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All Journal Dinamika Hukum Jurnal Pendidikan Kewarganegaraan Undiksha Jurnal Komunikasi Hukum Ajudikasi : Jurnal Ilmu Hukum SOEPRA Jurnal Hukum Kesehatan Humani (Hukum dan Masyarakat Madani) Jurnal Meta-Yuridis YUSTISI WAJAH HUKUM Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Legal Standing : Jurnal Ilmu Hukum Jurnal Ilmu Hukum The Juris Awang Long Law Review Unes Law Review Jurnal Ilmiah Galuh Justisi JURNAL ILMIAH ADVOKASI JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Transparansi Hukum As-Syar'i : Jurnal Bimbingan & Konseling Keluarga LEGAL BRIEF Yustisi: Jurnal Hukum dan Hukum Islam Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon KADARKUM: Jurnal Pengabdian Kepada Masyarakat Collegium Studiosum Journal Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Al Maqashidi : Jurnal Hukum Islam Nusantara Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Arikha Saputra
Universitas Stikubank (Unisbank)
Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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TINJAUAN YURIDIS TENTANG PERLINDUNGAN HUKUM KEPADA KARYAWAN TERKAIT WANPRESTASI DALAM PERJANJIAN KERJA WAKTU TERTENTU Khairul Habibi; Arikha Saputra
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.1038

Abstract

The default case that occurred at PT Thania Indo Jaya against 2 (two) employees out of a total of 4 (four) employees with a Specific Time Work Agreement (PKWT) who was laid off due to the co-19 pandemic, namely not giving compensation rights to these employees. In this case, the Government is consistent in maintaining PKWT by issuing Perpu Number 2 of 2022 and Government Regulation Number 35 of 2021. The purpose of this study is to determine legal protection for PKWT employees at PT. Thania Indo Jaya Semarang and PKWT arrangements in laws and regulations, legal consequences in the event of default between the Company and employees. This study uses a type or type of normative juridical study. Data collection techniques are carried out through interviews, observation and documentation studies. The results of the study show that legal protection for PKWT employees at PT. Thania Indo Jaya Semarang is in the form of employment social security for employees, except for employees who are still apprentices, where employees who are still apprentices only get guarantees from the funeral service, provide work clothes and work tools, and form a P2K3 team. PT Thania Indo Jaya Semarang has committed a crime (default), so that it can be subject to a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 400,000,000;- (four hundred million rupiah). Legal consequences if there is a default in the work agreement, which in the cancellation of the agreement is regulated in Articles 1451 and 1452 KUHP.
SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA Marshella, Evi; Arikha Saputra
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.856

Abstract

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.
IMPLEMENTATION OF GO RIDE PASSENGER INSURANCE IN ONLINE TRANSPORTATION DUE TO ACCIDENTS Saputra, Arikha; Listyorini, Dyah
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.999

Abstract

The presence of online transportation is considered to really help the community in the process of mobilizing goods or people. Online transportation is currently very popular among the public, because online transportation is considered cheap and practical. Transportation is a system consisting of facilities and infrastructure, supported by management and human resources which form a service network that functions as a driver, driver and supporter of development. Protection by providing compensation for losses is an important basic basis in insurance, requiring the company to have a legitimate financial interest in the object or event being insured. In the context of online transportation, it is important for companies like Gojek to apply this principle in passenger accident life insurance. This research is a legal research using a normative juridical approach. The specifications of this research are analytical descriptive, because this research can provide a comprehensive, systematic picture and analysis of the realities in the field, especially regarding liability and insurance protection contained in legislation. Data collection is carried out by making observations and using applicable legislation. In carrying out transportation activities other than carrying out passenger trips, the transportation service provider is obliged to insure its liability, meaning that the public transportation company is obliged to compensate for losses suffered by passengers or goods senders due to negligence in carrying out transportation services. Based on article 237 paragraph (1) of the Road Traffic and Transportation Law, it is stated that public transportation companies are obliged to participate in an accident insurance program as a manifestation of their responsibility for insurance coverage for victims and public transportation companies are obliged to insure people employed as vehicle crew. The form of insurance protection provided by Gojek to passengers who use its services is the application of Article 302 of the Criminal Code. The online transportation service provider company Gojek provides insurance to passengers to ensure that travel is protected because passenger safety is Gojek's priority. The form of insurance protection for passengers in Gojek online transportation is stated in the GoRide Pasangger Insurance provisions.
PERLINDUNGAN HUKUM BAGI PENYANDANG DISABILITAS DI PT APPAREL ONE INDONESIA 1 Hapsari, Herning Tyas Setyo; Saputra, Arikha
Legal Standing : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.5568

