Garuda - Garba Rujukan Digital

HUKUM ACARA PERADILAN PIDANA SERANGKAIAN ATURAN DAN PROSEDUR YANG MENGATUR PENEGAKAN HUKUM TERKAIT TINDAK PIDANA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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

Criminal procedural law is a set of rules and procedures governing the enforcement of criminal acts within the criminal justice system. Through criminal procedural law, the process of handling criminal cases is carried out in a structured manner, starting from the stages of inquiry, investigation, prosecution, examination in court, and implementation of court decisions. The existence of criminal procedural law aims to ensure that the law enforcement process runs in accordance with the principles of justice, legal certainty, and protection of human rights for all parties involved in criminal cases. This study aims to analyze the definition of criminal procedural law, its objectives and functions, the principles underlying its implementation, and the parties involved in the criminal justice process. In addition, this study also discusses the stages of the implementation of the criminal procedural process, the types of evidence used in criminal cases, and the differences between criminal procedural law and civil procedural law. The research method used is normative legal research with a statutory approach and a conceptual approach through literature studies of various relevant legal sources. The results of the study indicate that criminal procedural law plays an important role in systematically regulating law enforcement mechanisms and ensuring the implementation of a fair and transparent judicial process. With clear procedural rules, criminal procedure law can protect the rights of suspects, defendants, and victims, while also assisting law enforcement officials in objectively and responsibly establishing the material truth in a criminal case. Keywords: Keywords: criminal procedure law, criminal justice process, principles of criminal law, evidence, criminal justice system..

ANALISIS HUKUM INTERNASIONAL: TEORI KEBERLAKUAN, RELASI DENGAN HUKUM NASIONAL, DAN KEDUDUKANNYA DALAM SISTEM HUKUM INDONESIA MOCH DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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

International law is a set of norms and principles that govern the relations between subjects of international law, primarily states and international organizations. This article aims to analyze three main aspects in the study of international law: the theory of the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. This research uses a normative juridical approach by examining various literature, doctrines, and relevant laws and regulations. The results of the study indicate that the applicability of international law is explained through several theories, including natural law theory, the theory of the will of the state, and the objectivist theory that emphasizes the need for order in the international community. In relation to national law, two main approaches are recognized: monism and dualism. The monist approach views international law and national law as a unified legal system, while dualism considers them to be separate legal systems that require a transformation process to be applied in national law. In Indonesia, the application of international law is generally carried out through the process of ratification or ratification of international treaties into national legislation. Thus, the position of international law in the Indonesian legal system depends on the ratification mechanism, so that it has binding legal force after being adopted into national law. This article is expected to provide a conceptual understanding of the position and application of international law in the context of the Indonesian legal system. Keywords: International law, theory of the applicability of international law, the relationship between international law and national law

HUKUM INTERNASIONAL MOCH DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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

This article discusses the concept and applicability of international law and its relationship to national law, particularly in the context of the Indonesian legal system. International law is a set of norms and principles that govern relations between states, international organizations, and other subjects of international law in global relations. This study aims to analyze theories that explain the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. The research method used is a normative juridical approach by examining various legal literature, international treaties, and relevant laws and regulations. The results of the study indicate that the applicability of international law can be understood through several theories, such as monism and dualism, which explain how international law interacts with a country's national law. In practice, the relationship between international law and national law is often influenced by the legal system adopted by each country. In Indonesia, the position of international law is recognized through the ratification mechanism of international treaties and the application of international law principles in various national policies and regulations. Therefore, a comprehensive understanding of the applicability and position of international law is important to ensure harmonization between international obligations and national legal interests in facing the dynamics of global relations. Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium

ANALISIS PERBANDINGAN HAK KEBENDAAN DAN HAK PERORANGAN DALAM SISTEM HUKUM PERDATA INDONESIA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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

Property rights and individual rights are two important concepts in the civil law system that have different characteristics, principles, and legal consequences. Both types of rights are systematically regulated in the Civil Code, specifically in Book II, which regulates property and property rights, and Book III, which regulates obligations. This article aims to analyze the definitions, characteristics, and legal principles underlying property rights and individual rights, while also examining the differences between the two in terms of subject, object, nature of rights, and mechanisms for their transfer and legal protection. This research uses a normative legal approach by examining statutory provisions, legal doctrine, and relevant literature. The results show that property rights grant direct power to the rights holder over an object and can be defended against anyone (absolute). These rights are also subject to the principles of priority and droit de suite, which allow the rights to follow the object in the hands of anyone who holds the object. In contrast, individual rights are relative because they only apply between parties bound by a legal relationship or agreement. These differences are also evident in the mechanisms for the transfer of rights and the form of legal protection. Therefore, property rights have broader legal force than individual rights in the civil law system. Keywords: property rights, individual rights, civil law, Civil Code, contracts, property law

HUKUM ACARA PERADILAN TATA USAHA NEGARA (Kewenangan Peradilan Tata Usaha Negara Serta Subjek Dan Objek PTUN di Indonsesia) MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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

