The development of globalization and the current standard of human life cannot be matched by the existing law enforcement process (human development is dynamic while law is static). So is the emergence of problems that occur related to existing law enforcement, especially criminal law enforcement through the criminal court system. The problem that arises is the number of cases in lawsuits and the capacity of the penitentiary. To eliminate this problem, it is necessary to think about seeking a settlement of legal issues outside the existing justice system (alternative dispute resolution) and one of the efforts that can be made is the application of customary law as a step to reconcile the disputing parties. The aim is that the disputing parties can resolve the problem with their own awareness and prioritize mutual understanding and respect for the rights of victims and perpetrators. As is known in customary law, namely efforts to resolve conflicts and restore balance.
{"title":"IMPLEMENTASI MEDIASI PENAL MENGGUNAKAN PENDEKATAN HUKUM ADAT PADA MASYARAKAT ADAT DAYAK HIBUN","authors":"Alfonsus hendri Soa, Sri Ismawati","doi":"10.55809/tora.v9i1.205","DOIUrl":"https://doi.org/10.55809/tora.v9i1.205","url":null,"abstract":"The development of globalization and the current standard of human life cannot be matched by the existing law enforcement process (human development is dynamic while law is static). So is the emergence of problems that occur related to existing law enforcement, especially criminal law enforcement through the criminal court system. The problem that arises is the number of cases in lawsuits and the capacity of the penitentiary. To eliminate this problem, it is necessary to think about seeking a settlement of legal issues outside the existing justice system (alternative dispute resolution) and one of the efforts that can be made is the application of customary law as a step to reconcile the disputing parties. The aim is that the disputing parties can resolve the problem with their own awareness and prioritize mutual understanding and respect for the rights of victims and perpetrators. As is known in customary law, namely efforts to resolve conflicts and restore balance.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"59 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133633608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Indonesia as a constitutional state, have legal rules to guarantee and protect the rights of its citizens. Health is important element in Indonesia’s development. Health workers who provide health services to the community, are citizens who have the same rights to realize the welfare of society. In health services, traditional health workers are one of the health workers as stipulated in law number 36 of 2009 concerning health. Traditional health workers divided into skilled health workers and health workerswho use potions as stipulated in law number 36 of 2014 concerning health workers. Of the various rules that have been set by the government, these rules regulate policies regarding health services, helath workers and users of helath services. The rules made are intended for health services, in order to obtain services that have fair legal certainty, both for health workers and for patients. Fair rules as positive law provide legal certainty and do not raise doubt in terms of helath services.
{"title":"TINJAUAN YURIDIS TENTANG KEPASTIAN HUKUM TERHADAP TENAGA KESEHATAN TRADISIONAL AKUPUNKTUR DI NEGARA INDONESIA","authors":"","doi":"10.55809/tora.v9i1.187","DOIUrl":"https://doi.org/10.55809/tora.v9i1.187","url":null,"abstract":"Indonesia as a constitutional state, have legal rules to guarantee and protect the rights of its citizens. Health is important element in Indonesia’s development. Health workers who provide health services to the community, are citizens who have the same rights to realize the welfare of society. In health services, traditional health workers are one of the health workers as stipulated in law number 36 of 2009 concerning health. Traditional health workers divided into skilled health workers and health workerswho use potions as stipulated in law number 36 of 2014 concerning health workers. \u0000Of the various rules that have been set by the government, these rules regulate policies regarding health services, helath workers and users of helath services. The rules made are intended for health services, in order to obtain services that have fair legal certainty, both for health workers and for patients. Fair rules as positive law provide legal certainty and do not raise doubt in terms of helath services. \u0000 ","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115761805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract: Optional Protocol on the Convention Against Torture (OPCAT) is an international agreement that aims to prevent torture and other ill-treatment by establishing a system consisting of conducting regular visits to all places of detention in participating countries. The OPCAT is not only an instrument that determines a certain standard, but as an implementation treaty which is a follow-up agreement from the Convention against Torture (UNCAT). Indonesia has ratified the convention into Law no. 5 of 1998. However, until this research was conducted, efforts to ratify the OPCAT had not been successful. This research will contain the legal consequences and implications if Indonesia ratifies the OPCAT and how it affects the protection of the right to feel safe from torture for children in Indonesia. This research is a normative research that uses a conceptual approach, cases, and laws and regulations and is analyzed by collecting secondary data through library research.
