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All Journal JURNAL ILMIAH LIVING LAW Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah Jurnal Hukum Jurisdictie Jurnal Rekayasa Sipil (e-journal) Indonesian Journal of Construction Engineering and Sustainable Development El-Arbah: Jurnal Ekonomi, Bisnis Dan Perbankan Syariah

Muhammad Fahruddin

Universitas Islam As-Syafi'iyah

Author-ID : 3351105

Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Transportation

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DISPARITAS PENAFSIRAN HAKIM DALAM TINDAK PIDANA PENIPUAN YANG TIMBUL DARI PERBUATAN WANPRESTASI Gatot Rachmat Slamet; Syarif Fadillah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol. 2 No. 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

There is a disparity in the interpretation of judges in cases of fraud and default on decisionsbecause in practice there have been many violations committed by one of the parties to theagreement. above is more complicated when there is no understanding among law enforcementofficials in determining the juridical boundaries between Fraud and Default. This research is anormative juridical research with a legal material search. The results showed that the Judges'Interpretation in Fraud Cases Arising From Default Actions in several cases that had beendecided, it appears that the Panel of Judges has a different interpretation regarding the elementsof deception. In the evidentiary practice, there has been inconsistency regarding the interpretation of criminal acts of fraud, especially regarding the elements of deception. There is an inconsistency from the Panel of Judges' disclaimer regarding the criminal act of fraud based on the case studies that occurred, for example in determining whether the fraud occurred before the agreement wasmade or after the agreement was made (tempus delicti).

Implementasi Perlindungan Hukum terhadap Pekerja Anak yang Mengalami Kekerasan menurut Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan (Studi Kasus Putusan Mahkamah Agung Nomor 294/PN.Tlg/2015) Tantra Hadimulya; Syarif Fadhilla; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol. 2 No. 2 (2020): Perlindungan Anak dalam Perspektif Hukum
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Manpower is an important part of driving the wheels of national development. The number and composition of the workforce which always changes along with the dynamics of growth and population density results in an imbalance between the number of labor force and available job vacancies. This situation is presumed to not only give rise to higher unemployment, but also lead to increasingly severe poverty. Due to the lack of economic pressure, children are required to help their parents in order to increase family income in order to fulfill their daily needs. In this paper, the author focuses on the formulation of the problem, namely: 1. How is the implementation of legal protection for child workers who experience violence according to Law Number 13 of 2003 concerning Manpower? 2. What are the hindering factors regarding the implementation of legal protection for child workers who experience violence according to Law Number 13 Year 2003 concerning Manpower ?. This study aims to find out what factors hinder the implementation of legal protection for child workers who experience violence according to Law Number 13 of 2003 concerning Manpower, to determine how the implementation of legal protection for child workers who experience violence according to Law Number 13 of 2003 About Employment. Where the descriptive research method aims to solve problems through collecting, compiling, and analyzing data to get answers to the main problem. From the main problem formulation raised in this paper, the authors conclude, that the implementation of legal protection for child workers who experience violence according to Law Number 13 of 2003 concerning Manpower is less effective.

Perlindungan Hukum terhadap Konsumen dalam Transaksi E-Commerce (Studi Kasus E-Commerce pada Media Sosial Instagram) Muhammad Reza; Slamet Riyanto Anwar; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol. 3 No. 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

The issue of consumer protection in e-commerce is an important aspect to pay attention to because some of the typical characteristics of e-commerce will put consumers in a weak or disadvantaged position. Therefore, this research and writing focuses on the formulation of the problem, namely: 1. How is legal protection for consumers in transacting through Instagram media? 2. What is the Consumer Protection Law No. 8 of 1999 can protect consumers in e-commerce transactions? 3. What are the forms of responsibility of business actors related to fulfilling consumer rights in buying and selling transactions on Instagram media? This study aims to determine the legal protection of consumers in transacting through Instagram media, analyzing the Consumer Protection Law No. 8 of 1999 which can protect consumers in e-commerce transactions and find out the forms of responsibility of online business actors related to fulfilling consumer rights in buying and selling transactions on Instagram media. This research uses normative legal methods and statutory approaches as well as case studies.

Efektifitas Pelaksanaan Penundaan Kewajiban Pembayaran Utang (PKPU) dalam Mencegah Kepailitan (Studi Pengadilan Niaga pada Pengadilan Negeri Jakarta Pusat) Ratu Alawiyyah Rifani; Fauziah Fauziah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol. 3 No. 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

The results showed that the Postponement of Debt Payment Obligations or PKPU means that it can be used by debtors to avoid bankruptcy. So before declared as bankruptcy, debtors can apply for PKPU. PKPU applications are submitted to the Commerrcial Court established within the General Court. In 2017, 2018 and 2019 the Commercial Court at Central Jakarta District Court has received many incoming PKPU case reports and continues to increase every year. PKPU that has been accepted and determined can be submitted as a peace plan by the debtor, the peace plan is submitted to resolve debt settlement disputes between debtors and creditors, PKPU can be considered effective if PKPU submitted by the debtor ends with peace. In addition, the driving factor for PKPU's effectiveness in preventing bankruptcy is the content of the peace agreement that has been homologated by the Commercial Court.

LEGAL PROTECTION FOR EMPLOYEE FROM BANKRUPTED COMPANY LAY OFF ACCORDING TO LAW NO. 13/2003 OF EMPLOYEEMENT POWER JO LAW NO. 11/2020 OF WORK CREATION Dias Andalan; Fauziah Fauziah; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol. 4 No. 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.81

In national development, the workforce has an important contribution to the progress of the nation, for that it is necessary to protect workers to ensure equal opportunities and treatment without discrimination to realize welfare for workers. The protection provided by the government to workers must guarantee workers to carry out work. Industrial relations which are the linkage of interests between workers/labourers and entrepreneurs, have the potential to cause disputes between workers and employers, disputes can occur because the company is bankrupt because it has maturing debts. Workers as one of the parties who have the right to pay their wages owed that arise because of the work agreement have the right to prioritize the payment of their receivables, that basically even though the company is in bankruptcy there are workers' rights that must be protected by the entrepreneur represented by the curator. Seeing the frequent occurrence of problems regarding layoffs that occur to workers / laborers due to bankrupt companies, the author focuses on the formulation of the problem, namely: 1. How is legal protection for workers who have been laid off in bankruptcy companies based on Law no. 11 of 2020 About Job Creation? 2. How to settle layoffs in bankrupt companies, case studies of decision no. 90./Pdt.Sus-Phi/2020Jkt.Pst Based on Law no. 13 of 2003 concerning the Employment of Jo. Law No. 11 of 2020 About Job Creation? In writing this thesis, the writer uses a normative juridical research method which aims to find out the settlement of disputes over the legal protection of workers who have been laid off due to bankrupt companies through collecting and analyzing data to obtain answers to the formulation of the problem. From the formulation of the problem raised in this paper, the author concludes that even though the company is in a state of bankruptcy, the workforce has rights in the form of severance pay, years of service and compensation for entitlements whose payment (preferred creditor) is regulated in the Act. Job creation, and basically layoffs occur in bankrupt companies just like layoffs in general, only the curator represents the company. In order to avoid the same problem, the curator must be guided by the law without ignoring the job creation law. For the settlement of case No. 90./Pdt.Sus-Phi/2020Jkt.Pst is in accordance with the theory which even though the company is in bankruptcy, workers have the rights regulated in Law No. 11 of 2020 concerning Job Creation.

Co-Authors Abdul Haris Semendawai Anggun Lupita Anita Rahmawati Azizah Rokhmawati Budi Hartanto Susilo Dias Andalan Efridani Lubis Efridani Lubis fauziah fauziah Gatot Rachmat Slamet Habloel Mawardi Harun Harun Hermanto Hermanto M. Yasin Ardhy Muhammad Japar Muhammad Reza Mulyono Ratu Alawiyyah Rifani Sinta Elviyanti Siti Nur Intihani Slamet Riyanto slamet riyanto Syarif Fadhilla Syarif Fadillah Tantra Hadimulya Tantra Hadimulya Vini Fitrini Yoesuf, Juliani Paramitha

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