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Suwarno Abadi
Fakultas Hukum Universitas Wijaya Putra, Jl. Raya Benowo 1-3 Surabaya - Indonesia Surabaya
Humanities Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Pertanggungjawaban Pidana Advokat Tanpa Mekanisme Pemeriksaan Kode Etik Advokat Syaifudin, Arif; Abadi, Suwarno; Wijaya, Andy Usmina
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.548

Abstract

Advocates in carrying out their profession are under the protection of laws, statutes and codes of ethics, which cannot be prosecuted before a court, either civil or criminal, as long as they have good faith in defending the interests of their clients. However, in practice, many Advocates are caught in criminal cases in carrying out their professional duties. The purpose of this study is to analyze and find out the characteristics of good faith referred to in article 16 of Law Number 18 of 2003 concerning Advocates in terms of law enforcement and legal protection for the advocate profession and criminal liability for the actions of advocates in carrying out their professional duties without going through the mechanism of examining the Code of Ethics. . The theory used to analyze is law enforcement theory, legal protection theory, and criminal responsibility theory. The writing method used is normative writing method, by analyzing a legal issue through laws and regulations, literature, and other reference materials. The results of this study are that the work of a legal advisor is a work of trust in good faith to rectify the problems faced by clients whose existence is regulated and protected by law. The criminal responsibility of an advocate who commits a crime in carrying out his profession must be seen from the mistakes made by the advocate so that he is seen as having committed an act that meets the elements of a crime which must be proven first through an examination of the code of ethics. The government and/or legislators must pay more attention to and scrutinize the formation of statutory regulations so that there are no overlapping rules and so that one law does not conflict with another. As well as to strengthen the profession, it is hoped that there will be a need for stricter and more precise rules that can be used as a legal umbrella in professional life.
Analisis Yuridis Terhadap Permohonan Perwalian Anak Yang Tidak Dapat Diterima Oleh Pengadilan Negeri Yang Menimbulkan Kerugian Bagi Anak Daim, Nuryanto A.; Abadi, Suwarno
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.549

Abstract

A child who is not under the authority of his parents who apparently does not have a guardian, either one person, then in this case the judge can appoint through a court order, namely a guardian at the request of certain parties who have an interest. The exception is when the parents who live the longest include in their will (testament) to appoint or appoint a guardian for their child, then it is called a trusteeship according to a will. Trusteeship is an institution that replaces parental authority over children who have not reached a certain age (age) or are not yet married. The aim of the study was to analyze the basis for the judge's considerations in deciding the civil case Number 134/Pdt.P/2020/PN Prp which stated that it could not accept the application submitted by the applicant, which caused harm to the child. By using normative juridical methods and statutory approaches, concepts and case study approaches, the results of the research found that the basis for the judge's considerations in deciding civil cases Number 134/Pdt.P/2020/PN.Prp stated that they could not accept a request that filed by the applicant, what caused harm to the child was the consideration that during the trial the Petitioner never submitted evidence explaining HS 's heirs, then knowing the fact that there was another person who had arranged for HS 's inheritance certificate, giving rise to suspicion that someone else had become heirs of HS and there is no evidence stating that HS 's heirs other than EV are not willing to become the guardians of EV , so it is not yet possible to determine whether the Petitioner has the legal right to apply for guardianship of EV , therefore the Petitioner's petition cannot be accepted.
Penerapan Buy Back Guarantee Bagi Pembeli dan Developer Berdasarkan Undang-Undang Perlindungan Konsumen Milentina, Dinar Intan; Abadi, Suwarno
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.578

