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Efektivitas Penerapan Sanksi Pidana Pada Pelanggar Ketentuan Pengupahan Andi Santri Syamsuri; Syamsuddin Pasamai; Kamri Ahmad
Amanna Gappa VOLUME 27 NOMOR 2, 2019
Publisher : Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/ag.v27i2.8340

Penelitian ini bertujuan untuk mengetahui efektivitas penerapan sanksi pidana serta faktor penghambat penerapan ketentuan pengupahan menurut Undang-Undang Ketenagakerjaan Penelitian ini merupakan penelitian hukum empirik, dilakukan di Dinas Ketenagakerjaan Kota Makassar. Hasil penelitian menunjukkan bahwa penerapan sanksi pidana pada pelanggar pengupahan berdasarkan Undang-Undang Ketenagakerjaan di Kota Makassar masih kurang efektif. Hal ini dapat dilihat dari temuan pada pekerja, pemberi kerja dan pengawas mewakili pemerintah yang membenarkan tentang pengupahan di bawah ketentuan Upah Minimum Kota (UMK) dengan berbagai alasan dan kondisi perusahaan. Faktor Penghambat penerapan sanksi pidana pengupahan terjadi akibat adanya factor dari kondisi perusahaan yang tidak baik dan juga kurangnya pengetahuan tentang urgensi kepatuhan terhadap pengupahan. Sistem pengupahan tidak perlu diatur dalam bentuk sanksi pidana melainkan sanksi adminstrasi, ini dalam rangka mewujudkan prinsip ultimum remedium yang kadang-kadang menjadi dualisme dalam satu aturan. Dan diharapkan pengawas dan PPNS lebih proaktiv sebelum terjadi masalah ketenagakerjaan di Indonesia.

KEDUDUKAN HAK CIPTA SEBAGAI OBJEK WAKAF DAN AKIBAT HUKUMNYA Andi Santri Syamsuri
Jurnal Restorative Vol 1, No 1 (2023): JURNAL RESTORATIVE VOLUME 1 NO. 1
Publisher : Muhammadiyah Makassar University

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ABSTRACTWaqf is an activity of giving a cash or non-cash asset in order to generate more benefits for others. Waqf objects that can be donated are movable or immovable objects that are immovably owned. Article 15 to Article 22 of government regulation Number 42 of 2008 regarding the implementation of Law Number 2004 concerning waqf. Especially for movable objects other than money, in this case Intellectual Property Rights, is regulated in Article 21 paragraph b of Government Regulation 42 of 2008 which states that copyright is one of them. In Law Number 28 of 2014 concerning Copyright, it stipulates that copyright is a right that contains moral rights and economic rights. Specifically for moral rights, Article 5 paragraph 2 of the Copyright Act stipulates that moral rights cannot be transferred as long as the creator is still alive. If the rights inherent in copyright cannot be transferred, then is the copyright waqf still valid according to law? What are the legal consequences that arise in the practice of copyright waqf? The method used in this paper is normative juridical and descriptive-comparative research specifications. The aim is to carry out an analysis related to applicable laws and regulations by comparing them with the view of Islamic law. Data was collected through literature study, then analyzed using qualitative normative methods. The conclusion is that Copyright remains legal as a waqf object because the law does not require the transfer of all benefits to waqf but only a part of it, both physical and functional as long as it does not lose the economic value of its benefits. Then, when viewed from the various types of copyright, there are several types that cannot be donated unconditionally, due to contradictions with several fatwas of the scholars who forbid both haram substance and haram function.As for the legal consequences, in the practice of copyright waqf are: 1) Waqf is null and void if the object of waqf is convicted of being unlawful; 2) The copyright that is donated can be canceled if it has not been registered; 3) A waqif copyright can be canceled if the nazhir ignores the waqif's moral rights; 4) All Copyright Waqf Pledges are timed endowments; and 5) Copyright cannot be represented for the second time. Key Word: Copyright, Waqf, Legal Consequences

ANALISIS HUKUM TERHADAP KASUS KELEBIHAN BAYAR ANGSURAN DALAM PERJANJIAN KREDIT Syamsuri, Andi Santri; Hayyong, Muhammad Al
Restorative Journal Vol 1, No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACTThis research aims to determine the efforts to resolve defaults carried out by Bank M Makassar Branch and the juridical implications of bills that are overcharged by the bank. This research is normative legal research, namely a legal research method that functions to research the formation of law and the application of law in society. To obtain data, library research was carried out to find out the basics of the applicable law and then compare it with its application obtained through interviews with respondents. All data is then described and analyzed qualitatively. Based on the research results, the overpayment of credit installments at Bank M Makassar Branch in its implementation is an action that should not be collected by the Bank. First, this is based on acts of default that were previously carried out by the Bank regarding the existing agreement between the parties. The default was caused by a difference in implementation between what was agreed and what was implemented, namely the Bank's negligence in determining the credit installment period so that it became longer. Second, the juridical implications of bills being overcharged mean that payments will not be owed for 24 months. Payments that are not owed are the rights of the Indebted Party which must be returned.Keywords: Breach Of Contract, Credit Agreement, Bank.

