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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 Jurnal Ilmu Multidisplin HUKMY : Jurnal Hukum Law and Humanity Jurnal Ilmu Hukum Wijaya Putra
Rihantoro Bayuaji
Fakultas Hukum Universitas Wijaya Putra
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT 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 Brigita Mirna Mahayani; Rihantoro Bayu Aji; Joko Ismono
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 Leo Dwi Prasetiyo; Rihantoro Bayu Aji
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 Hidayatus Sirot; Nuryanto A. Daim; Rihantoro Bayu Aji
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.
Penegakan Hukum Pidana Terhadap Kelalaian Pengemudi Kendaraan Bermotor yang Mengakibatkan Kecelakaan Lalu Lintas Sulanjar Tri Setiawan; Suwarno Abadi; Rihantoro Bayu Aji
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.
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; Rihantoro Bayu Aji
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.
Kontroversi Ijazah Joko Widodo: Antara Tuduhan Palsu dan Fakta Hukum yang Terverifikasi Gunawan Gunawan; Rihantoro Bayu Aji
Law and Humanity Vol 3 No 2 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i2.739

Abstract

This study explores the controversy surrounding the authenticity of President Joko Widodo's academic diploma, which has been alleged to be falsified by certain parties despite substantial legal and administrative evidence confirming its validity. The research aims to systematically analyze the legitimacy of the forgery accusations from the perspectives of criminal law, administrative law, and legitimacy theory within a constitutional democratic framework. A qualitative descriptive method is employed, based on phenomenological observation and normative-doctrinal approaches to statutory regulations, court decisions, and official institutional statements. Universitas Gadjah Mada has officially declared that President Joko Widodo is a legitimate graduate of the Faculty of Forestry, class of 1985, a claim further substantiated by the ruling of the Jakarta Administrative Court, which rejected a lawsuit challenging the authenticity of the diploma. From a criminal law standpoint, the elements of document forgery as stipulated in Article 263 of the Indonesian Penal Code (KUHP) are not fulfilled. Theoretically, the authenticity of the document is also supported by the presumption of regularity principle in administrative law, as well as Max Weber's rational-legal legitimacy theory. The study concludes that the fake diploma issue is legally unfounded and more politically motivated than juridically substantiated.
Perlindungan Hukum Pekerja atas Pemutusan Hubungan Kerja akibat Efisiensi Menurut Undang-Undang Cipta Kerja Steffy Gihon Sunarko; Rihantoro Bayu Aji; Suwarno Abadi; Fikri Hadi
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.837

Abstract

This study aims to analyze the legal protection for workers facing employment termination due to corporate efficiency under Law Number 6 of 2023 on Job Creation and Government Regulation Number 35 of 2021, as well as to examine the evidentiary mechanism of efficiency claims by employers. This research employs normative legal research utilizing both a statutory approach and a conceptual approach. The findings indicate that legal protection for workers encompasses preventive protection through regulation and oversight, as well as repressive protection through industrial relations dispute resolution mechanisms. Following the enactment of the Job Creation Law, efficiency-based termination no longer requires permanent company closure as previously stipulated under the Manpower Law and Constitutional Court Decision Number 19/PUU-IX/2011, although the obligation to fulfill workers' normative rights remains intact. Furthermore, employment termination must strictly serve as a last resort after pursuing alternative measures. In the event of a dispute, the burden of proof rests on the employer to objectively demonstrate real efficiency conditions using valid legal evidence, such as financial statements or independent audit reports.
Perlindungan Hukum terhadap Konsumen atas Klaim Berlebihan Produk Kosmetik dalam Perspektif Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen Lucky Lasepta; Rihantoro Bayu Aji; Fikri Hadi; Farina Gandryani
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.838

Abstract

The rapid growth of the cosmetic industry has increased competition among business actors, including the use of exaggerated claims (overclaim) that may mislead consumers and cause losses. This study aims to analyze the responsibility of business actors toward consumers due to exaggerated claims in cosmetic products based on Law Number 8 of 1999 concerning Consumer Protection and to examine the forms of legal protection available to consumers. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that exaggerated claims in cosmetic products violate Articles 8, 9, 10, and 17 of Law Number 8 of 1999 concerning Consumer Protection. Business actors are obliged to provide compensation to consumers in accordance with Article 19 of the Law. Legal protection is provided through preventive measures by the Government and the National Agency of Drug and Food Control (BPOM), as well as repressive measures through the Consumer Dispute Settlement Agency (BPSK) and the courts. It can be concluded that the practice of overclaim in cosmetic products creates legal liability for business actors and harms consumers. Therefore, more effective supervision and increased consumer awareness are necessary.
Co-Authors Achmad, Fahmi Baharuddin Ahmad Zakariya Alfadani Aminatuz Zuhriyah Andy Usmina Wijaya Brigita Mirna Mahayani Daim, Nuryanto A. Daim, Nuryanto Ahmad Dwi Elok Indriastuty Dwi Elok Indriastuty Dwi Mujianto Fahmi Baharuddin Achmad Farina Gandryani Fikri Hadi Gunawan Gunawan Hidayat, Nofan Hidayatus Sirot Inya Nuansa Iliyin Joko Ismono Joko Ismono Joko Ismono Khusnul Yaqin Krisnawati Krisnawati Krisnawati Krisnawati Leo Dwi Prasetiyo Lucky Lasepta M. Hidayat M. Hidayat Mahayani, Brigita Mirna Miftachul Jannah Narto Yabu Ninggeding Nofan Hidayat Nuryanto A. Daim Nuryanto A. Daim Prasetiyo, Leo Dwi Setiawan, Sulanjar Tri Sirot, Hidayatus Steffy Gihon Sunarko Sugeng Santoso Sulanjar Tri Setiawan Suwarno Abadi Taufiqurrahman Taufiqurrahman Taufiqurrahman Taufiqurrahman Titin Ani Wawan Setiabudi Yulia Catur Lestari