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All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat JURNAL MUQODDIMAH : Jurnal Ilmu Sosial, Politik dan Hummaniora JIIP (Jurnal Ilmiah Ilmu Pendidikan) INFOKUM Jurnal Scientia LEGAL BRIEF Islamic Circle AKADEMIK: Jurnal Mahasiswa Humanis Jurnal Perspektif Hukum Jurnal Hasil Pengabdian Masyarakat (JURIBMAS) Jurnal Ilmu Multidisplin Journal of Law and Justice
Muhammad Dhobit Azhary Lubis
Universitas Haji Sumatera Utara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Legal Protection of Workers’ Rights in Employment Relationships in Indonesia: A Normative Analysis and Implementation Idris. Idris; Muhammad Dhobit Azhary Lubis
Islamic Circle Vol. 7 No. 1 (2026): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

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Abstract

The enactment of Law Number 13 of 2003 concerning Manpower was motivated by the disadvantaged position of workers in employment placement and industrial relations systems that accentuated unequal positions and conflicting interests, rendering previous regulations inadequate for contemporary demands. This study aims to analyze the implementation of legal protection for workers’ rights within employment relations in Indonesia, and to identify barriers and corresponding remedial efforts. Employing a normative juridical approach with qualitative-deductive analysis, this research reveals that despite juridical equality between workers and employers under Pancasila, the 1945 Constitution, and Law No. 13/2003, practical asymmetries in power relations persist, undermining the fulfillment of workers’ fundamental rights. Key obstacles include regulatory loopholes, non-egalitarian legal culture, weak enforcement oversight, and companies’ financial constraints. Addressing these issues requires state intervention through regulatory refinement, strengthened labor supervision, and dispute resolution mechanisms that prioritize substantive justice over mere contractual freedom. This study contributes to mapping the dichotomy between protective norms and field implementation, while offering actionable policy recommendations.
TANTANGAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA TERHADAP PENCEMARAN LIMBAH INDUSTRI DALAM IMPLEMENTASI PRINSIP POLLUTER PAYS HUKUMasi Prinsip Polluter Pays Hukum Saritua Silitonga; Muhammad Dhobit Azhary Lubis
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Environmental law enforcement in Indonesia continues to face significant challenges in addressing criminal offenses related to industrial waste pollution. Although the Polluter Pays Principle has been formally incorporated into Indonesia’s environmental legal framework, its practical implementation remains inconsistent and often ineffective in ensuring environmental justice and deterrence. This study aims to examine the enforcement of environmental law in cases of industrial waste pollution by analyzing the extent to which the Polluter Pays Principle is applied within legal and policy discourses. Employing a qualitative approach, this research integrates normative–empirical legal analysis with critical discourse analysis of environmental regulations, court decisions, and policy documents. Data were collected through systematic legal document review and case-based analysis of industrial pollution incidents with criminal and administrative implications. The findings reveal a substantial gap between regulatory norms and enforcement practices, particularly in the allocation of environmental restoration costs to polluters. Moreover, the legal and policy language used in regulatory instruments and judicial reasoning tends to weaken the operational role of the Polluter Pays Principle as a mechanism of environmental accountability. This study underscores the urgency of strengthening environmental law enforcement through regulatory harmonization, consistent sanctioning mechanisms, and the reconstruction of legal discourse toward ecological justice and sustainable development. The results contribute both theoretically and practically to the advancement of environmental governance and law enforcement reform in Indonesia.
PERLINDUNGAN SUNGAI SEBAGAI RUANG EKOLOGIS PUBLIK DALAM PENEGAKAN TINDAK PIDANA LINGKUNGAN Muhammad Dhobit Azhary Lubis; Saritua Silitonga
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Rivers constitute public ecological spaces that play a strategic role in environmental sustainability and in fulfilling the public’s right to a good and healthy environment. However, in practice, rivers in Indonesia continue to face serious threats from pollution and environmental degradation caused by human activities that are not yet effectively addressed through environmental criminal law enforcement. This study aims to analyze the protection of rivers as public ecological spaces within the framework of environmental criminal law enforcement and to assess its contribution to the fulfillment of the right to a healthy environment. This research employs a normative legal research method using statutory, conceptual, and case-based approaches, particularly through the analysis of court decisions related to river pollution. The findings indicate that, normatively, environmental regulations provide an adequate legal foundation for river protection; nevertheless, their implementation remains constrained by challenges in evidence gathering, the application of corporate criminal liability, and inconsistencies in sentencing practices. The study further reveals that the integration of environmental criminal law enforcement with an ecological restorative approach has significant potential to strengthen river protection and promote ecological recovery. Therefore, this research emphasizes the importance of reinforcing environmental criminal law enforcement as a strategic instrument to safeguard rivers as public ecological spaces and to ensure the public’s right to a good and healthy environment.
Kedudukan Korporasi sebagai Subjek Hukum Pidana dalam Tindak Pidana Pelanggaran Hak Asasi Manusia: Tinjauan terhadap KUHP dan Peraturan Perundang-Undangan Terkait Mhd. Hasbi; Muhammad Dhobit Azhary Lubis; Annisa Danti Avrilia Ningrum; Surya Hamdani
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 1 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i1.1776

Abstract

This study examines the unresolved legal gap concerning the status of corporations as subjects of criminal law in cases of human rights violations. Although the 2023 Indonesian Criminal Code explicitly recognizes corporations as criminally liable entities through the application of identification theory and corporate culture theory, the Human Rights Court Law still limits liability to individual perpetrators. This disharmony creates uncertainty and weakens efforts to address corporate involvement in serious human rights violations, particularly in cases involving systemic abuses, environmental destruction, and labor exploitation. The objective of this research is to analyze the juridical position of corporations under the 2023 Criminal Code and evaluate the extent to which existing legislation supports or fails to support the enforcement of corporate criminal liability in human rights violations. Using a normative juridical method, this study examines statutory provisions, legal principles, and relevant international instruments, including the United Nations Guiding Principles on Business and Human Rights. The findings show that the 2023 Criminal Code provides a more comprehensive framework for imposing corporate liability, including expanded forms of sanctions and clearer attribution standards. However, the absence of corporate liability provisions in the Human Rights Court Law presents a substantive obstacle to consistent law enforcement. The study concludes that legislative harmonization, strengthened institutional capacity, and the development of specialized procedural mechanisms are essential to ensure accountability for corporations implicated in human rights violations.
Co-Authors Annisa Danti Avrilia Ningrum Avib Setian Chairus Suriyati Dahris Siregar Dahris Siregar Denni Satria Pradifta Donny Setha Idris . Karina Mia Berutu Karolina Sitepu Khairun Na’im Lubis, Indah Sari Liza Mhd Hasbi Mhd. Hasbi Muhammad Hasbi Puji Chairu Sabila Sarah Furqoni Saritua Silitonga Surya Hamdani Tia Ayu Anggraini