Abstract

Workers with Disabilities, especially those working in private companies, have rights and obligations to obtain welfare. Private companies have an obligation to employ persons with disabilities as much as 1% (one percent) of the total number of employees working in the company. As explained in Article 53 paragraph (2) of Law Number 8 of 2016 concerning Persons with Disabilities which contains "Private companies are required to employ at least 1% (one percent) of Persons with Disabilities from the total number of employees or workers". Workers with disabilities also have other rights such as obtaining employment opportunities in private companies, obtaining positions according to the type and degree of disability, obtaining health, social and other benefits, and the company is obliged to provide adequate accommodation for workers with disabilities as a form of accessibility, in accordance with what is regulated in the legislation. The research method that was carried out by the researchers used normative juridical research methods and the data used primary and secondary data. The data collection technique used in this research is the interview method for employees with disabilities and HRD PT. Apparel One Indonesia 1 has complied with statutory regulations, such as providing opportunities to work. This company has also provided health insurance, social insurance, work accidents, and others. However, accommodation and accessibility within this company are not adequate, and this company has not fulfilled the quota of workers with disabilities of 1% of the total number of employees.  for workers with disabilities without discrimination and has placed positions that are in accordance with the type and degree of disability.
HUKUM ANGKUTAN UMUM ILEGAL BAGI PENUMPANG BILA TERJADI KECELAKAAN Putra, Reza Adi; Saputra, Arikha
Legal Standing : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.5579

Abstract

ABSTRACTTransportation has now become a basic human need in fulfilling its mobility. The government is trying to make this happen by building mass public transportation such as bus rapid transit or BRT, city transportation and online-based transportation. However, it seems that it is still unable to meet the needs of various communities so that illegal public transportation or dark travel with private vehicles with black plates does not meet the requirements for public transportation, so that if an accident occurs it will be weak in the field of legal regulations as stipulated in Law Number 22 of 2009 concerning Traffic and road transport. The author conducted research using normative juridical methods guided by applicable laws and regulations, as well as using analytical descriptive methods to find out and understand the object of study. Illegal public transportation or dark travel operates without a permit to transport passengers without life insurance protection and does not pay mandatory fees as stipulated in Law Number 33 of 1964 concerning Passenger Accident Compulsory Insurance Funds, so that if an accident occurs the legal consequences are weak because they will not receive compensation. loss, if the passenger dies or suffers permanent disability. The government is responsible for organizing public transportation in an effort to meet the need for safe, secure, comfortable and affordable transportation. So public transportation must be in the form of a company that is licensed, legal entity and is required to pay mandatory contributions for life insurance for passengers, if an accident occurs they will receive compensation. Public transportation is illegal if in the event of an accident it will not get compensation due to death and permanent disability, because it does not pay mandatory coverage. As a result, passengers only receive compensation from the vehicle owner.
PERLINDUNGAN HUKUM TERHADAP KERUGIAN KREDITUR DALAM PERJANJIAN LISAN HUTANG PIUTANG AKIBAT WANPRESTASI DENGAN PEMBUKTIAN ELEKTRONIK Fortuna, Arina Dewi; Saputra, Arikha
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.762

Abstract

The case of debts and receivables fulfilling deaflut in the case of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg was caused by the negligence of the debtor which caused the creditor to suffer losses. To obtain its rights, the creditor must prove the existence of the agreement. However, such contracts are only oral in nature and therefore have weak legal force. To prove the debtor’s negligence, creditors use electronic evidence in the form of screenshoot of Whatsapp messages and proof of transfers. Electronic evidence submitted is considered valid evidence under UU No.19 tahun 2016 tentang ITE. This research case is normative legal research and the research method is descriptive analysis. Analysis of The Padang Court Decision Number 153/Pdt.G/2020/Pn Pdg. The results of research on the decision concluded that the legal protection of oppression was given after a dispute arose or was resolved. In this case the creditor filed a lawsuit with The Padang Distric Court to get the fairest settlement. According to creditors to seek legal protection for bankrupt debtors in court when the plaintiff appears to have bad intentions and is evasive. Until the final decision, the plantiff and the defendant must fulfill their obligations under the agreement.
Penerapan Perjanjian Jual Beli Online di Aplikasi Shopee Berdasarkan KUHPERDATA Dan UU ITE Choiril Ilham, Priambudi; Saputra, Arikha
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.917

