Hariyo Sulistiyantoro
Fakultas Hukum UPN "Veteran" Jawa Timur

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SISTEM PEMIDANAAN LEMBAGA PEMASYARAKATAN KLAS IIB KABUPATEN TUBAN DIHIBUNGKAN DENGAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN Sulistiyantoro, Hariyo
Syiar Hukum Vol 13, No 1 (2011): Syiar Hukum
Publisher : LPPM Unisba

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Abstract

A correctional institution is concerned with improving the behavior of criminals, usually by punishing them. It has a very important role in the  effort to restore the prisoners into society. As part of the correctional institution program, coaching is designed to correct the behavior of criminals in order to prevent them from committing a crime again. More importantly, coaching is not intended to make them suffering, and to abandon their human rights. The aim of this article is to give a brief overview of the correctional institution criminal system  in Penitentiary Class IIB of Tuban District under Law No.12 of 1995 on Penitentiary . In general, there are two approaches in conducting  coaching pattern  used by this Correctional Institution, namely by providing general coaching such as religious teaching, civic duties, intellectual capacity building and the raising of legal awareness. The Institution  also provides technical coaching  like  self-reliance building that is  realized by providing various skills that are tailored to the needs of the  prisoners. It should be pointed out, however, that these prisoner rights  are retained subject to  requirements set out in  the existing laws and  regulation. The author concludes that although the provisions of  Law No.12 of 1995 on Penitentiary are adequate to deal with the matters, Ministry of Justice and Human Rights should conduct a monitoring  task in the law enforcement .  Action can be taken to address the incompletenss of the current  legislation on penitentiary.
LEGAL PROTECTION OF CHILDREN IN DIVORCE CLAIMS IN SIDOARJO RELIGIOUS COURT Yolanda, Megan Belghis; Sulistiyantoro, Hariyo
JARES (Journal of Academic Research and Sciences) Vol 9 No 2 (2024): September 2024
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/jares.v9i2.2916

Abstract

Divorce in family that already have children often also has an impact on their children. Divorce lawsuits can not only be filed by husbands but can also be filed by wives (contested divorce) as in case decision Number 2709/Pdt.G/2022/PA.Sda. In the petitum of this decision, the wife asked the court to terminate her marriage with her husband and stipulate that custody of her three children be given to the wife as the mother. However, based on the decision uploaded on the official website of the Supreme Court's Directory of Decisions, there does not appear to be any consideration or decision regarding the custody rights. The absence of legal considerations and decisions regarding custody of the three children may occur due to 2 (two) factors, namely technical factors and administrative factors. Divorce does not eliminate parental obligations as a form of protection of children's rights, such as a father's obligation to support his child. So that when the father does not comply with the court's decision in providing for the child, the mother can use family or litigation methods. The research method used is normative legal research (normative juridical) or also called library law research.
ANALISIS YURIDIS PENETAPAN STATUS ANAK ANGKAT YANG TELAH BERUSIA DEWASA (STUDI PENETAPAN PENGADILAN NOMOR PERKARA: 0486/Pdt.P/2020/PA.Bwi) Nurillah Harry Putri; Sulistiyantoro, Hariyo
Lex Journal: Kajian Hukum & Keadilan Vol 6 No 2 (2022): December
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (363.484 KB) | DOI: 10.25139/lex.v6i2.5268

Abstract

This normative legal research examines the Determination of the Banyuwangi Religious Court Number: 0486/Pdt.P/2020/Pa.Bwi granted the request for the determination of the status of an adopted child submitted by an adopted child who was 41 years old after both his adoptive parents died. The purpose of this study is to determine the basis of the judge's considerations and the legal consequences. The data sources were obtained from literature studies and interviews. This research uses a descriptive qualitative data analysis method. From the results of the study, it was concluded that Determination Number: 0486/Pdt.P/2020/Pa.Bwi is not in accordance with Article 12 Paragraph (1) letter (a) PP Number 54 of 2007 concerning the Implementation of Child Adoption and Article 4 letter (a) and Minister of Social Affairs of the Republic of Indonesia Number: 110/HUK/2009 concerning Requirements for Adoption of Children. Considering that the judge in giving a decision cannot prioritize the legal certainty of regulation, but also considers justice and benefits for the parties concerned. The legal consequences of the stipulation are limited to civil relations in the case of mandatory wills.
Pergantian Nama di Pengadilan Negeri: Proses, Kendala dan Upaya dalam Implementasi Permohonan Raissa, Zaneta Izdihar; Sulistiyantoro, Hariyo
Jurnal Ilmiah Muqoddimah: Jurnal Ilmu Sosial, Politik dan Hummaniora Vol 9, No 4 (2025): November 2025
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jim.v9i4.2025.%p

