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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum FOCUS: Journal of Social Studies IBLAM Law Review
Putranto, Rahmat Dwi
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Hukum Terhadap Wanprestasi dalam Proyek Konstruksi yang Melibatkan Pihak Perorangan: Studi Kasus Pembangunan Guesthouse. Prasetyo, Didik; Putranto, Rahmat Dwi; Harvelian, Agnes
FOCUS Vol 5 No 2 (2024): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v5i2.1692

Abstract

In the realm of construction, contracts form the fundamental basis of projects involving multiple parties with clear responsibilities and obligations. This research explores a case of breach of contract (wanprestasi) in a construction project involving an individual, which not only caused financial and reputational harm to other parties involved but also compromised the integrity and quality of the project. The legal framework governing construction services and contracts, including Article 1 paragraph (3) of Law Number 2 of 2017 concerning Construction Services, sets the ground for understanding obligations and rights under Indonesian civil law. The methodology employed in this study is a qualitative analysis, focusing on the application of legal principles, relevant regulations, and real-life practices related to cases of breach of contract using literature reviews and case document analysis. This approach has allowed for an in-depth understanding of the legal norms and the actual enforcement of laws in similar situations. The findings reveal that the specific breaches included not meeting agreed specifications and delays in project completion, which are deemed as wanprestasi under Article 1243 of the Indonesian Civil Code. These violations stem from poor project management, opaque fund usage, and unilateral decisions by the executing party, highlighting the need for stringent legal enforcement and protection for the aggrieved parties. Keywords: Construction Law, Breach of Contract, Legal Enforcement, Project Management, Civil Law
Legal Analysis of E-Commerce Transactions Based on the ITE Law and Consumer Protection Law in Indonesia Hermawan, Margin Winaya; Putranto, Rahmat Dwi
IBLAM LAW REVIEW Vol. 4 No. 3 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i3.522

Abstract

This research aims to find out how the legal position of the parties in the implementation of online arisan and to find out how legal protection for online arisan members who are harmed due to default. The research method used is normative research method. The purpose of this method is to identify legal principles, legal rules, and expert opinions to answer issues related to legal problems, such as the legality of online arisan agreements according to the Civil Code and legal protection for online arisan members in the event of default by one of the parties. From the research conducted, the author obtained the following results: First, the legal position in online arisan consists of the arisan owner as the first party, arisan members as the second party, and the admin or arisan assistant as the third party. If there is a default during the implementation of online arisan, the aggrieved party can choose to resolve the problem through family channels. If the family route is unsuccessful, then dispute resolution must be pursued through legal channels in court by submitting a subpoena. Although the online arisan agreement is unwritten, the agreement is still considered valid. Second, legal protection for online arisan members includes preventive and repressive legal protection. Preventive legal protection for online arisan members is regulated in Article 28 paragraph (1) of Law Number 19 of 2016 Concerning the Amendment to Law Number 11 of 2008, which regulates prohibited acts in electronic transactions, as well as Article 1320 and Article 1338 of the Civil Code, which regulates the provisions of the agreement so that it can be implemented properly. Meanwhile, repressive legal protection is regulated in Article 45 to Article 52 of Law Number 19 of 2016, which regulates sanctions for violation of provisions, as well as Article 1243 of the Civil Code, which discusses compensation due to default.
Kepastian Hukum Keputusan Sirkuler Di Luar Rapat Umum Pemegang Saham Atas Saham Nominee (Studi Putusan Nomor 815/PDT/2022/PT SBY) Ulfa, Raudhah Mariyah; Putranto, Rahmat Dwi
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1829

Abstract

This study analyses the legal certainty of circular resolutions outside the General Meeting of Shareholders (GMS) on nominee shares based on Decision Number 815/PDT/2022/PT SBY. This study focuses on the legality and legal implications of circular resolutions in corporate practice in Indonesia. Through a normative juridical approach and analysis of relevant regulations and case law, this study finds that circular resolutions made without fulfilling formal and material requirements may be potentially legally invalid. The results of this study provide recommendations on the need for stricter law enforcement regarding the use of nominee shares in the Indonesian legal system.
Perlindungan Hukum Anak Sebagai Saksi dalam Sistem Peradilan Pidana di Indonesia Irma, Ade; Putranto, Rahmat Dwi
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1840

Abstract

Abstract This study aims to analyze legal protection for children who act as witnesses within the criminal justice system in Indonesia. Children often face risks of trauma and intimidation during legal proceedings, which necessitates special legal protection as stipulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System. This research explores the implementation of such protection and the challenges encountered in safeguarding the rights of children as witnesses. Through a qualitative approach utilizing literature review and in-depth interviews, the study reveals that despite having an adequate legal framework, its implementation faces several obstacles. These obstacles include lack of coordination among law enforcement agencies, limited resources, and social and cultural barriers that hinder optimal protection for child witnesses. Additionally, children often do not receive adequate psychological support, while child-unfriendly legal procedures exacerbate their psychological and emotional conditions. The study recommends more comprehensive policy revisions, enhanced training for law enforcement on children's rights, and strengthening of psychosocial support and infrastructure to protect children during legal processes. Effective implementation can be achieved through increased cooperation among institutions such as the police, social workers, and child protection agencies to create a system that is more responsive to the needs of child witnesses. The study emphasizes the importance of a child-centered and rehabilitative approach to ensure their physical, mental, and social well-being throughout their involvement in criminal justice proceedings.
Analisis Yuridis Peraturan Pemerintah Nomor 25 Tahun 2024 tentang Organisasi Masyarakat Keagamaan dan Pelaksanaan Kegiatan Usaha Pertambangan Mineral dan Batubara Anggawira, Anggawira; Putranto, Rahmat Dwi
IBLAM LAW REVIEW Vol. 5 No. 2 (2025): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v5i2.608