Abstract

Housing is one of the needs that must be met by all people in the world, both in developing and developed countries, in addition to food needs, proper housing certainly influences the formation of the nation's personality so that they can socialize well in society. Every year the need for houses as a place to live or occupancy is increasing due to the increasing population both in rural and urban areas. Basically, fulfilling housing needs is the responsibility of each community itself, but the state helps the community to obtain and provides convenience in obtaining housing through housing developers. Housing developers or developers who have built their homes can sell to debtors with a gradual cash payment system and Home Ownership Credit (KPR), a gradual cash payment system. For KPR, a credit agreement can be signed which contains the approved credit value and the credit loan repayment period. The credit agreement made must be known by the housing developer or developer, which can be in the form of a private deed, or a deed drawn up before a notary or land deed official.
Urgensi Undang-Undang Penilai Dalam Memberikan Perlindungan dan Kepastian Hukum Bagi Penilai Prasetyo, Arif Bagus; Abadi, Suwarno
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.579

Abstract

The preamble of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) mandates the objectives of forming the Government of the Indonesian State. These objectives include the protection of the nation and all the blood of Indonesia, as well as the progress of public welfare, national education, and contributions to world order based on independence, eternal peace, and social justice. One of the efforts to achieve these objectives is by building the national economy as a collective endeavour based on the principle of togetherness. Article 33 of the 1945 Constitution regulates the national economy with economic democracy, the principles of togetherness, just and efficient justice, sustainability, and environmental awareness. The implementation of the fifth principle of Pancasila in economic development is stipulated in Article 33 paragraphs (1)-(5) of the 1945 Constitution. The Valuer profession plays a crucial role in supporting the national economy, providing economic value, and being an important institution in economic administration. However, the existence and role of Valuers also bring risks, such as legal claims against the opinions they produce. Clear norms and complaint mechanisms are needed to maintain the independence of Valuers. The current economic development process focuses on increasing productivity through diversification and technological innovation. The Valuer profession is rapidly growing in both the government and private sectors, including banking, capital markets, financial reporting, insurance, and land procurement. However, regulations related to the Valuer profession are scattered across several laws, which require clearer arrangements to ensure legal certainty and order. Therefore, legal protection in the form of regulations within the law is necessary to guarantee the important role and independence of the Valuer profession in supporting national economic development.
Implementasi Perdagangan Karbon di Indonesia Pasca Terbitnya POJK Nomor 14 Tahun 2023 Tentang Bursa Karbon Ariyanti, Suci; Abadi, Suwarno; Taufiqurrahman, Taufiqurrahman
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.606

Abstract

POJK Number 14 of 2023 on Carbon Exchange is the Government's effort to create a carbon trading arrangement through a carbon exchange. Previously, the government issued two regulations related to carbon trading, namely Presidential Regulation Number 98 of 2021 and Minister of Environment and Forestry Regulation Number 21 of 2022. However, it turns out that these regulations still have weaknesses. This research is a normative legal research. The results show that after the enactment of POJK on Carbon Exchange, there are still weaknesses where the basis of paid-up capital as a carbon exchange organizer is exactly the same as the stock exchange rules listed in Article 3 POJK 3/2021. This provision is considered to make the carbon exchange exclusive. In addition, several rules in POJK 14/2023 such as the form of carbon trading is securities, so there will be delisting, even though carbon has no such thing as disappearing or delisting. In addition, Article 27 related to the terms and procedures of carbon exchange organizers must meet the principles of openness, access, and equal opportunity contradicts the definition of carbon as securities. This is because if the form of carbon exchange has become securities, then those who will enter will also be stock exchange players. Therefore, this regulation does not explain who can be involved in carbon trading other than the organizers. Individuals, cooperatives, communities, NGOs can be involved in carbon trading or not.
Perlindungan Hukum Bagi Konsumen Dalam Kasus Gagal Bayar Klaim Asuransi Di Indonesia Kushertin, Juli; Abadi, Suwarno; Daim, Nuryanto A.
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.609

