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All Journal JURNAL HUKUM JURNAL MAGISTER HUKUM UDAYANA Lentera Hukum JURNAL LITIGASI (e-Journal) Jurnal Komunikasi Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Akta Jurnal Wawasan Yuridika Nagari Law Review Jurnal Hukum Samudra Keadilan ADLIYA: Jurnal Hukum dan Kemanusiaan MIZAN, Jurnal Ilmu Hukum JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Prosiding National Conference for Community Service Project Journal of Law and Policy Transformation Legalitas: Jurnal Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA Ganesha Law Review JURNAL USM LAW REVIEW Legal Spirit ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum Jurnal Komunitas Yustisia JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Journal of Judicial Review AMNESTI : Jurnal Hukum Batulis Civil Law Review YURISDIKSI : Jurnal Wacana Hukum dan Sains BHIRAWA LAW JOURNAL Jurnal Hukum Pelita Al-Istinbath: Jurnal Hukum Islam SASI Lex Scientia Law Review International Law Discourse in Southeast Asia
Rusdiana, Shelvi
Universitas Internasional Batam
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Optimalisasi Sertifikasi Kesehatan Hewan untuk Karantina Produk Hewan di Kota Batam Agustini, Shenti; Rusdiana, Shelvi; Sitompul, Grace Margareth Petricia
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.3066

Abstract

This study delves into the pivotal role of animal health certification in overseeing animal quarantine in Batam City and its profound impact on the local animal product industry. Positioned as Indonesia's economic and industrial hub, Batam City has witnessed rapid growth in the animal product sector. Animal health certification significantly contributes to upholding the quality and safety of animal products in the region, addressing not only regulatory compliance but also considerations for environmental sustainability, human health, consumer trust, and adherence to regulations like Law Number 18 of 2009 regarding Livestock and Animal Health. The research aims to elucidate the urgency and relevance of animal health certification, pinpoint relevant regulations, and expound on the implications of certification within the contexts of animal health, consumer safety, and the trade of animal products in Batam City. The ramifications of animal health certification in Batam City are highly noteworthy, fostering heightened consumer confidence in animal products. Employing the normative legal research method with literature as the primary approach, the findings reveal administrative challenges and logistical hurdles in implementing animal health certification, proposing improvement measures for system efficiency to support the overarching goals of animal health, food safety, and community well-being.
Efektivitas Perlindungan Atas Upah Sebagai Hak Tenaga Kerja Outsourcing di Kota Batam Rusdiana, Shelvi; Jaya, Febri; Simatupang, Evlyn Grace
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.2920

Abstract

Outsourcing is a practice in the business world that has emerged since the late 80s and has become the main business strategy in a climate of increasingly fierce competition. Defined as a process of outsourcing or moving or buying up business activities to third parties, the main and foremost purpose of outsourcing is to save production costs. The purpose of this study is to determine the effectiveness of wage protection for outsourced labor rights in Batam and to find out how outsourced labor in practice in the field. This research uses empirical legal research methods using qualitative descriptive research types. The results of this study show that legal protection of wages as labor, especially the protection of the rights of outsourced labors in Batam, has not been optimal or effective. This is evidenced by the large number of outsourced labor workers who do not get their rights, especially not getting a decent salary. Outsourcing labor has created exploitative, discriminatory, degradative and fragmentative working conditions and is effective at weakening the power of trade unions. Such a situation needs to be corrected so that there is a balance between the interests of workers, employers and the government. The government is the main actor that must play a role in creating this balance. Regulatory factors in the form of laws and regulations made are very open to diversity of interpretations, very weak law enforcement, lack of quality and number of officers disnakertrans, unbalanced bargaining position of unions against employers. Another important condition that also causes labor losses is the lack of health insurance, work injury insurance, retirement insurance, old age insurance have not been established as tools to safeguard outsourced labors.
Implementasi Pembangunan Infrastruktur Kota Batam dalam Rangka Pengembangan Sebagai Kawasan Ekonomi Khusus (KEK) Tan, Winsherly; Rusdiana, Shelvi; Maryto S, Bella Oktavia
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3509

Abstract

Indonesia's diversity can become a magnet in itself to attract domestic and foreign tourists to enjoy the beauty of Indonesia itself. In the era of President Joko Widodo's administration, he planned the National Long Term Development Plan (RPJPN) through the Vision and Mission of the Development Priority Agenda as stated in the 1945 Constitution of the Republic of Indonesia No. 17/2007 concerning National Development for 2005-2025 Long Term Development Plan. The spearhead is aimed at development, especially regional development, to reduce the development gap between developing regions and underdeveloped regions in Indonesia by accelerating and leveling regional development. The author uses an empirical method for the effectiveness of the Implementation of Batam City Infrastructure Development in the Context of Development as a Special Economic Zone (KEK) through the observation method. In conclusion, the infrastructure for Special Economic Zones (KEK), then improving the One Single Submission (OSS) system, and increasing Human Resources which is the solution to the strategic problems experienced by each Special Economic Zone (KEK), as well as several other things that are expected by the Batam economy can experience a further significant increase, the public can feel it.
Blasphemy Laws and Their Implications for Religious Freedom and Expression: A Tri-Country Southeast Asian Perspective Situmeang, Ampuan; Rusdiana, Shelvi; Trinh, Hien; Agustianto, Agustianto; Tan, Winsherly
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.1.156-170

