUAN HUKUM TENTANG PEMUTIHAN PINJAMAN AKIBAT DEBITUR MENINGGAL DUNIA

Tri Saputra Marojahan Sianturi; Roida Nababan, Lesson Sihotang — Wed, 12 Jun 2024 00:00:00 +0000

This study aims to determine the principle of prudence in providing credit at the Panitonga branch of Bank Rakyat Indonesia and to find out what causes credit whitening if the debtor dies at the Panitonga branch of Bank Rakyat Indonesia. The type of research used is Field Research (Interview) and Library Research (library) and materials related to the law regarding credit whitening due to the death of the debtor. The principle of prudence in lending to Bank Rakyat Indonesia Panitonga is to maintain the soundness of the bank with the provisions of capital requirements, asset quality, management quality, liquidity, profitability, solvency, and other aspects related to the bank with the provisions and implementation of the 5C principles and & 7P. Credit whitening carried out at the BRI Panitonga branch when the debtor dies due to a loan insurance which is in accordance with the provisions of the insurance policy, if the debtor dies, the insurance covers/pays the remaining credit from the side debtor, so that the debtor's heirs are not burdened with credit payments of the deceased debtor.

ANALISIS YURIDIS PEMBUBARAN ORGANISASI KEMASYARAKATAN (ORMAS) BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN

Gio irwana hasri; Kasman Siburian, Hisar Siregar — Wed, 12 Jun 2024 00:00:00 +0000

Community Organizations are community associations that form organizations with an orderly nature and structure, usually starting from the highest/central level to the lowest level/leadership at the regional level or even community associations. Considering that social organizations provide freedom of association, assembly and expression of opinion as a form of guarantee of human rights. Therefore, the reasons used are based on statutory regulations as explained in Article 60 paragraph (1) and paragraph (2) Government Regulations in Lieu of Law of the Republic of Indonesia Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Organizations Even though Community Organizations can be dissolved, the dissolution procedure must be carried out democratically. The government must not monopolize the authority to disband a mass organization by negating the role of other state institutions, so that the government will tend to behave authoritarian. The consequence of an authoritarian government is that the laws that are born will be repressive in nature, prioritizing the interests of the rulers over the people. This research is included in Normative Juridical research, namely research that examines legal norms that originate from legal rules, namely laws. The conclusion obtained in this research is that the system for dissolving mass organizations in Indonesia still does not have clear indicators and mechanisms that are in accordance with the existence of the rule of law. The dissolution of mass organizations is based on the mass organization not carrying out its obligations and prohibitions. So the reasons for disbanding mass organizations can be classified into threats to democracy, national ideology, constitution, state sovereignty and national security. The mechanism for dissolving social organizations is divided into two categories based on their registration, where the dissolution of social organizations that are not legal entities is carried out by the government, namely the Minister of Home Affairs. Meanwhile, for social organizations with legal entities, their dissolution is handed over to the Minister of Law and Human Rights.