Abstract

Good corporate governance or better known as Good Corporate Governance is a value system that is a benchmark for a company's ability to carry out operational activities and business processes in a healthy manner. The Financial Services Authority (OJK), which was formed in accordance with Republic of Indonesia Law Number 21 of 2011, is not running effectively and is considered to have been negligent in its supervision process, resulting in actions involving deviant practices such as corruption and money laundering in the case of PT Asuransi Jiwasraya consumer failure to pay. Law enforcement in order to guarantee that the public gets their rights, consumers who fail to pay PT Asuransi Jiwasraya (Persero) have found a solution through restructuring. So that urgent changes can be implemented ably by the state, financial sector reform Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector exists as legal protection. Legal protection is carried out to restore trust. Legal protection is the state's effort to compile the achievements of the Indonesian Long Term Development Plan (RPJPN) 2025-2045 as part of legal development. The aim of the research is to determine law enforcement and legal protection from criminal acts of corruption in the financial sector which operates in the insurance sector, case study PT Asuransi Jiwasraya which has a progressive legal correlation of asset confiscation. The type of research, problem approach, theory used is normative legal research with a statutory approach with a conceptual approach. The theory used to analyze is the basic theory of Lex Specialis Derogat Legi Generalis. The research results show that the application of law and corporate legal protection from criminal acts of corruption in the Jiwasraya case study is intended to provide legal certainty and legal protection to help maintain the image of good government.
Konflik Norma Mengenai Pengupahan Pada Peraturan Daerah Nomor 22 Tahun 2012 Tentang Sistem Penyelenggaraan Ketenagakerjaan Di Kabupaten Pasuruan Safana, Holis; Abadi, Suwarno
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.633

Abstract

Article 88B of the Employment Creation Act expressly stipulates the regulation of workers' wages. In the article there are concepts of wages with results and units of time based on hourly wages. Pasuruan Regency is one of the regencies that has problems with the wage system law. Regional Regulation Number 22 of 2012 namely Article 37 paragraphs 4 and 5 with an additional 5% of the Regency/City Minimum Wage value is synchronized with worker productivity which is a conflict of norms against the implementation of Regional Regulation Number 22 of 2012 concerning the system of labor administration and its enforcement. Implementation of the policy of Regional Regulation Number 22 of 2012 concerning the Employment System in Pasuruan Regency is oriented to the realization of a balance between the interests of the implementer by avoiding potential conflicts over the regulation. This research was conducted using a research method with a conceptual approach and a statutory approach. The research method approaches Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 36 of 2021 concerning Wages which considers the minimum wage. Since the stipulation of District Regulation Number 22 of 2012 concerning the Employment System in Pasuruan Regency, the focus has been on achieving a balance in realizing the interests of the executors by avoiding potential conflicts over these regulations. Legal resolution related to the conflict of norms contained in Regional Regulation Number 22 of 2012 concerning the Employment Implementation System in Pasuruan Regency, which currently can only be reached by mediation.
Keabsahan Dan Kekuatan Hukum Alat Bukti Closed Circuit Television (CCTV) Dalam Pemberlakuan Tilang Elektronik Darwoyo, Darwoyo; Abadi, Suwarno
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.637

Abstract

The application of an electronic ticket or Electronic Traffic Law Enforcement (ETLE) by the police is considered to have many problems and challenges for the police in the future, with reference to closed circuit television (CCTV) evidence that causes the gap in the use of CCTV (Closed Circuit Television) evidence in the criminal justice process, the first is the legal factor itself where the use of CCTV is not included in legal evidence in the Criminal Procedure Code, the two different perspectives which will result in different thoughts that will be accepted by someone, the three norms which becomes legalistic positivistic is not clear in certain cases. Legal basis for prosecution of traffic violations. According to Law Nomor 2 of 2009 concerning Traffic And Road Transportation, article 260 and article 262 who are authorized to take action against traffic violations using CCTV can carry out law enforcement such as investigations and investigations of criminal acts of LLAJ or other crimes, acts of handling of accidents, violations, and traffic jams by the Police and the pursuit, ambush, arrest, and prosecution of perpetrators and/or vehicles involved in crimes or traffic violations. The formulation of the legal problem contains points regarding the juridical review and application of the validity of ETLE as evidence in the trial. This research is a legal research with a normative juridical approach with a statutory and case approach, especially the decision of ticketing for traffic violations. The results of the research and discussion conclude that the use of CCTV (Closed Circuit Television) evidence can be used as evidence in the criminal justice process and the application of the e-Tilang system can reduce the number of traffic accidents.
Penegakan Hukum Pidana Terhadap Kelalaian Pengemudi Kendaraan Bermotor yang Mengakibatkan Kecelakaan Lalu Lintas Setiawan, Sulanjar Tri; Abadi, Suwarno; Aji, Rihantoro Bayu
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.660