{"title":"AKIBAT HUKUM RATIFIKASI OPTIONAL PROTOCOL ON THE CONVENTION AGAINST TORTURE (OPCAT) DAN PENGARUHNYA PADA PERLINDUNGAN HAK ATAS RASA AMAN DARI PENYIKSAAN DI INDONESIA","authors":"Naura Ardya","doi":"10.55809/tora.v9i1.167","DOIUrl":"https://doi.org/10.55809/tora.v9i1.167","url":null,"abstract":"Abstract: Optional Protocol on the Convention Against Torture (OPCAT) is an international agreement that aims to prevent torture and other ill-treatment by establishing a system consisting of conducting regular visits to all places of detention in participating countries. The OPCAT is not only an instrument that determines a certain standard, but as an implementation treaty which is a follow-up agreement from the Convention against Torture (UNCAT). Indonesia has ratified the convention into Law no. 5 of 1998. However, until this research was conducted, efforts to ratify the OPCAT had not been successful. This research will contain the legal consequences and implications if Indonesia ratifies the OPCAT and how it affects the protection of the right to feel safe from torture for children in Indonesia. This research is a normative research that uses a conceptual approach, cases, and laws and regulations and is analyzed by collecting secondary data through library research.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126465318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corporate Social Responsibility is set in article 74 of Law No. 40 of 2007 on Limited Liability Company. Corporates have to do corporate social and environmental responsibility. In sustainable development context, there are three values to be applied in corporates CSR, such as economic, social, and environmental. In the implementation of CSR, corporate must set plan and allocate funds from the revenues of the company worthily. Based on the background, the problem formulation is how is the implementation of PT. Tirta Investama Airmadidi CSR by way of Organic farmer and Biogas based on Law No. 40 of 2007 on Limited Liability Company? The purpose of Organic farmer and Biogas this study are to investigate the implementation of PT. Tirta Investama Airmadidi CSR by way of based on Law No. 40 of 2007 on Limited Liability Company. In the implementation, PT. Tirta Investama Airmadidi CSR by way of Organic farmer and Biogas experience some technical problems. Organic farmer and Biogas don’t provide a significant change to the community’s economic, and the result, it doesn’t have impact on community’s prosperity. In addition, the conducted Organic farmer and Biogas doesn’t fulfill the fit and proper values.
{"title":"TINJAUAN TERHADAP PELAKSANAAN CSR PT TIRTA INVESTAMA AIRMADIDI DI DESA TUMALUNTUNG KEC KAUDITAN PASCA BERLAKUNYA UU NO 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS DEMI TERWUJUDNYA PEMBANGUNAN BERKELANJUTAN","authors":"Shandy Kaunang, Diana Putong, Feibe Engeline Pijoh","doi":"10.55809/tora.v8i3.175","DOIUrl":"https://doi.org/10.55809/tora.v8i3.175","url":null,"abstract":"Corporate Social Responsibility is set in article 74 of Law No. 40 of 2007 on Limited Liability Company. Corporates have to do corporate social and environmental responsibility. In sustainable development context, there are three values to be applied in corporates CSR, such as economic, social, and environmental. In the implementation of CSR, corporate must set plan and allocate funds from the revenues of the company worthily. Based on the background, the problem formulation is how is the implementation of PT. Tirta Investama Airmadidi CSR by way of Organic farmer and Biogas based on Law No. 40 of 2007 on Limited Liability Company? The purpose of Organic farmer and Biogas this study are to investigate the implementation of PT. Tirta Investama Airmadidi CSR by way of based on Law No. 40 of 2007 on Limited Liability Company. In the implementation, PT. Tirta Investama Airmadidi CSR by way of Organic farmer and Biogas experience some technical problems. Organic farmer and Biogas don’t provide a significant change to the community’s economic, and the result, it doesn’t have impact on community’s prosperity. In addition, the conducted Organic farmer and Biogas doesn’t fulfill the fit and proper values.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123874263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The implementation of the social and environmental responsibility program (TJSL) has been mandated through Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Article 74 paragraph (1) UUPT. The implementation of the CSR program is a manifestation of efforts to build good reciprocal relationships with all stakeholders, both the government and all elements of society. Often, in the implementation of the CSR program, the benefits received by the community are not appropriate or do not have a maximum impact on the community and the environment. This study aims to determine the concept of community participation contained in the CSR or CSR guidelines in accordance with ISO 26000. The research methods used in this study are normative legal research methods and descriptive qualitative research methods. This method is used to study, maintain, and develop positive legal structures with logic buildings with a written guideline approach. Community participation in the implementation of Social and Environmental Responsibility (TJSL) is absolutely necessary to be given proper space. Community participation not only allows the community to receive program benefits, but is also active in all processes or stages in the implementation of CSR. ISO 26000 emphasizes the importance of community participation in Social Responsibility (SR) in the main issues of community development. Community involvement and development is an integral part of the concept of sustainable development.
