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Legal Protection for Police Officers in Handling of Labour Demonstrations Ra’af Abdi Pandua; Suwarno Abadi
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1322

Labour demonstrations often involve social tensions that pose legal risks for police officers. This study aims to analyse the implementation of legal protection for police officers handling labour demonstrations in Surabaya. The research employs a normative juridical method, utilising statutory, conceptual, and case approaches. The findings reveal that police officers' understanding of legal boundaries in managing demonstrations needs improvement, and challenges persist in ensuring effective legal protection. Therefore, this study recommends enhancing human rights-based training, developing clear internal policies on the use of force, and providing proactive legal support for police officers. These measures are expected to minimise the risk of criminalisation against officers acting in accordance with procedures and to enhance professionalism in handling labour demonstrations.

Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat Krestianto, Agustinus Herry; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10828

Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).

Peran Penalaran Hukum Dalam Penegakan Hukum Tindak Pidana Penyalahgunaan Bahan Bakar Minyak Bersubsidi Rahman, Habibur; Abadi, Suwarno
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.707

Legal reasoning is a logical process essential for determining justice and legal certainty, particularly in criminal cases. This article examines legal reasoning in the context of the misuse of subsidized fuel (BBM), which has become a critical issue in Indonesia. The misuse of subsidized fuel not only causes economic losses to the state but also impedes social justice for communities entitled to such subsidies. Using a normative approach, this article analyzes the application of criminal law to perpetrators of subsidized fuel misuse, referring to existing legislation such as Law Number 22 of 2001 on Oil and Gas. Legal reasoning in this case involves identifying the elements of criminal acts, interpreting legal norms, and applying appropriate criminal sanctions. Furthermore, this article explores the use of deductive, inductive, and analogical reasoning methods in assessing the conformity of perpetrators' actions with applicable legal norms. The analysis results show that proper legal reasoning is necessary to ensure that perpetrators of subsidized fuel misuse are prosecuted fairly and effectively. Consistent law enforcement is also expected to create a deterrent effect and promote the efficient distribution of subsidized fuel to communities in need. This article concludes that legal reasoning plays a crucial role in addressing the complexities of subsidized fuel misuse cases while strengthening the legal system to protect the interests of the state and society.

Criminalizing Non-Compliance with Civil Execution Orders: A Strategy for Enhancing Legal Certainty and Business Efficiency Daim, Nuryanto Ahmad; Bayuaji, Rihantoro; Abadi, Suwarno
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.337-364

People seeking justice through civil justice often complain about legal uncertainty in terms of execution, because the execution procedure for civil cases does not have definite time period, especially when the Defendant takes other legal remedies such as opposition lawsuits and civil lawsuits, the execution process is also postponed. Moreover, when the losing party uses resistance methods in the execution time, the execution is also postponed. Therefore, this research aims to obtain the value of legal certainty regarding the implementation of the execution, because the losing party or related third parties can pursue a lawsuit against the execution which can prevent the execution. The target of this research is to create a policy model for resolving legal issues related to execution in order to create a sense of legal certainty and justice for the plaintiff (the winning party). The method used is normative juridical with a conceptual approach, statutory approach, comparative approach and philosophical approach. The findings of the research are that: non-compliance with legally binding decisions is still a form of civil contempt because it belongs to the civil domain, it is constructive (indirect) contempt because the execution of a civil case is the last part of the hearing process, so the action is id entified as disobeying a court order occuring when an act that should or should not be carried out by someone ordered or requested by the court in carrying out his or her functions cannot be fulfilled by the person who was ordered. So this unlawful act can be qualified as a criminal act as regulated in Article 281 paragraph (1) of Law Number 1 of 2023 on the Criminal Code (KUHP).

Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat Krestianto, Agustinus Herry; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10828

Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).

Perlindungan Hukum Terhadap Hak Pekerja Kontrak dalam Pemutusan Hubungan Kerja Hasan, Fuad; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11128

In Indonesia, the legal protection of workers includes two basic aspects, namely protection from the power of the employer and protection from government action. Legal protection from the power of the employer is implemented if the regulations on labor are implemented by all parties. The purpose of providing legal protection to workers is to create good working relationships and ensure that the rights of workers are implemented and can be fully received in accordance with applicable regulations and labour agreements. The research method used normative juridical research with a statutory approach and conceptual approach. Basically, this employment agreement contains the rights and obligations of the parties, in this case employers and employees. In labor relations, legal protection aims to avoid the arbitrariness of one of the parties. Factors affecting legal protection of workers' rights due to termination of employment include the fact that there are still many business actors who do not carry out their obligations to provide rights to workers in accordance with applicable regulations. Protection related to the rights of workers affected by termination of employment has been regulated in Law Number 6 Year 2023, namely the fulfillment of workers' rights consisting of severance pay, long service pay, and compensation pay that should be received in accordance with the length of service in the company concerned.

Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi Maulana, Adam Afin; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11179

Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.

Tinjauan Kriminologi Tindak Pidana Membawa Senjata Tajam Jaya, Bagus Novian; Abadi, Suwarno
Gorontalo Law Review Vol. 8 No. 1 April 2025, Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v8i1.3875

The crime of carrying sharp weapons in Indonesia is a serious issue that threatens public security and public order. This study aims to analyze the legal framework concerning the crime of carrying sharp weapons and to identify the countermeasures implemented by the government and law enforcement agencies. This research uses a normative juridical method with approaches including the Statute Approach, Case Approach, and analysis of societal habits related to carrying sharp weapons. The results show that although clear regulations exist, their effectiveness in preventing the misuse of sharp weapons, particularly in crowded situations, remains questionable. A stricter enforcement of the law is necessary to create a deterrent effect for offenders, while non-penal approaches, such as legal awareness campaigns, are also essential to educate the public about the dangers and socialization of carrying sharp weapons without permission. The synergy between the government, law enforcement, and society is crucial to creating order and security in public spaces, ensuring that existing regulations are applied optimally.

PERLINDUNGAN HUKUM BAGI PEKERJA WAKTU TERTENTU AKIBAT MENGUNDURKAN DIRI SEBELUM WAKTU PERJANJIAN KERJA BERAKHIR Hidayat, Khoirul; Abadi, Suwarno
Gorontalo Law Review Vol 7, No 1 (2024): Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v7i1.3292

Tujuan penelitian ini untuk mengetahui dan menganalisa tentang aturan pekerja yang mengundurkan diri sebelum berakhirnya perjanjian kerja. Terdapat perbedaan pengaturan dalam hal apabila salah satu pihak mengakhiri hubungan kerja sebelum berakhirnya jangka waktu yang ditetapkan dalam perjanjian kerja waktu tertentu. Metode penelitian yang digunakan merupakan penelitian yuridis normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil analisis adalah pengaturan tentang pekerja yang mengundurkan diri sebelum berakhirnya perjanjian kerja diatur dalam Pasal 62 UU No.13 Tahun 2003 Tentang Ketenagakerjaan, menjelaskan apabila salah satu pihak mengakhiri hubungan kerja sebelum berakhirnya jangka waktu yang ditetapkan dalam perjanjian kerja waktu tertentu (PKWT), pihak yang mengakhiri hubungan kerja diwajibkan membayar ganti rugi kepada pihak lainnya sebesar upah pekerja sampai batas waktu berakhirnya jangka waktu perjanjian kerja. Dalam artian, jika pekerja yang mengundurkan diri wajib membayar ganti rugi kepada pihak perusahaan sebesar upah pekerja sampai batas waktu berakhirnya perjanjian kerja. Berbeda dengan Pasal 17 Peraturan Pemerintah No.35 Tahun 2021 tentang perjanjian kerja waktu tertentu, alih daya, waktu kerja, dan waktu istirahat, dan pemutusan hubungan kerja, menjelaskan dalam hal salah satu pihak mengakhiri hubungan kerja sebelum berakhirnya jangka waktu yang ditetapkan dalam PKWT maka Pengusaha wajib memberikan uang kompensasi yang besarannya dihitung berdasarkan jangka waktu PKWT yang telah dilaksanakan oleh pekerja.

KEKUATAN HUKUM SERTIFIKAT ELEKTRONIK SEBAGAI ALAT BUKTI DALAM SENGKETA JUAL BELI TANAH Raffi Fikriansyah Lipurta; Suwarno Abadi
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1197-1210

The development of information technology in Indonesia has brought significant changes to the practice of land sale and purchase transactions, particularly through electronic mechanisms. Electronic certificates function as instruments for data and identity authentication, yet they also raise debates regarding their legal validity and position as evidence in land dispute cases. This study aims to examine the legal status of electronic certificates as valid evidence within Indonesia’s legal system and to assess their effectiveness in providing legal protection for parties engaging in digital transactions. The research method employed is a normative juridical approach by reviewing relevant regulations, including Law Number 11 of 2008 on Information and Electronic Transactions and its amendment through Law Number 19 of 2016, as well as implementing regulations concerning electronic certificates, namely Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation Number 1 of 2021 and Ministerial Regulation Number 3 of 2023. In addition, this study is supported by secondary legal materials such as literature, academic journals, and previous research. The findings indicate that electronic certificates hold equal legal standing with conventional certificates, provided they comply with the principles of authentication, data integrity, and legal verification. Moreover, electronic certificates serve not only as proof of ownership but also as instruments for dispute prevention through an integrated digital system. Nevertheless, their implementation still faces challenges, including limited infrastructure, gaps in digital literacy, and public concerns regarding data security

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