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All Journal Jurnal Dinamika Hukum Proceeding Seminar LPPM UMP Tahun 2014 Ajudikasi : Jurnal Ilmu Hukum Varia Justicia Jurnal Ilmu Hukum The Juris Kosmik Hukum Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Journal of Law and Policy Transformation SYARIATI : Jurnal Studi Al-Qur'an dan Hukum Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Jurnal Pengabdian Masyarakat (ABDIRA) Collegium Studiosum Journal Prosiding University Research Colloquium Prosiding Seminar Nasional Hasil-hasil Penelitian dan Pengabdian Pada Masyarakat Jurnal Penelitian Serambi Hukum ANDREW Law Journal
Susilo Wardani
Universitas Muhammadiyah Purwokerto
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Pelindungan Hukum Terhadap Konten Kreator Anak Perdana, Rizki Gusti; Wardani, Susilo
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7908

Abstract

Content creators are flexible workers who are in demand by all groups, both adults and children. Children in digital content creation are at risk of exploitation and psychological distress. This is the case with Monella Sunshine Jo, a 5 year old celebrity who has achieved a significant level of popularity. Although children's rights in the digital world have been regulated in legislation, adequate regulations to protect children as content creators are still lacking, creating problems that need attention. This article aims to analyze the legal regulation of child labor as a content creator on social media and the legal protection of child content creators based on labor law. The method used in this research is normative research method, which examines and analyzes the subject matter with the substance of the Legislation. Based on the results of this study it can be concluded, First, legal protection of child content creators on social media and regulations in Indonesia have regulated the rights and obligations of children as workers, especially in the entertainment industry, but there are certain conditions, stating that children who have worked must do work in accordance with their requests and talents, these provisions are regulated in the Decree of the Minister of Manpower Number KEP.115/MEN/VII/2004. Second, the protection of children from work is regulated in Law Number 13 of 2003 concerning Manpower with the exception of children aged 13-15 years who may do light work as long as it does not interfere with development and health. Conditions such as written permission, work agreement, maximum time of 3 hours, daytime, and not interfering with school. Law Number 13 of 2003 on Labor prohibits child labor that endangers health, safety, or morals, as well as involving children in slavery, prostitution, the production of pornography, and the trafficking of addictive substances.
PERLINDUNGAN HUKUM BAGI DRIVER GRAB YANG MENGALAMI PESANAN FIKTIF PADA ERA GIG ECONOMY Ery Charmelita Raska; Wardani, Susilo
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1439

Abstract

This research aims to analyze the legal relationship between Grab drivers and Grab platform in the context of gig economy in Banyumas Regency, as well as legal protection for drivers who experience fictitious orders. This research uses normative juridical and empirical juridical methods. The research data includes primary data from direct interviews with several drivers in Banyumas Regency and supported by secondary and tertiary data. The data analysis method uses qualitative analysis method. The first research result shows that the relationship between the driver and the platform arises due to a partnership agreement that gives birth to balanced rights and obligations between the parties. In practice, the relationship between drivers and platforms looks like a working relationship where there are elements of orders, wages, and work as well as relationships such as superiors and subordinates that create imbalances in the existing partnership agreement. So it looks like a pseudo-partnership relationship. When viewed in Regional Regulation Number 5 of 2021 concerning Creative Economy Development, Grab drivers are included in the type of freelancers with a partnership pattern system using a profit-sharing system regulated in article 4 and article 33. However, these rules still do not provide adequate legal protection for online ojek drivers. The second research result, legal protection for drivers who experience fictitious orders is still limited. The Grab platform provides protection by providing a reimbursement mechanism, which has been stated in the partnership agreement between the driver and the Grab platform. The unclear legal relationship between Grab drivers and the platform in the Gig Economy era in Banyumas causes weak protection for drivers who experience fictitious orders.
PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS KESELAMATAN DAN KESEHATAN KERJA Riyayan, Allan Ardi; Wardani, Susilo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1442

