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Responsibility in Transfer of Workers' Wages Limited Liability Company Bankruptcy Abdullah, Ali; Jum Anggriani; Yongky Putut Angki Anata
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1088

Abstract

The issue of responsibility in the transfer of workers' wages in a limited liability company that is bankrupt is an important issue in employment and bankruptcy law. When a limited liability company (PT) is declared bankrupt, there are significant challenges related to workers' rights, especially regarding unpaid wages. This study aims to analyze the legal responsibility in the transfer of workers' wage payment obligations from a bankrupt company to other parties, such as a third party or a replacement company. The methodology of this study uses a qualitative approach with case studies of several companies that are bankrupt. Data were collected through literature reviews, interviews with legal practitioners, and analysis of applicable laws and regulations. The findings of this study indicate that responsibility in the transfer of workers' wages depends not only on existing legal provisions, but also on the agreement between the parties involved in the bankruptcy process. The results of this study reveal that in practice, the transfer of responsibility for workers' wages often creates uncertainty for workers, especially in terms of certainty of payment. Recommendations provided include the need for clearer regulations regarding the transfer of wage obligations, as well as increasing legal protection for workers affected by company bankruptcy.
Implementation of Law No. 23 of 2024 concerning Domestic Violence in Karang Suraga Village, Cinangka, Serang, Banten. Anggriani, Jum; Abdullah, Ali; Arifardhani, Yoyo; Wulan W, Utji Sri
IJCS: International Journal of Community Service Vol. 3 No. 2 (2024): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v3i2.1252

Abstract

This study analyzes the implementation of Law No. 23 of 2004 concerning the Elimination of Domestic Violence (KDRT) in Karang Suraga Village, Cinangka, Serang, Banten. The main focus of the study is to identify the effectiveness of the implementation of the law in the context of a village community that still strongly adheres to a patrilineal system. Using a qualitative approach with a normative-empirical legal research method, this study combines analysis of legal aspects and social realities in the field. Data collection was conducted through in-depth interviews with community leaders, law enforcement officers, victims of domestic violence, and village officials, and supported by non-participant observation and documentation studies. The results of the study indicate that the implementation of the Domestic Violence Law in Karang Suraga Village still faces significant challenges rooted in patriarchal cultural factors, socio-economic conditions, and the level of community education. Although the village government has established a complaint and family counseling post, its effectiveness is hampered by the view of the community that still considers domestic violence as a family disgrace. The identified impacts of domestic violence include prolonged trauma for victims and negative effects on child development. This study recommends the importance of a comprehensive approach that combines legal aspects with socio-cultural transformation to create sustainable change in efforts to eliminate domestic violence at the village level.
Study of the 30% Quota of Women's Representation Against the Number of Legislative Members of the People's Representative Council of the Republic of Indonesia Anggriani, Jum; Indah Harlina; Annisa Rahma
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.1312

Abstract

This study examines the phenomenon of the 30% quota of women's representation in the Indonesian House of Representatives (DPR RI) legislative institution not being met even though affirmative policies have been implemented for almost two decades. Using a normative legal method supported by a legislative, conceptual, comparative, and historical approach, this study identifies various factors inhibiting women's representation. The results of the study show that women's representation in the Indonesian House of Representatives (DPR RI) still reached 20.52% in the 2019 Election, not meeting the 30% target. The identified structural obstacles include the subordination of women in politics, the practice of money politics, a gender-biased recruitment system, and a deficit in women's political-social capital. The study recommends a comprehensive strategy in the form of gender mainstreaming in policy, women's capacity building, gender-just legal reform, political culture transformation, and a multi-stakeholder approach. This study contributes to the development of studies on gender politics and women's political representation, while also providing input for policy makers to improve regulations on women's representation in the general election system.
Legal Construction Analysis for Ship Chartering in Indonesia: Comparison of BIMCO Agreement and Indonesian Maritime Transport Agreement Chandra, Capt.; Anggriani, Jum; Andreas Sapta Finady
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1347

