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KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM MENYELESAIKAN SENGKETA ASURANSI PASCA KELUARNYA PERATURAN OTORITAS JASA KEUANGAN (OJK) NOMOR 1/POJK.07/2014 Kumala, Wisnu; Yaswirman, Yaswirman; Ulfanora, Ulfanora
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DAN PERHITUNGAN KERUGIAN KEUANGAN NEGARA BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG TINDAK PIDANA KORUPSI Ferra, Ferra; Tanoto, Stephanie; Lifia, Maliny
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Corruption is an extraordinary crime (extraordinary crime) that provides benefits for yourself by abusing the position of another party, where the act is not done alone and usually involves more than one person. Unlike the case with the crime of money laundering and bribery. This research is descriptive. Sources obtained are secondary legal material, the data is obtained from literature in the form of legal books, legal journals, and legal articles. Factors that encourage the occurrence of criminal acts of corruption usually originate from internal factors, namely the perpetrators themselves or external factors, namely from outside the perpetrators. To find out whether or not there is a criminal act of corruption, several financial calculation methods are made, namely the total loss method (the state financial loss method), the net loss method (the net loss method), the fair price method, and the cost price method. Law enforcement and the amount of recovery of state financial losses can be seen in the Corruption Act.

PENDAFTARAN PELAKSANAAN PUTUSAN ARBITRASE ASING YANG BELUM FINAL Wijaya, Cindy
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Indonesia regulates International Arbitration in the Article 65 to Article 69 of Law Number 30 of 1999. The registered award must always fulfil the requirements in Article 66 in order to be admitted and proceeded, and the applied awards must fulfil the requirements in article 67 in order to obtain exequatur. When the requirements do not meet the terms of engagement, as if the award is not finalized or in an appeal process or put aside, Indonesia may declare to refuse the enforcement. The purpose of the study was to find out about the application of foreign arbitration awards and the response of the District Court of Central Jakarta towards the applied award if the application of the foreign arbitration had not been finalized yet. The result and the discussion was that Law Number 30 of 1999 has not regulate in detail on how the foreign arbitration award can be refused, Therefore, it is necessary to have an amendment and a more detailed regulation on the requirements of application and the reasons for refusing foreign arbitration awards.

PEMBERDAYAAN KEARIFAN LOKAL MASYARAKAT ADAT BATAK TOBA DALAM MENCEGAH KEKERASAN TERHADAP ANAK Simbolon, Nanci Yosepin; Nasution, Muhammad Yasid; Lubis, Muhammad Ansori
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Children have rights guaranteed and protected by law so that the growth and development of children must be protected by every element of the country. The purpose of this study is to identify and explain the factors that cause violence against children in the family, to know and explain the forms of local wisdom contained in the Batak Toba tribe community to prevent violence against children in the family, to know and explain constraints and obstacles that arise in empowering local wisdom in the Batak Toba tribe. This research is a normative legal research and supported by empirical research. The data used in this research is secondary data. Factors causing violence against children in the family are poverty, parental education which is still lacking in terms of and patterns of child care, socio-cultural and technological advances and information and the environment. The forms of local wisdom of the Toba Batak community in preventing violence against children are pauli uhum (correcting mistakes) and manopoti sala (correcting violations). The obstacles and obstacles in empowering Batak Toba's local wisdom in preventing violence against children in the household are the concern of lawmakers and law enforcers, legal pluralism in Indonesia, the low level of socialization carried out by village and kelurahan officials.

ANALISIS YURIDIS TERHADAP HAK DAN KEWAJIBAN KARYAWAN OUTSOURCING BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN (PT. GARDA WIBAWA SUKSES) Filia, Filia; Wijaya, Rivaldo Putra
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Outsourcing systems are in great demand by other companies because the services of outsourcing companies help other companies run their businesses. Law No. 13 of 2003 has helped many new companies or companies that have been established to make efficiency through the use of outsourcing company services to produce certain products or services. In this research, the company that we research is outsourcing company PT Garda Wibawa Sukses. Employees at this company are given legal protection, such as: economic protection, social protection, and technical protection and this company also provides legal protection for female employees. In addition, employees in this company also have rights and obligations attached to each of them. Rights owned by employees can be obtained in accordance with those owned by employees in general. In addition to having rights, employees must obey the obligations set by the company and have been agreed by both parties. This type of research uses the Normative Juridical method, namely by conducting an analysis of outsourcing companies regarding the rights and obligations obtained by outsourcing employees at PT Garda Wibawa Sukses in accordance with statutory regulations.