ABSTRACT The State Administrative Court (PTUN) is a judicial institution that plays an important role in the Indonesian legal system, particularly in resolving disputes between citizens or civil legal entities and state administrative bodies or officials. The existence of the PTUN aims to provide legal protection to the public against government administrative actions or decisions that are considered detrimental and to realize government administration based on the principles of the rule of law. This study aims to analyze the authority of the State Administrative Court in Indonesia and examine the subjects and objects within the scope of the PTUN's authority. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used include primary legal materials in the form of laws and regulations related to the State Administrative Court and secondary legal materials in the form of books, journals, and relevant legal literature. The results of the study indicate that the PTUN's authority is basically to examine, decide, and resolve state administrative disputes arising from the issuance of State Administrative Decisions by state administrative bodies or officials. The subjects in a PTUN dispute consist of the plaintiff, namely the injured person or civil legal entity, and the defendant, namely the state administrative body or official who issued the decision. The object of the PTUN dispute is the State Administrative Decision which is concrete, individual, and final and has legal consequences for the individual or civil legal entity. Thus, the existence of the PTUN plays a crucial role in ensuring legal protection for the public and overseeing government administrative actions to ensure they remain in accordance with applicable legal principles. Keywords: State Administrative Court, PTUN authority, PTUN subject, PTUN object, state administrative dispute

USULAN ATAU RANCANGAN ATURAN YANG MENGATUR TATA CARA DI PENGADILAN AGAMA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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

Religious court procedural law is a set of rules governing the procedures for resolving cases within the religious courts. These rules serve as guidelines for the parties, judges, and court officials in conducting the judicial process in an orderly, fair manner, and in accordance with applicable legal provisions. This article aims to examine the definition of religious court procedural law, its underlying principles, and the purpose and function of such procedural law in judicial practice. This research uses a normative legal approach by examining various provisions of laws and regulations and literature related to religious court procedural law. The results of the study indicate that religious courts are one of the legitimate judicial institutions within the national judicial system, authorized to examine, decide, and resolve certain cases for the Muslim community. The establishment and authority of this institution are regulated in the Religious Courts Law and its amendments. In practice, the case resolution process in religious courts begins with case registration through the clerk's office, an examination of administrative completeness, and the appointment of a panel of judges by the chief justice to examine and adjudicate the case. With the existence of religious court procedural law, it is hoped that the case resolution process will be effective, transparent, and provide legal certainty for those seeking justice. Keywords: religious court procedural law, religious courts, principles of justice, litigation process, Indonesian judicial system

DINAMIKA HUKUM PERDAGANGAN DAN KETENAGAKERJAAN DALAM ERA GLOBALISASI: ANTARA INTEGRASI PASAR DAN PERLINDUNGAN PEKERJA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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

Globalization has brought significant changes to various aspects of life, including trade and employment law. Global economic integration encourages countries to adapt their national legal systems to align with international standards and regulations. This article aims to analyze the impact of globalization on the transformation of trade and employment law and examine the challenges and opportunities that arise in this context. The research method used is a normative juridical approach by reviewing various literature, laws and regulations, and relevant legal concepts. The results of the study indicate that globalization encourages the harmonization of trade law through state involvement in the international trade system, particularly through the World Trade Organization, which demands the alignment of national regulations with global trade principles. The development of digital technology has also expanded the scope of trade through e-commerce, requiring new legal arrangements, including those related to data protection and electronic transactions. In the employment sector, globalization has given rise to new dynamics such as increased labor mobility and the development of the gig economy, which pose challenges in protecting workers' rights. In the Indonesian context, labor regulatory reform policies such as the Job Creation Law reflect the government's efforts to balance investment interests with labor protection. Thus, globalization presents both opportunities and challenges in the development of trade and employment law at the national and international levels. Keywords: Globalization, Trade Law, Employment Law, International Trade, Gig Economy

HAK ATAS TANAH USULAN TERTULIS YANG DIAJUKAN UNTUK MEMPEROLEH HAK ATAS SEBIDANG TANAH MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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

Land rights are a crucial aspect of Indonesia's agrarian legal system because they directly relate to the utilization of natural resources and provide legal certainty for the community. Regulations regarding land rights in Indonesia are primarily based on the Basic Agrarian Law, which serves as the legal basis for land control, ownership, and use. This article aims to examine the types of land rights and the mechanisms for acquiring land rights through written proposals submitted to the authorities. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that land rights regulated in Indonesia's agrarian legal system consist of permanent rights and temporary rights. Permanent rights include ownership rights, land use rights, building use rights, use rights, lease rights, land clearing rights, and forest product collection rights as stipulated in Article 16 of the UUPA. In addition, there are also temporary rights such as mortgage rights, profit-sharing business rights, easement rights, and agricultural land lease rights as stipulated in Article 53 of the UUPA. Thus, regulations regarding land rights provide a clear legal framework for individuals and legal entities to acquire and utilize land in accordance with applicable laws and regulations. Keywords: Land rights, agrarian law, UUPA, acquisition of land rights, Indonesian land law

Title

Found 8 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 8 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 8 Documents
Search