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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) JCES (Journal of Character Education Society) SELAPARANG: Jurnal Pengabdian Masyarakat Berkemajuan Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Awang Long Law Review Jurnal Jatiswara Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Community Engagement and Emergence Journal (CEEJ) As-Syar'i : Jurnal Bimbingan & Konseling Keluarga IJECA (International Journal of Education and Curriculum Application) Media Keadilan: Jurnal Ilmu Hukum Jurnal Kompilasi Hukum Indonesian Journal of Criminal Law and Criminology (IJCLC) Collegium Studiosum Journal Journal Indonesia Law and Policy Review (JILPR) Bacarita Law Journal Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Law and Economics Al-Amal: Jurnal Pengabdian Masyarakat Journal of Transcendental Law Rechtsvinding Journal Law and Government Fundamental : Jurnal Ilmiah Hukum Jurnal Jurisprudence
Erwin, Yulias
Universitas Muhammadiyah Mataram
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Other

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FULFILLMENT OF THE RIGHTS AND LEGAL REMEDIES OF FOREIGN WORKERS WITH CONTRACT STATUS WHICH ARE CARRIED OUT OF TERMINATION OF EMPLOYMENT JUSTICE PERSPECTIVE Selamat, Selamat; Septyanun, Nurjannnah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.5962

Abstract

Foreign workers in Indonesia have skills in the transfer of knowledge or know-how. In practice, foreign workers often have problems, such as layoff disputes. This research is a normative research, with a Law approach and a Case Approach. The legal materials used are primary, secondary, and tertiary, along with the literature data collection. Data analysis is descriptive and analytical with a qualitative approach. The research results are, first, that the legal protection of the rights of foreign workers who are unilaterally laid off has been regulated in Article 62 and Article 156 of Law Number 13 of 2003 concerning Manpower and strengthened by Government Regulation Number 35 of 2021. The rights obtained by the laid-off TKA are in the form of Severance Pay, Service Period Award Money, and Rights Replacement Money. However, not all of these rights can be obtained. Second, legal remedies can be taken by workers who are laid off due to the employer's failure to fulfil their rights through litigation and non-litigation settlement efforts and in the case of TKA, based on decision Number 12/Pdt.Sus-PHI/2021/PNMtr, the rights of TKA granted by the judge are basic salary from March to September 2020, with a calculation: Rp.21,750,00.00 x 7 = Rp. 152,000,000.00. It was not granted regarding severance pay based on legal reasoning; the judge's decision still referred to the positivistic legal aspect. Keywords : Employment Rights; Foreign-Employment Force; Court-Industrial-Relations Decisions
Formulation of Joint Property Agreement: Civil Code, Balinese Customary Law, and Transcendental Justice Gunanta, I Gede; Erwin, Yulias; Septyanun, Nurjannah
Journal of Transcendental Law Vol. 7 No. 1 (2025): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v7i1.11327

Abstract

The issue of joint property agreements in marriage is an important issue in family law, especially when divorce occurs. In the context of Indonesia's positive law, the regulation of common property normatively refers to the Civil Code (KUHPercivil), especially Articles 119 to 128. However, in practice in indigenous peoples, especially Balinese people who adhere to Balinese Hindu Customary Law, the arrangement and understanding of common property has different values, norms, and structures, which are often not fully recognized in the national legal system. This normative gap raises conceptual issues regarding the recognition and legal protection of joint property agreements in two different legal systems. This research uses a normative legal approach, with legal sources coming from legislation, judges' decisions. Furthermore, legal materials are analyzed using interpretive descriptive and analytical descriptive. The results of the study show that the common property agreement must not only fulfill the elements of the validity of the agreement in a positive legal manner, but must also reflect the values of justice that live in society, especially transcendental justice, which is justice that comes from religious and spiritual values that are upheld in Balinese Hindu customs. So that the ideal formulation of the concept of a common property agreement is to integrate the normative elements of the Civil Code with Balinese Hindu customary law practices. The binding power of mutual price agreements in the context of juridical and transcendental justice, becomes a form of reconstruction of family law that recognizes the plurality of laws and places substantive and spiritual values of justice as the basis for binding agreements, without ignoring the principles of legality and formal legal validity
Marriage Aqd Validity Through Electronic Media Based on Positive Law and Islamic Law muslimah, muslimah; Septyanun, Nurjannah; Erwin, Yulias
Fundamental: Jurnal Ilmiah Hukum Vol. 12 No. 2 (2023): Fundamental: Jurnal Ilmiah Hukum
Publisher : Universitas Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34304/jf.v12i2.130