Abstract

One of the e-commerce that is often used is shopee. In online shopping consumers decide to buy a product with the best reviews. However, in reality, the best rating cannot guarantee that violations will not occur. This could have happened due to the negligence of the seller, user, or expeditionary party. For this reason, Shopee is required to provide assurance regarding online buying and selling agreements and the claim mechanism for these violations in accordance with the Civil Code and Law Number 19 of 2016 concerning ITE. This type of research is normative juridical research with descriptive analytical research methods. Analysis is carried out to obtain clear, systematic and detailed results. The research results in the online sale and purchase agreement must comply with the provisions for effective communication, personal data protection, compliance with consumer protection, use of good policies and procedures, contractual responsibility, timely refunds, and compensation for losses. The mechanism for the claim process carried out by the shopee party in violation of the online buying and selling agreement at shopee is carried out on the principle of good faith, which is the implementation of the UUPK.
Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok Tiara Cantika Puja Ramadani; Dyah Listyarini; Arikha Saputra
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.1699

Abstract

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.
RELEVANSI DISPENSASI KAWIN TERHADAP TINGKAT PERCERAIAN DI PENGADILAN AGAMA SEMARANG Asyifa Nasyadira; Arikha Saputra
Al Maqashidi : Jurnal Hukum Islam Nusantara Vol. 8 No. 2 (2025): Al Maqashidi : Jurnal Hukum Islam Nusantara
Publisher : UNIVERSITAS NAHDLATUL ULAMA SUNAN GIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32665/almaqashidi.v8i2.5040

Abstract

Permohonan dispensasi kawin masih menjadi fenomena yang sering dijumpai dalam praktik peradilan agama meskipun batas usia perkawinan telah ditetapkan secara tegas dalam peraturan perundang-undangan. Di sisi lain, tingginya angka perceraian menimbulkan pertanyaan mengenai kaitannya dengan praktik perkawinan usia dini yang dilegalkan melalui mekanisme dispensasi kawin.Metode penelitian yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan deskriptif. Data primer diperoleh melalui wawancara dengan hakim di Pengadilan Agama Semarang, sedangkan data sekunder bersumber dari putusan pengadilan, peraturan perundang-undangan, serta literatur hukum yang relevan, khususnya putusan perkara tahun 2021–2024.Hasil penelitian ini menunjukkan bahwa meskipun jumlah permohonan dispensasi kawin dan perkara perceraian di Pengadilan Agama Semarang sama-sama mengalami tren penurunan dalam periode tersebut, jumlah perkara perceraian tetap jauh lebih tinggi dibandingkan dengan permohonan dispensasi kawin. Dispensasi kawin memiliki hubungan dengan potensi kerentanan rumah tangga, namun bukan merupakan faktor utama penyebab terjadinya perceraian. Faktor dominan perceraian lebih banyak dipengaruhi oleh perselisihan terus-menerus, masalah ekonomi, dan perselingkuhan, bukan semata-mata usia perkawinan dini. Pengadilan Agama Semarang telah melakukan berbagai upaya preventif dan kuratif dalam menanggulangi permasalahan tersebut, antara lain melalui program konseling “Simpang Lima” bekerja sama dengan Dinas Pemberdayaan Perempuan dan Perlindungan Anak (DP3A), serta optimalisasi mediasi dalam perkara perceraian. Kata Kunci: Dispensasi Kawin, Perceraian, Pengadilan Agama Semarang, Pernikahan Dini  
Co-Authors Adi Suliantoro Adi Suliantoro Adrian Avan Rizqy Saputra Alda Meydiyana Sagita Alfiana, Ana Analia, Rindu Bening Anisa Putri Agustin Annisa Auwla Fil Ibadiyah Ardhan Ardiyanto Aris Nursetyabudi Asyifa Nasyadira Bayu Kurniawan Choiril Ilham, Priambudi Della Cahaya Ningrum Dilaga, Daniel Dikya Dyah Listiyorini Dyah Listyarini Dyah Listyarini Dyah Listyarini, Dyah Dyah Listyorini Dyah Listyorini Fitika Andraini Fortuna, Arina Dewi Hana Nur Falinda Hapsari, Herning Tyas Setyo Hermawan, M. Ibnu Ibadiyah, Annisa Auwla Fil Indra Cahyaning Widhi Siswoyo Khairul Habibi Listiyorini, Dyah Listyorini, Dyah M. Rizal Fachruddin Marshella, Evi Maulyda Zulfa Fajri A Mita Ayu Larasati Muhammad Tirta Aji Nughroho Mukti Sari Muzayanah Muzayanah Muzayanah Muzayanah Novendra, Agista Yusuf Putra, Reza Adi Sanistya Ardi Lestari Septiyanto, Raskhafi Fajar Suciyaningsih Surya Darma Susanto, Albertus Fredi Teguh Wahyu Akbari Tiara Cantika Puja Ramadani Tiara Cantika Puja Ramadani Wulan Ndari, Mita Yohanes Setyo Budi Gunawan Yuli Antono, Vydo