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Position And Material Contents Of Ministerial Regulation In the Perspective of the Presidential System Hari Sanjaya; Jasni bin Sulong
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.27

Regulatory obesity at the central and regional levels causes problems in the structuring of legislation. Very diverse Ministerial Regulations make it difficult for local governments to follow up. The problems studied in this study are, first, what is the position and content of ministerial regulations in the perspective of legislation and the presidential system in Indonesia? Second, how are efforts to avoid obesity in the formation of ministerial regulations in the administration of government? The two problems will be analyzed in a qualitative descriptive manner, using legislative and conceptual approaches. The results of this study conclude, first, ministerial regulations are basically not included in the hierarchy of laws and regulations, it is just that they can be issued by the minister as long as there is authority or order from a higher law to regulate them and only applies inwards for the benefit of the institution he leads. However, ministers/ministries in the presidential system are not responsible to the parliament but to the President, so the one who should set the laws and regulations should be the President; Second, to avoid obesity in the formation of ministerial regulations, the president only needs to form a Government Regulation or Presidential Regulation, and there is no need to delegate it to the minister to form the implementing regulations.

Legal Implications of Unilateral Termination of Employment on the Protection of Workers' Rights in the Indonesian Employment System Mehnaj Ayuda; Dinda Nurul Amalia; Maulana Sutan Hasibuan; Zulfirmansyah Rimbun; Jasni bin Sulong
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.250

Unilateral termination of employment (PHK) is still one of the main problems in industrial relations in Indonesia because it has the potential to ignore the normative rights of workers and cause legal uncertainty. Changes to labor regulations through Law Number 6 of 2023 concerning Job Creation are expected to be able to create a balance between the flexibility of the business world and the protection of workers, but its implementation still faces various challenges. This study aims to analyze the legal implications of unilateral termination of employment on the protection of workers' rights and examine the effectiveness of the applicable legal arrangements in the Indonesian labor system. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively through deductive reasoning methods. The results of the study show that layoffs can only be carried out based on the reasons and procedures determined by laws and regulations and must be accompanied by the fulfillment of workers' rights in the form of severance pay, service award money, and other normative rights. However, the practice of unilateral layoffs still causes economic, social, and psychological losses for workers due to weak company compliance, labor supervision, and the effectiveness of law enforcement. Therefore, legal protection of workers requires more effective implementation of regulations, optimal supervision, and consistent law enforcement to ensure legal certainty and justice in industrial relations.

Civil Law Perspectives Regarding Marriage Annulment According to the Civil Code Jasni bin Sulong; Trisnanda Rielta; Zhafira Maliha; Nayla Aulia Rangkuti; M. Radit Febrianda Hasibuan
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.756

The civil law perspective on the Civil Code regarding marriage annulment reveals the legal basis in the provisions of marriage annulment. This research uses a normative legal research method, which focuses on the study of legal norms, legal documents, and relevant literature. This article is the basis for a marriage to be annulled if there are defects in fulfilling the documents or violating the provisions that have been set. The legal basis for the annulment of marriage in the Civil Code is to maintain order in the application of marriage in Indonesia. However, often in its application this article conflicts with customary norms that apply in Indonesia. Marrying a child who is not yet of age according to the provisions of the Civil Code is a common occurrence in Indonesia. It is not uncommon for such marriages to be based on coercion from parents, which is contrary to the Marriage Law No. 1/1974 Article 6 paragraph 1. The Civil Code also regulates that marriage must be based on the agreement of both candidates Article 27. The legal basis of this article is to protect the rights not only for husband and wife but also to maintain the legitimacy of children born in the event of an annulment of marriage

Position And Material Contents Of Ministerial Regulation In the Perspective of the Presidential System Hari Sanjaya; Jasni bin Sulong
Jurnal Cendikia ISNU SU Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i1.27

Regulatory obesity at the central and regional levels causes problems in the structuring of legislation. Very diverse Ministerial Regulations make it difficult for local governments to follow up. The problems studied in this study are, first, what is the position and content of ministerial regulations in the perspective of legislation and the presidential system in Indonesia? Second, how are efforts to avoid obesity in the formation of ministerial regulations in the administration of government? The two problems will be analyzed in a qualitative descriptive manner, using legislative and conceptual approaches. The results of this study conclude, first, ministerial regulations are basically not included in the hierarchy of laws and regulations, it is just that they can be issued by the minister as long as there is authority or order from a higher law to regulate them and only applies inwards for the benefit of the institution he leads. However, ministers/ministries in the presidential system are not responsible to the parliament but to the President, so the one who should set the laws and regulations should be the President; Second, to avoid obesity in the formation of ministerial regulations, the president only needs to form a Government Regulation or Presidential Regulation, and there is no need to delegate it to the minister to form the implementing regulations.

Legal Implications of Unilateral Termination of Employment on the Protection of Workers' Rights in the Indonesian Employment System Mehnaj Ayuda; Dinda Nurul Amalia; Maulana Sutan Hasibuan; Zulfirmansyah Rimbun; Jasni bin Sulong
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.250

Unilateral termination of employment (PHK) is still one of the main problems in industrial relations in Indonesia because it has the potential to ignore the normative rights of workers and cause legal uncertainty. Changes to labor regulations through Law Number 6 of 2023 concerning Job Creation are expected to be able to create a balance between the flexibility of the business world and the protection of workers, but its implementation still faces various challenges. This study aims to analyze the legal implications of unilateral termination of employment on the protection of workers' rights and examine the effectiveness of the applicable legal arrangements in the Indonesian labor system. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively through deductive reasoning methods. The results of the study show that layoffs can only be carried out based on the reasons and procedures determined by laws and regulations and must be accompanied by the fulfillment of workers' rights in the form of severance pay, service award money, and other normative rights. However, the practice of unilateral layoffs still causes economic, social, and psychological losses for workers due to weak company compliance, labor supervision, and the effectiveness of law enforcement. Therefore, legal protection of workers requires more effective implementation of regulations, optimal supervision, and consistent law enforcement to ensure legal certainty and justice in industrial relations.

Evidence in Islamic Criminal Law Jasni bin Sulong; Zaid Alfauza Marpaung; Gifa Nur Syahara; Sabariana Siregar
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Evidence constitutes a fundamental element in the Islamic criminal justice system, serving as the primary basis for establishing criminal liability while safeguarding the rights of the accused. Islamic criminal law upholds the principle of the presumption of innocence, whereby no individual may be convicted without clear, valid, and convincing evidence. This study aims to examine the concept of evidence in Islamic criminal law, identify the recognized forms of admissible evidence, and analyze the mechanisms for their application in criminal proceedings. This research employs a normative legal research method using a library research approach by examining the Qur'an, Hadith, classical and contemporary Islamic legal literature, statutory references, and relevant scholarly publications. The findings indicate that Islamic criminal law recognizes several forms of evidence, including confession (iqrār), testimony (shahādah), oath (yamīn), refusal to take an oath (nukūl), collective oath (qasāmah), the judge’s knowledge ('ilm al-qāḍī), and circumstantial evidence (qarīnah). Each form of evidence possesses specific legal requirements and varying evidentiary value depending on the nature of the criminal offense. The evidentiary process is governed by the principle that the burden of proof rests upon the claimant, while the defendant has the right to deny the allegation through legally recognized means. Particularly in cases involving ḥudūd and qiṣāṣ, Islamic law requires a higher standard of proof to avoid wrongful convictions and ensure justice. The study concludes that the Islamic evidentiary system is designed not only to determine criminal responsibility but also to protect human rights, uphold fairness, and ensure that judicial decisions are based on certainty rather than suspicion.

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