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Analisis Yuridis Fungsi dan Peran Jamsostek Dalam Perlindungan Hukum Tenaga Kerja Achmad Fitrian
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

Social Security Labor was held in response to the principle of protection of labor rights include the right to earn a decent living, the right to receive annuity, the right to guaranteed employment injury, and others. The rights of labor above are a matter that requires a guarantee. This study is a normative legal research by using a normative juridical approach. Thus, the object of research is the rule of law embodied in the rules of law created and established by the government; in the amount of statutory legislation and policies directly related to social security. The results of this study were the function and role of the Program Jamsostek to labor protection is not yet maximal conducted by the company of Jamsostek (Persero), this is due to the synergy between labor inspectors and the association of employers and law enforcement officials have not make sense as a whole that the program Jamsostek is a state program that shall be carried out jointl

KONSTRUKSI HUKUM PENGATURAN LAPORAN KERJA PERTANGGUNGJAWABAN (LKPJ) KEPALA DAERAH KABUPATEN/KOTA DALAM PERSPEKTIF DESENTRALISASI Muhammad Tabrani; Achmad Fitrian; Dhoddy A.R Widjajaatmadja
Journal of Innovation Research and Knowledge Vol. 3 No. 1: Juni 2023
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v3i1.5838

One of the powers and responsibilities of the regional government in carrying out the wheels of government is regulated in Article 69 paragraph (1) of the 2014 Regional Government Law. The scope of the LKPJ material is the same, even though the Regional Head conveyed the scope of the LKPJ material there are 5 materials. Second, there is no clear standard for providing recommendations by the DPRD regarding the submission of Regional Head LKPj, even though the government has issued Government Regulation Number 3 of 2007 in terms of the body, explanation and attachments of government regulations. The purpose of this study is to analyze the legal construction of the district / city LKPj concept to achieve good regional autonomy. The research method is normative juridical research. The results showed the LKPj concept conveyed by the three Regional Heads (Mayor of Bekasi, Mayor of Tangerang, and Regent of Karawang) in order to realize good regional autonomy, in its implementation it has implemented good regional autonomy according to Van Der Pot, namely material household systems, home systems. stairs formally, and the real household system.

Perlindungan Hukum Hak Awak Kapal Dalam Pelaksanaan Perjanjian Kerja Laut Thomas Narpati Hendrawan; Achmad Fitrian; Gatut Hendro Tri Widodo
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.261

The shipping sector is one of the vital sectors in the transportation of people and goods, so in the implementation of shipping activities, workers who work on ships are called as Ship's Crew (ABK). According to Law Number 17 of 2008 on Shipping, crew members are ship’s crew members other than masters, what is meant by crew members are people who work or are employed on a ship by the ship’s owner or operator of the ship to carry out tasks on board according to their position listed in the seafarer’s book (monsterrol). Problems related to legal protection of the rights of crew members in implementing seafarer employment agreements are mostly disputes about termination while the employer does not provide severance pay due to the legal principle that applies to seafarer employment agreements is referring to specific legal principle, namely lex specialis derogate lex generalis. The results of the study show that the legal basis for making maritime labor agreements in principle refers to Book II Chapter 4 of the Indonesian Commercial Code concerning Seafarer Employment Agreements. Nevertheless, the provisions of seafarer employment agreements in the Indonesian Commercial Code refer further to the provisions of employment agreements in Chapter 7A Book III of the Indonesian Civil Code, furthermore, in the procedure for seafarer employment agreement, seafarer employment agreements must fulfil legal requirements such as work agreements in general, but there is a slight difference in that work agreements generally only have two subjects involved in a work agreement. In the making of a seafarer employment agreements between the employer and the ship's crew must be made before the Syahbandar and legal protection for the crew is regulated in the seafarer employment agreements where the Government Regulation on the Seamanship that the seafarer employment agreements requires minimum wages, leave, welfare, safety and other than that, if there is an industrial relations dispute, it can resolve through the bipartite and tripartite phase.

The Dispute Resolution Revolution: A Civil Law Analysis of Online Dispute Resolution (ODR) Mechanisms Hendri Khuan; Achmad Fitrian; Loso Judijanto; Herry M Polontoh
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rfr3fg70

The development of information technology and digitalization has encouraged the emergence of Online Dispute Resolution (ODR) as an alternative dispute resolution that is more efficient and adaptive to the dynamics of electronic transactions. ODR, supported by Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, offers a faster and more affordable solution than traditional mechanisms such as litigation or arbitration. However, the implementation of ODR in Indonesia still faces significant challenges, including the lack of clear regulations regarding the recognition and execution of judgments, as well as the protection of personal data. The ITE Law provides a legal foundation for electronic transactions, but further adjustments are needed to ensure ODR can be legally recognized and accounted for, especially in the context of cross-border disputes. In addition, aspects of transparency, accountability, and data security must be prioritized in the implementation of ODR. This research uses a normative juridical method to analyze the application of ODR in the Indonesian civil law system, assess the suitability of existing regulations, and identify challenges and opportunities faced. Comprehensive regulatory harmonization is needed to ensure ODR can function effectively, fairly, and safely for all parties, and become an integral part of a more modern and relevant Indonesian legal system in the digital era.

The Dispute Resolution Revolution: A Civil Law Analysis of Online Dispute Resolution (ODR) Mechanisms Hendri Khuan; Achmad Fitrian; Loso Judijanto; Herry M Polontoh
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rfr3fg70

The development of information technology and digitalization has encouraged the emergence of Online Dispute Resolution (ODR) as an alternative dispute resolution that is more efficient and adaptive to the dynamics of electronic transactions. ODR, supported by Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, offers a faster and more affordable solution than traditional mechanisms such as litigation or arbitration. However, the implementation of ODR in Indonesia still faces significant challenges, including the lack of clear regulations regarding the recognition and execution of judgments, as well as the protection of personal data. The ITE Law provides a legal foundation for electronic transactions, but further adjustments are needed to ensure ODR can be legally recognized and accounted for, especially in the context of cross-border disputes. In addition, aspects of transparency, accountability, and data security must be prioritized in the implementation of ODR. This research uses a normative juridical method to analyze the application of ODR in the Indonesian civil law system, assess the suitability of existing regulations, and identify challenges and opportunities faced. Comprehensive regulatory harmonization is needed to ensure ODR can function effectively, fairly, and safely for all parties, and become an integral part of a more modern and relevant Indonesian legal system in the digital era.

Islamic Family Law and the Recognition of Same-Sex Marriage: Controversial Issues in the Context of Human Rights Achmad Fitrian
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xh956q64

This study aims to examine the debate on Islamic family law regarding same-sex marriage in the context of human rights. In Islamic law, same-sex marriage is considered contrary to religious teachings, while human rights emphasize the principles of equality and non-discrimination. The conflict between religious norms and human rights demands is a major challenge, especially in countries with Islamic-based laws, including Indonesia. The research method used is a literature review by examining academic and legal sources. Data sources include the Qur'an, Hadith, fiqh books, and laws and regulations related to marriage in Indonesia. Secondary sources include academic books, scientific journals, and international legal documents related to human rights. Data were collected through literature studies from various academic databases and official legal sources. The results of the study show that Islamic family law still maintains the view that marriage is only valid between a man and a woman. Meanwhile, the human rights movement demands equality for the LGBT community. Countries with Islamic law, including Indonesia, still reject same-sex marriage despite global pressure. Therefore, a dialogue-based approach is needed to balance individual rights, religious values, and social harmony. Further studies are needed to formulate inclusive and fair solutions to this issue

Sexual Harassment Crime In Digital Space: Legal Challenges And Solutions Ika Dwimaya Roz; Judy Marria Saimima; Harly Clifford Jonas Salmon; H.Z. Wadjo; Achmad Fitrian
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2afmb07

In the context of rapid technological development, digital space presents significant challenges in law enforcement, especially in relation to the crime of sexual violence. Law No. 12 of 2022 on Criminal Acts of Sexual Violence provides a firm legal framework to address the problem, but is still faced with various obstacles, such as the complexity of the vast digital space, difficult identification of perpetrators, and lack of public legal awareness. Collaboration between the government, legal institutions, the technology sector, and the community is key to strengthening the prevention and handling of sexual violence cases in the digital space. Advanced forensic technology and training of skilled human resources are needed to support effective law enforcement. In addition, the integration of legal education and digital literacy programs can strengthen public understanding of the legal rights of victims and collective responsibility in maintaining digital security. This collective effort is expected to create a safe and inclusive ecosystem, and ensure better access to justice for all victims of sexual violence in the digital space.

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