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All Journal JURNAL HUKUM FIAT JUSTISIA: Jurnal Ilmu Hukum Corruptio YURISDIKSI : Jurnal Wacana Hukum dan Sains Prosiding Konferensi Nasional PKM-CSR Jurnal Hukum dan Peradilan Law and Humanity Jurnal Ilmu Hukum Wijaya Putra
Rihantoro Bayuaji
Fakultas Hukum Universitas Wijaya Putra
Religion Humanities Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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Perlindungan Hukum Ketenagakerjaan Bagi Dokter Dalam Hubungan Kerja Dengan Rumah Sakit Mahayani, Brigita Mirna; Aji, Rihantoro Bayu; Ismono, Joko
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.v1i2.551

Abstract

According to the existing legal relationship, there are three groups of doctors working in hospitals, namely doctors with the status of permanent employees (PNS), doctors with contract status and visiting doctors (attending physician). There is a shortage of permanent doctors, in general private hospitals employ civil servant doctors who work in government hospitals as visiting doctors. Research objectives: To find out and analyze the regulation of the medical profession based on the positive law in force in Indonesia and to find out and analyze the labor law protection for doctors in working relations with hospitals. The type of research used is formative juridical, the research approach used is a statute approach and a conceptual approach. Labor law protection for doctors in working relationships with hospitals is regulated in the work agreement. The work agreement is an entry point for the norms of labor law protection for doctors who are bound by a working relationship with a hospital. The working relationship between doctors and hospitals was born from a work agreement. The work agreement stipulates the rights and obligations of each party signing the work agreement. Work agreements between doctors and hospitals are an autonomous source of law in work relations. The work agreement will be a source of law to be considered in the event of a dispute over work relations between a doctor and a hospital, in addition to the applicable labor laws and regulations.
Kepastian Hukum Mengenai Penetapan Tersangka Untuk Kedua Kalinya Oleh Penyidik Pemberantasan Korupsi Prasetiyo, Leo Dwi; Aji, Rihantoro Bayu
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.v2i1.607

Abstract

The background of writing this journal article is the second time the determination of a suspect against Ilham Arief Sirajjudin (Petitioner), the former mayor of Makassar by investigators from the Corruption Eradication Commission (KPK). Previously, the Corruption Eradication Commission named the Petitioner as a suspect, but the Corruption Eradication Commission lost in pretrial because it named the Petitioner as a suspect but did not fulfill at least 2 valid pieces of evidence according to the Criminal Procedure Code. Therefore the pretrial judge granted the Petitioner's request and declared the KPK's determination of the suspect invalid with decision number 32/Pid.Prp/2015/Pn.Jkt.Sel on (Pretrial volume 1). Then, after the Pretrial Appellant was granted by the pretrial judge, several days later, the KPK again named the Petitioner as a suspect. However, the Petitioner again carried out pretrial efforts with one of his petitions namely that the Petitioner had won in the previous pretrial and the decision was final and binding on all parties, so if the KPK again named the Petitioner as a suspect it would create legal uncertainty for the Petitioner. However, in pretrial volume 2, the pretrial judge did not grant the Petitioner's request on the grounds that the KPK had determined the Petitioner according to procedure. And finally the Judge rejected the Petitioner's Pretrial with decision number 55/Pid.Prp/2015/Pn.Jkt.Sel. In the Pretrial Decision of the South Jakarta District Court Number: 32/Pid.Prp/2015/Pn.Jkt.Sel and 55/Pid.Prp/2015/Pn.Jkt.Sel there are two legal issues that the author will raise in this journal article In this case, the first problem is related to the determination of a suspect for the second time by Corruption Eradication Commission investigators against someone whose pretrial has been granted in relation to the principle of legal certainty. The second legal issue is related to the principle of Ne bis in idem in the Criminal Code which is linked to decisions Number: 32/Pid.Prp/2015/Pn.Jkt.Sel and 55/Pid.Prp/2015/Pn .Jkt.Sel regarding the determination of the suspect for the second time against someone. The purpose of writing a journal article to be achieved is to analyze the determination of a suspect for the second time by KPK investigators against someone who has been granted a pretrial based on the principle of legal certainty. Then the second objective is to analyze the existence of the Ne Bis In idem principle in the Criminal Code by pretrial decision regarding the determination of the suspect to return for the second time against someone. The conclusions drawn based on the writing of this journal article are first, the determination of a suspect for the second time against someone who has been granted pretrial by KPK investigators does not conflict with the principle of legal certainty, because pretrial is purely administrative or formal in nature. Therefore, if the investigator is still convinced that the person has committed a crime, the investigator can re-establish that person as a suspect through the correct legal procedures. The second conclusion, the principle of ne bis in idem in the Criminal Code does not apply to pretrial decisions regarding the determination of a suspect for the second time against someone, because pretrial is administrative (formal) in nature, namely it only has the authority to examine and decide legal matters, not forced efforts and provide protection of human rights in a person at the level of investigation and prosecution and not examining matters at the time of trial or the main case.
Analisa Yuridis Kewenangan Badan Anggaran Dewan Perwakilan Rakyat Daerah Dalam Penyusunan Anggaran Pendapatan Dan Belanja Daerah Di Kabupaten Bojonegoro Sirot, Hidayatus; Daim, Nuryanto A.; Aji, Rihantoro Bayu
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.v2i2.636