Abstract

The purpose of this study is regarding the implementation of legal protection and efforts to prevent work accidents. The research method used is empirical using a factual approach. The data collection method uses the interview method and literature study. The data analysis method used is qualitative. The results of the study show legal protection for workers for K3 at PT. Geo Dipa Energi Wonosobo, namely (1). economic form of protection. (2). Social protection or occupational health and. (3). Technical protection or work safety. Accident prevention efforts at PT. Geo Dipa Energi Wonosobo, namely by implementing Job Safety Analysis (JSA) by identifying hazards and their control at each stage of work, namely by implementing Job Safety Analysis. The implementation of Job Safety Analysis (JSA) at PT. Geo Dipa Energi Wonosobo can help make it easier for workers to take safe work steps and can avoid various existing hazards.
WANPRESTASI TERHADAP PELAKSANAAN PEMBAYARAN KLAIM DALAM PERJANJIAN ASURANSI PENDIDIKAN Dewi, Sri Amanda; Wardani, Susilo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1441

Abstract

This study aims to determine and analyze the implementation of the agreement between the insured in the Education insurance at PT. AJB Bumiputera Purwokerto and to determine and analyze the legal efforts to resolve the default on the payment of education insurance claims made by PT. AJB Bumiputera 1912 Purwokerto. The data analysis method in this study adopts the normative legal method descriptively to describe the current state of the subject or object of research based on the observed facts. The results of the first study showed that the implementation of the insurance agreement gave rise to rights and obligations agreed upon between the insured and the insurer, namely PT. AJB Bumiputera 1912 Purwokerto. These rights and obligations include the fulfillment of payment of education insurance claims in accordance with the provisions stated in the policy. After the agreement was implemented, the policy payment to the insured at the policy maturity date did not receive payment so that the insurer had committed a default in the form of delays in payment of education insurance claims for PT. AJB Bumiputera 1912 Purwokerto. The results of the second study were efforts to resolve disputes over defaults due to late payment of claims by PT. AJB Bumiputera 1912 Purwokerto the insured demands compensation through mediation, lawsuit, and arbitration.
Analisis Yuridis Perlindungan Privasi Terhadap Pengambilan Foto Tanpa Izin Di Era Digital Muhammad Isya, Ibrahim; Wardani, Susilo
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1332

Abstract

The development of digital technology has significantly influenced various aspects of human life, including the emergence of critical issues related to violations of personal privacy rights. One widespread form of violation is the unauthorized taking and dissemination of photographs on social media. This phenomenon endangers individual rights and may also breach legal standards, particularly concerning personal data protection. This study aims to evaluate legal protection against the unauthorized taking and dissemination of photographs based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to identify the challenges and legal efforts in its enforcement. The research method used is normative legal research, applying statutory and conceptual approaches, with data collection carried out through a literature review of primary and secondary legal documents. The findings indicate, first, that legal protection against the unauthorized taking and dissemination of photographs in the digital era as regulated under the PDP Law includes both normative and procedural protections, along with the imposition of legal sanctions on violators. Every activity of collecting, storing, processing, and disseminating photographs must be based on the explicit consent of the data subject. Second, the implementation of the PDP Law still faces serious challenges, such as the absence of an independent supervisory authority, low public literacy regarding privacy, weak legal proof capacity by law enforcement, and the lack of standardized guidelines for explicit consent
Harmonisasi Hukum Waris Islam, Hukum Adat dan Hukum Nasional Telaah Normatif terhadap Kompilasi Hukum Islam, Hukum Adat dan KUHPerdata Salas, Maizidah; Wardani, Susilo; Suroso, Teguh
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1339