Abstract

This research analyzes the comparative legal construction between BIMCO standard agreements and Indonesian Sea Transportation Agreements in the context of ship chartering. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research identifies fundamental divergences in the orientation and objectives of these legal instruments. BIMCO standards demonstrate a commercial global orientation with transaction flexibility and efficiency, while Indonesian Sea Transportation Agreements maintain a regulatory-national orientation focusing on domestic maritime policies. This disparity creates harmonization challenges for cross-border shipping operators, increasing transaction costs and dispute resolution complexity. This research formulates an ideal legal construction model through a selective harmonization approach with three pillars: commercial adaptability, protection of national interests, and legal certainty. Implementing this model has the potential to strengthen the competitiveness of Indonesia's shipping industry in the global maritime ecosystem and support the Global Maritime Fulcrum vision.
Criminal Act of Embezzlement of Funds and Positions In Foundations for Personal Interests Muhammad Chaerul Ichsan; Anggriani, Jum
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1382

Abstract

This study examines the phenomenon of criminal acts of fund embezzlement and position abuse in foundations as non-profit organizations in Indonesia. Using normative juridical method with descriptive-analytical approach, the research analyzes characteristics and modus operandi of embezzlement, causative factors, effectiveness of criminal law enforcement, impacts on foundation operations and public trust, and comprehensive prevention strategies. Research findings indicate that inclusion in foundations is generally committed by individuals with direct access to financial management through financial report manipulation, aid fund diversion, and procurement abuse. Main causative factors include weak corporate governance, paternalistic culture, and minimal internal-external oversight. Implementation of criminal law provisions faces obstacles of regulatory overlap, evidence complexity, and verdict inconsistency. Systemic impacts in the form of public trust erosion hinder the philanthropic sector as a whole. Prevention strategies require governance structure improvement, law enforcement coordination enhancement, and technology utilization for fraud detection in maintaining the integrity of Indonesia's philanthropic sector
The Role of P2TP2A for Women Victims of Domestic Violence as a Form of Realization of Human Rights Enforcement Erlitha Dewi Ramadhiana; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1384

Abstract

This research analyzes the role of Integrated Service Centers for Women and Children Empowerment (P2TP2A) towards women victims of domestic violence as a manifestation of human rights enforcement in Indonesia. Using normative juridical method, this study examines the juridical construction of P2TP2A based on the hierarchy of legislation and international human rights instruments. The findings indicate that although P2TP2A has a strong legal foundation from the 1945 Constitution to Ministry Regulation No. 5/2010, its implementation faces significant paradox between normative ideality and practical reality. Of 514 regencies/cities, only 398 have P2TP2A with varying operational readiness, while 67% of victims are unaware of this institution's existence. Determinant factors affecting effectiveness include institutional capacity disparities, limited competent human resources, suboptimal inter-stakeholder coordination, and persistent patriarchal culture. The research formulates a holistic capacity strengthening model based on four pillars: human resource competency standardization, coordination optimization, infrastructure strengthening, and outcome-based monitoring systems to realize sustainable victim protection.
Civil Law Transformation in the Digital Age: Challenges and Opportunities Anggriani, Jum; Mukri, Moh; Jaya, Eni; Tarigan, Ester; Suprapti, Endang
ASAS Vol. 17 No. 01 (2025): Asas, Vol. 17, No. 01 Juni 2025
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v17i1.25927

Abstract

Digital transformation has brought about fundamental changes in the Indonesian civil law system. This study aims to analyze the impacts, challenges, and opportunities of digital transformation in the context of civil law, as well as to formulate an ideal transformation model to accommodate the needs of the digital era. This study uses a normative legal research method with a qualitative approach based on literature studies and analysis of primary and secondary legal documents, including the application of sharia principles in digital transactions. One example of a case raised is the implementation of the murabahah contract in sharia e-commerce transactions that have not received explicit protection and recognition in the Civil Code, especially regarding the agreement clause and non-physical objects of sale and purchase such as digital assets. In practice, this sharia contract clause is often not accommodated by the conventional civil law structure, especially Article 1320 of the Civil Code concerning the valid conditions of an agreement and Article 1457 concerning sale and purchase. The results of the study indicate that digital transformation requires a reinterpretation of the basic concepts of civil law, the development of an adaptive regulatory framework, and the strengthening of digital infrastructure. The ideal legal transformation model should prioritize the principles of neutral technology and international harmonization, while maintaining the characteristics of the national legal system and the values ​​of sharia economic law. Key challenges include the digital divide, cybersecurity, and personal data protection, while opportunities include increasing the efficiency, accessibility, and transparency of the legal system. This study recommends developing a comprehensive regulatory framework, strengthening digital infrastructure, and increasing human resource capacity to support inclusive digital civil law transformation that is in line with sharia principles.
Perlindungan Hukum Terhadap Pelaku Usaha Perdagangan Elektronik Dalam Melakukan Transaksi Cash On Delivery Di Shopee Ridwansyah, Zulfi; Anggriani, Jum
Innovative: Journal Of Social Science Research Vol. 5 No. 4 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i4.20657

Abstract

Hadirnya ¬e-commerce di Indonesia membentuk suatu tatanan baru dalam bidang perdagangan yang dahulu dilakukan secara konvensional, kini dikenal dengan perdagangan elektronik. Perdagangan elektronik ini menggunakan suatu platform dalam hal ini Shopee. Namun dalam perkembangan transaksinya mengalami beberapa permasalahan, teruma terhadap perlindungan pelaku usaha, khususnya dalam hal metode pembayaran Cash On Delivery. Berdasarkan hal itu, penelitian ini memiliki rumusan permasalahan, antara lain: Bagaimana hubungan hukum antara para pihak dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee dan Bagaimana perlindungan hukum terhadap pelaku usaha dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee. Penelitian ini menggunakan jenis penelitian hukum normatif, dimana dalam metode analisisnya menggunakan analisis kualitatif deskriptif. Adapun hasil dalam penelitian ini,yaitu: Hubungan hukum antara para pihak dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee merupakan hubungan hukum bersegi dua; dan Perlindungan hukum terhadap pelaku usaha dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee terdapat dapat dilihat dalam Pasal 6 Undang-Undang Perlindungan Konsumen (UUPK) tentang hak-hak pelaku usaha.
Maqashid Based Quránic Interpretation: An Inclusive Approach for the Millenial Generation Said, Hasani Ahmad; Mukri, Moh; Anggriani, Jum; Wakhid, Ali Abdul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/pdjqc552

Abstract

This study develops a maqashid-based inclusive Qur'anic interpretation framework specifically designed for the millennial generation, addressing the significant decline in Qur'anic literacy among young Muslims. The research employs a qualitative approach utilizing library research methodology, integrating hermeneutic analysis, content analysis, and comparative analysis to examine classical maqashid literature and contemporary interpretation challenges. The maqashid al-shariah approach, emphasizing the five essential objectives of preserving religion, life, intellect, lineage, and wealth, provides the theoretical foundation for developing interpretation methods that are both theologically authentic and contextually relevant. The mashlahah (public interest) framework serves as the primary evaluative mechanism for assessing the effectiveness and appropriateness of contemporary interpretation approaches. Results demonstrate successful integration of classical Islamic principles with millennial learning preferences, addressing challenges including digital misinformation, psychological compatibility, gender inclusivity, and cultural diversity. The framework provides systematic solutions for quality control in digital Islamic education, algorithmic bias mitigation, and the development of engaging yet scholarly interpretation content. Implementation guidelines offer practical approaches for educators and institutions to adopt maqashid-based interpretation methods effectively. The study confirms that Islamic teachings remain suitable for all times and places (al-Islam shalih li kulli zaman wa al-makan), demonstrating how Qur'anic interpretation can evolve methodologically while preserving essential principles. This research contributes significantly to Islamic educational theory, providing innovative approaches that maintain scholarly rigor while addressing contemporary generational needs and challenges.
PREVENTION OF VIOLENCE, NEGLECT AND EXPLOITATION AGAINST CHILDREN REVIEWED FROM LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION Anggriani, Jum; Indah Harlina; Yoyo Arifardhani; Utji Sri Wulan W; Finady, Andreas Sapta
International Journal of Community Service (IJCS) Vol. 4 No. 2 (2025): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v4i2.1314

Abstract

This community service program examines the implementation of Law Number 35 of 2014 concerning Child Protection in efforts to prevent violence, neglect, and exploitation of children in target communities. Using empirical legal methods with a legislative, participatory, and case approach, this program aims to socialize child protection policies, identify barriers to implementation at the community level, and formulate joint action strategies to optimize prevention efforts. The results of the community service show that although the legal framework for child protection has been strengthened, its understanding and implementation in the community still face structural, substantial, and cultural challenges. Inhibiting factors include low legal literacy in the community, lack of understanding of reporting mechanisms, limited access to protection services in the regions, and socio-cultural norms that still legitimize violence as a form of discipline. Optimization strategies developed together with the community include the establishment of village-level child protection forums, training of child protection cadres, community-based education campaigns, utilization of technology for reporting systems, and development of special protocols for handling cases in disaster situations. A collaborative approach involving community leaders, schools, families, and children themselves is key to the sustainability of child violence prevention programs in the community.