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All Journal Indonesian Journal of Engagement, Community Services, Empowerment and Development (IJECSED) Jurnal Res Justitia : Jurnal Ilmu Hukum Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Jurnal Hukum dan HAM Wara Sains
Irwan Sapta Putra
Universitas Bina Bangsa
Education Law, Crime, Criminology & Criminal Justice Other

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TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERKAIT TENAGA KERJA PEREMPUAN ATAS HAK CUTI HAID DALAM PERJANJIAN KERJA BERSAMA (PKB) DI PT. NIKOMAS GEMILANG BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Irwan Sapta Putra; Mohammad Hifni; Analisa BR Gurusinga
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.913

Abstract

Legal protection for the right to menstrual leave is part of the fulfillment of the normative rights of female workers guaranteed in Article 81 of Law Number 13 of 2003 concerning Manpower. Although normatively, this right has received legal recognition, its implementation in industrial relations still faces various obstacles, such as a productivity-oriented work culture, low legal awareness of workers, ineffective administrative procedures, and workers' concerns about performance appraisals when using the right to menstrual leave. These conditions indicate a gap between legal regulations and their implementation in practice, so that a legal study is needed regarding the regulation and protection of civil law for the implementation of the right to menstrual leave for female workers at PT Nikomas Gemilang. The formulation of the problem in this research includes: (1) how the regulation of menstrual leave rights for female workers in employment relations is reviewed based on Law Number 13 of 2003 concerning Employment and the principles of civil law in employment agreements; and (2) how is the civil law protection for female workers regarding the implementation of menstrual leave rights in employment relations between workers and employers at PT Nikomas Gemilang. This study employed an empirical legal research method with an empirical juridical approach. Data were obtained through a literature review of laws and regulations, books, and scientific articles, as well as field research through interviews with the Management of PSP-SPN PT Nikomas Gemilang as resource persons. All data were analyzed qualitatively using a descriptive-analytical approach to obtain an overview of the effectiveness of legal protection for the implementation of menstrual leave rights. The results of the study indicate that the regulation of menstrual leave rights has a strong legal basis based on Article 81 of Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 has been implemented in the Collective Labor Agreement (PKB) of PT Nikomas Gemilang as part of the reproductive rights of female workers. Viewed from a civil law perspective, these regulations reflect the application of the principle of freedom of contract limited by law, the principle of pacta sunt servanda, and the principle of good faith. However, the effectiveness of legal protection is still influenced by legal culture factors, implementation procedures, and the level of legal awareness of the parties. Therefore, it is necessary to strengthen implementation through simplification of procedures for implementing menstrual leave rights, increased supervision by companies and trade unions, and ongoing socialization regarding the reproductive rights of female workers to achieve legal certainty, justice, and benefits in industrial relations.
TINJAUAN YURIDIS TERHADAP PEMOTONGAN TUNJANGAN JABATAN SECARA SEPIHAK OLEH PERUSAHAAN PT LUHAI INDUSTRIAL BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 Irwan Sapta Putra; Mohammad Hifni; Lucki Hidayanto
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.914

Abstract

This study aims to analyze the juridical review of unilateral position allowance deductions based on Law Number 6 of 2023, examine the legality of the position allowance deduction policy implemented by PT Luhai Industrial, and analyze the company's efforts to resolve the resulting disputes. This study employed an empirical juridical method with a qualitative approach. Data were collected through interviews with the Human Resources Development (HRD) department, production supervisors, and affected employees, supported by a literature review of primary, secondary, and tertiary legal materials. The data were analyzed using qualitative juridical analysis through data classification, analysis based on statutory regulations, and deductive conclusion drawing. The findings indicate that PT Luhai Industrial implemented position allowance deductions due to operational adjustments and cost-efficiency measures based on management decisions. However, the policy was implemented without employees' consent and without amendments to the employment agreements, rendering it inconsistent with the provisions of Law Number 6 of 2023 and resulting in suboptimal legal protection of employees' normative rights. Furthermore, the company's dispute resolution efforts remained limited to internal communication and did not prioritize participatory negotiation mechanisms. Therefore, greater transparency, employee involvement in decision-making affecting their economic rights, and the optimization of bipartite negotiations are necessary to strengthen the resolution of industrial relations disputes.
TINJAUAN YURIDIS TENTANG PELAKSANAAN PERJANJIAN TANGGUNG JAWAB ANGGOTA KOPERASI DALAM MENGATASI KREDIT MACET (Studi Kasus PNM Mekaar Pasar Kemis, Kab. Tangerang) Irwan Sapta Putra; Mohammad Hifni; Silvia Amanah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.916

