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Journal : JUSTISI: Journal of Law

Pentingnya Transparansi Beneficial Ownership oleh Korporasi Agustianto, Agustianto
JUSTISI Vol. 8 No. 2 (2022): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v8i2.1678

Abstract

The development of the business world in Indonesia in the current modern era creates a new legal phenomenon that needs attention. This legal phenomenon is the existence of crimes that are hidden within the corporation. Therefore, Indonesia implements beneficial owner transparency for all corporations.  The purpose of this study is to analyze the application of beneficial owners in Indonesia. The method used in this research is normative juridical using the Theory of Law as a tool of social engineering by Roscoe Pound.Based on the results of the study, it was found that the implementation of BO transparency in Indonesian corporations had not gone well. Only 8.3% percent of companies in Indonesia report BO, even though Indonesia has regulated the obligation to report BO in Presidential Decree No. 13 of 2018. This shows that the laws made have not been able to manipulate and or change people's behavior.
PERTANGGUNGJAWABAN NOTARIS DALAM PENYIMPANAN PROTOKOL NOTARIS DI PROVINSI KEPULAUAN RIAU: PERTANGGUNGJAWABAN NOTARIS DALAM PENYIMPANAN PROTOKOL NOTARIS DI PROVINSI KEPULAUAN RIAU Agustianto, Agustianto
JUSTISI Vol. 9 No. 1 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i1.2002

Abstract

Notary is a protocol for public officials who have a fairly large responsibility, namely to keep the notary properly because the notary is a document belonging to the state. However, in practice, notaries in the Riau Islands region face various obstacles in keeping the notary protocol. The purpose of this study is to analyze the notary's accountability to the protocol he has made. Based on the results of the study that there are obstacles for notaries in storing notary protocols, namely the lack of facilities in the form of adequate and adequate storage places. Then, there are no regulations governing the storage of notary protocols, the regulations used are regarding the notary code of ethics and the Law on Notary Positions. based on the Legal Responsibility Theory by Hans Kelsen, a notary who violates the law should receive sanctions as stipulated in the Ethics and Laws concerning the Position of a Notary. Therefore, the recommendation in this study is the need for special regulations regarding the storage of notary protocols.
Legal Dilemma between Law on Protection Child and Marriage Law in Addressing Early Marriage Tan, Winsherly; Agustianto, Agustianto; Febri Jaya
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2814

Abstract

This study aims to analyze marriage regulations with child protection, namely Law Number 16 of 2019 on Marriage and Law Number 35 of 2014 on Child Protection. These two regulations will be analyzed to protect children who marry underage. The study method used is normative juridical. As a novelty, the study tries to compare marriage arrangements with child protection arrangements. The purpose and perspective of underage marriage between the two regulations are different. The research results show that marriage law has a different spirit than child protection law. This is shown in the marriage law, which states that children are still allowed to marry for urgent reasons by applying for a dispensation to the court. However, child protection law explicitly does not allow this. Therefore, there is a need for more detailed regulation regarding the category of "urgent reasons" regulated in the marriage law.
Legal Analysis Regarding Donation Fraud Through Online Media Agustini, Shenti; Situmeang, Ampuan; Agustianto, Agustianto
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2852

Abstract

Indonesia already has regulations in place to regulate digital fraud matter, but these regulations have not been able to accommodate current needs. The novelty in this research is that this research discusses current issues where fraud is carried out using sophisticated technology, namely through cyberspace, even fraud can also be carried out for the reason of a good cause, namely making a donation. The purpose of this study is first, to analyze the laws governing online donation fraud. Second, to identify cases or phenomena regarding fraud that occur online and resolve these cases. then through this research can produce a recommendation or legal solution will be found in overcoming the online fraud case. The method in this study is normative juridical which uses a statutory approach consisting of laws, namely Law Number 9 of 1961 concerning Collection of Money or Goods, Government Regulation Number 29 of 1980 concerning Implementation of Contribution Collection. Then the data collection technique is through literature studies and studies through fraud cases that have occurred. Based on the results of the research, it was found that online donation fraud cases are currently being tried using the criminal law code and the law on information and electronic transactions. However, the two regulations have different elements of fraud and sanctions. Even though Indonesia has a regulation that specifically regulates the collection of donations, however, these two regulations do not regulate the forms of donations that can be made online.