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TANGGUNG JAWAB HUKUM AGEN ASURANSI TERKAIT PRAKTIK FRAUD PADA PERUSAHAAN ASURANSI YANG MERUGIKAN NASABAH Desta Putra Widiyanto; fauziah fauziah
VERITAS Vol 7 No 1 (2021): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/veritas.v7i1.1282

Insurance agents are part of human resources that offer products directly to prospective insured. If insurance agents do not have adequate quality, increasing the number of agents each year will cause problems for the parties involved. Formulation of the problem: (1) How is the responsibility of the insurance agent to the insurance company and insurance customers. (2) How is the process of resolving fraud cases conducted by insurance agents at insurance companies. The purpose of this research is to find out how the legal responsibility of insurance agents to companies and customers as well as the process of resolving fraud cases committed by insurance agents. The research method in this writing is as follows: The type of research used by the author in this study is normative juridical research and data collection methods which include primary legal materials, secondary legal materials and tertiary legal materials. Insurance agents as representatives of insurance companies in marketing products must be responsible to the insurance company and insurance customers regarding the fraud they have committed, which has been regulated in Law Number 40 of 2014 concerning insurance, the Criminal Code and the Code of Law. Civil law. Forms of legal responsibility and settlement, insurance agents can be subject to criminal sanctions, civil sanctions and administrative sanctions, even in the process of settlement sometimes through mediation based on the agreement of the parties. Abstrak Agen asuransi merupakan bagian dari sumber daya manusia yang menawarkan produk secara langsung kepada para calon tertanggung, jika para agen asuransi tidak memiliki kualitas yang memadai maka dengan bertambahnya jumlah agen tiap tahunnya justru akan menimbulkan masalah bagi pihak-pihak yang terkait. Perumusan masalah: (1) Bagaimana tanggung jawab agen asuransi kepada perusahaan asuransi dan nasabah asuransi. (2) Bagaimana proses penyelesaian kasus fraud yang dilakukan agen asuransi pada perusahaan asuransi. Tujuan peneletian ini untuk mengetahui bagaimana tanggung jawab hukum agen asuransi kepada perusahaan dan nasabah serta proses penyelesaian kasus fraud yang dilakukan oleh agen asuransi. Metode penelitian dalam penulisan ini sebagai berikut: Jenis penelitian yang digunakan penulis dalam penelitian ini adalah penelitian yuridis normatif serta metode pengumpulan data yang mencakup bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Agen asuransi sebagai perwakilan dari perusahaan asuransi dalam memasarkan produk harus bertanggungjawab kepada perusahaan asuransi dan nasabah asuransi terkait tindakan fraud yang telah dilakukannya, yang telah diatur dalam Undang-undang Nomor 40 Tahun 2014 tentang perasuransian, Kitab Undang-Undang Hukum Pidana dan Kitab Undang-Undang Hukum Perdata. Bentuk tanggung jawab hukum dan penyelesaiannya, agen asuransi dapat dikenakan sanksi pidana, sanksi perdata maupun sanksi administratif, bahkan dalam proses penyelesaiannya kadang melalui jalur mediasi berdasarkan kesepakatan para pihak.

Efektifitas Pelaksanaan Penundaan Kewajiban Pembayaran Utang (PKPU) dalam Mencegah Kepailitan (Studi Pengadilan Niaga pada Pengadilan Negeri Jakarta Pusat) Ratu Alawiyyah Rifani; Fauziah Fauziah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

The results showed that the Postponement of Debt Payment Obligations or PKPU means that it can be used by debtors to avoid bankruptcy. So before declared as bankruptcy, debtors can apply for PKPU. PKPU applications are submitted to the Commerrcial Court established within the General Court. In 2017, 2018 and 2019 the Commercial Court at Central Jakarta District Court has received many incoming PKPU case reports and continues to increase every year. PKPU that has been accepted and determined can be submitted as a peace plan by the debtor, the peace plan is submitted to resolve debt settlement disputes between debtors and creditors, PKPU can be considered effective if PKPU submitted by the debtor ends with peace. In addition, the driving factor for PKPU's effectiveness in preventing bankruptcy is the content of the peace agreement that has been homologated by the Commercial Court.

LEGAL PROTECTION FOR EMPLOYEE FROM BANKRUPTED COMPANY LAY OFF ACCORDING TO LAW NO. 13/2003 OF EMPLOYEEMENT POWER JO LAW NO. 11/2020 OF WORK CREATION Dias Andalan; Fauziah Fauziah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.81

In national development, the workforce has an important contribution to the progress of the nation, for that it is necessary to protect workers to ensure equal opportunities and treatment without discrimination to realize welfare for workers. The protection provided by the government to workers must guarantee workers to carry out work. Industrial relations which are the linkage of interests between workers/labourers and entrepreneurs, have the potential to cause disputes between workers and employers, disputes can occur because the company is bankrupt because it has maturing debts. Workers as one of the parties who have the right to pay their wages owed that arise because of the work agreement have the right to prioritize the payment of their receivables, that basically even though the company is in bankruptcy there are workers' rights that must be protected by the entrepreneur represented by the curator. Seeing the frequent occurrence of problems regarding layoffs that occur to workers / laborers due to bankrupt companies, the author focuses on the formulation of the problem, namely: 1. How is legal protection for workers who have been laid off in bankruptcy companies based on Law no. 11 of 2020 About Job Creation? 2. How to settle layoffs in bankrupt companies, case studies of decision no. 90./Pdt.Sus-Phi/2020Jkt.Pst Based on Law no. 13 of 2003 concerning the Employment of Jo. Law No. 11 of 2020 About Job Creation? In writing this thesis, the writer uses a normative juridical research method which aims to find out the settlement of disputes over the legal protection of workers who have been laid off due to bankrupt companies through collecting and analyzing data to obtain answers to the formulation of the problem. From the formulation of the problem raised in this paper, the author concludes that even though the company is in a state of bankruptcy, the workforce has rights in the form of severance pay, years of service and compensation for entitlements whose payment (preferred creditor) is regulated in the Act. Job creation, and basically layoffs occur in bankrupt companies just like layoffs in general, only the curator represents the company. In order to avoid the same problem, the curator must be guided by the law without ignoring the job creation law. For the settlement of case No. 90./Pdt.Sus-Phi/2020Jkt.Pst is in accordance with the theory which even though the company is in bankruptcy, workers have the rights regulated in Law No. 11 of 2020 concerning Job Creation.

COPY RIGHT PROTECTION FOR NETFLIX STREAMING VIDEO CIRCULATED IN TELEGRAM Ishma Safira; Efridani Lubis; Fauziah Fauziah
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.84

This study discusses copyright protection for Netflix streaming videos circulating on Telegram, where technological developments, especially in the field of information (internet) are widely used by irresponsible people by circulating Netflix streaming videos on Telegram which can be watched by the general public without subscribing. The author examines the forms of copyright infringement on the circulation of Netflix streaming videos on Telegram and how the copyright protection of Netflix streaming videos circulating on Telegram is based on the laws and regulations in force in Indonesia. The research method used is normative juridical with a law approach and a conceptual approach. The results of the study conclude that the form of copyright protection for Netflix streaming videos circulating on Telegram is regulated in Indonesian laws and regulations, namely UUHC Number 28 of 2014, ITE Law Number 19 of 2016, and Law Number 33 of 2009 concerning Film. Copyright protection that can be done on Netflix streaming videos circulating on Telegram is preventive and repressive protection. Thus, it can be seen that the government's efforts as a form of preventive protection are urgently needed with socialization to the public not to use pirated products and repressive efforts by becoming a forum for following up on reports of copyright infringement in order to reduce piracy in Indonesia.

LEGAL REVIEW OF FIDUCIARY CONTRACT IMPLEMENTATION OF MOVING GOOD FROM SHARIA ECONOMIC PERSPECTIVE Eldam Surohman; Rochmad Adi Yulianto; Fauziah Fauziah
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.86

Based on the DSN-MUI fatwa Number 04/DSN-MUI/IV/2000 concerning murabaha, which allows sharia financing institutions to request guarantees from customers with mutual trust to complete obligations and obtain rights arising from the agreement. If the debtor is unable to carry out his obligations or commits a breach of contract (default), then the guarantee execution process can be carried out by the creditor. The execution process of course refers to the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees in conjunction with the Constitutional Court Decision Number 18/PUU-XVII/2019. In the case study of the Tasikmalaya Religious Court Decision Number 1038/Pdt.G/2020/PA.Tmk regarding the execution of a fiduciary guarantee with a murabahah financing agreement, where the debtor gets financing to obtain 2 units of four-wheeled vehicles but the debtor defaults to the creditor. The legal efforts taken by the creditor against the debtor, namely, through subpoena and mediation, then proceed with submitting an application for the execution of fiduciary guarantees to the religious court in terms of carrying out executions of the collateral guaranteed by the debtor. Therefore, it will be discussed further regarding the decision of the Religious Court by examining the elements contained in the legislation based on the case in the Tasikmalaya Religious Court Decision Study Number 1038/Pdt.G/2020/PA.Tmk.

APPLICATION OF RESTORATIVE JUSTICE TO DRUGS CASES OF POTENT DRUG LIST G CLASS 2 Elang Prasetyo; Taufik Makarao; Fauziah Fauziah
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.107

The concept of Restorative Justice has actually been around for quite some time, more than twenty years ago as an alternative settlement of criminal cases, especially children, with various considerations. As stated by John Braithwaite that, Restorative Justice is a new direction between "justice" and "walfare model", then between "retribution" and "rehabilitation". Restorative justice is a settlement process that is carried out outside the criminal justice system by involving victims, perpetrators, victims' families and perpetrators' families, the community and parties with an interest in a criminal act that occurred to reach an agreement and settlement. The problem of hard drugs is a serious problem in the world of health. People who do not know become victims. Even though it is not certain that the drug being abused is correct and the composition is correct. Obviously this is very dangerous for patients or users of certain brands of drugs, especially hard drugs (list G drugs) which contain active ingredients, can cause dependence, because other than drugs if used improperly or without a doctor's prescription, on the contrary, they will become toxic to the human body and endanger health. . The formulation of the problem is as follows: (1) How is the urgency of justice in the implementation of Restorative Justice in cases of hard drugs listed G Group 2? (2) How effective is the implementation of the implementation of the application of Restorative Justice in cases of hard drugs listed G Group 2? The research method used is normative juridical with data collection techniques using library research and document studies and data analysis techniques using normative analysis methods. The results of the study show that: (1) The Restorative Justice approach can help to reduce the abuse of hard drugs listed G Group 2 in a more effective way, through recovery of perpetrators and their return to society. In this case, the Restorative Justice approach can also help to build a safer and healthier environment for the community. (2) Based on existing research, it can be concluded that regulations have good effectiveness in implementing restorative justice in drug cases belonging to group G. The restorative justice approach prioritizes recovery and rehabilitation of offenders, offering opportunities for offenders to improve themselves and return to being a good member of society. contribute. Therefore, restorative justice arrangements for drug cases belonging to group G not only provide a deterrent effect for perpetrators, but also provide opportunities for self-improvement and reintegration into society as activists.

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