{"title":"PARTISIPASI MASYARAKAT DALAM PROGRAM TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN MENURUT PERSPEKTIF ISO 26000","authors":"Agustin Teras Narang, Daniel Pradina Oktavian","doi":"10.55809/tora.v8i3.157","DOIUrl":"https://doi.org/10.55809/tora.v8i3.157","url":null,"abstract":"The implementation of the social and environmental responsibility program (TJSL) has been mandated through Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Article 74 paragraph (1) UUPT. The implementation of the CSR program is a manifestation of efforts to build good reciprocal relationships with all stakeholders, both the government and all elements of society. Often, in the implementation of the CSR program, the benefits received by the community are not appropriate or do not have a maximum impact on the community and the environment. This study aims to determine the concept of community participation contained in the CSR or CSR guidelines in accordance with ISO 26000. The research methods used in this study are normative legal research methods and descriptive qualitative research methods. This method is used to study, maintain, and develop positive legal structures with logic buildings with a written guideline approach. Community participation in the implementation of Social and Environmental Responsibility (TJSL) is absolutely necessary to be given proper space. Community participation not only allows the community to receive program benefits, but is also active in all processes or stages in the implementation of CSR. ISO 26000 emphasizes the importance of community participation in Social Responsibility (SR) in the main issues of community development. Community involvement and development is an integral part of the concept of sustainable development.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132767790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aims to determine and analyze efforts of the Council of Trustees and Supervisors (MPPD) of the Klaten Regency Land Deed Making Official (PPAT) towards increasing PPAT compliance in carrying out the duties of the position. The type of research used is empirical legal research. This study uses secondary data obtained from library materials and primary data obtained form of interviews with respondents and resource persons. The data will then be analyzed qualitatively, then concluded deductively. This research has three conclusions. The role of the MPPD of the Klaten towards increasing PPAT compliance in carrying out the duties of the position is conduct coaching at IPPAT organizational meetings, share the latest info regarding PPAT through WA Group, conduct guidance in the form of inspections to the PPAT office in the context of periodic supervision. Keywords: Regional Trustees and Supervisory Council, PPAT, Compliance, Position Duties, Code of Ethics
{"title":"PERAN MAJELIS PEMBINA DAN PENGAWAS PEJABAT PEMBUAT AKTA TANAH DAERAH KABUPATEN KLATEN TERHADAP PENINGKATAN KEPATUHAN PEJABAT PEMBUAT AKTA TANAH DALAM MENJALANKAN TUGAS JABATAN","authors":"Laela Dwi Cahyanni, Supriyadi","doi":"10.55809/tora.v8i3.163","DOIUrl":"https://doi.org/10.55809/tora.v8i3.163","url":null,"abstract":"This study aims to determine and analyze efforts of the Council of Trustees and Supervisors (MPPD) of the Klaten Regency Land Deed Making Official (PPAT) towards increasing PPAT compliance in carrying out the duties of the position. \u0000 The type of research used is empirical legal research. This study uses secondary data obtained from library materials and primary data obtained form of interviews with respondents and resource persons. The data will then be analyzed qualitatively, then concluded deductively. \u0000 This research has three conclusions. The role of the MPPD of the Klaten towards increasing PPAT compliance in carrying out the duties of the position is conduct coaching at IPPAT organizational meetings, share the latest info regarding PPAT through WA Group, conduct guidance in the form of inspections to the PPAT office in the context of periodic supervision. \u0000 \u0000Keywords: Regional Trustees and Supervisory Council, PPAT, Compliance, Position Duties, Code of Ethics \u0000 ","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127464697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The use of standard agreements or standard clauses in economic activities in offering goods or services produced by business actors is a necessity and demand. This is also the case in the operational activities of banks in carrying out their business activities as intermediaries for both depositor and debtor customers. In practice, the use and application of new agreements in the banking world is not without problems. Standard agreements that are applied to customers, especially depositor customers, contain many injustices for depositors that violate the principle of balance. Including violations of a number of provisions stipulated in Article 18 of the Consumer Protection Law, including the presence of an ecosenary clause or exclusion clause, writing or letters that are small so that it is difficult to read or understand their meaning.
