Garuda - Garba Rujukan Digital

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

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

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

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.

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

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.

Optimization of Personal Data Rights Protection in Artificial Intelligence Era Under Indonesia’s Cybersecurity Law Masudianto, Dwi Nugroho; Barthos, Megawati
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 7 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i7.1451

The unclear regulation regarding Artificial Intelligence (AI) in Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) poses significant challenges in personal data protection in Indonesia, especially in automatic data processing, algorithm transparency, and accountability for AI-based decisions. The current PDP Law focuses on general data protection without explicitly regulating how AI can process, store, and use personal data, thus creating legal loopholes that can be exploited by various parties. The main risks that arise include data exploitation without consent, information leakage, data scraping, and discrimination due to algorithmic bias that may harm certain individuals or groups. In addition, the black box problem phenomenon in AI-based decision-making further complicates legal accountability because the system works in a complex and difficult-to-understand way. Without strict regulations, certain companies or entities can use AI to make decisions that impact individuals without transparency or legal mechanisms that allow data subjects to sue or request explanations. Compared to the EU General Data Protection Regulation (GDPR) which has set transparency and accountability of AI systems laws, the PDP Law has yet to adopt concepts such as Explainable AI (XAI), which ensures that AI decisions can be understood by humans. Therefore, this study highlights the urgency of strengthening personal data protection regulations that cover the use of AI by referring to global practices to create a balance between technological innovation and the protection of individual rights.

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

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

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

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.

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): Jurnal Ekonomi, Teknologi dan Bisnis
Publisher : Al-Makki Publisher

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

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.

Strategic Study on Banking Credit Distribution Policy to Support the Sustainable Energy Sector for Achieving Community Welfare Rahmad Samosir, Redy; Sulaiman, Abdullah; Barthos, Megawati
Journal of World Science Vol. 3 No. 3 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i3.583

This research aims to analyze bank lending policy strategies that support the sustainable energy sector in Indonesia, with a focus on improving the effectiveness of public welfare. The research identifies the urgency of sustainable energy as a response to global environmental challenges and the need for sustainable development. With reference to Law No. 23/1999 on Bank Indonesia and Bank Indonesia Regulation No. 14/22/PBI/2012, the normative juridical method was used to analyze the relevant legal and policy frameworks, as well as lending practices by banks in Indonesia. The results revealed a gap between existing policies and the implementation of lending practices, especially in relation to sustainable energy projects. The analysis highlights the need for capacity building of banks in managing sustainable energy project risks, development of innovative financing products, and cross-sector collaboration. The research shows that transparency and adequate reporting standards can increase trust and attract more investment into sustainable energy projects. The results confirm that the suggested strategies can enhance the role of banks in supporting Indonesia's transition to sustainable energy and contribute to people's welfare. The implications of this research emphasize the importance of implementing the research recommendations to strengthen synergies between bank lending policies and sustainable energy initiatives in Indonesia.

Title

Found 35 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 35 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 35 Documents
Search