Abstract

Telecommunications technology currently has a major effect on changes in human interaction throughout their lives, including electronic media. This rapid presence of telecommunications facilities clearly affects marriage implementation in Indonesia, namely with a long-distance marriage contract (aqd) through electronic media. Thus, this raises the pros and cons about its validity in the community. This phenomenon raises issues about its validity in positive law and Islamic fiqh. The objective of this research was to contribute conducive thoughts regarding aqad nikah via electronic media and its validity in positive law and Islamic fiqh. Due to the impact of this matter, the position of marriage aqd through electronic media has not been known about its validity. Using normative legal research with conceptual, statutory and case approaches. The results of this study showed that long-distance marriage with a marriage aqd by electronic media was still valid because it clearly fulfilled an implementation's terms and conditions, both according to Islamic Fiqh Law and according to Law Number 16 of 2019 on the amendment of Law Number 1 of 1974 concerning Marriage was legal and also looked at Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions.
JURIDICAL IMPLICATIONS OF THE UTILIZATION OF COASTAL BOUNDARIES BY TOURISM ENTREPRENEURS IN TANJUNG BIAS WEST LOMBOK Sahlan, Sahlan; Erwin, Yulias; Septyanun, Nurjannah
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7571

Abstract

This study aims to find out and analyse the use and impact of beach areas that are not in accordance with laws and regulations as tourism support. The methods used in this study are normative and empirical legal methods with legislative, conceptual, case, and sociological approaches. The results of this research show that the act of privatization and the use of beach areas in West Lombok, especially in Tanjung Bias Beach, where culinary entrepreneurs in the form of cafes, restaurants and hotels tend to have an impact that results in a decrease in the function of coastal boundaries, which is characterized by the narrowing and pollution of the beach. This is certainly contrary to Regional Regulation Number 11 of 2011 concerning the Regional Spatial Plan of West Lombok Regency, that the spatial pattern plan has been determined as a tourism strategic area and an economic strategic area. Keywords: Juridical implications; Coastal Borders; Utilization, Tourism
Interpreting Marital Property and Inheritance Rights in Mixed Marriages: A Normative-Transcendental Approach Hadi, Alpan; Erwin, Yulias; Septyanun, Nurjannah; Jiwantara, Firzhal Arzhi
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.207

Abstract

Intermarriages between Indonesian citizens and foreign nationals are becoming increasingly prevalent in Indonesia's tourist regions, along with the rise of global social and cultural connections. Despite the legal recognition and protection of mixed marriages by Law Number 1 of 1974 regarding Marriage and Law Number 12 of 2006 concerning Citizenship, their execution presents numerous legal challenges, particularly concerning citizenship status, shared property ownership, and inheritance rights. This research employs a normative legal methodology, utilizing literature review as the primary technique, and analyzes Supreme Court Decision No: XXX/Pdt.G/2020/PA.Bdg as a case study. The investigation examined pertinent legal norms, jurisprudence, and relevant legal doctrines by employing a transcendental legal method to comprehend the moral and spiritual principles underpinning these legal frameworks. The study's findings indicate that the national legal system has not adequately addressed the complexities of mixed marriages characterized by divergent legal systems and cultural origins. Restrictions on land ownership by foreign nationals present issues in mixed marriage situations about joint property. Similarly, the disparities in inheritance law systems across civil law, customary law, Islamic law, and foreign frameworks impede equitable arrangements. The transcendental legal approach provides a more inclusive and equitable perspective by grounding legal interpretation in spiritual values. This study advocates for regulatory revisions and the enhancement of international legal frameworks to achieve adaptive and compassionate legal protection that aligns with substantive justice in mixed marriages.
Disparity in Judges' Decisions in Narcotics Crime Cases Raehan, Sri; Erwin, Yulias
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.v6i1.20984