Abstract

The inheritance system in Indonesia is governed by three main legal frameworks: Islamic law, customary (adat) law, and national law. Each of these systems has its own unique characteristics and principles of distribution. This study aims to explore how Islamic inheritance law, customary law, and national inheritance law in Indonesia are harmonized with one another and how inheritance distribution is regulated under these three legal systems. The research method used in this study is normative juridical, focusing on the applicable legal provisions. The findings indicate that the Compilation of Islamic Law (KHI) stipulates inheritance distribution based on Sharia principles, granting a larger share to male heirs. In contrast, customary law emphasizes cultural values and diverse kinship systems, while the Indonesian Civil Code (KUHPerdata) provides a more formal and balanced distribution between male and female heirs. Although these three systems operate concurrently, they are not always harmonious, requiring legislative efforts and jurisprudence to align inheritance regulations in order to achieve social justice and legal certainty amidst Indonesia’s legal pluralism.
Perlindungan Hukum Bagi Gelandangan Psikotik yang Terlibat Kekerasan (Studi Kasus di Dinas Sosial Kabupaten Banyumas): Legal Protection for Psychotic Homeless Individuals Involved in Acts of Violence (A Case Study at the Banyumas Regency Social Service Office) Mahar, Revintalis Osilia; Wardani, Susilo
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1346

Abstract

The issue of legal protection for psychotic homeless individuals involved in acts of violence is a critical matter in the context of human rights and state responsibility. This study aims to examine the legal protection available to psychotic homeless individuals who become either victims or perpetrators of violence in Banyumas Regency, as well as the challenges faced by the local Social Service Office in handling such cases. This research employs both normative and empirical approaches. The normative approach involves the analysis of relevant legislation and legal theories pertaining to the legal protection of psychotic homeless persons, with data collected through literature review of primary and secondary legal materials. The empirical approach is used to gather factual data on the implementation of legal protection in the field, conducted through interviews with relevant stakeholders, specifically the Banyumas Regency Social Service Office. The findings indicate that psychotic homeless individuals are entitled to legal protection through mechanisms stipulated in the Indonesian Civil Code, as well as the right to rehabilitation as regulated in Law No. 18 of 2014 on Mental Health and Banyumas Regency Regional Regulation No. 16 of 2015 on the Control of Social Problems. The main challenges encountered by the Social Service Office in handling psychotic homeless individuals include limited personnel, budget constraints, rejection by families, and societal stigma. Inter-agency cooperation and effective policy implementation are essential to ensure adequate legal protection for this vulnerable group.
ANALISIS YURIDIS PENYELESAIAN PEMUTUSAN HUBUNGAN KERJA MASAL PADA PEKERJA PERUSAHAAN RAMBUT Pangestu, Gema Ramadhanu Ridho Ing; Wardani, Susilo
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1698

Abstract

Mass termination of employment (PHK massal) is a critical issue in the labor sector, as it directly impacts job loss and income reduction. Purbalingga Regency, known as a hub for the wig and false eyelash industry, has significantly contributed to employment absorption and poverty reduction. However, mass terminations of employment still frequently occur, causing numerous challenges, especially for affected workers. This study aims to examine the legal resolution mechanisms of mass termination of employment in hair companies in Purbalingga Regency and to identify the challenges faced by workers affected by such terminations. The research employs both normative and empirical juridical approaches. The normative juridical approach involves a review of relevant legislation and legal doctrines, while the empirical juridical approach is conducted through interviews with relevant parties, particularly the Purbalingga Regency Department of Manpower and labor unions. The findings reveal that the Purbalingga Department of Manpower facilitates the resolution of mass terminations in hair companies by adhering to legal procedures through bipartite negotiations, mediation, and proceedings at the Industrial Relations Court in accordance with Law Number 13 of 2003 on Manpower. Nonetheless, several obstacles persist, including weak financial conditions of companies, workers limited understanding of legal mechanisms, and high levels of worker poverty. Therefore, collaboration among local governments, companies, and labor unions is necessary to ensure legal protection and justice for workers.
PEMENUHAN HAK-HAK PEKERJA PADA HOME INDUSTRY BULU MATA PALSU Windiarti, Lisa; Wardani, Susilo
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1703

Abstract

Entrepreneurs in the informal sector of the false eyelash home industry in Padamara Sub-District, Purbalingga Regency, have made efforts to comply with basic legal requirements through the possession of a Business Identification Number (NIB). However, several home industries in this area still lack NIBs, resulting in limited access to legal recognition and business protection. This study aims to analyze the fulfillment of workers rights in the false eyelash home industry in Padamara Sub- District, Purbalingga Regency, and to identify the factors that hinder these businesses from obtaining legal permits. The research employs both normative juridical and empirical juridical methods. Thenormative juridical approach is conducted through literature review, including books, journals, and relevant legislation. The empirical juridical method involves interviews with key informants to obtain primary research data. The findings reveal two main points: First, the fulfillment of workers normative rights does not yet align with Law Number 13 of 2003 concerning Manpower. This includes issues such as the right to a fair wage, reasonable working hours, absence of clear and written employment agreements, and lack of occupational safety and health protectionslargely due to the informal status of these workers. Second, several factors hinder the fulfillment of workers rights in the false eyelash home industry in Padamara, including the lack of legal incorporation of these businesses, limited understanding among business owners regarding the importance of legal registration, perceptions that licensing processes are complex and costly, and the prevailing subcontracting and nonpermanent work system. Moreover, cooperatives, which serve as the operational platform for these businesses, also contribute to the slow progress in formalizing these enterprises.
Kekuatan Surat Wasiat di Bawah Tangan Perspektif Hukum Waris Islam di Indonesia Argani, Latif; Suwaryo, Slamet; Wardani, Susilo
Syariati: Jurnal Studi Al-Qur'an dan Hukum Vol. 11 No. 1 (2025): SYARIATI : Jurnal Studi Al Qur'an dan Hukum
Publisher : Fakultas Syari'ah dan Hukum (FSH) UNSIQ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32699/syariati.v11i1.9833

Abstract

Fenomena sosial menunjukkan bahwa masyarakat masih sering membuat surat wasiat tanpa melibatkan notaris, sehingga menimbulkan permasalahan hukum ketika dokumen tersebut dijadikan dasar pembagian warisan. Secara normatif, hukum nasional memberikan kekuatan hukum terbatas terhadap surat di bawah tangan, namun hukum waris Islam masih mengakui keabsahannya selama memenuhi syarat substansial seperti adanya niat pewasiat, kehadiran saksi yang adil, serta isi yang tidak bertentangan dengan syariat. Pengakuan terhadap surat tersebut sangat bergantung pada kesepakatan para ahli waris dan keputusan yudisial dalam proses pembuktian di pengadilan agama. Studi ini menggunakan pendekatan yuridis normatif dengan analisis terhadap Kompilasi Hukum Islam (KHI) Pasal 195–214 serta beberapa putusan Mahkamah Agung terkait sengketa wasiat. Hasil penelitian menegaskan bahwa demi menghindari konflik hukum, surat wasiat sebaiknya dibuat secara autentik atau disahkan secara resmi agar memiliki kekuatan hukum yang kuat dan mengikat.
Co-Authors Agustinus Supriyanto Ani Kusbandiyah Argani, Latif Ari Hernawan Astika Nurul Hidayah Choliek, Vito Qobul Destriyanti, Shafira Salwa Dewi, Sri Amanda Endah Safitri Ery Charmelita Raska Hengky Widhiandono, M.Si. S.E. Hidayah, Astika Nurul Kartini, Ika Ariani Lestari, Siti Duwi Mahar, Revintalis Osilia Masrofah Masrofah, Masrofah Mudjiyanti, Rina Mudjiyanti, Rina Muhammad Isya, Ibrahim Pangestu, Gema Ramadhanu Ridho Ing Perdana, Rizki Gusti Pitaloka, Wening Galih Purnadi Purnadi Rahtami Susanti Ratna Kartika Wati Ratna Kartikawati Retno Dwiyanti Riyayan, Allan Ardi Saefudin, Yusuf Salas, Maizidah Suwaryo, Slamet Teguh Suroso Widodo, Selamat Windiarti, Lisa Zenita Putri, Fiska