Abstract

Penelitian ini membahas implementasi permohonan pergantian nama di Pengadilan Negeri Surabaya serta mengidentifikasi kendala dan upaya penanggulangannya. Permohonan pergantian nama merupakan hak hukum warga negara yang diatur dalam Pasal 52 Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan, yang mengharuskan adanya penetapan pengadilan sebagai dasar perubahan data kependudukan. Penelitian menggunakan metode yuridis empiris dengan pendekatan normatif dan sosiologis melalui studi dokumen, observasi, dan wawancara. Hasil penelitian menunjukkan bahwa mekanisme permohonan telah berjalan sesuai hukum, tetapi masih ditemui kendala seperti kurangnya pemahaman masyarakat, keterbatasan dokumen, dan hambatan administratif. Pengadilan Negeri Surabaya telah berupaya mengatasi hal tersebut dengan optimalisasi pelayanan PTSP, digitalisasi, serta penyediaan bantuan hukum. Studi kasus menunjukkan bahwa proses ini tidak hanya bersifat administratif, tetapi juga mencerminkan kebutuhan identitas personal yang sah secara hukum. Oleh karena itu, kolaborasi antara pengadilan, Dispendukcapil, dan masyarakat sangat penting untuk menciptakan pelayanan hukum yang efektif, adil, dan manusiawi.
GUGATAN PEMBATALAN LELANG TERHADAP JAMINAN HAK TANGGUNGAN DENGAN CESSIE MENURUT HUKUM PERBANKAN Novianti, Iswari; Sulistiyantoro, Hariyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.334

Abstract

Banking plays an important role in the global economy. Entrepreneurs often need quick funding to ensure their company's liquidity. However, defaults often occur when banks request an auction from Cessie, the ultimate solution to debt and credit problems. The risk of litigation is very high during auctions and sales. Litigation usually arises from individual dissatisfaction with the defense of contested collateral. The purpose of this study is to find out and analyze the legal remedies used in resolving the dispute  of the auction cancellation lawsuit with Cessie and in determining the value of  the auction object based on Appraisal. This research is an empirical research using qualitative analysis methods that obtain data through interviews and literature reviews and produce analytical and descriptive data. By analyzing  the Cessie auction mechanism  in  accordance with the policy of the State Savings Bank which caused a dispute in  the Surabaya District Court in decision Number 757 / Pdt.G / 2020 / PN SBY
PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGGUNAKAN SISTEM PEMBAYARAN PAYLATER MELALUI APLIKASI JUAL BELI ONLINE SHOPEE Dharmadji, Tazkira Pradika; Sulistiyantoro, Hariyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.340

Abstract

There is a discrepancy between Shopee's policy regarding refunds for transactions made using Shopee Paylater and what buyers expect. Shopee's policy states that refunds for Shopee Paylater transactions will be in the form of balances or limits on Shopee Paylater. However, buyers hope to receive a refund Back at Paylater's shopee limit. When a buyer wants to return an item and get a refund for a Shopee Paylater transaction, they must first open a mediation case in the Resolution Center. After the case is resolved, the buyer still has to pay the Shopee Paylater bill. However, the billed amount will be converted to credit in the buyer's Shopee Paylater account. This differs from what buyers expect, as they are unable to receive a refund to their original payment method. The type of research used in writing this thesis is normative legal research. due to find out the legal position of using Paylater legally and produce a conclusion that is relevant to existing legal theories. This research is a legal research with a conceptual approach. The result of this research is that shopee should consider allowing buyers to receive refunds back to their original payment method, rather than converting refunds into credits in their Shopee Pay Later accounts. Pay later services are useful services for both consumers and sellers. The government has enacted regulations to protect this type of transaction. Consumers must be smart in choosing e-commerce and fintech service providers for pay later services to avoid problems
PERLINDUNGAN HUKUM JUSTICE COLLABORATOR PADA TINDAK PIDANA NARKOTIKA DI POLRESTA SIDOARJO Abdillah, Moch. Fahmi; Sulistiyantoro, Hariyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.352