Abstract

In line with the concept of regional autonomy, that autonomous regions have the authority to exercise discretion, manage and explore the potential of their natural wealth as well as human resources so that the aims and objectives of regional autonomy can be carried out properly. The management and utilization of natural resources must be carried out wisely where the results are in addition to regional financial income, and are solely for the benefit of the wider community. Therefore, how the budget function of the Regional People's Representative Council to be effective and appropriate in the preparation of APBD planning must be optimized for the benefit of the community, because often the implementation of the budget function is not carried out properly and even tends to invite problems in the future, as well as members of the Regional People's Representative Council. often trapped in the interests of groups and party interests, thus neglecting the interests of the community which should be prioritized. In order to optimize the potential of the existing budget in the region, an active role is needed from the Budget Board of the Bojonegoro Regency Regional House of Representatives. This study aims to discuss and analyze the concept of the function of the budget according to the laws and regulations and the authority of the budget agency of the Regional People's Representative Council in the context of preparing the Regional Revenue and Expenditure Budget. The type of research used in this research is normative juridical with a statutory approach and a historical approach, and ends with a qualitative descriptive analysis in producing a precise and accurate analysis.
PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA TERKAIT PERJANJIAN TERTUTUP DALAM PRESPEKTIF HUKUM PERSAINGAN USAHA DI INDONESIA Achmad, Fahmi Baharuddin; Bayuaji, Rihantoro; Ismono, Joko
Jurnal Ilmu Hukum Wijaya Putra Vol 2 No 1 (2024): April
Publisher : Fakultas Hukum Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38156/jihwp.v2i1.163

Abstract

Tujuan dari penelitian ini adalah untuk mengetahui apakah PT Telkomunikasi Indonesia terkait perjanjian tertutup dalam persaingan usaha pada putusan KPPU perkara No. 10/KPPU-1/2016. Metode penelitian normative yang digunakan dalam penelitian ini yaitu pendekatan Perundang-Undangan, konseptual, dan kasus, sumber dan bahan hukum pada penelitian ini menggunakan bahan hukum primer yang diperoleh melalui peraturan undang-undang, sedangkan bahan hukum sekunder diperoleh dari buku teks, jurnal, pendapat ahli, dan kasus hukum. Dapat ditarik kesimpulan bahwa PT Telkom tidak terbukti melakukan pelanggaran, karena Tindakan yang dilakukannya tidak menyebabkan persaingan menjadi tidak sehat di antara para pelaku usaha yang menjual produk yang sama.
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.
Legal Analysis Of Violations Of The Prudential Banking Principle In Credit: A Perspective On Corruption And Money Laundering Crimes Bayuaji, Rihantoro; Indriastuty, Dwi Elok
Corruptio Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v5i2.3937