Abstract

The implementation of financing agreements at PNM Mekaar employs a joint liability system as a form of shared responsibility among group members. In practice, however, problems such as non-performing loans still arise, affecting the smooth payment of installments and impacting other group members. This study aims to analyze the implementation of cooperative member liability agreements at PNM Mekaar, the factors causing non-performing loans, and efforts to address them. This study employs an empirical legal research method with an empirical juridical approach. Data were collected through interviews, observations, and a literature review, and were subsequently analyzed qualitatively. The results of the study indicate that the implementation of financing agreements has been in accordance with applicable legal provisions. However, nonperforming loans were still found to be caused by internal factors—such as a decline in business income, health issues, and poor financial management—as well as external factors, including a lack of good faith on the part of members and changes of residence without prior notice. In addressing these issues, PNM Mekaar prioritizes communication, deliberation, and visits to members before implementing the joint liability system as stipulated in the agreement. Based on the research findings, the implementation of the joint liability agreement at PNM Mekaar has been carried out in accordance with legal provisions; however, its effectiveness is still influenced by members’ awareness and sense of responsibility in fulfilling their obligations.
PERLINDUNGAN HUKUM BAGI PEMBELI TERHADAP BALIK NAMA SERTIFIKAT HAK GUNA BANGUNAN BERDASARKAN JUAL BELI DI BAWAH TANGAN TANPA KEHADIRAN PEMILIK ASAL (STUDI PUTUSAN PENGADILAN NEGERI SERANG NOMOR 119/PDT.G/2025/PN SRG). Irwan Sapta Putra; Mohammad Hifni; Muhammad Solihin
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.917

Abstract

Under-hand land sales frequently cause administrative obstacles in registering the title transfer of a Building Use Rights Certificate (SHGB) when the original owner's whereabouts are unknown, preventing the execution of a Sale and Purchase Deed (AJB) before a PPAT. This study aims to analyze the legal protection for good-faith buyers and the legal consequences on SHGB ownership based on Serang District Court Decision No. 119/Pdt.G/2025/PN Srg. This normative legal research employs statutory and case approaches analyzed qualitatively. The results indicate that: (1) Legal protection for a good-faith buyer is granted repressively through a court ruling, which legally serves as a substitute for the original owner's presence and signature during the title transfer process. (2) The legal consequence prior to the court ruling is an administrative deadlock; however, once the decision becomes final and binding (inkracht), the buyer's civil rights are fully restored, obligating the Land Office to process the title transfer under the buyer's name.
TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN DI DINAS PERDAGANG KABUPATEN TANGERANG DALAM TRANSAKSI JUAL BELI ONLINE BERDASARKAN UNDANG – UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Mohammad Hifni; Irwan Sapta Putra; Ikko Alfaryzi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.918

Abstract

The purpose of this research is to understand the legal protection provided to consumers when conducting online transactions in the Tangerang Regency area, the types of entrepreneur liability if consumers suffer losses, and the effectiveness of Law Number 8 of 1999 concerning Consumer Protection in such transactions. This is a qualitative empirical legal study conducted at the Disperindag (Department of Industry and Trade) of Tangerang Regency. After being obtained thru observation, interviews, and documentary research, the data were analyzed descriptively qualitatively to ensure its validity. This was done thru triangulation of techniques and sources. The research results show that there are two preventive pathways that protect consumers in Tangerang Regency. The preventive path consists of training and supervision provided by the Department of Trade and Industry (Disperindag), while the repressive path consists of settlement services provided by the Consumer Dispute Settlement Agency (BPSK) Work Area of Province I Banten. Article 19 of the Consumer Protection law stipulates that business actors are responsible for the losses suffered by consumers. This compensation can be achevied thru negatiation, BPSK, or the court route. Due to instituional limitation, lack of consumer legal awareness, and a legal culture in  society that is not yet fully proactive in filing complaints, the implementation of the Consumer Dispute Settlement Agency (CDSA) Work Area of Banten Provience I. To optimize consumer protection in elecronic transactions in the Tangeranga area, this research suggests strengthening supervision, digitizing complain  services, and consumer legal literacy.
TINJAUAN YURIDIS TERHADAP HAK-HAK PEKERJA DI PT. MAYORA INDAH TBK BERDASARKAN UNDANG-UNDANG NO. 6 TAHUN 2023 TENTANG PENETAPAN PERPU CIPTA KERJA MENJADI UNDANG-UNDANG Mohammad Hifni; Irwan Sapta Putra; Khusaeni Khusaeni
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.919