Abstract

The purpose of this study is to analyze the disparity in judges' decisions in narcotics crime cases at the Praya District Court and to analyze the disparity in narcotics crime cases according to the theory of justice. This research is a normative legal study using a statutory approach, a conceptual approach, and a case approach. Legal materials were analyzed using literature and the internet. The results of the study indicate that disparity in judgments is influenced by several factors, including differences in legal interpretation by judges, the absence of standard sentencing guidelines, and subjectivity in considering aggravating and mitigating circumstances. Aggravating factors include the defendant's prior criminal record. Mitigating factors include the defendant's cooperative attitude during the trial and a promise not to repeat the offense in the future. Disparity in narcotics-related criminal cases, according to the theory of justice, is viewed from the enforcement of the law to achieve the desired legal justice. Different sentences for similar cases can be considered unfair, as they disregard the principle of “proportionality” between the offense and the punishment. From the perspective of justice theory, this disparity contradicts the principles of distributive and retributive justice because it results in unequal treatment of offenders with similar criminal acts.
PERLINDUNGAN HUKUM TERHADAP PEMBELI BERITIKAD BAIK PADA JUAL BELI HAK ATAS TANAH Amin, Muhammad; Septyanun, Nurjannah; Erwin, Yulias
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1099

Abstract

This research aims to analyze the legal considerations of judges in legal protection for buyers in good faith when buying and selling land rights which are confirmed by court decisions and the Supreme Court decision. The research method used in this research is a normative juridical approach research method, the author summarizes the Selong District Court Decision, the Mataram High Court Decision and the Supreme Court Decision. Based on the results of the research, it shows that the meaning of good faith is a buyer who buys and sells land using valid procedures/procedures and documents as determined by statutory regulations and is careful by examining matters relating to the land object being agreed upon. Legal protection for buyers with good intentions is that the Panel of Judges decides the validity of the sale and purchase carried out by the buyer. Before carrying out a land sale and purchase transaction, every prospective buyer must check the land they want to buy to ensure that there are no disputes regarding the object, ensure that the seller is the original owner of the object, it would be better for the House of Representatives to make clear regulations regarding the criteria for buyers in good faith. and firm.
TANGGUNGJAWAB PRIVATE KARYAWAN DAN PERUSAHAAN TERHADAP KERUGIAN KONSUMEN Mukhtar; Septyanun, Nurjannah; Erwin, Yulias
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1102

Abstract

In this trading activity, it is hoped that there will be a balance between the rights and obligations of business actors and consumers. For this reason, studying the implementation of private responsibilities of business actors in fulfilling consumer rights in terms of positive law in Indonesia is an interesting thing to study. The objectives of this research are 1) to find out and analyze the private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia; and 2) to find out the judge's legal reasoning regarding consumer dispute decisions in the PN.Sel decision Number 9/Pdt.G.S/2020/PN.Sel. This study uses doctrinal normative legal research, namely a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues faced. The approach used to obtain data for analysis is first, the statutory approach, second, the legal case study approach, third, the conceptual approach. This study uses qualitative data analysis, where the data is analyzed using descriptive analysis methods. From the results of the discussion, it was concluded that 1) The private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia should be rejected from the start because Defendant I is a subject domiciled in Jakarta who should be a co-Defendant, and Defendant II became Defendant I, where Defendant one had no legal relationship because Defendant I was only the employer of Defendant II. The defendant cannot make an exception in accordance with the provisions of Article 20 of Supreme Court Regulation Number 4 of 2019 concerning Amendments to Supreme Court Regulation Number 2 of 2015 concerning Methods for Settlement of Simple Claims; and 2) The decision in case Number 9/Pdt.G.S/2020/PN.Sel should be rejected, because Defendants one and two are unclear in accordance with the Plaintiff's claim and there is a discrepancy regarding the position of Defendants I and Defendants II, so that the Panel of Judges handling this case must be based on the concept of Legal reasoning.
Legal Certainty-Based Implementation of Exploration and Exploitation Authorization Permits in Iron Sand Mines Fadil, Lalu Muhammad; Septyanun, Nurjannah; Erwin, Yulias; Harun, Rina Rohayu
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i2.212