Abstract

This research examined the legal implications of credit defaults in Indonesia, specifically assessing whether cases of payment default or bad debt fell under civil or criminal liability. It also investigated whether fraudulent activities in the credit process constituted predicate offenses, such as corruption, potentially leading to money laundering charges. The research aimed to develop a policy framework for resolving legal disputes related to non-performing banking credit. Employing a normative juridical approach, the research utilized conceptual, statutory, case, and philosophical analyses, drawing upon legal references and case studies to substantiate its findings. The results indicated that the legal resolution of banking credit disputes fell into two primary categories. If bad credit resulted from a violation of the Prudential Principles (the 5C’s), banks as creditors could initiate criminal proceedings by reporting the underlying offenses associated with credit disbursement. Conversely, if bad credit stemmed solely from contractual breaches without elements of illegality, banks could seek redress through civil litigation. Furthermore, instances of fraudulent conduct within the credit process could qualify as predicate offenses, thereby enabling criminal proceedings under the Corruption Criminal Act and the Money Laundering Crime Act.
Analisis Penerapan Prinsip Keadilan dalam Pemberian Hukuman pada Kasus Tindak Pidana Korupsi Berdasarkan Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi Krisnawati, Krisnawati; Aji, Rihantoro Bayu
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.v3i1.706

Abstract

This research aims to analyze the application of the principles of justice in administering sentences in cases of criminal acts of corruption based on Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Based on a thematic analysis of court decisions, it was found that there were significant disparities in sentences in corruption cases, especially those involving public officials. Factors such as political influence, public pressure, and judges' interpretation of the severity of criminal acts are the main causes of this injustice. In addition, light sentences are often disproportionate to the loss to the state, giving rise to public dissatisfaction and weakening confidence in the justice system. To increase the application of the principles of justice, this research suggests several efforts, including the preparation of more detailed sentencing guidelines, strengthening the independence of judicial institutions, and increasing the transparency of the legal process. These findings show the importance of balancing justice, legal certainty and expediency in administering punishments for corruption cases. Thus, implementing the principles of justice can provide a more effective deterrent effect while restoring public trust in the Indonesian legal system.
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

Abstract

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).
Asset Recovery In Corruption Cases In Indonesia: A Human Rights Perspective Bayuaji, Rihantoro; Hadi, Fikri
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no1.4024

Abstract

The proposal to pardon corruption offenders within a restorative justice framework, as articulated by President Prabowo Subianto, has sparked diverse responses. However, the President later clarified that his statement was not an endorsement of pardoning corrupt individuals but rather an emphasis on the importance of asset recovery in combating corruption. Given that imprisonment has proven ineffective as a deterrent and insufficient in addressing state losses, asset recovery presents a viable legal strategy in corruption law enforcement. This research examines two key issues: the extent to which asset recovery serves as a deterrent in criminal law and its impact on the fulfillment of human rights. Employing a normative juridical approach through statutory and conceptual analysis, the findings suggest that asset recovery not only deters corruption and restores state finances but also advances justice and human rights. Accordingly, this research recommends that the Indonesian House of Representatives and the government expedite the enactment of the Asset Forfeiture Bill (RUU) to strengthen asset recovery mechanisms in corruption cases.
Co-Authors Achmad, Fahmi Baharuddin Aminatuz Zuhriyah Andy Usmina Wijaya Daim, Nuryanto A. Daim, Nuryanto Ahmad Dwi Elok Indriastuty Dwi Mujianto Fikri Hadi Hidayat, Nofan Inya Nuansa Iliyin Joko Ismono Khusnul Yaqin Krisnawati Krisnawati M. Hidayat M. Hidayat Mahayani, Brigita Mirna Narto Yabu Ninggeding Nuryanto A. Daim Prasetiyo, Leo Dwi Setiawan, Sulanjar Tri Sirot, Hidayatus Suwarno Abadi Taufiqurrahman Taufiqurrahman Wawan Setiabudi Yulia Catur Lestari