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All Journal SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Pembaharuan Hukum International Journal of Law Reconstruction Morality :Jurnal Ilmu Hukum Journal of Basication (JOB) : Jurnal Pendidikan Dasar NUSANTARA : Jurnal Ilmu Pengetahuan Sosial WAJAH HUKUM Jurnal Ilmu Hukum The Juris Awang Long Law Review Unes Law Review JURNAL ILMIAH ADVOKASI SIGn Jurnal Hukum Eksekusi : Journal Of Law Jurnal Ilmiah Pembelajaran Sekolah Dasar Jurnal SUBLIMAPSI UNES Journal of Swara Justisia Jurnal Pengabdian Masyarakat (ABDIRA) Journal of Language and Health Collegium Studiosum Journal Journal Of Human And Education (JAHE) Jurnal Hukum Pelita Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora Journal of Law, Poliitic and Humanities Jurnal Buana Pengabdian Innovative: Journal Of Social Science Research Gema Lingkungan Kesehatan Binamulia Hukum
Abas, Muhamad
Unknown Affiliation
Religion Aerospace Engineering Arts Humanities Automotive Engineering Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Peralihan Harta Waris oleh Seorang Ahli Waris tanpa Persetujuan Ahli Waris Lainnya (Studi Putusan Mahkamah Agung Nomor 218 K/Pdt/2020) Fauzan, Ade Ahmad; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.811

Abstract

The transfer of rights to an object can be carried out in a real way, meaning that the object obtained can be directly seen and is in the hands of the person concerned, but there is also a transfer of rights that is carried out symbolically or indirectly, only in the form of a letter or certificate, this occurs in immovable objects. The transfer of rights occurs due to the transfer of one person's property rights to another person, for example buying and selling or exchanging or in other ways that are justified by law. The purpose of this study is first to find out the transfer of inheritance according to civil inheritance law in Indonesia and secondly to find out the judge's considerations in the Supreme Court decision number 218 K/Pdt/2020. This study uses a normative juridical approach. The results of research regarding the transfer of inheritance according to civil inheritance law in Indonesia there are two forms, namely the transfer due to the Act and the transition due to a will or testament, then in the Supreme Court Decision Number 218 K / Pdt / 2020 MA stated judex facti, namely the Balige District Court was wrong apply the law so that the Supreme Court cancels and judges itself with a ruling rejecting the Plaintiff's lawsuit (Respondent's cassation).
Tinjauan Yuridis Penegakan Hukum terhadap Pelaku Tindak Pidana Pemerasan dengan Ancaman Kekerasan di Hubungkan Asas Kepastian Hukum (Studi Putusan Nomor 187/Pid.B/2021/Pn.Kwg) Gunawan, Hendri; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.812

Abstract

The problem of crime in this era of development has always been a social problem that is difficult to eradicate or eliminate. The Indonesian National Police (Polri) recorded 276,507 crimes in Indonesia in 2022. This number has increased by 7.3%. The method of coercion used in the criminal act of extortion consists of the perpetrator verbally or in writing threatening, insulting while disclosing secrets. Extortion under the law is regulated in Article 368(1) and Article 369(2). The purpose of this study is to answer the formulation of the problem, namely what are the provisions for law enforcement for the criminal act of extortion with threats based on article 368 of the Criminal Code? And what are the judges' considerations in decision number 187/Pid.B/2021/PN. KWG is related to the principle of legal certainty. The results of the study, first, law enforcement of the criminal act of extortion by threatening under Article 368 paragraph (1) must fulfill the appropriate elements in Article 368. Second, legal certainty in imposing a sentence on the perpetrators of the crime of theft according to Article 368 paragraph (1) of the Criminal Code has been fully implemented and can be proven with the completeness of facts, witnesses and information. This means that the judge's considerations are relevant to the application of article 368 of the Criminal Code.
Analisis Yuridis Kepastian Hukum Terhadap Peralihan Hak Atas Tanah dalam Jual Beli Dibawah Tangan (Studi Putusan Nomor 535/Pdt.G/2018/PN.Smg) Nurhidayah, Desyifa; Rahmatiar, Yuniar; Abas, Muhamad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.881

Abstract

The process of buying and selling land should be carried out in front of an authorized official (PPAT) in order to obtain legal certainty in the form of a Sale and Purchase Deed (AJB) as evidence of the transfer of land rights or transfer of name at the Land Office. In general, there are still many buying and selling processes that are not carried out in front of PPAT or under the hands of some people. The research method used in this research uses qualitative methods and normative juridical approach methods with secondary data as the main data based on statutory approaches and primary data as supporting data obtained in the field. In this case, the sale and purchase carried out under the hand is still valid if it is in accordance with the agreement of the parties, but to ensure legal certainty, an authentic deed made by an authorized official is needed as proof of juridically valid ownership. Legal certainty in an agreement means that the agreement made by the parties applies like a binding law. Even though it is not in accordance with the provisions of the UUPA, the legal actions that occur have met the requirements of cash, light and real. The judge in deciding the case at No.535/Pdt.G/2018/PN/Smg. Stating that the sale and purchase carried out by the parties is valid, but needs to be completed with an authentic deed if it is going to change the name of the certificate or transfer of land rights.
Pertanggungjawaban Pidana Pers dalam Tindak Pidana Pencemaran Nama Baik Dihubungkan dengan Undang-Undang Nomor 40 Tahun 1999 Tentang Pers (Studi Putusan Nomor 46./Pid.Sus/2021/Pn.Pip) Nurdin, Nurdin; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.912

Abstract

In a democratic country, press freedom is very important. As one of the pillars of democracy, the Press Institution has an important role in translating the value of freedom of opinion, obtaining reliable information, and trying to unite the nation. Press workers believe that the detention of columnists during this fair period has really stifled the imagination of press workers and endangered opportunities for articulation as guaranteed in the constitution and Law Number 40 of 1999 concerning the Press. Law Number 40 of 1999 concerning Press Review Decision Number 46./Pid relates to the issues raised in this article regarding criminal liability of the press for acts of defamation. Based on Law Number 40 of 1999 concerning the Press, the person responsible for news material is the media editor, usually represented by the Editor-in-Chief (Pemred), if legal collection occurs. This article uses a normative method to determine the criminal liability of the press. A press regulatory responsibility framework could also be imposed on press organizations. “Vicarious Liability” is the term for this kind of responsibility.
Upaya Penegakan Hukum Kepolisian Terhadap Pelaku Tawuran Antar Pelajar Dihubungkan dengan Undang-Undang Nomor 2 Tahun 2002 Tentang Kepolisian Negara Republik Indonesia (Studi Kasus Wilayah Hukum Kabupaten Karawang) Nur Elita, Raden Lita; Guntara, Deny; Abas, Muhamad; Targana, Tatang
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1014

Abstract

There are still fights that continue to occur among students in groups that are free from the supervision of law enforcement, in this case the police. The police must be able to make preventive efforts so that brawls do not occur among students in groups in areas by monitoring areas prone to conflict, providing direction and assistance to schools, parents and the local community. By carrying out supervision and direction, it is believed that brawls among students can be limited. The problems in this research are, first, how is law enforcement by the Karawang Regency regional police against perpetrators of brawls between students linked to Regulation Number 2 of 2002 concerning the State Police of the Republic of Indonesia? , secondly, what factors hinder police law enforcement efforts against perpetrators of brawls between students in the Karawang Regency area? This research uses subjective exploration and in this research the author uses a standard juridical methodology with the main information used being selected information, namely information obtained from writing research, and supporting information in the form of books, papers, articles, legal guidelines, etc. The results of the research are law enforcement efforts against perpetrators of brawls/fights between students in the Karawang area, especially the resolution of brawls, assisted through reformatory and non-punitive efforts, corrective intervention efforts have been completed including schools and students related to the fights and the variables that influence them. Then there are 4 (four) inhibiting factors, namely, law enforcement itself, limited facilities or agencies, lack of active role in prevention efforts from the community and the culture of fighting which has become a habit among students.
Analisis Yuridis Pemberhentian Hakim Mahkamah Konstitusi oleh Dewan Perwakilan Rakyat Republik Indonesia Dihubungkan dengan Undang-Undang Nomor 7 Tahun 2020 Tentang Perubahan Ketiga Atas Undang-Undang Nomor 24 Tahun 2003 Tentang Mahkamah Konstitusi Koswara, Wahyu; Guntara, Deny; Abas, Muhamad; Lubis, Adyan
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1015

Abstract

The reform resulted in changes to the 1945 Constitution, changing the Indonesian constitutional system, including dividing power horizontally functionally, namely the Executive, Legislative and Judiciary Institutions. All three have different powers according to their functions. This is to reinforce the system of checks and balances against the three institutions, but also not to interfere in the affairs of other institutions outside of their powers and functions. The removal of Judge Aswanto is one example of the Legislature's involvement in Judicial affairs, the article being that the removal of Judge Aswanto often annulled laws made by the legislature so that the removal was full of political interests. In this research, it examines and analyzes the dismissal of judges at the constitutional court by the People's Representative Council of the Republic of Indonesia in connection with Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court with a normative juridical research type so that the approach taken is a statute approach, historical approach and conceptual approach. As for the author's view, the decision to remove judge Aswanto from the House of Representatives as a legislative institution shows that the judiciary has lost its value as an independent institution. That the independence of judges should start with transparent appointments and dismissals with due regard to judicial accountability. Furthermore, the judicial power or in this case as an institution of judicial power must be free from any political interests in carrying out its duties and return the concept to Law Number 7 of 2020.
Tuntutan Pekerja Terhadap Hak Maternitas Bagi Tenaga Kerja Wanita Hamil yang Tidak di Penuhi Secara Keadilan Ditinjau Dari Perspektif Hukum Kesehatan dan Keselamatan Kerja (Studi Kasus PT. Alpen Food Industry Bekasi) Nopianti, Wike; Setiady, Tri; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1799

Abstract

Problems that arise due to the increasing number of female workers, ranging from issues of gender equality, health, legal protection and wages. The 2000 Indonesian Occupational Health and Safety (K3) training document explains that for certain chemicals, conditions in factories such as excessive heat. In this research, researchers focused on the problems that existed when the research was carried out, secondary data related to reviewing maternity rights for pregnant women workers in ensuring the safety and health of pregnant women and the fetuses they contain. Article 86 paragraph (1) of the Manpower Law emphasizes: every worker has the right to obtain protection for occupational safety and health (K3) where pregnant female workers can ask to do work that is not heavy and dangerous. PT. This AFI violates existing legislation where pregnant women workers are employed on night shifts in accordance with the Company's operations without paying attention to Occupational Health and Safety, but the author provides a strategy to increase the fulfillment of maternity rights for pregnant women workers at PT. AFI's first step involves understanding the company's understanding of the applicable legal framework, including Law Number 13 of 2003 concerning Employment, which regulates the protection of female workers, including maternity rights.
Tinjauan Normatif Tentang Tanggung Jawab Direksi Terhadap Karyawan yang Melakukan Perbuatan Melawan Hukum Memberikan Diskon Secara Sepihak Ditinjau Dari Doktrin Piercing The Corporate Veil dan Dihubungkan dengan Undang-Undang Nomor 40 Tahun 2007 Tentang P Haetami, Vikri; Abas, Muhamad; Yuniar Rahmatiar; Lubis, Adyan
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1804

Abstract

In Law No. 40 of 2007 concerning limited liability companies, the responsibilities of a director are regulated, but the directors of PT. Antam acted in bad faith in holding its employees accountable for their actions. This research uses normative juridical qualitative research methods. Based on the findings of the discussed research, it can be inferred that the implementation of Article 97, paragraph 3 of Law No. 40 of 2007 regarding Limited Liability Companies, which holds every director fully liable for company losses if proven guilty or negligent in fulfilling their duties as outlined in paragraph 2, is yet to be fully enforced. The decision of the Panel of Judges in this case does not take into account the doctrine of Piercing the Corporate Veil for directors to be responsible for the actions of their employees. As a result, employees who are under the responsibility of the directors are jointly and severally responsible with the Company's directors. The judge's considerations at the cassation level court imposed punishment not only on the PT. Antam, but rather the employees of PT. Antam was also given sanctions jointly and severally with PT. According to the author's analysis, Antam is not in accordance with the Piercing The Corporate Veil doctrine, where responsibility should be delegated entirely to the company's directors. Basically, the Piercing the Corporate Veil doctrine is a doctrine that imposes full responsibility on the company or company directors for certain things.
Penetapan Anak dari Perkawinan Campuran Ditinjau dari Undang-Undang Perkawinan Widasari, Widasari; Dewi, Sartika; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1857

Abstract

Law Number 1 of 1974, amended by Law Number 16 of 2019 concerning Marriage, regulates mixed marriages in Article 57, affirming that marriage between two individuals in Indonesia subject to different laws due to differences in nationality and one party being an Indonesian citizen. This research aims to analyze the legal consequences of mixed marriages on the establishment of children according to this Law. The study employs a normative juridical method with descriptive data analysis. Findings indicate that according to Article 42 of Law Number 1 of 1974 concerning Marriage, a legitimate child is one born within or as a result of a lawful marriage. Through a case study of judge's decision Number 471/Pdt.P/2019/PN.DPS, the judge approved the establishment of the child because the applicants fulfilled the requirements set forth to obtain authentic evidence of their marriage. The establishment of children in mixed marriages is clearly regulated by Law Number 1 of 1974, amended by Law Number 16 of 2019 concerning Marriage. However, law enforcement regarding the establishment of children in the context of mixed marriages requires compliance with the stipulated conditions in the law to ensure the validity of the child's status.
Pandangan Yuridis Terhadap Perdagangan Barang Bekas yang di Hubungkan dengan Peratuan Perlindungan Konsumen Mahmudi, Afrizal; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1858

Abstract

This study reviews the legal perspective on the sale of second-hand goods in thrift markets in the city of Bandung, based on Law No. 7 of 2014 concernings Trades and Law No. 8 of 1999 concerning Consumers Protection. A combined empirical and normative juridical approach is used with diverse data. The focus of the research is on consumer protection in purchasing second-hand clothing and the responsibilitys of businesses for the products they sell. According to Law No. 8 of 1999 on Consumer Protection, the government is responsible for supervision and guidance to protect consumers, while businesses are responsible for ensuring the safety and quality of the products offered. This research faces data limitations but provides valuable contributions to understanding the trade of second-hand goods and lays the groundwork for further policy discussions. Future research could focus on implementing laws in the trade of second-hand goods in various regions, both in thrift and online markets, for a deeper understanding of their application. This study holds significant originality in enriching understanding of the law, second-hand trade, and consumer protection, and contributes positively to the development of a fair and sustainable society.
Co-Authors Abdurakhman, Maman Aditia, Fani Agus Antoni, Mochamad Aini, Nida Qurratul Akbar, Gary Gagarin Akbar, Muhamad Gary Gagarin Akbar, Muhammad Gary Gagarin Akup, Apriliyanto Juwan Sukmana Amalia, Sitti Fadilah Amaliya, Lia Andri Susanto Andriani, Nina Anggraeni, Kiki Arafat, Zarisnov Ardiansyah, Aldi Ardiansyah, Ata Asnanda, Anggraeni Asyahadi, Farhan Asyhadi, Farhan Atmaja, Annisa Tri Ayomi, Andreas C. Bintang S, Andi Muhamad Bintang, Muhamad Budi Prayogo, Sutras Chicka Aircheny Dede Nurhayatie Dewi Putri Wibowo, Sabrina Dini Nurfalah Farhan Asyhadi Fatonah Fatonah Fauzan, Ade Ahmad Fauzi, Muhamad Jiia Febrian, M. Ibnu Gagarin Akbar, M. Gary Gary Gagarin Akbar, Muhamad Gugun Gunawan, Gugun Guntara, Deny Haetami, Vikri Hambali, Muslim Hariawan, Hariawan Hasanah, Hilyatun Hasrinda, Hasrinda Hendri Gunawan Herman, Rizky Nurjulianto Hidayat, Anwar Hilman Alfiansah Himim, Aldora Ananda Putra I Ketut Suardika Ichsan Maulana Indah Nurhayati Irawan, Angki Irawan, Surya Iswandi, Erik Ivan Hanafi Ixal, Da'i Safuad Kaimuddin, Sitti Mikarna Koswara, Wahyu Kurnia, Didiek Lestari, Widya Annisa Pudji LIA AMALIA Lubis, Adyan Lukman, Dedi Machestian, Hario Bismo Maharani, Dennisya Maharani, Syahwa Mahmudi, Afrizal Makhron, Fiki Muzaki Malau, Masnida Marhan, Citra Marpaung, Dorkas Maulida Ridfar, Lulu Mehue, Bruce Meidah, Nuryanah Tirostiah Muhammad Latif Mutiara Dewi, Chalidya Nasution, Moh Sofyan Ningrum, Wulan Cahya Nopianti, Wike Nor Khasanah, Jana Siti Nugraha Putra, Muhamad Nugroho, Gynastiar Nur Elita, Raden Lita Nurbaliza, Violita Nurdin Nurdin Nurhidayah, Desyifa Pebriyani, Pebriyani Pranata, Rifo Andi Pratama, Raka Indra Purwana, Dalih Putra, Reza Alamsyah Putri, Ina Malia R, La Ode Rafiuddin Rahmatiar , Yuniar Rahmatiar, Niar Rahmatiar, Yuniar Ramadani, Trisna Rana Dewi Siauta, Putri Rizal Aripin Robillah, Robillah Rosdiana Dewi, Elvira Rudin, Suci Ramadhani Sadjat, Rizki Safitri, Diana Alpiani Sahab, Nurlin Sampurna Banyuaji, Sampurna Sanjaya , Suyono Sanjaya, Suyono Santoso, Imam Budi Saripudin, Asep Sartika Dewi Septian, Fazrian Setiawan, Ade Yunas Shidqi Mubarok, Muhammad Sibri, Lili Sidabutar, Octaviana Sihotang, Alex Antonius Sitorus, Leonardo Sopian, Singgih Sopyan Sopyan Sri Wahyuni Sudjadi, Agung Sukarta, Dimas Tatang Wiro Sukmawati Sukmawati Suroso, Zulfiansyah Yusuf Suryadi, Ismutiah Susanti, Depi Sutrisno, Sutrisno Syahida, Nadia Targana, Tatang Toha, Imam Sofii Tri Setiady, Tri Triana Dewi, Liza Viyanda, Karina Wakono, Nur Widasari, Widasari Wilianita, Ani Wiranata, Muhammad Ardi Yulianita, Donna Yulianti, Yuli Yuniar Rahmatiar Zaenury, Ahmad Goza Zahra Alfianti, Kartika