Rumainur
Universitas Nasional, Jakarta, Indonesia

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TINDAKAN PIDANA MATI TERHADAP HAK ASASI MANUSIA (ANALISIS PADA TERDAKWA KASUS NARKOTIKA DI INDONESIA) Rizky Yudi Pradipta; Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

In 2010 the General Assembly of the United Nations (UN) voted for 109 countries to approve the death penalty. Still, 41 countries did not agree based on the decision, one of which was Indonesia. To break the narcotics network in Indonesia, the application of severe punishment in the form of the death penalty is carried out as a preventive measure. The State of Indonesia established these rules in the 1945 Constitution, which is the legal basis for implementing state life and the welfare of the Indonesian people. However, implementing the death penalty contains different views from various groups. These factors include law enforcers who are not firm and social conditions that do not support and involve human rights. This study will use the method of normative juridical that researchers will analyze based on secondary data, which includes books, previous research, and news. The data analysis technique in this study is called "library research" or normative juridical, namely through data processing, systematization, and interpretation of the qualitative analysis. The findings of this study are that the death penalty does not affect human rights (HAM), and the application of the death penalty in Indonesia must follow the decision of the Constitutional Court or based on court decisions. In undergoing a court decision, the defendant still has the opportunity to obtain clemency (pardon) which is the right of every perpetrator of the death penalty.
ANALISIS YURIDIS PENGUPAHAN PADA SEKOLAH DASAR ISLAM TERPADU AL HAMIDIYYAH BOJONGGEDE KABUPATEN BOGOR Ahmad Madroji; Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 4 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Because the characteristics of education are non-profit, the most appropriate form of legal entity is a foundation. According to article 1 point 1 of Law no. 16 of 2001 concerning Foundations as Amended by Law no. 28 of 2004 (Foundation Law), a foundation is a legal entity consisting of segregated assets and intended to achieve certain goals in the social, religious and humanitarian fields. A polemic arose regarding remuneration based on the Law on Teachers and Lecturers Number 14 of 2005 in article 15 paragraph 3 which reads as follows; 'Teachers appointed by education units organized by the community are given a salary based on a work agreement or collective bargaining agreement. Apart from that, there is a strengthening of article 21 of Government Regulation Number 36 of 2021 concerning Wages which reads; ``That the structure and scale of wages is an obligation that must be prepared and implemented by the Company with due regard to productivity and capabilities`. So with the clause mentioning 'Teacher remuneration by the Foundation is determined based on a work agreement or collective work agreement' based on laws and government regulations regarding wages, it becomes clear that remuneration practices in private schools are not standardized in terms of remuneration and moreover fulfilling the rights of teachers for a decent living.
ANALISIS YURIDIS TANGGUNG JAWAB PELATIHAN PEKERJA SWASTA KAJIAN PERBANDINGAN UU NO.13 TAHUN 2003 TENTANG KETENAGAKERJAAN DENGAN UU NO.11TAHUN 2020 TENTANG CIPTA KERJA Fahruji Hi Jamal; Rumainur
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
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Juridical Analysis of Private Worker Training Responsibilities Comparative Study of Law no. 13 of 2003 concerning Employment With Law no. 11 of 2020 concerning Job Creation. The formulation of the problem in this research is: (1) What are the provisions that train private workers in Indonesia? (2) What are the Responsibilities and Obstacles of Implementing Private Worker Training Comparative Study of Law No. 13 of 2003 concerning Manpower and Law No. 11 of 2020 concerning Job Creation.? (3) How Should Private Workers in Indonesia be Trained in the Future Mass?. In this sentence using normative research methods. From the results of research, discussion and analysis it can be concluded that: That the comparison of Law. No. 11 of 2020 concerning Job Creation with the Manpower Law, which then contains several substances that change and delete the substance contained in the Manpower Law. work including regarding government training institutions as referred to in paragraph (1) letter a in organizing job training can cooperate with the private sector. As for the author's suggestion that local governments should prioritize Vocational Training Centers as a forum for handling unemployment rates in all private agencies throughout Indonesia especially in manufacturing companies
ANALISIS PERBANDINGAN PENGATURAN PEMUTUSAN HUBUNGAN KERJA (PHK) DAN PENYELESAIAN PERSELISIHAN KARYAWAN TETAP (PKWTT)DI INDONESIA DAN SINGAPURA Ridwan Amarulloh; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
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Labor is an important component in a country's industrial wheels. Legal certainty governing labor rights is very necessary to protect workers' interests and ensure harmonious working relationships. Regulations on Termination of Employment Relations (PHK) and Settlement of Permanent Employee Disputes (PKWTT) in Indonesia adhere to the Civil Law legal system, while Singapore adheres to the legal tradition. Common Law. The differences are reflected in the legal regulations and dispute resolution procedures in the two countries. This research is normative juridical legal research using comparative legal methods. Therefore, the data source used is a secondary data source collected using library research techniques. After the data is collected, the data is processed and analyzed using descriptive qualitative analysis methods, meaning that the data is grouped based on the aspects studied, then conclusions are drawn and explained descriptively. Based on the research results, both countries have similarities in the types of Termination of Employment Relations (PHK), but in dispute resolution there are differences, in Settlement of disputes Termination of Employment Relations (PHK) in Indonesia is generally through non-litigation channels (mediation, conciliation, arbitration) or litigation (Industrial Relations Court) whereas in Singapore there is more emphasis on resolving disputes through non-litigation channels, such as mediation and arbitration.
