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All Journal Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Cakrawala Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Konstitusi Jurnal Ius Constituendum Media Iuris International Journal of Business, Law, and Education Batulis Civil Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Konstitusi East Asian Journal of Multidisciplinary Research (EAJMR) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika PATTIMURA Legal Journal Mamangan Social Science Journal Danadyaksa: Post Modern Economy Journal
Abdul Rachmad Budiono
Fakulas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Analysis of The Implementation of Criminal Sanctions for Employer Non-Compliance in Paying Contributions BPJS Health Suhilman, Akhril Frambuniman; Budiono, Abdul Rachmad; Santoso, Budi
Jurnal Ilmu Sosial Mamangan Vol 12, No 3 (2025): Jurnal Ilmu Sosial Mamangan Accredited 2 (SK Dirjen Ristek Dikti No. 0173/C3/DT
Publisher : LPPM Universitas PGRI Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22202/mamangan.v12i3.9589

Abstract

Health insurance is implemented with the aim of ensuring that participants receive health care benefits and protection to meet their basic health needs. However, many companies still violate Article 19 (1) or (2) of the BPJS Law, which states that companies have not complied with collecting, paying, and depositing premiums that are the responsibility of employees from their company to the Social Security Agency for Health (BPJS Kesehatan), resulting in many companies defaulting on BPJS Kesehatan insurance premiums and directly harming their employees who cannot utilize health insurance when they need health services. This study aims to analyze the application of criminal sanctions for companies non-compliance with BPJS Kesehatan insurance premium payments. The research method used is socio-legal empirical research. Employees who have not registered as BPJS participants and have never paid premiums cannot be categorized as participants. There are three conditions that lead to the imposition of criminal sanctions under Article 55 of the BPJS Law: (1) the company does not collect premiums that should be covered by the employees themselves; (2) the company have collected premiums that should be covered by employees, but the company didn’t deposit them to BPJS; (3) company do not pay and deposit premiums that are their responsibility to BPJS.
Analysis of the Implementation of Criminal Sanctions for Employer Non-Compliance in Paying Contributions BPJS Health Suhilman, Akhril Frambuniman; Budiono, Abdul Rachmad; Santoso, Budi
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1155

Abstract

Health insurance is implemented with the aim of ensuring that participants receive health care benefits and protection to meet their basic health needs. However, many companies still violate Article 19 (1) or (2) of the BPJS Law, which states that companies have not complied with collecting, paying, and depositing premiums that are the responsibility of employees from their company to the Social Security Agency for Health (BPJS Kesehatan), resulting in many companies defaulting on BPJS Kesehatan insurance premiums and directly harming their employees who cannot utilize health insurance when they need health services. This study aims to analyze the application of criminal sanctions for companies non-compliance with BPJS Kesehatan insurance premium payments. The research method used is socio-legal empirical research. Employees who have not registered as BPJS participants and have never paid premiums cannot be categorized as participants. There are three conditions that lead to the imposition of criminal sanctions under Article 55 of the BPJS Law: (1) the company does not collect premiums that should be covered by the employees themselves; (2) the company have collected premiums that should be covered by employees, but the company didn’t deposit them to BPJS; (3) company do not pay and deposit premiums that are their responsibility to BPJS.
Ratio Legis Phrase "Mandatory" in Government Regulation on Land Deed Making Officer As Protocol Recipient Arianti, Rizki Diaswari Laila; Budiono, Abdul Rachmad; Masykur, Mohammad Hamidi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025): IJIERM Edition May, Indonesia, Egypt, Italy, Thailand, Irak, Negeria, Vietnam, An
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.471

Abstract

The phrase “obligatory” in the government regulation regarding the Land Deed Official as the recipient of the protocol has significant legal implications in determining the nature of his/her obligations. The ratio legis of this phrase is important to assess whether the obligation is absolute or conditional, which affects legal certainty and uniformity of its application. This study uses a normative legal method, namely analyzing legal norms through the interpretation of relevant laws, regulations, and legal doctrines. This study relies on primary legal materials, including laws and government regulations; secondary legal materials, such as legal commentaries and scientific articles; and tertiary legal materials, including legal dictionaries and encyclopedias. Data collection was carried out through a literature study, which ensured a comprehensive examination of legal texts and academic discussions. This study aims to evaluate the extent to which the term “obligatory” imposes binding duties on the Land Deed Official in receiving and managing the protocol. The research findings indicate that the phrase “obligatory” reflects an imperative legal obligation based on the theory of legal positivism, which prioritizes compliance with written legal norms. However, from the perspective of the theory of legal certainty (Rechtszekerheid), the regulation is less clear in defining the procedural mechanism, resulting in inconsistent application among Land Deed Officials. This ambiguity poses challenges in enforcing uniform practices, potentially undermining the effectiveness of the regulation.
Legal Protection for Land Grant Beneficiaries Against Revocation Efforts by Donors in Indonesian Religious Courts Hassan, Salman; Budiono, Abdul Rachmad; Harini, Novitasari Dian Phra
Danadyaksa: Post Modern Economy Journal Vol. 3 No. 1 (2025): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v3i1.152