Abstract

This study aims to examine the application of law in fulfilling workers' rights at PT Mayora Indah Tbk based on the provisions of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. The research employed an empirical legal research method with a descriptive approach. Data were obtained through direct observation at the company, interviews with authorized parties, and documentation studies. The data were then analyzed using primary, secondary, and tertiary legal materials to obtain a picture of the implementation of legal protection for workers. The results of the study indicate that PT Mayora Indah Tbk has implemented various efforts to fulfill workers' rights, such as providing wages in accordance with minimum wage provisions, implementing social security and health insurance programs, and regulating working hours and shift work systems. However, several obstacles were still found, including a lack of transparency in calculating overtime wages, a lack of clarity on the employment status of PKWT workers and outsourced workers, and inconsistent implementation of working hours and rest periods in accordance with statutory regulations. Therefore, increased supervision, transparency of company policies, and strengthening the role of labor unions are needed so that legal certainty and protection of workers' rights can be optimally realized.
ANALISIS YURIDIS TENTANG PENGGABUNGAN GUGATAN WANPRESTASI DAN PERBUATAN MELAWAN HUKUM BERDASARKAN SEMA NO. 1 TAHUN 2022. (STUDI PUTUSAN NOMOR 75/PDT.G/2024/PN SRG). Irwan Sapta Putra; Mohammad Hifni; Lime Shie
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.920

Abstract

The joinder of claims for breach of contract and unlawful acts in a single lawsuit remains an issue that gives rise to differing interpretations in the practice of civil litigation in Indonesia. To address these differences in judicial application, the Supreme Court of the Republic of Indonesia issued Supreme Court Circular Letter (SEMA) Number 1 of 2022, which provides guidance that the joinder of claims for breach of contract and unlawful acts is permissible, provided that there is a close connection between the facts and legal relationship underlying the claims and that the posita and petitum are formulated clearly and systematically. This study aims to analyze the legal regulation concerning the joinder of claims for breach of contract and unlawful acts based on the Indonesian Civil Code, Supreme Court Circular Letter Number 1 of 2022, and the doctrines of Indonesian civil law, as well as to examine the judges’ legal reasoning in Decision Number 75/Pdt.G/2024/PN SRG regarding the implementation of Supreme Court Circular Letter Number 1 of 2022. This study employs a normative juridical research method using statutory, conceptual, and case approaches. The legal materials consist of primary legal materials, namely the Indonesian Civil Code, Supreme Court Circular Letter Number 1 of 2022, and Decision Number 75/Pdt.G/2024/PN SRG. The results of this study indicate that the joinder of claims for breach of contract and unlawful acts is, in principle, permissible provided that it fulfills the requirements stipulated in Supreme Court Circular Letter Number 1 of 2022. The panel of judges accepted the joinder of claims on the grounds that the elements of breach of contract and unlawful acts were closely interconnected and could not be separated, making it more effective to resolve them in a single judicial proceeding. The judges' legal reasoning is consistent with the objectives of Supreme Court Circular Letter Number 1 of 2022, namely to realize the principles of simple, speedy, and low-cost judicial proceedings, prevent contradictory judgments, and provide legal certainty for the parties.
TINJAUAN YURIDIS TERHADAP PENYELESAIAN KREDIT MACET AKIBAT WANPRESTASI NASABAH PADA PT BPR BERKAH (PERSERODA) PANDEGLANG Mohammad Hifni; Irwan Sapta Putra; Mochamad Reggy Syah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.922

Abstract

Banks (BPR), and can significantly impact a bank's financial health and business continuity. PT BPR Berkah (Perseroda) Pandeglang experienced a sharp increase in its gross NPL ratio—rising from 7.53% in 2024 to 13.74% as of May 2026—far exceeding the 5% maximum limit set by the Financial Services Authority (OJK). This study aims to analyze the mechanisms for resolving non-performing loans and the factors causing customer default, as well as to provide a legal review of these resolutions based on the Indonesian Civil Code (KUHPerdata) and Law Number 10 of 1998 concerning Banking, as amended by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK). The study employs an empirical legal research method with a qualitative approach—utilizing interviews, observations, and document analysis—with data validity verified through triangulation techniques. The findings indicate that PT BPR Berkah (Perseroda) Pandeglang resolves non-performing loans through non-litigation channels (persuasive collection, warning letters, and loan restructuring via rescheduling and reconditioning) before resorting to litigation involving collateral execution. Factors causing default in the Working Capital Loan sector include the diversion of funds (*side-streaming*), poor cash flow management, and external business risks; meanwhile, defaults in the Consumer Loan sector are triggered by policies cutting Civil Servant (ASN) Income Improvement Allowances (TPP) and a decline in the debtor's good faith. From a legal perspective, these non-performing loan resolutions align with the principle of *pacta sunt servanda*, the provisions regarding default in the Civil Code, and applicable banking prudential regulations.
TINJAUAN YURIDIS TERHADAP PERAN NOTARIS DALAM PEMBUATAN AKTA PERSEROAN TERBATAS DI KOTA SERANG (STUDI KASUS DI KANTOR NOTARIS HEMI MARIHOT GOLDIFIRST NAINGGOLAN, S.H., M.KN) Irwan Sapta Putra; Mohammad Hifni; Charles Frisheldy Nainggolan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.923

