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Pelaksanaan Jaminan Hak Keperdataan Subyek Hukum Manusia Atas Perubahan Atau Penambahan Nama Dalam Hukum Positif Indonesia Di Serang Banten Dede Agus; Lia Riesta Dewi
Jurnal Ilmiah Universitas Batanghari Jambi Vol 21, No 1 (2021): Februari
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v21i1.1140

In accordance with the right to naming the rights of each subject human law, the change or addition of names are also the same. Therefore, this research aims to describe how the guarantee and implementation of civil rights for the change or addition of names in positive law and the legal consequences for population documents and other legal documents. This research method, normative juridical based on secondary data and much supported primary data, and finally were analysed qualitative descriptive. The research result shows that the change or addition of names in population documents and civil registries has been guaranteed implicitly and explicitly by the Law No. 23 of 2006 on Population Administration and Law No.24 of 2013 on the amendments law, and it implementation regulations. Likewise, the implementation of civil rights for changes or additions to names in population documents and civil registries, as well as other documents has been in practice. Due to law arising, such as: must obtain a district court decisions, a request for a changes to the population and civil registries, margin notes on the deed register, change the name of other population identity on a documents, as well as sanctions had been imposed on population administration in according to the population administration Law.

Kedudukan Hukum Surat Peringatan (SP) dan Skorsing dalam Proses PHK Buruh/Pekerja Dede Agus
Jurnal Ilmiah Universitas Batanghari Jambi Vol 20, No 2 (2020): Juli
Publisher : Universitas Batanghari Jambi

Warning letter (SP) is an effort to avoid layoffs (PHK), because warning letter does not decide an employment relationship immediately. Sometimes, an employer ignore warning letter in practice and they give skorsing letter directly. Although the warning letter and skorsing have a different law status. Therefore, this paper is aimed to discuss warning letter and skorsing law status in labour/an employee layoffs process. Warning letter and skorsing were given labour/an employee by employer before layoffs, but warning letter and skorsing have a difference of principle. Warning letter educate labour/an employee to take responsibility and still not yet layoffs process, but skorsing is given labour/an employee by employer in layoffs process. It propose and wait layoffs decision from institutions of industrial relations disputes settlement.

PERLINDUNGAN PEMBAYARAN UPAH PEKERJA PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 100/PUU-X/2012 TENTANG UJI MATERIAL UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Dede Agus Agus
Jurnal Hukum Samudra Keadilan Vol 15 No 1 (2020): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Employers may be protected from the obligation to pay wages and any payments arising from employment if it has expired two year since the inception of the right. This is unfair to workers (harm), then judicial review an article 96 of Law No.13 of 2003 on Manpower to Constitution by the Constitutional Court Decision Number 100 / PUU-X / 2012. Therefore, this paper is aimed to discuss the protection of wage payment of workers post-judicial review. This research method, normative juridical based on the secondary data and the statute approach, conceptual approach, case approach and qualitative descriptive analysis. The results showed that the Post-Decision of the Constitutional Court payment of wages of workers has been protected, this is no expiry in the payment of wages and other benefits. The Constitutional Court declares that Article 96 of Law No.13 of 2003 is contradictory to the Constitution, and has no binding force. The Constitutional Court's verdict provides legal certainty that wages and any payments arising from employment relationships may at any time be prosecuted if they have not been fulfilled, but on the other hand it creates legal uncertainty, since the expiration institution is created by law in the context of legal certainty.

Ruang Lingkup Pengaturan Perlindungan Buruh/Pekerja Pasca Berlakunya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja Dede Agus
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.5146

Tahune protection of Labour/worker can be enforced by various laws, including Law Nomor 13 of 2003 on Manpower which several articles were deleted and amended (added/revised) by Tahune Job Creation Law Nomor11 of 2020. Of course Tahunis has resulted in changes to Tahune terms of substance and scope of employment regulation. Tahunerefore, Tahunis paper is aimed to discuss Tahune protection of labour/worker in terms of Tahune scope of Tahune regulation, at Tahune pre-employment, during and post employment according to Law Nomor 13 of 2003 on Manpower post Tahune Law Nomor11 of 2020 on Job Creation. Tahunis research meTahuNomord, Normative juridical based on Tahune secondary data and Tahune satute approach and Tahune conceptual approach, and qualitative descriptive analysis. Tahune results showed Tahunat Tahune regulated pre-employment, such as: Manpower Planning and Employment Information, Job Training, Labour Placement and Expansion of Employment Opportunities. Tahune regulated during employment, such as: Employment Relationships (work agreements), Protection, Wages and Welfare and Industrial Relations. Tahune regulated post employment, such as: Termination of Employment and Tahune rights Tahunem. From Tahune scope of Tahunis regulation, Tahunere have been fundamental and basic change to some of its provisions post Tahune enactment of Tahune Law Nomor11 of 2020 on Tahune Job Creation, which have an impact on regulating Tahune content/material of Tahune manpower act.