ANALISIS YURIDIS HUBUNGAN KERJA TENAGA MEDIS (DOKTER) DENGAN RUMAH SAKIT(STUDI KASUS PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR : 36 K/Pdt.Sus-PHI/2023) Andi Kinang; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
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This case focuses on the dispute over whether the employment relationship between medical personnel/doctors and hospitals is an employment relationship based on an employment agreement or a partnership agreement, which has an impact on legal protection for medical personnel/doctors. This decision emphasizes the importance of clarity on the status of the employment relationship between medical personnel/doctors and hospitals in determining the rights of medical personnel/doctors, including wages, benefits, and social and legal protection. The problem in this study is more about how the legal regulations and Settlement of Industrial Relations Disputes between medical personnel/doctors and hospitals and how the case of the position of legal protection and Settlement of Industrial Relations Disputes of medical personnel/doctors and legal considerations of the Supreme Court of the Republic of Indonesia based on the decision of case Number 36 K/Pdt.Sus-PHI/2023 in providing legal certainty regarding the employment relationship of medical personnel/doctors with hospitals in the future. The writing method used in this study is normative juridical, namely a literature study with the process of collecting materials, data and materials containing the employment relationship between medical personnel, doctors and hospitals. Based on the research results, it was concluded that the working relationship between medical personnel/doctors and hospitals can be in the form of a working relationship or a cooperative relationship as a hospital partner, which affects the rights and obligations of each party.Keywords: Legal certainty, work partner relations, doctors and hospitals.
PENYELESAIAN SENGKETA PENERIMA WARALABA DALAM PERJANJIAN WARALABA ANTARA CV. HUTAMA MANDIRI JAYA DAN PT. INDOMARCO PRISMATAMA (STUDI KASUS PUTUSAN NO. 204/Pdt.G/2021/PN Bdg) Hendra Kurniawan; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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The development of franchise businesses has grown rapidly and has become a new force for the domestic economic sector in Indonesia. One example of a franchise business that is in great demand is the minimarket franchise business. PT. Indomarco Pristama is the franchise right holder for the "Indomaret" minimarket. One of the clauses for franchisees who collaborate with PT Indomarco is to receive a cash surplus that must be given to franchisees. However, in one case there was a problem with the agreement. Based on this, the author formulates the problem, namely: 1). What are the franchise regulations according to laws and regulations in Indonesia? 2). How do judges consider franchise disputes based on decision number 204/Pdt.G/2021/PN Bdg? 3). How to resolve franchise disputes between CV. Hutama Mandiri Jaya with PT. Indomarco Prismatama according to decision number 204/Pdt.G/2021/PN Bdg?. By using normative legal research, it was concluded that franchise regulations in Indonesia are regulated in Law Number 40 of 2007 concerning Limited Liability Companies, Government Regulation Number 42 of 2007 concerning Franchising, Minister of Trade Regulation Number 71 of 2019 concerning the Implementation of Franchises. In this case, the judge's consideration was the statement of heir no. 02/LKW/VI/2020 is an authentic deed, the Deed of Establishment of CV. Hutama Mandiri Jaya Number 5 Dated 20 October 2010 is still valid, binding and has legal force recognized by the parties, Deed of Amendmentto Limited Liability Company CV. Hutama Mandiri Jaya Number 12 dated 10 September 2020is legally flawed, not binding and has no legal force. Settlement of franchise disputes between CV. Hutama Mandiri Jaya with PT. Indomarco Prismatama according to decision number 204/Pdt.G/2021/PN Bdg. Sentencing Defendant II dr / Defendant I dk (PT. Indomarco Prismatama) to pay/transfer and hand over all the cash surplus funds of the Indomaret PunclutShop of approximately Rp. 406,430,993.00,- to Plaintiff dr / Defendant II dk immediately and simultaneously; States that due to the Deed of Amendment to the Limited