Abstract

One of the traffic problems in Indonesia is the high number of road accidents caused by driver negligence. Therefore, law enforcement is one of the efforts to address the problem of road accidents. In current practice, traffic law enforcement does not only refer to criminal sanctions as in Law Number 22 Year 2009 on Road Traffic and Transport, but also uses restorative justice methods. This article discusses how the law is enforced in relation to traffic offences caused by the negligence of drivers who cause traffic accidents, and the obstacles in enforcing the law. This is legal research with statute and conceptual approach. The results revealed that law enforcement against negligence of motor vehicle drivers resulting in accidents is conducted with a repressive approach through restorative justice based on police discretionary authority granted through the Police Law. Specifically, the restorative justice approach is regulated through Regulation of the Chief of the Indonesian National Police Number 8 of 2021 concerning the handling of criminal acts based on restorative justice. However, its application is hindered by legal obstacles such as legal problem, law enforcers, citizen and culture. It is therefore necessary to enhance the capabilities and qualifications of law enforcement personnel in accordance with their respective areas of responsibility. This may be achieved through formal education or specialised training, with the objective of facilitating law enforcement through a restorative justice approach.
Prinsip Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga Berdasarkan Undang -Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Bachtiar, Moch. Yusuf; Abadi, Suwarno
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.662

Abstract

Domestic violence (DV) represents a significant legal issue in Indonesia. Indonesia has enacted legislation, namely Law Number 23 Year 2004 on the Elimination of Domestic Violence, with the objective of providing protection for victims of domestic violence. In recent times, there has been a shift towards a restorative justice and penal mediation-based approach to resolving domestic violence cases. This article will examine the legal protection of victims of domestic violence in accordance with the aforementioned legislation, as well as the settlement of domestic violence cases through penal mediation at Surabaya Police Station. This is legal research with statute and conceptual approach. The results revealed that the legal protection granted to victims of domestic violence through Law Number 23 Year 2004 on the Elimination of Domestic Violence encompasses three forms of protection are as follows: 1.) external protection, 2.) legal protection through repressive action and 3.) curative protection. Criminal acts of domestic violence are settled through penal mediation and restoratife justice at the Surabaya Police Station. Currently, two criminal offence settlements are based on the National Police Chief Regulation. It is recommended that penal mediation and restorative justice be regulated in the form of rules in the form of laws in the future.
Co-Authors A. Daim, Nuryanto Andy Usmina Wijaya Arif Bagus Prasetyo, Arif Bagus Arif Syaifudin, Arif Ariyanti, Suci Astuti, Putri Jeri Bachtiar, Moch. Yusuf Daim, Nuryanto A. Daim, Nuryanto Ahmad Darwoyo, Darwoyo Dwi Elok Indriastuty Farina Gandryani Fuad Hasan Hidayah, Novira Yusrianti Jaya, Bagus Novian Khoirul Hidayat Krestianto, Agustinus Herry Kushertin, Juli Maulana, Adam Afin Milentina, Dinar Intan Nobella Indradjaja Nuryanto A. Daim Rahman, Habibur Ra’af Abdi Pandua Rihantoro Bayuaji Safana, Holis Setiawan, Sulanjar Tri Taufiqurrahman Taufiqurrahman Taufiqurrahman Taufiqurrahman