Abstract

A Limited Liability Company (Perseroan Terbatas or PT) is a legal entity that must be established via an authentic deed drawn up by a notary, as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 2 of 2014 concerning the Office of Notary. In practice, various issues persist—such as incomplete documentation, errors in founder data, and obstacles regarding the use of the Online General Legal Administration (AHU) system—which have the potential to give rise to legal consequences. Therefore, the role of the notary is crucial in providing legal certainty and guaranteeing the validity of the Limited Liability Company's deed of establishment. This study aims to analyze the notary's role in drafting Limited Liability Company deeds based on the Law on the Office of Notary and the Law on Limited Liability Companies; to analyze the notary's legal liability regarding deeds containing errors or legal defects; and to identify the obstacles faced by the notary during the deed drafting process at the Notary Office of Hemi Marihot Goldifirst Nainggolan, S.H., M.Kn., in Serang City. The research employs an empirical legal research method with a normative-juridical approach. Data were obtained through literature reviews, interviews, and observations at the Notary Office of Hemi Marihot Goldifirst Nainggolan, S.H., M.Kn. Subsequently, the data were analyzed qualitatively with reference to statutory regulations concerning the office of notary and the establishment of Limited Liability Companies. The research findings indicate that the notary plays a strategic role as a public official authorized to draft authentic deeds, provide legal guidance, verify document completeness, and ensure that all requirements for establishing a Limited Liability Company comply with applicable legal provisions. The study also reveals that a notary may be held administratively, civilly, or criminally liable if proven to have committed negligence in the exercise of their authority. The challenges encountered include incomplete documentation from the founders, errors in identity data, regulatory changes, and technical issues with the AHU Online system.
TINJAUAN YURIDIS TERHADAP PELAKSANAAN DENDA ATAS KETERLAMBATAN PEMBAYARAN UPAH BERDASARKAN PERATURAN PEMERINTAH (PP) NOMOR 36 TAHUN 2021 Mohammad Hifni; Irwan Sapta Putra; Nanda Wulan Syfani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.924

Abstract

The problems in this study are: First, How is the implementation of wage fine payments to employees based on Government Regulation Number 36 of 2021 concerning Wages at PT. Lung Cheong Brothers Industrial Serang, Banten?; Second, What are the inhibiting factors?;The objectives of this study are: First, to find out the implementation of the regulation; Second, to describe the inhibiting factors; Third, to explain efforts to overcome obstacles to its implementation. Research methods: First, sociological legal research; Second, the research location is PT Lung Cheong Brothers Industrial; Third, the population and samples come from sources relevant to this study; Fourth, the data sources used are primary, secondary, and tertiary; Fifth, data collection techniques are observation, non-structural interviews and literature reviews; Sixth, the data analysis used is qualitative analysis by drawing conclusions inductively. The results of the study show that the implementation of wage fine payments to employees at PT Lung Cheong Brothers Industrial has not run as it should. This was proven by the delay in payment of wages to employees in August 2025 accompanied by the company's failure to fulfill its obligation to pay wage fines.
Co-Authors Analisa BR Gurusinga Bagas Ariyanto Charles Frisheldy Nainggolan Erna Sari Eva Suhayati Fani Oktarianti Putri Rahayu Ikko Alfaryzi Izzuar Akbar Fawzi Juhariah Juhariah Khusaeni Khusaeni Lime Shie Lucki Hidayanto Mochamad Reggy Syah Mohammad Hifni Muhammad Solihin Najma Nurapriliani Nanda Wulan Syfani Nova Tresia Manurung Pramudi Harsono Silvia amanah Siti Faozah Yunawati Karlina