Abstract

Iron sand mining in the Dedalpak Block began in 2009 where the authority to grant mining permits ranging from mining business permits (IUP) exploration to mining business permits (IUP) for production operations was issued by the Regent of East Lombok by adhering to article 37 of Law Number 4 of 2009. However, with the enactment of Law Number 32 of 2014 Challenging Regional Governments, the authority of the iron sand mining permit was taken by the NTB Provincial Government, then with the presence of Law Number 3 of 2020 the authority for iron sand mining business licenses by PT. AMG was taken over by the Centre. In its implementation, iron sand mining by PT. AMG with the enactment of Law Number 3 of 2020 has a significant impact on the mining licensing process for iron sand production in the Dedalpak block of East Lombok, where the central government through the Director General of Energy and Mineral Resources requires thirteen conditions so that the IUP for production operations can be obtained by PT. AMG. The company, however, has not been able to meet five requirements, so its license was suspended. Another impact, the community in the Dedalpak block circle resisted by going to race through a series of protests for the mining to be closed, because it caused a large environmental impact.
Ethics-Based Information Security System Law: Immanuel Kant's Transcendental Paradigm Jaya, Indra; Septyanun, Nurjannah; Erwin, Yulias
Journal of Transcendental Law Vol. 6 No. 1 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i1.5714

Abstract

An ethics-based information security system based on Immanuel Kant's transcendental legal paradigm can give a strong foundation for tackling moral quandaries in AI, hacking, and information systems. Lavanya Singh highlights the necessity of instinctive ethics based on philosophical literature and presents a Kantian ethics application that adheres to the philosophical tradition. Meanwhile, Sanchita Saha et al. address ethical hacking as a method of disclosing vulnerabilities in information systems for the benefit of society, emphasizing ethical concerns in cybersecurity operations. Furthermore, Flávia Maria Santoro and Rosa Maria Esteves Moreira da Costa underline the significance of examining information systems via an ethical lens in order to negotiate conceptual conflicts and make informed judgments in delicate situations, which is consistent with Kant's moral philosophy. Using doctrinal research methodologies with legal material sources derived from literature studies and qualitative descriptive analysis. This study discovered that by incorporating Kant's concepts into information security systems, the transcendental legal paradigm may guide ethical decision making and promote responsible technological advancement. The Ethics-Based Information Security Systems Act, modeled after Immanuel Kant's Transcendental Paradigm, would prioritize universal ethical principles, respect for human autonomy, duty-bound behaviors, transparency, accountability, and a structured regulatory framework. The law will guarantee that information security is maintained not just through technological means, but also via a solid ethical foundation that respects the dignity and rights of all those concerned.
Co-Authors A Malik, Djamil Abd. Rahman Ady Supryadi Aesthetica Fiorini Mantika Aesthetica Fiorini Mantika Agus Hartawan Firmansyah Alpan Hadi Aminwara, Rena Ariani, Zaenafi Bahri Yamin Chintya Dewanta Dedi Afrizal Hidayat Dwi Martini Edi Yanto Fadil, Lalu Muhammad Fahrurrozi Fahrurrozi Fahrurrozi Fahrurrozi Farhan Firzhal Arzhi Jiwantara Fitriani Amelia Gunanta, I Gede Hamdi Hamdi Hamdi Hamdi Hani Usmandani Hery Widijanto Imawanto Imawanto IMAWANTO, IMAWANTO Indra Jaya Julia, Hepy Lalu Samsu Rizan LELISARI, LELISARI Lelisari, Lelisari Mantika, Aesthetica Fiorini Muh. Risnain Muhammad Amin Muhammad Padil Akbar Mukhtar Muslimah Muslimah Nasaruddin Nasaruddin Nur Oktaviani Nurjannah S Raehan, Sri Rena Aminwara Rina Rohayu Harun Rizan, Lalu Samsu Rohayu H, Rina S, Nurjannah Sahidu, Fikhan Sahlan Sahlan Sahrul Sahrul Samsul Ihsan Sarudi Sarudi Selamat, Selamat Siti Hasanah Sovi Santri Susanti Supryadi, Ady Tin Yuliani Tin Yuliani Wahyudi, Ikhsan Yogi Hadi Ismanto Yuliani, Tin Zaenafi Ariani