{"title":"STANDARD CLAUSES IN FUND DEPOSIT AGREEMENTS IN PERSPECTIVE OF UNDANG UNDANG PERLINDUNGAN KONSUMEN","authors":"Dhaniswara K. Harjono","doi":"10.55809/tora.v8i1.176","DOIUrl":"https://doi.org/10.55809/tora.v8i1.176","url":null,"abstract":"The use of standard agreements or standard clauses in economic activities in offering goods or services produced by business actors is a necessity and demand. This is also the case in the operational activities of banks in carrying out their business activities as intermediaries for both depositor and debtor customers. In practice, the use and application of new agreements in the banking world is not without problems. Standard agreements that are applied to customers, especially depositor customers, contain many injustices for depositors that violate the principle of balance. Including violations of a number of provisions stipulated in Article 18 of the Consumer Protection Law, including the presence of an ecosenary clause or exclusion clause, writing or letters that are small so that it is difficult to read or understand their meaning.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"12 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114090825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT Dynamics The development of the village government system has undergone substantial changes with the issuance of Law Number 6 of 2014 concerning Villages. The regulation regarding the election of village heads has changed with a simultaneous election mechanism and the candidate who gets the most votes has the right to be appointed as village head. The purpose of this study is to examine and analyze the regulation with the election mechanism in the district of Central Maluku which in the Regional Regulation Number 03 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of the Negeri Government which the substance of the article on elections still refers to Law Number 32 of 2014 which is no longer valid, the regulation needs to be synchronized so that the application of the existing rules does not conflict with higher rules or positive rules. The method used in this research is a normative method with a study approach with primary data that refers to the applicable regulations and then dissected with secondary data based on concepts, theories and principles in the formation of legislation. Keywords: Synchronization, Regional Regulations, Village Head Elections
{"title":"SINKRONISASI TATA CARA PENCALONAN, PEMILIHAN DAN PELANTIKAN KEPALA PEMERINTAH NEGERI DI KABUPATEN MALUKU TENGAH","authors":"Natanel Lainsamputty","doi":"10.55809/tora.v8i3.149","DOIUrl":"https://doi.org/10.55809/tora.v8i3.149","url":null,"abstract":"ABSTRACT \u0000Dynamics The development of the village government system has undergone substantial changes with the issuance of Law Number 6 of 2014 concerning Villages. The regulation regarding the election of village heads has changed with a simultaneous election mechanism and the candidate who gets the most votes has the right to be appointed as village head. The purpose of this study is to examine and analyze the regulation with the election mechanism in the district of Central Maluku which in the Regional Regulation Number 03 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of the Negeri Government which the substance of the article on elections still refers to Law Number 32 of 2014 which is no longer valid, the regulation needs to be synchronized so that the application of the existing rules does not conflict with higher rules or positive rules. The method used in this research is a normative method with a study approach with primary data that refers to the applicable regulations and then dissected with secondary data based on concepts, theories and principles in the formation of legislation. \u0000 Keywords: Synchronization, Regional Regulations, Village Head Elections","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":" 35","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120830812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In everyday human life, there are several problems that pose a risk to oneself, personal belongings or family property, where the risk is something that arises unexpectedly. To overcome these unexpected problems, the role of insurance is very important in providing protection. Insurance is an insurance agreement between the insurance company and the policyholder with the obligation to pay premiums and provide guarantees to pay compensation. In general, the classification of insurance is divided into 3 types, namely: life insurance, general insurance, and reinsurance. The rights of policyholders when viewed from the aspect of consumer protection are regulated in Law Number 8 of 1999 concerning Consumer Protection. Insurance is very closely related to the presence of the OJK Institution as the only institution responsible for insurance companies, as stipulated in OJK Regulation Number 28/POJK.05/2015. The purpose of this journal is to legally review the rights and interests acquired by insurance policy holders. This research uses normative method. The results of the first study, the rights of policyholders have not been explicitly regulated in insurance law. Second, settlement of claim disputes regarding claims for compensation from insurance is regulated in Article 4 paragraph (1) OJK Regulation Number 1/POJK.07/2014, and the third is in insurance laws and regulations in Indonesia, the settlement of insurance cases is handled by OJK and will ends with a court decision.