Abstract

Penelitian ini menganalisis kerangka hukum dan implikasi dari Peraturan Pemerintah Nomor 25 Tahun 2024 tentang Organisasi Masyarakat Keagamaan dan Pelaksanaan Kegiatan Usaha Pertambangan Mineral dan Batubara. Regulasi ini menimbulkan permasalahan konstitusional dan normatif mengenai tata kelola sumber daya alam, peran organisasi keagamaan, serta prinsip penguasaan negara. Analisis yuridis ini bertujuan untuk menilai kesesuaian regulasi tersebut dengan peraturan perundang-undangan yang lebih tinggi serta mengevaluasi dampak sosial-hukumnya. Metode yang digunakan adalah penelitian yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan studi kasus. Hasil penelitian menunjukkan adanya ambiguitas hukum dan potensi konflik dengan ketentuan konstitusi. Penulis merekomendasikan revisi terhadap peraturan ini agar selaras dengan prinsip-prinsip pemerintahan yang baik dan kepastian hukum.
Interfaith Marriage in the Human Rights Perspective and the Compilation of Islamic Law Huda, Misbahul -; Putranto, Rahmat Dwi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4226

Abstract

Becoming a husband and wife via marriage is a sacred relationship shared by a woman and a man. Basically, marriage is governed by the laws of each religion. Interfaith marriage is one of the phenomenon that takes place in Indonesia. Some of these weddings were consummated in secret, but most of them were done so in public. Interfaith unions are likewise forbidden by Islam, according to Surah Al-Baqarah verse 221. Law Number 1 of 1974, article 2, also forbids interfaith unions. Interfaith weddings are still common in Indonesia, therefore this tradition has generated criticism even in the present day. Normative legal research is the methodology employed in this legal study. The findings of this study demonstrate that interfaith marriage is forbidden by the Compilation of Islamic Law (KHI) and Human Rights (HAM), which states that it is against God's mandates. All major religions forbid its adherents from marrying outside of their own faith. In order to compel all citizens to abide by the relevant legal regulations, the Marriage Law and the Compilation of Islamic Law both forbid interfaith marriages. The highest human right in terms of human rights is divinity, which means that all individuals are required to follow their god's laws. The primary issue under investigation is how Islamic law and human rights relate to interfaith marriage and the legal ramifications of the human rights perspective on such marriages, which forbids and does not accommodate interfaith unions because all of the freedoms and rights outlined in the declaration are subject to sharia, or Islamic law.
Election Law Challenges in the Digital Era Nachrawi, Gunawan -; Putranto, Rahmat Dwi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4227

Abstract

There are many benefits that can be gained from the digitalization process, but there are still many problems that exist in Indonesia. The discourse on digitizing election law enforcement is still a matter of debate. For this reason, it must be studied seriously and actually implemented. Researchers analyze based on normative juridical studies related to digitalization problems and offer solutions to overcome obstacles to digitalization of elections and law enforcement. The advancement of science and technology has both beneficial and detrimental effects on human existence. Similarly, the legal metanarrative must confront the reality of cyberspace as one of the technological advancements. A novel and all-encompassing strategy is required to solve legal metanarratives' helplessness in the face of digital obstacles.
Disruptive Innovation In Business Competition Law In The Online Transportation Sector: Legal Issues And Challenges Putranto, Rahmat Dwi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4241

Abstract

Disruptive innovation is when new technologies or novel business models penetrate established markets and bring major changes to the industry. Disruptive innovation differs from incremental innovation by introducing completely new products or services or providing solutions that are more cost-effective, convenient, or effective. This research aims to examine how disruptive innovation in the internet transportation sector impacts the application and efficacy of Competition Law in Indonesia. Qualitative methodologies are utilized to investigate the intricate legal difficulties and challenges inside the realm of online transportation. The research findings indicate that the introduction of new technologies can lead to detrimental rivalry between conventional service providers and online platforms, potentially diminishing service quality and impacting regulatory efficacy. Market dominance of internet transportation platforms can lead to monopolistic or oligopolistic practices, which may result in collusion and the misuse of market power, negatively impacting consumers and competitors. Consumer protection is a crucial concern in this scenario, since it involves ensuring security, transparency, and data privacy in online transportation services.
Co-Authors Ade Irma Agnes Harvelian, Agnes Anggawira, Anggawira Didik Prasetyo Hermawan, Margin Winaya Huda, Misbahul - Nachrawi, Gunawan - Ulfa, Raudhah Mariyah