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Barthos, Megawati
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Transforming Islamic Law in Indonesia from a Legal Political Perspective Yani, Ahmad; Barthos, Megawati
Al-Ahkam Volume 30, Nomor 2, Oktober 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.744 KB) | DOI: 10.21580/ahkam.2020.30.2.6333

Abstract

This article aims to discuss the transformation of Islamic law in Indonesia. This research is qualitative in the form of a literature study with a political-law approach. The idea of this paper is based on a misunderstanding of Islamic law and Islamic law and fiqh. Issues related to the debate on the application of Islamic law in the contemporary era also contribute to thoughts in this paper. This paper concludes that the transformation of Islamic law into national law is a difficult task. This is because Indonesia is a multi-cultural, multi-ethnic, and multi-religious country. The most important reason is due to the variety of Muslim understanding of religious texts
Penerapan Corporate Social Responsibility (CSR), Antara Tantangan dan Tuntutan Barthos, Megawati; Nugraha, Lingga; Sukendar Situmorang, Suhadi; Situmeang, Ojak
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5389

Abstract

This study aims to analyze the implementation of Corporate Social Responsibility (CSR) in Indonesia, focusing on the economic, social, and environmental dimensions that form the basis for CSR policies in this country. This study also explores the challenges faced in implementing CSR policies, as well as the factors that support and inhibit the implementation of CSR by companies. In this study, it was found that although there are regulations governing CSR, the main challenge lies in the lack of clarity of policies and the mismatch between the expectations of the community, companies, and the government. Supporting factors such as organizational culture and customer demand greatly influence the success of CSR implementation. Conversely, inhibiting factors such as minimal synchronization between the government and the business world and the lack of clear technical guidelines are significant obstacles to effective implementation. Therefore, more integrated policies and collaboration between the government, companies, and the community are needed to improve the implementation of CSR that has a positive impact on social and environmental sustainability.
Inkonsistensi Pengaturan Pengelolaan Sumber Daya Nasional untuk Pertahanan Negara Barthos, Megawati; Siregar, Hotman; Leo, Maria; Loka, Cahya
JURNAL RETENTUM Vol 7 No 1 (2025): IN PROGRESS
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5409

Abstract

Penelitian ini menganalisis ketidakselarasan antara Undang-Undang Nomor 23 Tahun 2019 tentang Pengelolaan Sumber Daya Nasional untuk Pertahanan Negara dan Undang-Undang Nomor 3 Tahun 2002 tentang Pertahanan Negara dalam pengaturan ancaman nonmiliter dan hibrida. UU No. 23/2019 mencakup ancaman multidimensi, termasuk ancaman nonmiliter dan hibrida, sementara UU No. 3/2002 hanya memfokuskan peran komponen cadangan dan pendukung pada ancaman militer, sehingga menciptakan kekosongan pengaturan yang signifikan. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach) untuk mengkaji implikasi perbedaan regulasi ini terhadap efektivitas pengelolaan sumber daya nasional. Hasil penelitian menunjukkan perlunya harmonisasi regulasi dan penyusunan pedoman teknis agar komponen cadangan dan pendukung dapat berperan optimal dalam menghadapi ancaman nonmiliter dan hibrida.
Government Legal Responsibility from a Human Rights Perspective in the Health Sector Dwi Prakoso, Agung; Sara, Rineke; Barthos, Megawati
Jurnal Hukum Indonesia Vol. 3 No. 2 (2024): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v3i2.739

Abstract

Ensuring health for the community in receiving quality and adequate medical services as a basic right is the government's responsibility, which is regulated in Article 28H of the 1945 Constitution and Law Number 36 of 2009 concerning Health. The government is obliged to fulfill the public's right to health in accordance with its capabilities and resources, and must not limit or hinder the public's access to adequate health services. This research aims to protect people's rights to medical services that are supported through legal protection. This research uses a normative legal approach and uses secondary data sourced from laws, journals and analytical descriptive articles. The results of this research are used to gain deeper insight into health problems, determine them, and then proceed with scientific solutions in accordance with Law no. 39 of 1999 concerning Human Rights and Law no. 36 of 2009 concerning health. It is stated that the people's right to health is a human right for all human beings that must be fought for. The 2014 law establishes health service standards as an instrument of a legal system based on the principle of the supremacy of law to ensure compliance with health regulations as well as human rights.
Electronic Land Certificate Ownership as an Effort to Protect the Personal Data Law of the Community Ariansyah, Ruli; Barthos, Megawati; Sara, Rineke
Jurnal Hukum Indonesia Vol. 3 No. 2 (2024): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v3i2.741

