Articles
<![CDATA[Pelaksanaan Asas Dominus Litis Jaksa pada Tahapan Penuntutan Rehabilitasi Pelaku Penyalahgunaan Narkotika Berdasarkan Asesmen Terpadu ]]>
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Anggresca, Risella Vini]]>
<![CDATA[ Bhirawa Law Journal Vol 5, No 1 (2024): May 2024 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v5i1.13307
<![CDATA[Narcotics are substances or drugs derived from plants or non-plants that can cause a decrease or alteration in consciousness, loss of sensation, reduction or elimination of pain, and can lead to dependence. In fact, Law Number 35 of 2009 concerning Narcotics classifies between traffickers and users, each with different penalties, namely rehabilitation demands based on the stages of the case by the Prosecutor's Office following the principle of dominus litis, where the prosecutor controls the case. This study aims to examine the qualifications of criminal narcotics regulations with rehabilitation demands and to understand and analyze the implementation of the principle of dominus litis by prosecutors in handling criminal narcotics cases based on integrated assessments. This research employs a normative juridical research method that starts from statutory regulations, books, scientific journals with a legislative approach consisting of Law Number 35 of 2009, PERJA 029 of 2015 regarding Technical Instructions for Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions, Guideline Number 18 of 2021 regarding the Settlement of Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as the Implementation of the Dominus Litis Principle, using a conceptual approach. The demand for rehabilitation becomes the primary goal of case resolution in line with the principle of utility based on specific classifications according to prevailing provisions.]]>
<![CDATA[Sanctions For Non-Performing Corporate Social Responsibility ]]>
<![CDATA[Jaya, Febri]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>;
<![CDATA[Rusdiana, Shelvi]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1751
<![CDATA[Introduction: Companies are legal materials that have a role in national development. Its role can be realized by carrying out corporate social and environmental responsibilities as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, many companies neglect this responsibility.Purposes of the Research: The purpose of this study is to analyze the sanctions related to companies that do not carry out these responsibilities.Methods of the Research: The method in this research is normative juridical. In this study also used literature study. In terms of reviewing this research, a judical basis was used which consisted of Law Number 40 of 2007 and Government Regulation Number 47 of 2012.Results of the Research: Based on the results of the research, it was found that the laws and regulations governing corporate social and environmental responsibility have a legal vacuum, namely that there are no clear sanctions for companies that do not carry out these responsibilities. The urgency of regulation is sanctions because by not regulating sanctions, there is an ambiguity of norms that will lead to legislative law.]]>
<![CDATA[Legality and Proof of Unwritten Agreements from a Civil Law Perspective ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Rusdiana, Shelvi]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v5i2.2033
<![CDATA[Introduction: Making agreements in Indonesia can be done in written and unwritten form. This is in accordance with the principle of freedom of contract in the Civil Code. Unwritten agreements are also very often carried out in the business world because they are more efficient. However, unwritten agreements are problematic because they are very difficult to prove in civil court.Purposes of the Research: There are 2 (two) objectives in this research, namely first, to analyze the legal strength of unwritten agreements from the perspective of civil law books and second, to analyze evidence in civil courts for cases of breach of contract in unwritten agreements. Then to find the right legal solution in resolving default problems in civil court.Methods of the Research: The research method used in this research is normative juridical. This method uses literature study techniques. The type of data used comes from primary data, namely the Civil Code and legal principles, namely freedom of contract. then the secondary legal material used is in the form of previous research articles which examine the validity of unwritten agreements.Results of the Research: Based on the research results, it was found that unwritten agreements have binding legal force. However, in reality it is very difficult to prove it in court because evidence in civil law comes from written letters. Therefore, the solution that can be offered is the need for preventive and repressive legal efforts.]]>
<![CDATA[The Principle of Freedom of Contract in Commercial Agreements: Are Limitations Needed? ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Agustianto, Agustianto]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v5i2.3353
<![CDATA[The principle of freedom of contract is one of the principles in an agreement where the parties can determine for themselves the form of the agreement that will be made. However, by implication, this principle reaps many injustices. One form of implementation of this principle is standard agreements made in the business world. Standard agreements are only made unilaterally so they have the potential to cause injustice. This research aims to analyze whether or not restrictions are necessary in the principle of freedom of contract. The research method used is normative juridical. The theoretical basis used is Economic Democracy Theory. The research results show that the principle of freedom of contract has resulted in a lot of injustice, for example, standard agreements are made in the business world for time efficiency but do not involve the parties in making them, so there are parties whose position is very weak in the agreement. This is not by the theory of economic democracy which should provide prosperity for all, not just certain parties. Therefore, it is necessary to limit the principle of freedom of contract.]]>
<![CDATA[Efektivitas Perlindungan Atas Upah Sebagai Hak Tenaga Kerja Outsourcing di Kota Batam ]]>
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Simatupang, Evlyn Grace]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v5i2.2920