Liability Company CV. Hutama Mandiri Jaya Number 12 dated 10 September 2020 is not legally binding, therefore the Management of Defendant I dr / Plaintiff dk (Wilson Hidayat and William Hidayat) in the Deed is invalid and has no right either jointly or individually to act on name and for the benefit of CV Limited Company. Hutama Mandiri Jaya both inside and outside the Court; Rejecting the Reconvention Plaintiff's Reconvention lawsuit in addition to and in addition. A franchise is a business contract where there is an agreement that cannot be made public. Therefore, it is recommended that if a dispute occurs, it is resolved through negotiationsbetween the disputing parties, either directly or by appointing a legal representative, this is done in order to produce a mutual agreement that benefits both parties. If the negotiation process does not produce an agreement, then the parties submit it to arbitration or court to resolve or decide. Seeing from Decision 204/Pdt.G/2021/PN Bdg, that there is an internal dispute from the franchisee, it is recommended that a clause be added to the agreement if the is a dispute between one of the parties so that it is resolved first internally so as not to harm the other party and still exercise their rights. and obligations in accordance with agreed agreements.
PENYELESAIAN ANALISIS YURIDIS PERTANGGUNG JAWABAN PPAT ATAS AKTA JUAL BELI YANG MENGANDUNG UNSUR PERBUATAN MELAWAN HUKUM (STUDI KASUS PUTUSAN PENGADILAN NEGERI SAMPIT NOMOR08/Pdt.G/2020/PN.Spt) Mohammad Farid; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 3 (2025): Journal of Law and Nation
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This research aims to analyze juridically the responsibility of Land Deed Drafting Officials (PPAT) in making Sale and Purchase Deeds (AJB) which contain elements of unlawful acts. This study refers to the case recorded in the Sampit District Court Decision Number 08/Pdt.G/2020/PN.Spt. This case involves PPAT which is considered responsible for the AJB it made even though there are elements of unlawful acts, which have the potential to harm other parties. This research uses a normative research method with a case study approach. In this study, it was found that PPAT has an obligation to ensure the validity of the transaction object and ensure that there are no legal violations in the AJB creation process. The results of the analysis show that even though the PPAT acts as the legal party in making the deed, it can still be held responsible if there is evidence that the deed made contains elements of unlawful acts, whether in the form of fraud, falsification of documents, or transactions that are contrary to applicable legal provisions. Therefore, PPAT must be more careful in carrying out its duties so as not to be involved in actions that violate the law. This research provides recommendations for the need to increase supervision and training for PPAT to prevent similar things from happening in the future.
PERLINDUNGAN HUKUM TERHADAP INVENSI KECERDASAN BUATAN (ARTIFICIAL INTELLIGENCE) DI ERA REVOLUSI INDUSTRI4.0 DAN SOCIETY 5.0 BERDASARKAN PERSFEKTIF UNDANG-UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN Ira Sopiyah; Rumainur
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
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Legal protection of artificial intelligence inventions in the Industrial Revolution 4.0 and Society 5.0 eras is becoming very important along with the rapid development of technology and innovation. This study analyzes how Law Number 13 of 2016 concerning Patents provides a legal basis for the protection of inventions involving AI. With a normative analysis approach, this study identifies challenges and opportunities in patent regulations for AI-based innovations, including criteria for novelty, inventive step, and industrial application. The results of the study show that although the Patent Law has provided a basic framework, there are still shortcomings in accommodating the unique characteristics of AI, such as learning and adaptation capabilities. Therefore, the development of more flexible and responsive regulations is needed to protect intellectual property rights in the context of this advanced technology. This study is expected to contribute to the formulation of more effective legal policies for AI innovation in Indonesia.