URGENSI LOGO HALAL PADA PLATFORM MAKANAN DI INDONESIA Syamsuri, Andi Santri; Ribi, Himawati; AL-Hayyong, Muhammad
Restorative Journal Vol 2, No 1 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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ABSTRACTThis article describes the importance of halal logos on food exhibitions on e-commerce platforms such as GoFood, GrabFood and ShopeeFood in Indonesia. Through surveys and literature analysis, it was found that the halal logo plays a significant role in building consumer confidence and influencing purchasing decisions. The findings indicate that e-commerce platforms need to display the halal logo clearly to increase consumer confidence and guarantee the validity of the products sold. This descriptive study explains the importance of the halal logo on food sold on the Internet on food platforms so that it can be consumed by Muslims in Indonesia. Qualitative research using research literature refers to the issue and importance of certification or halal logo on food and from the results of previous research related to the problem discussed. This discussion suggests that the halal logo plays an important role in the food e-commerce platform. With increasing consumer awareness and strict regulation, it is important for entrepreneurs to ensure that their products are certified legal and that such information is clearly communicated to consumers. Collaborative efforts between governments, entrepreneurs, and e-commerce platforms are essential to building an ecosystem that supports halal products.Keywords: Urgency, Halal Logo, Food Platform, Indonesia

PENTINGNYA PENDIDIKAN KEWARGANEGARAAN TERHADAP PENINGKATAN KESADARAN HUKUM MASYARAKAT INDONESIA Syamsuri, Andi Santri; Rukman, Auliah Andika; Anggraeni, Andi Fatmawati
Restorative Journal Vol 2, No 2 (2024): JURNAL RESTORATIVE VOLUME 2 NOMOR 2
Publisher : Muhammadiyah Makassar University

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Citizenship Education (PKn) has an important role in increasing the legal awareness of Indonesian society. Legal awareness is a fundamental element in creating an orderly social life, minimizing legal violations, and fostering an attitude of responsibility as a citizen. Through Civics, people can understand their rights and obligations, recognize applicable norms and rules, and develop attitudes that are oriented towards compliance with the law. Apart from that, Civics also plays a role in instilling democratic values, strengthening critical attitudes, and encouraging active community participation in state life. The research method used is library research with a qualitative approach with descriptive analysis methods. Qualitative Therefore, effective citizenship education needs to continue to be developed in order to form a society that is legally aware, disciplined and responsible in carrying out its rights and obligations as citizens.Factors that influence the legal awareness of Indonesian society, especially the younger generation in Citizenship Education, such as; First, the national defense (Citizenship) education curriculum: A good curriculum will provide more applicable and contextual legal learning, so that students can understand law not only as theory but also in the practice of everyday life. Second, social media and mass media: Social media and mass media also play a role in shaping public opinion and legal awareness, both positively and negatively.

Legal Compliance in the Registration and Issuance of Halal Certificates in Indonesia: A Comparative Study with Malaysia Afdhal, Afdhal; Syamsuri, Andi Santri; Sari, Mutiara Dwi
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8974

This research comparatively analyzes the legal compliance frameworks governing the registration and issuance of halal certificates in Indonesia and Malaysia, two leading nations in the global halal market. It focuses on the normative juridical aspects, examining statutory provisions, institutional roles (BPJPH-MUI in Indonesia, JAKIM in Malaysia), and procedural mechanisms. The study highlights the challenges faced by Micro, Small, and Medium Enterprises (MSMEs) in Indonesia in navigating these regulations, particularly in light of Law No. 33 of 2014 and its implementing regulations. Employing a qualitative approach with statutory, case study, and literature review analyses, the research identifies key differences in regulatory centralization, enforcement strategies, and MSME support systems. Findings indicate that while both nations strive for robust halal assurance, variations in legal implementation significantly impact compliance accessibility and economic implications for businesses. The study concludes with recommendations for enhancing legal certainty and streamlining compliance, particularly for Indonesian MSMEs, drawing lessons from Malaysia's more integrated system.

Divergence of Financial Literacy Regulations and Imperatives: A Comparative Analysis of Indonesian and Malaysian Online Loans Syamsuri, Andi Santri; Afdhal, Afdhal
Bacarita Law Journal Vol 6 No 1 (2025): August (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i1.21453