<![CDATA[Outsourcing is a practice in the business world that has emerged since the late 80s and has become the main business strategy in a climate of increasingly fierce competition. Defined as a process of outsourcing or moving or buying up business activities to third parties, the main and foremost purpose of outsourcing is to save production costs. The purpose of this study is to determine the effectiveness of wage protection for outsourced labor rights in Batam and to find out how outsourced labor in practice in the field. This research uses empirical legal research methods using qualitative descriptive research types. The results of this study show that legal protection of wages as labor, especially the protection of the rights of outsourced labors in Batam, has not been optimal or effective. This is evidenced by the large number of outsourced labor workers who do not get their rights, especially not getting a decent salary. Outsourcing labor has created exploitative, discriminatory, degradative and fragmentative working conditions and is effective at weakening the power of trade unions. Such a situation needs to be corrected so that there is a balance between the interests of workers, employers and the government. The government is the main actor that must play a role in creating this balance. Regulatory factors in the form of laws and regulations made are very open to diversity of interpretations, very weak law enforcement, lack of quality and number of officers disnakertrans, unbalanced bargaining position of unions against employers. Another important condition that also causes labor losses is the lack of health insurance, work injury insurance, retirement insurance, old age insurance have not been established as tools to safeguard outsourced labors.]]>
<![CDATA[IMPLIKASI KEBIJAKAN RELAKSASI KREDIT OLEH OJK SELAMA PANDEMI COVID-19 DENGAN DAMPAK BAGI BANK ]]>
<![CDATA[Viviani, Olinda]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ Maleo Law Journal Vol. 6 No. 2 (2022): Oktober 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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DOI: 10.56338/mlj.v6i2.2316
<![CDATA[Early March 2020, there were more than 100,000 confirmed cases of the CoronavirusDisease 2019 (Covid-19) outbreak in 114 countries with a total death toll of more than 4,000cases. The development of the spread of COVID-19 has a direct or indirect impact on theperformance and capacity of Debtors, including Micro, Small, Medium Enterprises (MSMEs),in fulfilling credit or financing payment obligations, thus potentially disrupting bankingperformance and financial system stability which can affect economic growth. Therefore, toencourage the optimization of the banking intermediation function, maintain financial systemstability, and support economic growth, an economic stimulus policy is needed as acountercyclical impact of the spread of COVID-19. The policies implemented for thepandemic conditions had an impact on banks in their implications for bank performance. Theproblem approach used in this research is the legal approach (Statue Approach) examiningregulations or regulations related to the legal issues under study]]>
<![CDATA[Analysis of Article 433 of the Civil Code: Dilemma of Persons with Disabilities in Carrying Out Legal Acts ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Agustianto, Agustianto]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v6i2.3593
<![CDATA[The provisions of Article 433 of the Civil Code contain phrases that violate the rights of people with disabilities, especially for people with non-permanent mental disabilities. Through this provision, people with permanent mental disabilities are prevented from carrying out legal actions. This research aims to analyze the skills of people with disabilities in carrying out legal actions and analyze the provisions of Article 433 of the Civil Code with the Constitution. The research method used is normative juridical. In formulating the answer to the problem, a juridical basis and a theoretical basis are used. The research results show that the provisions of Article 433 have discriminated against people with non-permanent mental disabilities and it has been declared through the Constitutional Court Decision that Article 433 is conditionally unconstitutional. The challenge is that the district court as an institution that has the authority to form pardons must be truly careful and careful in making decisions/decisions on requests for pardons. Therefore, it is necessary to evaluate the implementation of these institutions on an ongoing basis to ensure that people with disabilities receive protection for their rights as people with disabilities.]]>
<![CDATA[Aspects of Justice, Legal Certainty and Benefit in the Settlement of Patent Disputes ]]>
<![CDATA[Ritonga, Moehammad Mahastar]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Sudirman, Lu]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v5i3.2149
<![CDATA[Introduction: Patent rights are rights granted to individuals who have successfully created new inventions, where the rights and responsibilities of the inventor arise when the invention is registered in accordance with applicable regulations and protected by Law Number 13 of 2016 concerning patents. In the resolution of patent disputes, the regulations mandate the use of litigation remedies. Nonetheless, it is important to remember that mediation is an alternative dispute resolution before taking litigation steps, and is a win-win solution, but it is not a mandatory stage in the settlement of patent civil disputes. Of course, this is contrary to the implementation of the legal aspects which are not only justice, and legal certainty but also expediency.Purposes of the Research: This research aims to improve understanding of the implementation of the legal objectives aspect in patent dispute resolution in Indonesia.Methods of the Research: In this research, normative legal research methods were used. The data taken consists of primary legal materials and secondary legal materials.Results of the Research: The results of this study reveal a new perspective on the concept of justice, which was previously only seen as "right and wrong", to "risks and benefits". This is due to the principle of expediency that lies between the point of legal certainty and the point of justice.]]>
<![CDATA[Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi ]]>
<![CDATA[Ruska, Afdhal -]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11180
<![CDATA[This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.]]>
<![CDATA[Promoting Responsible Vehicle Ownership to Prevent Underage Driving and Motorcycling: A Legal Solution for Indonesia ]]>
<![CDATA[Tantimin Tantimin]]>;
<![CDATA[Febri Jaya]]>;
<![CDATA[David Tan]]>;
<![CDATA[Winda Fitri]]>
<![CDATA[ Kosmik Hukum Vol 25, No 1 (2025) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v25i1.25541
<![CDATA[This study aims to address and ultimately find the solution to the phenomenon of underage driving and motorcycling in Indonesia. The continued rise of vehicle ownership has also increased the risks of traffic accidents, which are then exacerbated by the phenomenon of underage driving and motorcycling. Ultimately, this has raised the urgency to thoroughly analyze the causes behind this phenomenon and explore other legal angles to curb this problem and increase the safety of all road users. Through the normative legal research method with statutory approach, this study finds that there are normative inadequacies within the relevant legal framework to tackle the issue of underage driving and motorcycling. This study also proposes a strategy to help tackle this problem by focusing on holding vehicle owners more accountable with a structured penalty system directly to the owners of the vehicles, as they are enabling this dangerous behavior.]]>