Abstract

This study aims to examine the legal basis and judicial practice regarding the revocation of land grants (hibah) by the donor and to analyze the legal protection granted to beneficiaries of land grants in the Indonesian legal system. The research employs a normative juridical method supported by a case approach, using primary legal sources such as the Compilation of Islamic Law (KHI), the Compilation of Sharia Economic Law (KHES), and the Civil Code (KUHPerdata). Three religious court decisions were analyzed: Decision No. 1175/Pdt.G/2024/PA.Smn, Decision No. 236/Pdt.G/2017/PA.Pal, and Decision No. 601/Pdt.G/2020/PA.Tnk, all of which addressed grant cancellations due to exceeding the legal limit of one-third of the donor's estate. The findings indicate discrepancies in the legal reasoning among judges. Some judges considered only the grant deed invalid while maintaining the legal status of the grant, whereas others invalidated both the grant and the deed, creating legal uncertainty for the beneficiaries. The research concludes that although a land grant is legally binding and irrevocable under normal circumstances, its legitimacy can be questioned and revoked if it violates inheritance rights or exceeds the permitted limit without the heirs' consent. The study emphasizes the need for legal harmonization and more consistent judicial interpretation to ensure legal certainty and justice for grant recipients.
Provision of Compensation and Damages for Termination of a Fixed-Term Employment Agreement Before the End of the Term with Legal Certainty Mulyono, Dedy Surya; Budiono, Abdul Rachmad; Santoso, Budi
PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i2.20117

Abstract

Introduction: Fixed-Time Employment Agreement before the end of the period often creates legal uncertainty regarding the provision of compensation and damages. The lack of clarity in regulations encourages the need for legal analysis and reconstruction to ensure certainty, justice, and protection of rights for workers and employers. Purposes of the Research: This research aims to explore and reinterpret the concepts of damages and compensation within the framework of employment law, particularly in the context of early termination of Fixed-Term Employment Agreements. By examining the legal ambiguities that often arise in such cases, the study seeks to develop a reconstructed legal model that ensures clarity and consistency in determining entitlements. This reconstruction is expected to contribute to the realization of equitable treatment and stronger legal safeguards for both employers and employees involved. Methods of the Research: This study uses a legal research method with a statutory approach and a case approach. The legal materials used include primary legal materials (statutory regulations and court decisions), secondary (books, research results and journals) and tertiary (Indonesian dictionary). The legal materials are obtained from studies which will then be analyzed using analysis techniques in the form of systematic interpretation and grammatical interpretation. Results Main Findings of the Research: The results of the analysis show that the meaning of compensation and damages in Fixed-Time Employment Agreement have fundamental differences, where compensation is given due to termination of employment that is not in accordance with the provisions, while compensation is a reward for work that has been completed. Legal certainty related to both terms is important to ensure justice and the implementation of workers' rights consistently.
Co-Authors Adi Widjaja Aditya Syahrul Ikram Angga Dwi Prasetyo Arianti, Rizki Diaswari Laila Bambang Winarno Budi Santoso Didik Artino Jamaludin Djumikasih Dwi Budi Santoso Endang Sri Kawuryan Erma Defiana Putriyanti Hanif Nur Widhiyanti Harini, Novitasari Dian Phra Hartina Ruth Manora Hassan, Salman Imam Koeswahyono Luth, Thohir Masykur, Mohammad Hamidi Maya Sari Mazarini Maulidia Aizza Udin Mulyono, Dedy Surya Natalia Maria Liju Putra, I Gusti Ngurah Bayu Pratama Putri, Cyndiarnis Cahyaning Reka Dewantara Santoso, Budi Sekarasih, Setijati Setijati Sekarasih Shinta Hadiyantina Suhilman, Akhril Frambuniman Sukarmi Sukarmi, Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Try Wahyu Widanarti Yenny Eta Widyanti Yenny Eta Widyanti