Pemberdayaan Kearifan Lokal Masyarakat Adat Batak Toba dalam Mencegah Kekerasan terhadap Anak Nanci Yosepin Simbolon; Muhammad Yasid Nasution; Muhammad Ansori Lubis
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v12i2.2944

Children have rights guaranteed and protected by law so that the growth and development of children must be protected by every element of the country. The purpose of this study is to identify and explain the factors that cause violence against children in the family, to know and explain the forms of local wisdom contained in the Batak Toba tribe community to prevent violence against children in the family, to know and explain constraints and obstacles that arise in empowering local wisdom in the Batak Toba tribe. This research is a normative legal research and supported by empirical research. The data used in this research is secondary data. Factors causing violence against children in the family are poverty, parental education which is still lacking in terms of and patterns of child care, socio-cultural and technological advances and information and the environment. The forms of local wisdom of the Toba Batak community in preventing violence against children are pauli uhum (correcting mistakes) and manopoti sala (correcting violations). The obstacles and obstacles in empowering Batak Toba's local wisdom in preventing violence against children in the household are the concern of lawmakers and law enforcers, legal pluralism in Indonesia, the low level of socialization carried out by village and kelurahan officials.

Perlindungan Konsumen atas Metode Penawaran Negative Option di Indonesia Elizabeth Anastasia; Dwi Sekar Ningrum; William Marthianus; Willis Patrick Onggo
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v12i2.2852

Negative Option Method is a bidding method that requires confirmation from consumers in accepting or rejecting an offer. If the customer doesn’t provide confirmation, the business actor assumes that the consumer agrees and will be charged a fee for the offer given. The Negative Option method originating from the United States has actually developed in Indonesia, especially in the provision of telecommunications services. It is not uncommon for Telecommunications Service Providers in Indonesia to offer a particular feature that requires confirmation of rejection or cancellation from consumers via message, such as "unreg". If the consumer does not provide confirmation, the business actor will unilaterally assume that the Customer has accepted the offer, thus often resulting in the consumer experiencing financial losses due to the imposition of costs for goods and / or services without the consent of the consumer. This encourages the author to conduct legal research on consumer legal protection of the Negative Option bidding method using the normative juridical method. This legal research concludes that the Negative Option bidding method is contrary to the Minister of Communications Regulation Article 2 paragraph (3) and Article 4 paragraph (1) letter a which specifies that each Telecommunications Service Provider must obtain written and/or message approval from the Customer to activate a paid feature. If the Telecommunications Service Provider has not received approval from the Customer, then the paid feature must be stopped.

Penyadapan oleh KPK dalam Perspektif Due Process of Law Tamara Laurencia
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v12i2.2790

Corruption is very detrimental. KPK was established to eradicate corruption and is given extensive duties and authority. KPK is given the authority to conduct investigation and prosecution, and in the implementation, KPK has the authority to conduct wiretapping. However, the authority given to KPK in conducting wiretapping seems to be too broad and was given without any clear boundaries in terms of the time limit for example. It should also require permission to conduct wiretapping in order to uphold the law. Wiretapping has been a violation of privacy towards citizen rights. The right can only be limited by the Law, but it cannot be removed from existence. One of the principles of criminal procedure in Indonesia is due process of law that consist of three important aspects, namely presumption of innocence, equality before the law, and the rule of law. This principle basically requires the protection of the rights of the suspects or defendants in terms of the substance of the law that regulates or the implementation, which in this case is not to be considered guilty during criminal justice process, equality before the law regarding the right to privacy that can only be limited, not removed from existence.

Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014 Wisnu Kumala; Yaswirman Yaswirman; Ulfanora Ulfanora
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v12i2.2748

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

Pendaftaran Pelaksanaan Putusan Arbitrase Asing yang Belum Final Cindy Wijaya
JURNAL MERCATORIA Vol 12, No 2 (2019): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v12i2.2793

Indonesia regulates International Arbitration in the Article 65 to Article 69 of Law Number 30 of 1999. The registered award must always fulfil the requirements in Article 66 in order to be admitted and proceeded, and the applied awards must fulfil the requirements in article 67 in order to obtain exequatur. When the requirements do not meet the terms of engagement, as if the award is not finalized or in an appeal process or put aside, Indonesia may declare to refuse the enforcement. The purpose of the study was to find out about the application of foreign arbitration awards and the response of the District Court of Central Jakarta towards the applied award if the application of the foreign arbitration had not been finalized yet. The result and the discussion was that Law Number 30 of 1999 has not regulate in detail on how the foreign arbitration award can be refused, Therefore, it is necessary to have an amendment and a more detailed regulation on the requirements of application and the reasons for refusing foreign arbitration awards.

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Agung Suharyanto

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agungsuharyanto@staff.uma.ac.id

Phone
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Journal Mail Official
windy@staff.uma.ac.id

Editorial Address
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Location
Kota medan,

Sumatera utara

INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Agung Suharyanto

Contact Email agungsuharyanto@staff.uma.ac.id

Phone -

Journal Mail Official windy@staff.uma.ac.id

Editorial Address -

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Agung Suharyanto

Contact Email
agungsuharyanto@staff.uma.ac.id

Phone
-

Journal Mail Official
windy@staff.uma.ac.id

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA