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All Journal Legal Standing : Jurnal Ilmu Hukum Unes Law Review Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Proceeding International Seminar of Islamic Studies INSPIRING LAW JOURNAL Neoclassical Legal Review: Journal of Law and Contemporary Issues
Abduh, Rachmad
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Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Criminal Law Policy on the Protection of Protected Wildlife Lesmana, Wiyata Yudha; Abduh, Rachmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.5029

Abstract

Indonesia has biodiversity and ecosystems that are so very important that protection of conservation is needed because there are many crimes against ecosystems and the environment for endangered species. This research raises the issue of the rule of law on protecting protected wildlife in Indonesia and legal efforts in protecting protected wildlife. This study aims to answer the problems that become the issue of research discussion, namely examining criminal law policies in wildlife protection in Indonesia. The method used in this study is normative juridical, which examines the literature on legislation (library research). The study results show that the government's legal regulations, policies, and laws that strengthen the factors aimed at protecting wildlife in Indonesia are very good. However, the lack of public awareness is caused by economic factors or insufficient food needs, resulting in actions prohibited by the government and laws, namely hunting and illegal trade.
Esensi Delik Obstruction of Justice Dalam Konstruksi Hukum Pidana Keysha, Saradiba; Abduh, Rachmad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1670

Abstract

Obstruction of justice is a criminal offense formulated in the Criminal Code to protect the judicial process so that it runs fairly and prevents manipulation. However, law enforcement against obstruction of justice in Indonesia is considered to be still weak due to several obstacles such as unclear article formulations, weak cooperation between related institutions, minimal internal supervision and lack of public understanding. Therefore, various comprehensive improvement efforts are needed both in terms of regulations, coordination between institutions, internal supervision, and public education so that enforcement of obstruction of justice laws can run effectively and optimally in Indonesia.
Sanksi Pidana Terhadap Pelaku Importir Pakaian Bekas Oqsana Lubis, Haviza; Abduh, Rachmad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1735

Abstract

Clothing is an essential need that is as important as food and shelter for humans. For business actors, this creates new business opportunities to provide quality clothing with various types and models but at affordable prices, so the idea arises for business actors to import used clothing. Importing used clothes is the activity of bringing used clothes from abroad into the country. These used clothes are offered at more affordable prices. This research aims to determine criminal sanctions against perpetrators who import used clothing. The method used in this research is normative juridical. The data analysis method is carried out by collecting data by reviewing primary legal materials and library materials or secondary legal materials, both in the form of documents and applicable laws and regulations. In Law Number 7 of 2014 concerning trade, regulations and sanctions are regulated against importers of used goods. The results of this research indicate that the import and trade of used clothing in Indonesia is an economic crime and is punishable by criminal penalties. Importing second-hand clothing is a criminal act of commissionism, namely a criminal act resulting from a violation of the orders of Law Number 7 of 2014 concerning Trade. Each violation carries a maximum prison sentence of 5 years with a maximum fine of 5 billion rupiah.
LEGAL PROTECTION SYSTEM FOR EQUITABLE REMUNERATION Abduh, Rachmad
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

Employment is all matters relating to the workforce at the time before, during and after the work period. The phenomenon experienced by workers is that the wages they receive are not commensurate with the cost of living, the high cost of living makes workers far from prosperous. In addition to meeting basic needs, such as clothing, food and boards, workers must also bear the cost of education for their children and must also set aside a portion of their wages to be used when workers are unable to work anymore. According to Idan Hanifah, "from a wage point of view, it is distinguished from nominal wages, namely money and real wages, namely the number of goods that can be purchased with money.Islamic religious teachings highly respect agreements that are in accordance with provisions or syara' and include work agreements between workers and employers which contain the rights and obligations of each. And Islam obliges to comply with what is born of it from the provisions of the law. Labor law is a law that regulates labor, which was originally known as labor law. One of the functions of this regulation is to make it a means of renewal in the context of development, which can be interpreted as channeling human activities that lead to development.
LEGAL STUDY OF COLLECTIVE LABOR AGREEMENTS BY COMPANIES CONDUCTING COMPANY MERGER IN IMPROVING WORKFORCE WELFARE (Study of the Merger of PT Pelabuhan Indonesia (Persero)) Salsabillah, Neifa; Abduh, Rachmad
Inspiring Law Journal Vol 1, No 1: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

The development of the Indonesian economy has also colored the pattern of Indonesian business development. This is indicated by the increasing number of companies in the trade and service sectors that carry out mergers. Where the merger of PT Pelabuhan Indonesia (Persero) or Pelindo, which is a merger of state-owned ports that officially merged on October 1, 2021. The consequences of the merger action on the welfare of the workforce in each of the previous companies must be the responsibility of the company resulting from the merger. This research method uses this type of research is a type of empirical juridical legal research using a statutory approach to the Legal Study of Collective Labor Agreements by Companies Merging Companies in Improving Labor Welfare (Study of the Merger of PT Pelabuhan Indonesia (Persero)). as for what is meant by empirical juridical legal research is research conducted by analyzing problems by combining legal materials (which are secondary data) with primary data obtained in the field. Based on the research conducted, the reason for the merger or merger of PT Pelabuhan Indonesia or Pelindo is an important step to increase the effectiveness and efficiency of national ports. Based on the agreement of the collective labor agreement between PT Pelabuhan Indonesia (Pelindo) and SPPIB 2023-2025, it was agreed to continue using the PKB from each region. The obstacles experienced by the merged company in an effort to improve the welfare of the workforce regarding employee benefits contained in PSAK24 where equalization cannot be made to all regional sub-holdings of PT Pelabuhan Indonesia (Persero) or Pelindo. The company provides legal assistance in order to improve the welfare of the workforce as a form of corporate responsibility to fulfill its obligations in the ongoing employment relationship between the company and the workforce
Legal Study of Employment Agreements Made by Companies with Workers in View of Legislation (Study at PT. Bina Artha Sei Rampah) Randu, Zaura; Abduh, Rachmad
Inspiring Law Journal Vol 1, No 1: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

The holding of a work agreement is an implementation of statutory regulations. By making a work agreement, it is intended as a reference in regulating industrial relations between employees and PT Bina Artha Ventura (Bina Artha) is a Venture Capital Company that is growing rapidly and has been actively involved in the microfinance sector in Indonesia since December 2011. So that the mission of PT Bina Artha, namely, provides easy and innovative access for Indonesian families. PT Bina Artha was able to form and develop thanks to the contribution of employees who work with high ethical standards and work enthusiasm and in accordance with the partner segments served by PT Bina Artha. The research method used in this thesis is an empirical juridical type with a statutory approach and is descriptive. Data sources involve revealed and primary data, collected through interviews, data collection, and documentation or literature studies. The analysis used is qualitative analysis. The aim of this research is to understand the form of work agreement at PT Bina Artha, assess the implementation of work agreements based on statutory regulations, and identify factors inhibiting work agreements at PT Bina Artha Sei Rampah. The results of this research are that the form of employment agreement at PT Bina Artha according to law is written. workers at PT. Bina Artha is part of the scope of work agreements in statutory regulations. PT Bina Artha's work agreement only carries out a written work agreement for an indefinite period of time (PKWTT). Implementation of work agreements at PT. Bina Artha viewed from the statutory regulations Law Number 13 of 2003 concerning Employment and Law Number 6 of 2023 concerning Job Copyright, the work agreement that has been agreed between the company and employees is a company regulation which contains all work rules, hours. work, wages, and the rights and obligations of workers or companies. This is in accordance with the principles in the Law. The inhibiting factor for employment agreements at PT Bina Artha is that the Holiday Allowance (THR) received by workers from the company does not comply with the contents of the employment agreement
Prosedur Penanganan Hukum Anak Pelaku Tindak Pidana Narkotika: Perbandingan Hukum Indonesia-Thailand Sembiring, Kirensi; Abduh, Rachmad
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11097

Abstract

This research aims to explore the sentencing regimes applied to child offenders in the context of narcotic crimes in Indonesia and Thailand, as well as conduct a comparative study on the legal handling procedures applicable in both jurisdictions. Children represent the demographic with the highest prevalence of narcotic use globally. The normative framework in Indonesia is constructed through specific legislative instruments, namely the Republic of Indonesia Law No. 35 of 2009 regarding Narcotics and the Republic of Indonesia Law No. 11 of 2012 governing the Child Criminal Justice System. In the context of Thailand, related regulations are implemented through the Narcotic Act B.E 2522 and Juvenile Court B.E 2494. Narcotic abuse can be perceived as a crime without victim (crime without victim). This terminology indicates that this illegal activity does not produce external suffering, but rather the perpetrator themselves experiences detrimental consequences. This study is a library research with a normative approach, using documentary study methods to collect information and analyzed through qualitative interpretive procedures. The investigation results reveal that the legal regimes in Indonesia and Thailand apply a rehabilitative approach, both through non-institutional and institutional interventions, with the primary focus on protecting the rights of children involved in criminal acts.
Dampak Hukum Keputusan Kepala Kepolisian Republik Indonesia Tentang Penghapusan Kewenangan Penyidikan di Kepolisian Sektor Hutasuhut, Amanda Rizda Fitria; Abduh, Rachmad
Neoclassical Legal Review: Journal of Law and Contemporary Issues Vol. 1 No. 1 (2022): Neoclassical Legal Review: Journal of Law and Contemporary Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/nlrjolci.v1i1.16872

Abstract

Keputusan Kapolri Jenderal Listyo Sigit Prabowo Nomor: Kep/613/III/2021 mengenai Penunjukan Petugas Kepolisian Sektor untuk Menjaga Keamanan dan Ketertiban Masyarakat di Daerah Tertentu dan Tidak Melakukan Penyidikan Surat Kapolri Nomor: B/1092/II/REN.1.3./2021 tanggal 17 Februari 2021 memberikan arahan terkait kewenangan polisi tertentu yang dapat digunakan oleh polisi yang tidak melakukan penyidikan dalam batas kewenangan dalam pelaksanaan tugasnya. Tidak ada investigasi yang dilakukan terkait dengan program transformasi dan penataan kelembagaan yang menjadi prioritas, upaya untuk meningkatkan kekuatan Polsek, atau rencana untuk memperbaharui kewenangan Polsek hanya untuk menjaga Kamtibmas di daerah tertentu. Karena penegak hukum pada dasarnya harus diawasi ketat, penghapusan wewenang penyidikan juga menguntungkan. Ini karena kemungkinan penegak hukum menyalahgunakan wewenang mereka dapat dikurangi terkait wewenang penyidikan dihapus. Studi ini bertujuan untuk menentukan alasan mengapa otoritas penyidikan Polsek Tiga Juhar diberhentikan dan bagaimana keputusan Kapolri mengenai penghapusan itu berdampak. Studi ini menggunakan yuridis empiris dan metode penelitian deskriptif dengan data sekunder. Setelah analisis studi keputusan yang relevan, data dikumpulkan dan diolah. Hasil penelitian menunjukkan bahwa Pasal 1 butir 8 KUHAP menetapkan bahwa penyidik adalah pejabat Polisi Negara Republik Indonesia yang diberi wewenang oleh Undang-undang untuk melakukan penyelidikan. Ini adalah dasar dari penurunan otoritas penyidikan di tingkat Kepolisian Sektor dan Keputusan Kepala Kepolisian Sektor Tiga Juhar.
Co-Authors Hutasuhut, Amanda Rizda Fitria Keysha, Saradiba Lesmana, Wiyata Yudha Oqsana Lubis, Haviza Randu, Zaura Salsabillah, Neifa Sembiring, Kirensi