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All Journal International Journal of Social Service and Research INJURITY: Journal of Interdisciplinary Studies Rechtsnormen Journal of Law Jurnal Greenation Sosial dan Politik
Israhadi, Evita Isretno
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Payment of Replacement Money in the Execution of Corporate Assets Based on Bankruptcy Law Nugraha, Lingga; Israhadi, Evita Isretno
Rechtsnormen Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1649

Abstract

Background: This study examines the legal framework governing the payment of compensation in the execution of corporate assets declared bankrupt under Indonesian bankruptcy law. The research highlights issues such as payment prioritization, creditor protection, and dispute resolution in cases involving bankrupt corporate assets. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations serves as the primary legal reference. Objectives: The primary objective is to analyze the application of existing legal provisions related to compensation payments in bankruptcy cases. It also seeks to identify challenges in executing bankrupt assets and propose solutions to improve legal certainty and fairness for creditors. Methods: This research employs a normative juridical approach, utilizing legal statutes, court decisions, and scholarly literature to analyze bankruptcy law. A qualitative method is applied to explore the interpretation and application of legal norms. Research Findings: The findings reveal that challenges such as ambiguity in payment prioritization, inconsistent creditor protection, and lengthy dispute resolution processes hinder the effective execution of bankrupt assets. These issues impact the equitable distribution of corporate assets among creditors. Conclusion: A clearer legal framework is essential to protect creditors' rights and ensure the execution process aligns with justice principles. Improved clarity in legal provisions can mitigate existing challenges.
Satreskrim Police Performance in Handling Land Crimes Herdianto, Suhadi Rizki; Israhadi, Evita Isretno; Riswadi, Riswadi
INJURITY: Journal of Interdisciplinary Studies Vol. 1 No. 2 (2022): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1077.392 KB) | DOI: 10.58631/injurity.v2i1.15

Abstract

The main task of the State Police of the Republic of Indonesia is to maintain public security and order, to provide protection, protection, and services as well as to enforce the law as regulated in Chapter III Article 13 of Law Number 2 of 2002 concerning the main tasks of the Indonesian National Police. The law is the entire code of conduct that applies in common life, containing alluring rules that can be imposed with a sanction. The law implementation can take place formally and peacefully, but it can also occur because violations of the law must be enforced. Law enforcement by the police also includes criminal acts that occur in land dispute cases found in police jurisdictions throughout Indonesia.
Legislation as an Effort to Oppose the Exploitation of Underage Workers in the Perspective of Human Rights Samiyono, Sugeng; Santiago, Faisal; Israhadi, Evita Isretno
INJURITY: Journal of Interdisciplinary Studies Vol. 2 No. 1 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1168.519 KB) | DOI: 10.58631/injurity.v2i1.17

Abstract

The current phenomenon is often found in children becoming laborers or workers in home industries. Some of the dominant factors causing children to become laborers were found in the field, including family, environmental influences, local potential and recruitment patterns, educational needs and future orientation, and encouragement from the children themselves. Meanwhile, the reason why employers use children as labor is caused by several things, among others, because the child comes personally to the entrepreneur, offers labor, to enter a child laborer generally through informal procedures, the workforce will be easy to manage and obedient when compared to with adult workers or for reasons of pity/pity rather than being neglected to work on the streets where the conditions are very dangerous, it is better to be recruited as workers. The philosophy of prohibiting children from working or employing children as regulated in the Manpower Law is closely related to efforts to protect children's human rights, which are also guaranteed protection in Law No. 39 of 1999 on Human Rights. Provisions that prohibit the employment of children as regulated in the provisions of Article 68 of the Manpower Law are in line with the provisions of Article 52 paragraph (1) of Law No.39 of 1999 concerning Human Rights, which stipulates that every child has the right to protection by parents, family, community and country. Law Number 23 of 2002, Article 1 Paragraph 2 states that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally by human dignity and protection, receive protection from violence and discrimination.
The Integration of Restorative Justice Principles in the Handling of Narcotics Crimes Based on the Principles of Justice and Legal Reform Sudiyanto, Sudiyanto; Israhadi, Evita Isretno
International Journal of Social Service and Research Vol. 5 No. 6 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1250

Abstract

The rehabilitation of individuals struggling with addiction to narcotics, as outlined in Law No. 35/2009, underscores a two-pronged strategy that prioritises the recovery of health and social reintegration. This approach eschews criminal retribution in favour of more holistic methods of addressing the issue. The concept of restorative justice has emerged as an alternative approach to narcotics crime resolution, emphasising the recovery of offenders, victims and communities through dialogue and deliberation, rather than punishment. However, this approach is not without its challenges, and as such, the establishment of a robust legal framework is paramount. This research aims to integrate the concept and principles of restorative justice in the handling of narcotics abuse cases in Law No. 35/2009 based on the principle of justice and examine the legal reform of the application of restorative justice in the settlement of narcotics offences. The research method employed is a normative research method through a legislative approach and analytical approach. The results obtained demonstrated that the concepts and principles of restorative justice can be integrated in handling narcotics abuse cases based on Law No. 35/2009 to realise the principle of justice. The fundamental tenet of restorative justice emphasises the rehabilitation of individuals who use narcotics as a means of recovery, superseding the mere imposition of punishment. It is therefore imperative that a comprehensive revision of Law No. 35/2009 is made in order to incorporate the restorative justice approach on a more extensive scale.
Reconstruction of Bankruptcy Law for State-Owned Enterprises and Private Enterprises in the Perspective of Economic Justice Siringoringo, Naek Mampetua; Israhadi, Evita Isretno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.364

Abstract

The current bankruptcy legal system in Indonesia shows inequality in treatment between State-Owned Enterprises (SOEs) and private companies, especially in terms of filing bankruptcy applications. In practice, SOEs often receive stronger legal protection than private companies, both because of their status as managers of public interest and government policy interventions, which give rise to economic injustice and inequality. The purpose of this study is to critically examine the differences in regulation, implementation, and propose legal reforms that ensure fairness in bankruptcy filings for SOEs and private companies. This research uses a juridical-empirical approach with reference to the theory of legal minds, legislation theory, and development law reform theory. The results of the study show that the bankruptcy arrangement for SOEs and the private sector does not reflect the principles of justice and equality before the law, because there are significant differences in treatment in submission procedures and requirements, as well as the intervention of state actors against SOEs. Legal reconstruction is needed so that bankruptcy regulations are fairer and more accommodating to dynamic economic needs, while maintaining national stability and legal certainty. The conclusion of this study is that Indonesia's bankruptcy system requires comprehensive reform based on substantive justice values, so that law is not only a technical instrument, but also a social engineering tool towards national economic balance.
Legal Reformulation of Political Rights of Members of the Indonesian National Army to Ensure Democratic Justice and Enforcement of Human Rights Ferdinal, Ocktave; Israhadi, Evita Isretno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.365

Abstract

Political rights, including the right to vote, are fundamental components of human rights as enshrined in the 1945 Constitution of the Republic of Indonesia—specifically Article 27(1), Article 28D(1), and Article 28E(3)—and further reinforced by Article 43 of Law No. 39 of 1999 concerning Human Rights. These constitutional provisions are consistent with Article 21 of the Universal Declaration of Human Rights, which affirms that “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.” In practice, however, statutory provisions such as Article 39 of Law No. 34 of 2004 on the Indonesian National Army and Article 200 of Law No. 7 of 2017 on Elections explicitly prohibit members of the Indonesian National Army from exercising their right to vote. This raises concerns regarding legal coherence and potential breaches of the principle of non-discrimination. This research examines the legal-political framework regulating the political rights of military personnel and proposes a legal reformulation grounded in the principles of human rights and equitable democratic participation. Employing a normative legal methodology, the study adopts statutory and conceptual approaches informed by the notion of non-discriminatory justice. The findings highlight inconsistencies between current legal norms and constitutional values, advocating for a phased legal reform which distinguishes between active and passive suffrage, supported by independent oversight to uphold military neutrality without infringing upon the constitutional rights of citizens.
Reformulation of Palm Oil Governance Regulations in Forest Areas Towards Legal and Ecological Justice in Indonesia Siagian, Royan; Israhadi, Evita Isretno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.387

Abstract

Ilegal oil palm plantations in forest areas are a serious challenge that threatens legal justice, environmental sustainability, and the well-being of local communities in Indonesia. This research is motivated by the rampant practice of transferring forest functions into oil palm land which often does not have a legal basis, especially in the Central Kalimantan region. The purpose of this study is to evaluate the implementation of law enforcement against illegal palm oil business actors, assess legal certainty based on the principle of justice, and formulate a more equitable legal reform model. The method used is empirical juridical research with legal, conceptual, and case approaches. The results of the study show that the implementation of Articles 110A and 110B of Law Number 6 of 2023 still faces various obstacles, such as overlapping authority, weak law enforcement capacity, and the influence of political and economic interests. Although normatively it has provided a basis for action, the regulation has not been able to realize substantive justice for the community and the environment. Theoretical analysis using the framework of Lawrence M. Friedman, John Rawls, and Jan Michiel Otto reveals the need for legal reform that is adaptive, participatory, and recognizes legal pluralism, including the recognition of customary law. In conclusion, the success of the reformulation of palm oil regulations is not enough with the tightening of administrative sanctions, but must be accompanied by institutional structuring, the use of monitoring technology, and the active involvement of local communities in the legal process. Policy recommendations are directed at the creation of socially and ecologically equitable palm oil governance through a collaborative approach between the state, communities, and business actors.
Co-Authors Faisal Santiago, Faisal Ferdinal, Ocktave Herdianto, Suhadi Rizki Lingga Nugraha Riswadi Riswadi, Riswadi Samiyono, Sugeng Siagian, Royan Siringoringo, Naek Mampetua Sudiyanto Sudiyanto