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All Journal Al-Ahkam International Journal of Business, Law, and Education Devotion: Journal of Research and Community Service International Journal of Social Service and Research Indonesian Journal of Multidisciplinary Science Journal of Social Science Jurnal Indonesia Sosial Sains Jurnal Hukum Indonesia Jurnal Ekonomi, Teknologi dan Bisnis JURNAL RETENTUM Asian Journal of Social and Humanities Jurnal Greenation Sosial dan Politik Lex Librum : Jurnal Ilmu Hukum
Barthos, Megawati
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Reformulation of The Criteria for Determining the Wages of Micro, Small and Medium Enterprise Workers from The Perspective of John Rawls' Justice Theory Efendi, Lutfi; 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.v4i6.469

Abstract

This study analyzes changes in wage arrangements for micro and small business workers/laborers in the latest regulations, including the Job Creation Law, PP No. 7 of 2021, and PP No. 51 of 2023, using a normative legal approach and John Rawls' distributive justice theory. The study results show that, although the regulation provides flexibility for employers, there are still gaps in injustice due to weak monitoring mechanisms and the low bargaining power of workers. This regulation does not completely fulfill the principle of distributive justice, so a policy reformulation is needed that better protects micro and small business workers/laborers, such as setting sector-based minimum wage standards and strengthening monitoring mechanisms and legal protection. The application of Rawls' principle of justice can be the basis for this reformulation.
Evaluation of South Korea's Government Policy on Migrant Worker Protection in Safeguarding Labor Rights and Welfare Hasyim, Muhammad; Barthos, Megawati
International Journal of Social Service and Research Vol. 5 No. 7 (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.v5i6.1259

Abstract

Migrant workers constitute an essential component of the global labor landscape, including in South Korea, which has experienced increasing reliance on foreign labor across various industrial sectors. Their presence significantly contributes to national economic growth, particularly in occupations that are less desirable to the local workforce. However, behind these economic contributions, migrant workers often face serious challenges related to legal protection, fundamental rights, and guarantees of decent welfare. Many encounter discriminatory treatment, inhumane working conditions, and obstacles in accessing legal justice. Within this context, it is crucial to evaluate the policies formulated and implemented by the South Korean government in protecting migrant workers. This study adopts a normative juridical method, using legislative and conceptual approaches. This method enables the examination and analysis of applicable legal norms, both within South Korea’s domestic regulations and in international legal instruments such as ILO conventions and relevant human rights declarations. The analysis is conducted through the review of primary legal materials, including statutory regulations, as well as secondary sources such as literature, scholarly articles, and academic documents discussing legal protection, workers' rights, and principles of social justice. The study aims to develop a normative understanding of how the state should ensure the rights and welfare of migrant workers in a fair, equitable, and humane manner, and to provide a theoretical foundation for the development of more inclusive and responsive labor policies.
Copyrights Protections of Songs In Cover Version Activities Santina, Rika; Santiago, Faisal; Barthos, Megawati
Devotion : Journal of Research and Community Service Vol. 4 No. 1 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/dev.v4i1.375

Abstract

A phenomenon that is currently rife is covering songs created by other people to be uploaded on digital music media for commercial purposes without the creator's permission. While copyright violations have occurred so far, often without any meaningful legal settlement. One of the most visited digital music platforms by the public is a video-based digital music media called YouTube. The results are not copyright infringement if the creation and distribution of the Cover Version through information and communication technology media is non-commercial in nature and benefits the Author or related parties, if the Author expresses no objection to such production and distribution. If the act of covering a song does not meet the elements of Article 43 and Article 44, it is a Copyright infringement. What Gen Halilintar did was copyright infringement, because he made a cover of a song without fulfilling the above elements. The author does not fully agree with the judge's decision to completely reject Nagaswara's lawsuit, because what Gen Halilintar did was a copyright infringement. The basis for the judge's consideration was that the purpose of making cover came from subscribers. Many people cover songs through YouTube, Gen Halilintar covered Nagaswara's “Lagi Syantik” song without permission but still included the word cover and the song title. The judge found that the claim for royalties from this song fell to Wahana Musik Indonesia (WAMI) as the collective management agency, not to Gen Halilintar
Efforts for Reforming the Criminal Justice System in Implementing Rehabilitation Sentences for Drug Abusers Utomo, Kukuh Setio; Barthos, Megawati
Jurnal Ekonomi Teknologi dan Bisnis (JETBIS) Vol. 3 No. 12 (2024): JETBIS : Journal of Economics, Technology and Business
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/jetbis.v3i12.164

Abstract

Drug abuse is a serious problem affecting public health and social stability in Indonesia. The criminal justice system often faces challenges in dealing with drug abuse cases, where the punitive approach often ignores the more humane aspects of rehabilitation. This study aims to evaluate the effectiveness of rehabilitation policies in the Indonesian criminal justice system related to drug abuse and identify the obstacles faced by judges in imposing rehabilitation punishment. The research method used is normative legal research, with a statutory approach to analyze various relevant laws and policies. Data was collected through literature study and document analysis. The results showed that there are several obstacles in the implementation of rehabilitation policy, including community stigma towards drug abusers, judges' lack of knowledge about the rehabilitation process, limited rehabilitation facilities, and legal uncertainty. The research also found that despite regulations supporting rehabilitation, practices in the field often favor imprisonment.  To improve the effectiveness of rehabilitation policies, it is important to provide education and training to judges, develop quality rehabilitation facilities, improve inter-agency coordination, and conduct campaigns to reduce social stigma. These measures are expected to shift the paradigm of handling drug abuse from a retributive to a rehabilitative approach, supporting individual recovery and reintegration into society.
Legal certainty regarding online legal consultation regulations by advocates Taufan, Ridwan Anthony; Barthos, Megawati
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 3 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i3.1042