The study presents a comparative analysis of online lending regulatory models in Indonesia and Malaysia, highlighting the crucial challenges in balancing rapid financial inclusion with strong consumer protection in the digital age. This study uses qualitative-comparative and empirical legal analysis approaches. This methodology includes testing policy frameworks and analysis of regulatory documents from the Financial Services Authority (OJK), Bank Negara Malaysia (BNM), and Securities Commission Malaysia (SC). The empirical approach is based on findings from a financial literacy education program involving 30 participants in Indonesia, whose effectiveness was measured through pre-test and post-test. The results show that the inclusive model in Indonesia, despite successfully expanding access, is struggling to face the massive proliferation of OJK eradicating 2,930 illegal online loans that cause significant financial losses of 3.4 trillion and erode public trust. In contrast, a conservative and segmented approach in Malaysia, by explicitly banning peer-to-peer (P2P) lending to individuals and directing digital finance to productive sectors, has effectively prevented the problem of widespread illegal lending. In conclusion, regulatory philosophy strongly shapes market outcomes and systemic risks. It emphasizes that proactive and preventive regulatory design is more effective than reactive law enforcement. As a suggestion, it is recommended that the development of a holistic regulatory strategy and the improvement of financial literacy be a national priority for Indonesia, as well as maintaining a conservative approach that has proven successful in Malaysia.

PENTINGNYA PENDIDIKAN KEWARGANEGARAAN TERHADAP PENINGKATAN KESADARAN HUKUM MASYARAKAT INDONESIA Syamsuri, Andi Santri; Rukman, Auliah Andika; Anggraeni, Andi Fatmawati
RESTORATIVE JOURNAL Vol 2 No 2 (2024): JURNAL RESTORATIVE VOLUME 2 NOMOR 2
Publisher : Muhammadiyah Makassar University

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

Citizenship Education (PKn) has an important role in increasing the legal awareness of Indonesian society. Legal awareness is a fundamental element in creating an orderly social life, minimizing legal violations, and fostering an attitude of responsibility as a citizen. Through Civics, people can understand their rights and obligations, recognize applicable norms and rules, and develop attitudes that are oriented towards compliance with the law. Apart from that, Civics also plays a role in instilling democratic values, strengthening critical attitudes, and encouraging active community participation in state life. The research method used is library research with a qualitative approach with descriptive analysis methods. Qualitative Therefore, effective citizenship education needs to continue to be developed in order to form a society that is legally aware, disciplined and responsible in carrying out its rights and obligations as citizens.Factors that influence the legal awareness of Indonesian society, especially the younger generation in Citizenship Education, such as; First, the national defense (Citizenship) education curriculum: A good curriculum will provide more applicable and contextual legal learning, so that students can understand law not only as theory but also in the practice of everyday life. Second, social media and mass media: Social media and mass media also play a role in shaping public opinion and legal awareness, both positively and negatively.

ANALISIS HUKUM TERHADAP KASUS KELEBIHAN BAYAR ANGSURAN DALAM PERJANJIAN KREDIT Syamsuri, Andi Santri; Hayyong, Muhammad Al
RESTORATIVE JOURNAL Vol 1 No 2 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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

ABSTRACTThis research aims to determine the efforts to resolve defaults carried out by Bank M Makassar Branch and the juridical implications of bills that are overcharged by the bank. This research is normative legal research, namely a legal research method that functions to research the formation of law and the application of law in society. To obtain data, library research was carried out to find out the basics of the applicable law and then compare it with its application obtained through interviews with respondents. All data is then described and analyzed qualitatively. Based on the research results, the overpayment of credit installments at Bank M Makassar Branch in its implementation is an action that should not be collected by the Bank. First, this is based on acts of default that were previously carried out by the Bank regarding the existing agreement between the parties. The default was caused by a difference in implementation between what was agreed and what was implemented, namely the Bank's negligence in determining the credit installment period so that it became longer. Second, the juridical implications of bills being overcharged mean that payments will not be owed for 24 months. Payments that are not owed are the rights of the Indebted Party which must be returned.Keywords: Breach Of Contract, Credit Agreement, Bank.

URGENSI LOGO HALAL PADA PLATFORM MAKANAN DI INDONESIA Syamsuri, Andi Santri; Ribi, Himawati; AL-Hayyong, Muhammad
RESTORATIVE JOURNAL Vol 2 No 1 (2024): Restorative Journal
Publisher : Muhammadiyah Makassar University

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

ABSTRACTThis article describes the importance of halal logos on food exhibitions on e-commerce platforms such as GoFood, GrabFood and ShopeeFood in Indonesia. Through surveys and literature analysis, it was found that the halal logo plays a significant role in building consumer confidence and influencing purchasing decisions. The findings indicate that e-commerce platforms need to display the halal logo clearly to increase consumer confidence and guarantee the validity of the products sold. This descriptive study explains the importance of the halal logo on food sold on the Internet on food platforms so that it can be consumed by Muslims in Indonesia. Qualitative research using research literature refers to the issue and importance of certification or halal logo on food and from the results of previous research related to the problem discussed. This discussion suggests that the halal logo plays an important role in the food e-commerce platform. With increasing consumer awareness and strict regulation, it is important for entrepreneurs to ensure that their products are certified legal and that such information is clearly communicated to consumers. Collaborative efforts between governments, entrepreneurs, and e-commerce platforms are essential to building an ecosystem that supports halal products.Keywords: Urgency, Halal Logo, Food Platform, Indonesia

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