Perlindungan Hukum Bagi Konsumen Muslim Terhadap Produk Minuman Susu “Binggrae” Berlabel Halal Korea Muslim Federation (KMF) R A Ratna Juwita Dewi Saraswati; Anne Gunawati; Dede Agus
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol 2 No.2 Agustus 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i2.13632

Not a few South Korean processed food products that have been exported to Indonesia have not yet received a halal certificate from the MUI and/or BPJPH, but in South Korea, they have received a halal certificate from KMF, for example, the Binggrae milk drink. Based on the data, the Korea Muslim Federation (KMF) has not been included as an Overseas Halal Certification Agency (LSHLN) approved by the MUI and/or has not collaborated with BPJPH. Based on this background, it is necessary to study how the legal protection is given to Muslim consumers and what are the legal consequences arising from the inclusion of the foreign halal label. The research method used is normative juridical with the Statute Approach and Case Approach. The data used is secondary data obtained through document studies supported by primary data obtained through interviews. The collected legal materials were analyzed descriptively and qualitatively. From the results of the study, it can be concluded that legal protection for Muslim consumers against imported beverage products labeled as halal "Korea Muslim Federation (KMF)" has not been implemented optimally and comprehensively. As for the legal consequences of imported drink products labeled as halal "Korea Muslim Federation (KMF)" they may be subject to administrative sanctions in the form of a written warning or withdrawal of goods from circulation. However, in reality, the sanctions supervision has not been implemented because the implementation is not optimal so that an inspection of the product has not been carried out.

Perlindungan Hukum terhadap Nasabah BTPN Jenius akibat Tindakan Phishing (Studi Kasus Bank Tabungan Pensiunan Nasional Jenius) Yosefine Yosefine; Rani Sri Agustina; Dede Agus
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 1 January-April 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i1.17650

This article discusses phishing activities that have led to allegations of leakage of personal data from Jenius customers, which is one of the digital banking applications from the National Pension Savings Bank (BTPN). This phishing activity causes the loss of customer deposits in the Jenius application. Law Number 10 of 1998 concerning Banking and Law Number 19 of 2016 concerning Information and Electronic Transactions are used as references in this study. The purpose of this study is to identify and analyze legal protection for customers and to identify and analyze the legal responsibilities given by banks to customers. The research method used is normative juridical through legislation approach, conceptual approach, case approach and qualitative descrptive analysis. The source of the data used is secondary data in the form of library research and is supported by primary data obtained by interview. Based on the research results, the legal protection provided to customers is by applying the principle of confidentiality by banks as regulated in Law Number 10 of 1998 concerning Banking, although the Banking Law does not regulate in detail regarding digital banking. Phishing activities themselves have been regulated and threatened in Law Number 19 of 2016 concerning Information and Electronic Transactions. The responsibility given by the bank is to provide complaint services and carry out inspections/investigations as well as assist customers in finding solutions for losses suffered by customers

Perlindungan Hukum Pekerja di Bidang Jaminan Sosial Tenaga Kerja Pasca Berlakunya PERPU Cipta Kerja Dede Agus
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.22136

The safeguarding of laborers and workers' rights within the framework of social security has evolved through various legislative phases, originating from the Dutch colonial era and culminating in the recent enactment of the Job Creation Perpu No. 2 of 2022. This paper aims to scrutinize the legal protection afforded to laborers in the realm of social security following the implementation of the Job Creation Perpu. Employing normative juridical methods and utilizing statute and conceptual approaches, this research leverages secondary data and qualitative descriptive analysis to explore solutions to legal quandaries. The study reveals that the Job Creation Perpu has modified and updated provisions pertaining to workers' social security within Law No. 40 of 2004 on the National Social Security System and Law No. 24 of 2011 on Organizers of the Social Security Bodies. Consequently, the social security framework now encompasses six distinct programs: health insurance, work accident insurance, old age insurance, pension insurance, death insurance, and job loss insurance. The addition of job loss insurance as a supplementary program enriches social security for workers by offering cash benefits, access to labor market information, and job training to those experiencing layoffs. This comprehensive approach enhances the protection of workers against socio-economic risks within the ambit of social security.