Abstract

Electronic land administration will replace systems that are still conventionally based. The aim of this research is to provide protection for personal data for people who have electronic land certificates so that they are right on target. Normative legal research uses qualitative methods with secondary data originating from documents, publications and research reports, and tertiary data functions as a guide and explanation for primary and secondary data. The results of the research conclude that ownership of electronic land certificates is necessary to improve the security of electronic systems owned by the government. UURI no. 5 of 1960 concerning Agrarian Principles and Regulation of the Minister of Agrarian Spatial Planning/National Land Agency No. 1 of 2021 concerning Electronic Certificates which provides new technology in land registration services. Staff to support administration to use information technology and data validation. As a result, speed and innovation are needed to secure multiple uses of personal data. Therefore, electronic or digital certificates must be socialized first to the public to better understand and provide legal certainty in their application
Strategy for Strengthening the Implementation of Progressive Law in the Republic of Indonesia National Police Muchtarom, Achmad; Barthos, Megawati
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.v5i6.1246

Abstract

Law enforcement in Indonesia today faces serious challenges, especially in maintaining a balance between procedural justice and substantive justice. The Indonesian National Police as one of the law enforcement institutions has a strategic role in realizing a legal system that is not only based on normative legality, but also upholds the values of humanity, morality, and social justice. In this context, the progressive legal approach introduced by Satjipto Rahardjo is very relevant to be adopted and implemented by the Indonesian National Police. Progressive law offers a new paradigm in law enforcement that sides with the people, rejects procedural rigidity, and prioritizes humanitarian values as the substance of law. This study aims to normatively examine the concept of progressive law about the role and function of the Indonesian National Police and to formulate strategies that can be used to strengthen the implementation of the progressive legal approach within the Indonesian National Police. This study uses a normative juridical method, with a statutory regulatory approach and a conceptual approach. The legal materials used consist of primary legal materials such as the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 concerning the Indonesian National Police, and other related regulations. In addition, secondary legal materials are also used in the form of legal literature, scientific journals, and the views of legal experts on progressive law. This study is expected to provide theoretical contributions to the development of progressive legal discourse and provide a conceptual basis for institutional renewal within the National Police to create just and humanistic law enforcement.
Detention of Incapacitated Patients by Hospitals as a Violation of Constitutional Rights in Health Services Wiweka, Wiweka; Barthos, Megawati
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.v5i6.1247

Abstract

Detention of patients in hospitals for inability to pay is a practice that is contrary to the principles of human rights and social justice. This practice not only violates the right to individual liberty as stipulated in Article 28G paragraph (1) and Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, but also contradicts the mandate of Article 189 paragraph (1) letter f of Law Number 17 of 2023 concerning Health which requires hospitals to carry out social functions by providing services to underprivileged patients. This research aims to examine the applicable legal arrangements, evaluate the implementation of the social function of hospitals, and formulate fair and proportionate legal reforms in the face of the reality of patient detention. Using empirical juridical approaches and qualitative methods, data were collected through literature studies and interviews with relevant parties. The results of the study show that there is an imbalance between the hospital's obligation to carry out social functions and the hospital's institutional needs to cover operational costs. Unclear financing mechanisms for underprivileged patients, weak coordination between government agencies, and suboptimal regulatory supervision lead to violations of patients' rights. Therefore, comprehensive legal reform is needed by emphasizing the state's obligation to ensure health services without discrimination, as well as developing a financing mechanism that ensures the sustainability of hospitals. The reformulation of legal norms in the Health Law and its derivative apparatus must be based on the principles of social justice and the state's responsibility for the right to health, so that the law truly protects the basic rights of citizens while maintaining the balance of the health service system
Conflict of Norms for Plantation Transfer by the Government in the Labour Creation Law and Presidential Regulation Number 5 of 2025 Widodo, Wahyu; Barthos, Megawati
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.v5i6.1248

