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Mukhamad Nassir Agustiawan
Universitas Bina Bangsa, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical analysis of dismissal for serious disciplinary violations by garuda cabin crew Astry Rahmalia; Mukhamad Nassir Agustiawan; Dian Samudra
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6696

Abstract

This study presents a juridical analysis of employment termination (PHK) imposed on a cabin crew member of PT Garuda Indonesia due to serious disciplinary violations, with a case study based on Court Decision Number 62/Pdt.Sus-PHI/2024/PN.Srg. The central issue examined is the act of carrying goods exceeding the permitted capacity, which was considered a breach of the Collective Labor Agreement (CLA) and customs regulations. The research aims to determine whether such conduct can serve as a valid legal basis for termination under the CLA and to analyze the judge’s legal reasoning in resolving the case. Using a normative juridical approach, this study reviews relevant statutory provisions, legal doctrines, and judicial decisions. The findings demonstrate that the employee’s actions constitute a serious disciplinary offense that can justify termination if implemented through lawful and proportional procedures. This research contributes theoretically by enriching the study of labor law, particularly concerning the balance between employers’ disciplinary authority and workers’ legal protection, and practically by offering guidance for companies and judges to ensure that termination decisions comply with justice, legal certainty, and national labor regulations.
Juridical analysis of breach of contract resolution in rural bank credit agreements Fina Nurul Amanah; Mukhamad Nassir Agustiawan; Dian Samudra
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6697

Abstract

This research aims to analyze the compliance of the Pandeglang District Court Decision No. 28/Pdt.G.S/2024/PN Pdl with Article 1239 of the Indonesian Civil Code (KUHPerdata) and to examine the judges’ legal considerations in resolving a breach of contract dispute in a credit agreement between a Rural Bank (BPR) and its debtor. This study employs a normative-empirical legal research method, combining statutory and case law analysis with field data obtained through court observation and interviews with judges and stakeholders. The study contributes theoretically by strengthening the understanding of contract law enforcement, particularly in verdicts rendered in absentia, and practically by providing guidance for judges and BPR institutions to ensure fair and consistent application of civil law. It also offers a methodological contribution by integrating normative and empirical approaches in assessing judicial decision making. This research is important because it ensures that judicial decisions in breach of contract cases reflect legal certainty, fairness, and consistency with civil law principles, especially in verdicts rendered in absentia.
A juridical review of illegal parking fees based on the regional regulation of Pandeglang regency number 4 of 2023 concerning retribution and local original income Ratu Nabilah Afifah; Mukhamad Nassir Agustiawan; Dian Samudra
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6701

Abstract

Inheritance disputes arising from gifts without a deed have become a recurring issue in society, particularly due to the persistence of informal transfer practices and limited legal awareness regarding the importance of written documentation. This research is motivated by the rampant practice of illegal parking fees in Pandeglang Regency, particularly at Pasar Badak, which violates Regional Regulation Number 4 of 2023 concerning Retribution and Regional Original Revenue (PAD). Parking retribution is an important PAD source that should be managed officially and transparently by the local government through the Department of Transportation. Illegal parking not only reduces PAD but also creates legal, social, and economic problems. The study aims to identify the causes of illegal parking at Pasar Badak and examine the legal measures taken by the Department of Transportation of Pandeglang Regency. Using normative juridical and empirical juridical approaches, data were collected through interviews, field observations, and literature studies. Findings show that weak supervision, low public legal awareness, and limited official parking facilities are the main causes of illegal parking. Efforts by the Department of Transportation, such as enforcement actions and public outreach, remain sporadic and not yet effective in ensuring sustainable law enforcement. The study recommends strengthening supervision, utilizing technology through a digital parking system, and improving inter-agency coordination to maximize PAD revenue and regulate illegal parking more effectively.
Co-Authors Astry Rahmalia Dian Samudra Fina Nurul Amanah Ratu Nabilah Afifah