Abstract

The legal landscape surrounding online legal consultations in Indonesia is complex. This research aims to analyze the legal certainty surrounding the regulation of online legal consults by advocates in Indonesia, contributing significantly to the understanding of the existing legal framework governing these services. Thematic analysis was employed to identify key themes and patterns related to the legal and ethical challenges faced in practice. The findings provide guidance for policymakers on the need for clearer regulations, which could enhance standards and protections for both advocates and clients. Increasing advocates' knowledge about the regulations and ethics of online consultations, developing secure platforms, and clearly promoting legal services to the public are essential steps to create trust and enhance public participation in utilizing these services, while also laying the groundwork for future studies on related topics.
Legal Uncertainty in the Application of Simple Proof in Bankruptcy Cases and Suspension of Debt Payment Obligations Prasetyo, Rahmad; Barthos, Megawati
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.444

Abstract

The Asian monetary crisis of 1997 triggered significant changes in the Indonesian legal system, including the reform of bankruptcy laws marked by the emergence of Law No. 4 of 1998 and later Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations (PKPU). This crisis underscored the need for a fair and effective debt resolution mechanism. This research uses a normative juridical approach with descriptive analysis methods to examine the application of the pari passu pro rata partem concept and simple proof in the Bankruptcy Law. The data sources used are secondary data consisting of legislation, legal literature, and related court decisions. The results show that the practice of applying simple proof often leads to inconsistency in judges' decisions because the law does not clearly specify the definition of "simple" in this context. Several cases demonstrate difficulties in simply proving the existence of debts, which ultimately leads to the rejection of bankruptcy petitions. Additionally, the conflict of legal norms between the Bankruptcy Law and the Mortgage Law creates challenges in the execution of mortgage rights. Therefore, under the current context, the Bankruptcy Law, which emerged during the financial crisis, is no longer entirely relevant, and the concept of simple proof in Article 8 paragraph (4) of the Bankruptcy Law and PKPU needs to be reassessed to ensure fairness for creditors and debtors.
Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia Jasi, Askolani; Barthos, Megawati; Santiago, Faisal
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.818

Abstract

Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
Restorative Justice Crime Of Narcotics In The Elderly With Narcotic Evidence Sasongko, Bayu; Barthos, Megawati; Suparno, Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.826

Abstract

The fact that there is numerous abuse of narcotics and dangerous drugs in Indonesia today is inseparable from the many modes and justifications used by these abusers in carrying out their actions. The exploration is remembered for the regularizing juridical assessment, the strategy involved by the creator as the peculiarities concentrate on that happens connected with the utilization of helpful equity in drug cases has been performed at the examination site. The results are that the Crook Code Bill has thought about the age of the more established in the criminal system, by setting the age north of 75 years for guilty parties of criminal goes about very far they are not open to confinement. In the conversation of Article 72 of the Lawbreaker Code Bill, this age limit was deferred, between the time of "north of 70 years" or "more than 75 years" for culprits of criminal goes about quite far they were not expose to detainment. This arrangement was one of the issues forthcoming at the Detailing Group Meeting (Timus), yet at the accompanying Timus Meeting concurred that "mature more than 75 years" for culprits to try not to be condemned to jail quite far (become Article 76), considering the future that the higher it is. For the elderly who are caught in drug abuse cases, consider the interests of the perpetrators who act as victims by prioritizing rehabilitation efforts as the best way to return the perpetrators to the condition they were in before committing drug abuse
Violent Crime Policies in the Teaching and Learning Process in a Criminal Law Perspective Rohmatullah, Rohmatullah; Arief Fakrulloh, Zudan; Barthos, Megawati
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.833

Abstract

The reason for viciousness against understudies can happen on the grounds that educators don't grasp the significance of brutality and its unfortunate results. The instructor felt that the understudies would be stopped by whipping. Then again, understudies become angry and defiant to the educator. The conditions and background of acts of violence in education are strung together in a spiral relationship that can appear at any time, by any perpetrator who is involved in an educational institution, as long as there is a trigger for the incident. Recently, there have been various cases that occurred in the educational environment related to violence perpetrated by teachers against their students. Most of the occurrences are caused by the application of disciplinary norms that are too forced on students. Meanwhile, not all students are accustomed to disciplinary behavior. The wrong way of instilling discipline can be in the form of both physical and mental violence against children. The most visible thing is physical violence. It is not uncommon for this to go to court because parents feel they have been disadvantaged.
Implementation of Investigations and Investigations in Revealing Criminal Acts of Premeditated Murder Fahrur Rozi, Agus; Santiago, Faisal; Barthos, Megawati
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.839

Abstract

Efforts to investigate and investigate the crime of premeditated murder is regulated in the Criminal Procedure Code (KUHAP), namely Law Number 8 of 1981, Article 1 points 1 and 2 formulate the meaning of investigation. The reality on the ground shows that the implementation of investigations and investigations in uncovering cases of premeditated murder cannot be carried out optimally because there are obstacles to the lack of witnesses and evidence. The formulation of the problem in this study is: How is the implementation of investigations and investigations in uncovering cases of premeditated murder? The author uses an empirical juridical approach, using primary and secondary data. Data analysis using qualitative analysis. The results show that: The examination cycle should be done expertly by agents in view of regulation other than the Criminal Methodology Code which frames the legitimate reason for specialists is Police Guideline (Perpol) Number 6 of 2019 concerning the Nullification of Perkap Number 14 of 2012 concerning The executives of Criminal Examination.
Co-Authors 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