Efektivitas Peraturan Pemerintah Nomor 22 Tahun 2022 dalam PerlindunganHukum dan Pemenuhan Hak Awak Kapal Perikanan Migran Sabrina Sugiatna; Dede Agus; Nuryati Solapari
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.13

Indonesia is a country with abundant marine resources due to the large number of islands in Indonesia,including large and small islands, with approximately 17,508 islands. The high number of islands inIndonesia makes this one of the livelihoods of the Indonesian people, especially those living on thecoastline, namely as fisheries crew members or fishermen. This study aims to analyze the effectiveness ofGovernment Regulation Number 22 of 2022 in providing legal protection and ensuring the fulfillment ofrights for migrant fisheries crew members. The research employs an empirical juridical approach, utilizingliterature review and field studies through direct interviews. The findings reveal that despite the existenceof this regulation, the implementation of legal protection for migrant fisheries crew members remainschallenging. Key issues include weak policy enforcement, limited supervision, lack of legal awarenessamong crew members, and bureaucratic obstacles that hinder access to legal assistance. Additionally,cases of exploitation and labor contract misinterpretation persist, particularly in the high-risk fisheriesindustry. The regulation establishes a clearer legal framework by defining the responsibilities ofplacement companies and the government in ensuring social protection, fair wages, work safety,insurance, and legal aid for crew members. However, gaps in enforcement necessitate collaborative effortsamong government agencies, fisheries companies, and non-governmental organizations. Strengtheningsupervision, legal enforcement, and empowering crew members through legal education and training arecrucial to improving protection. Continuous policy improvements and inter-agency coordination areexpected to enhance the effectiveness of legal protection for migrant fisheries crew members in Indonesia.

Tinjauan Yuridis Terhadap Pembuktian Hak Atas Tanah Menggunakan Eigendom Verponding Berdasarkan Peraturan Pemerintah (PP) Nomor 18 Tahun 2021: Studi Putusan 109/PK/PDT/2022 Ahmad Akmal As Syauki; Dede Agus; Jarkasi Anwar
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.33

This article examines the legal basis and evidentiary strength of using colonial-era Eigendom Verponding in proving land rights under Indonesia's contemporary agrarian law, particularly after Government Regulation (PP) No. 18 of 2021 on Land Management Rights, Land Rights, Condominium Units, and Land Registration. Focusing on Supreme Court Judicial Review Decision No. 109/PK/PDT/2022 concerning the Dago Elos dispute, we show that non-converted eigendom titles lost their validity as private rights after the 24 September 1980 deadline and became state-controlled land. Nevertheless, historical documents can still function as supporting evidence to prioritize applications for new rights by former holders, while physical possession without registered basis remains weak. Methodologically, the study adopts a normative juridical approach using statutory, case, and conceptual analyses. The findings reaffirm Indonesia’s negative publication system: certificates provide strong, not absolute, proof; and orderly conversion/registration is decisive. The article clarifies the evidentiary pathway for claims involving colonial titles post-PP 18/2021 and offers practical implications for BPN, judges, notaries/PPAT, and litigators.

Tinjauan Yuridis Wanprestasi dalam Perjanjian Sewa Lahan Pemerintah Daerah Berdasarkan Buku III KUHPer dan PP No. 27 Tahun 2014 (Studi Kasus Auning Pedagang Stadion Maulana Yusuf Serang) Siti Safitri; Dede Agus; Rully Syahrul Mucharro
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.37

The purpose of this study is to analyze the implementation of the land lease agreement at Maulana Yusuf Stadium in the development of traders’ auning between the Tourism and Sports Office and Basyar Alhafi, and to assess its legal consequences when reviewed from Book III of the Civil Code and Government Regulation Number 27 of 2014 concerning the Utilization of State Property. The research employs a normative juridical method using statutory, conceptual, and case approaches, supported primarily by secondary data and complemented by primary data. The analysis is carried out qualitatively. The findings show that the cooperation agreement formed between the Tourism and Sports Office and Basyar Alhafi did not comply with the required procedures because it was made without discussion or approval from the Mayor of Serang as the authorized holder of regional property management. This procedural defect renders the agreement inconsistent with applicable laws and regulations. Furthermore, the agreement cannot be canceled unilaterally because the tenant, Basyar Alhafi, rejected the cancellation. In conclusion, the dispute requires the Tourism and Sports Office to submit a lawsuit to the Serang District Court to annul the agreement and restore control over the regional property.

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