{"title":"TINJAUAN YURIDIS TERHADAP HAK DAN KEPENTINGAN PEMEGANG POLIS ASURANSI","authors":"Wetmen Sinaga","doi":"10.55809/tora.v8i3.161","DOIUrl":"https://doi.org/10.55809/tora.v8i3.161","url":null,"abstract":"In everyday human life, there are several problems that pose a risk to oneself, personal belongings or family property, where the risk is something that arises unexpectedly. To overcome these unexpected problems, the role of insurance is very important in providing protection. Insurance is an insurance agreement between the insurance company and the policyholder with the obligation to pay premiums and provide guarantees to pay compensation. In general, the classification of insurance is divided into 3 types, namely: life insurance, general insurance, and reinsurance. The rights of policyholders when viewed from the aspect of consumer protection are regulated in Law Number 8 of 1999 concerning Consumer Protection. Insurance is very closely related to the presence of the OJK Institution as the only institution responsible for insurance companies, as stipulated in OJK Regulation Number 28/POJK.05/2015. The purpose of this journal is to legally review the rights and interests acquired by insurance policy holders. This research uses normative method. The results of the first study, the rights of policyholders have not been explicitly regulated in insurance law. Second, settlement of claim disputes regarding claims for compensation from insurance is regulated in Article 4 paragraph (1) OJK Regulation Number 1/POJK.07/2014, and the third is in insurance laws and regulations in Indonesia, the settlement of insurance cases is handled by OJK and will ends with a court decision.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131835689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Even though taxation activities are the actions of state administration officials in collecting taxes from their citizens, they are substantially an engagement. The state is the tax collector (creditor) and the taxpayer is the taxpayer (debtor). Therefore, the legal aspect of the engagement is dominant in taxation activities. Several aspects of civil law can be described, both material civil law, especially those relating to engagements as regulated in book III of the Civil Code and formal civil law relating to execution. Among them are related to the legal aspects of taxation activities in the perspective of engagement law, the expiration of tax debts, default and legal consequences and their execution. This includes hostage measures (gijzeling) that can be imposed on the taxpayer who in bad faith does not carry out his tax obligations.
{"title":"ASPEK HUKUM KEGIATAN PERPAJAKAN DALAM PERSPEKTIF HUKUM PERDATA","authors":"Hulman Panjaitan","doi":"10.55809/tora.v8i3.155","DOIUrl":"https://doi.org/10.55809/tora.v8i3.155","url":null,"abstract":"Even though taxation activities are the actions of state administration officials in collecting taxes from their citizens, they are substantially an engagement. The state is the tax collector (creditor) and the taxpayer is the taxpayer (debtor). Therefore, the legal aspect of the engagement is dominant in taxation activities. Several aspects of civil law can be described, both material civil law, especially those relating to engagements as regulated in book III of the Civil Code and formal civil law relating to execution. Among them are related to the legal aspects of taxation activities in the perspective of engagement law, the expiration of tax debts, default and legal consequences and their execution. This includes hostage measures (gijzeling) that can be imposed on the taxpayer who in bad faith does not carry out his tax obligations.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128152060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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