Abstract

In its implementation, the rules regarding justice collaborators are interpreted differently and appear to be trivialized by law enforcers, giving rise to uncertainty and the principle of legal certainty not being realized. This creates uncertainty and does not realize the principle of legal certainty, which in turn can affect the rights of justice collaborators. Violations of justice collaborators' rights can threaten their security. If violations like this continue to occur, the level of justice collaborators' trust in drug handling may decrease because they are reluctant and afraid to provide information to investigators. The SKB of the Minister of Law and Human Rights, the Attorney General, the Chief of Police, the Corruption Eradication Commission and the Chair of the LPSK was formed to avoid overlapping regulations in determining legal protection for perpetrators who become justice collaborators. However, the different perspectives of law enforcers regarding cooperating actors are what makes it difficult to obtain the rights of cooperating Justice Collaborators. This is also caused by a lack of understanding of the regulations regarding actors working together. So that opens up a gap for different views. One of the inhibiting factors in the implementation of providing protection for Justice Collaborators so far. The SKB of the Minister of Law and Human Rights, the Attorney General, the Chief of Police, the Corruption Eradication Commission and the Chair of the LPSK was formed to avoid overlapping regulations in determining legal protection for perpetrators who become justice collaborators. However, the different perspectives of law enforcers regarding cooperating actors are what makes it difficult to obtain the rights of cooperating Justice Collaborators. This is also caused by a lack of understanding of the regulations regarding actors working together. So that opens up a gap for different views. One of the inhibiting factors in the implementation of providing protection for Justice Collaborators so far
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA OUTSOURCING DI TINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA MENJADI UNDANG-UNDANG (STUDI KASUS PT. VALDO SUMBER DAYA MANDIRI) Gunandi, Jefri; Sulistiyantoro, Hariyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.364

Abstract

Enactment of Law Number 6 of 2023 concerning Determination of Regulations Government Replaces Law Number 2 of 2022 concerning Job Creation Becoming law brings several changes in the field of employment. One of the main points of this research is the protection of rights outsourced workers. In practice, the implementation of the Job Creation Law at PT. Valdo Sumber Daya Mandiri (PT. Valdo) is not running well. This is visible from the practice of unilateral termination of employment (PHK) of workers outsourcing that is not in accordance with the law, as well as discrimination not to work and not get a salary. This research uses the method normative juridical research with a statutory and regulatory approach case. Based on the research results, efforts are needed to improve legal protection for outsourced workers, especially at PT. Valdo. These efforts can be made through more socialization and law enforcement take firm action against violations that occur
TRANSAKSI JUAL BELI MELALUI APLIKASI FACEBOOK DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI TRANSAKSI ELEKTRONIK Syahputra, Moch. Rayhan Adityo; Sulistiyantoro, Hariyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.365

Abstract

deals that occur on Facebook Marketplace can be said to be legitimate. This is because the agreement fulfills the validity of the sale and purchase agreement, namely there is an agreement between the parties. So that agreements that occur on the Facebook Marketplace also have valid legal consequences with sales and purchase agreements in general. Article 1 number 2 of the Information and Electronic Transactions Law provides an understanding that electronic transactions are legal acts carried out using computers, computer networks and/or other electronic media. Based on Article 17 of the Information and Electronic Transactions Law, electronic transactions can be carried out in the public or private sphere. The Information and Electronic Transactions Law provides opportunities for the use of information technology by state officials, people, business entities or the public. The use of technology must be carried out well, wisely, responsibly, efficiently and effectively in order to obtain the greatest benefits for society. Article 20 of the Information and Electronic Transactions Law, Article 1458 of the Civil Code and Article 49 of the Government Regulations on the Implementation of Electronic Systems and Transactions are the basis for regulations regarding electronic buying and selling transactions via the Facebook Marketplace. Where in buying and selling transactions via Facebook Marketplace, an agreement between the seller and the buyer occurs when the seller sends an offer for goods and the buyer agrees to the offer