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All Journal Jurnal Preferensi Hukum (JPH)
A. A. Sagung Laksmi Dewi
Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia I Made Widi Adi Peremana; A. A. Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 2 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.779 KB) | DOI: 10.22225/jph.1.2.2347.99-105

Abstract

The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or library research or doctrinal legal research which can be interpreted as legal research by examining library materials and secondary materials. This study illustrates that the regulations for reconsideration in the legal system in Indonesia are based on various regulations, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, Law No. 3 of 2009 concerning the Supreme Court, Law no. 48 of 2009 concerning Judicial Power, Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Review of Criminal Cases and Submission of Reconsiderations at this time refers to the provisions of the Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Reconsideration in Criminal Cases.
Perlindungan Hukum bagi Awak Kabin dalam Perjanjian Waktu Tertentu (PKWT) PT Garuda Indonesia Anastasia; Ida Ayu Putu Widiati; A. A. Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.699 KB) | DOI: 10.22225/jph.2.1.2794.33-38

Abstract

The existence of cabin crew is very much needed in a flight to serve airplane passengers, including Garuda Indonesia as one of the state-owned airlines that tries to provide flight safety in the field of air transportation. This study aims to determine the implementation of the Specific Time Work Agreement on the cabin crew of Garuda Indonesia homebase Denpasar and to find out the legal protection for flight attendants in the Fixed Time Work Agreement on the cabin crew of Garuda Indonesia homebase Denpasar. This type of research is empirical research. Empirical research is carried out on the real situation in the community or the surrounding environment with the aim of finding facts or existing legal problems. The results showed that the implementation of the Fixed Time Work Agreement on the cabin crew of PT Garuda Indonesia homebase Denpasar is closely related to employment between workers and companies. Fixed Term Work Agreement at PT Garuda Indonesia is regulated in Company Regulations. In general, the protection of workers has been regulated in Law No. 13 of 2003 concerning Manpower. The attitude of open wages to cabin crew will definitely have a positive impact on the welfare of employees in the morning.
Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara I Gede Buonsu; A. A. Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.113 KB) | DOI: 10.22225/jph.2.1.2797.68-72

Abstract

Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).
Co-Authors anastasia I Gede Buonsu I Made Widi Adi Peremana Karma, Ni Made Sukaryati Putu Suryani . Widiati, Ida Ayu Putu