Abstract

The plantation sector in Indonesia has experienced significant regulatory dynamics after the enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Labour Creation Law into Law. The provisions in articles 110A and 110B provide administrative options for companies that have opened plantations in forest areas, namely by applying for legalization and paying administrative fines. However, Presidential Regulation Number 5 of 2025 introduces stricter sanctions in the form of land takeovers by the state without going through the administrative process regulated in the law, thus giving rise to a conflict of norms. The purpose of this study is to critically examine the contradictions between the two regulations and evaluate their impact on the legal principles of state administration, especially in the context of legal certainty and legal protection for business actors. The research method used is a normative-juridical approach through literature study and comparative analysis of relevant laws and regulations, as well as a review of administrative legal theories. The study reveals a fundamental inconsistency between the Labour Creation Law, which prioritizes administrative resolution, and Presidential Regulation 5/2025, which imposes direct land takeovers without due administrative process. This disparity creates legal uncertainty, undermines the principle of legality, and threatens the investment climate in the plantation sector. Regulatory harmonization and broad policy dissemination are needed to ensure alignment with the rule of law and promote justice for all stakeholders.
Legal Politics of Privacy Protection against Doxing Cases on Social Media Syahrial, Syahrial; Barthos, Megawati
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.v5i6.1249

Abstract

Doxing refers to the act of spreading a person's private information into the public digital sphere without consent, potentially leading to psychological distress, damage to reputation, and even physical threats. This issue has intensified with the rise of social media usage and inadequate privacy protections within Indonesia's digital environment. The legal framework governing privacy protection must be reoriented to address this challenge more comprehensively and adaptively. This study aims to explore how Indonesian laws currently regulate doxing and evaluate the effectiveness of the existing legal framework in safeguarding the privacy and self-esteem of victims. Employing a normative juridical method with a legislative approach, this research is also supported by conceptual analysis of legal doctrines. The study finds that legal protections against doxing are fragmented across various regulations, such as the ITE Law, the Personal Data Protection Law, and ministerial regulations concerning electronic systems, yet there is no explicit law that specifically addresses doxing. As a result, law enforcement often struggles to classify doxing as a specific criminal offense. The legal politics of Indonesia have been reactive, failing to meet the comprehensive needs of victims, both in terms of law enforcement and dignity restoration. This paper concludes by advocating for a more progressive, participatory, and victim-oriented legal framework, with explicit regulations on doxing that incorporate human rights-based personal data protection and mechanisms to support victims.
Reconstruction of the Rules on Compensation in the Termination of a Fixed-Term Employment Agreement in a Fair Manpower Manpower Agreement: Analysis of Article 62 of Law Number 13 of 2003 concerning Manpower Desman, Yose; Barthos, Megawati
Journal Of Social Science (JoSS) Vol 4 No 6 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i6.468

Abstract

The study discusses the urgency of reconstructing the provisions on compensation in Fixed-Term Employment Agreement (PKWT) termination as regulated in Article 62 of Law Number 13 of 2003 concerning Manpower. These provisions are deemed unjust and lack legal certainty because they do not explain in detail the elements of compensation, do not determine the implementation mechanism, and have minimal sanctions for violations. In practice, PKWT workers are often the most disadvantaged parties when there is a unilateral termination of employment by employers. By using normative legal research methods and conceptual and legislative approaches, this study analyzes the weaknesses of Article 62 norms and proposes a new formulation that is fairer, more balanced, and implementable. The recommendations submitted include an explanation of compensation forms, payment procedures, administrative sanctions, and strengthening the mechanism for supervision and dispute resolution. The results of this study are expected to contribute to the renewal of labor law that supports the protection of the rights of contract workers.
Co-Authors Agus Supriyanto ahmad yani Antoni Antoni Ariansyah, Ruli Arief Fakrulloh, Zudan Badrunsyah, Badrunsyah Bayu Sasongko Desman, Yose Dwi Prakoso, Agung Fahrur Rozi, Agus Faisal Santiago, Faisal Faisal, Thomy Jasi, Askolani Leo, Maria Lingga Nugraha Loka, Cahya Lutfi Efendi M. Zahlan, M. Zahlan Muchtarom, Achmad Muhammad Hasyim, Muhammad Prasetyo, Rahmad Ramlan, H. Rika Santina Rohmatullah, Rohmatullah Sara, Rineke Siregar, Hotman Situmeang, Ojak Sukendar Situmorang, Suhadi Suparno Suparno SYAHRIAL SYAHRIAL Taufan, Ridwan Anthony Utomo, Kukuh Setio Wahyu Widodo Wiweka Wiweka Yono Zainal Arifin Hoesein