Abstract

Blasphemy laws, while deemed important by some in protecting religious beliefs and practices, can have implication of conflicts with human rights. Utilizing comparative legal research method, this research aims to analyze how blasphemy laws in Indonesia and Thailand affect freedom of expression and religion. Findings of this study highlight the interplay between blasphemy laws, freedom of expression, and freedom of religion. This study also highlights the existing legal norms within relevant positive laws in Indonesia, Thailand, and Vietnam, that have implication of conflicts with freedom of expression and freedom of religion. Indonesia presents the most complex conflict between these human rights, while Thailand, despite offering greater freedom of expression, normatively falls short in religious freedom due to its preferential treatment of Buddhism and its clergy. Vietnam has the least implication of conflicts, as it only governs the prohibition against profaning a religion, which is significantly different than what constitutes as blasphemy, and allowing little to no room for multi interpretation.
Mitigating Human Rights Violations: A Critical Examination of Excessive Overtime Practices in the Workplace Isnaini, Nurun; Rusdiana, Shelvi; Tan, Winsherly
Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i2.8871

Abstract

In the pursuit of project goals, expediting implementation time is crucial. This study delves into the prevalent use of overtime work as a means to accelerate projects, particularly in industries striving to meet production targets. Despite government regulations stipulating permissible durations for overtime, numerous companies exceed these limits, leading to labor-related violations that infringe upon human rights. This research, employing a normative doctrinal approach, explores the impact of exceeding specified overtime limits on human rights. Recognizing human rights as fundamental and universal, the study advocates for their impartial application to all workers, irrespective of their employment status. Addressing violations through comprehensive discussions and interventions is imperative to foster a workplace that upholds the principles of non-discrimination and respects fundamental human rights.
Rethinking Indonesian Anti-Money Laundering Laws in the Age of Online Gaming Economies Rusdiana, Shelvi; Tantimin; Fitri, Winda
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.24422

Abstract

Indonesia’s Anti-Money Laundering (AML) laws were originally designed to combat traditional financial crimes; however, the rise of virtual items in online gaming economies presents new challenges. This study aims to assess whether the current legal framework is equipped to address the use of virtual items in money laundering activities. Utilizing a normative legal research method and a statutory approach, the research draws on secondary data from Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, sourced from Indonesian legal databases. The data are analyzed descriptively to evaluate their relevance to digital economies. The findings reveal that while the AML Law provides a basic framework, it requires further development to specifically address the role of virtual assets and gaming platforms in money laundering. This study proposes legal reforms, including clearer definitions of virtual assets and amendments to impose liability on gaming developers, with the aim of enhancing Indonesia's regulatory framework to address emerging threats.
Konstruksi Pertimbangan Hakim: Pengakuan Identitas Jenis Kelamin Seorang Transgender Dalam Fase Sintonik Tan, Winsherly; Rusdiana, Shelvi; Simanjuntak, Elisa Nilla Sari
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.199-211.2023

Abstract

The societal stance on transgender individuals elicits various reactions, ranging from acceptance to rejection. This, in turn, has a significant impact on the discriminatory treatment that gender reassignment applicants receive from the community. Generally, individuals who seek gender reassignment do so due to discomfort with their gender identity. As such, transgender individuals strive to assert their right to change their gender. In Indonesia, the legal basis for gender reassignment is not positive, as there is no specific regulation governing gender reassignment. However, Article 56 of Law Number 24 of 2013, which amends Law Number 23 of 2006 concerning Population Administration, indirectly provides an opportunity for transgender individuals to apply for a change in their gender status through a court decision. Essentially, judges cannot dismiss a case due to a lack of legal basis and must instead create laws by exploring the existing laws in society. This is what is referred to as "judge-made law." The recognition of transgender individuals' gender identity in the Wates District Court provides a legal basis for gender identity rights. This research uses a normative research method with a legislative and conceptual approach. Qualitative research data is used to collect literature study data. The research aims to determine the legal basis for the Wates District Court's consideration in determining gender reassignment cases and to analyze the case's decision based on the legal basis's value. The study's results show that the Wates District Court considers the applicant's background, physical and psychological condition, and request for sex reassignment when determining gender reassignment cases.
Revitalizing Intellectual Property Rights in Indonesia: A Maqasid al-Sharia Perspective on Communal Ownership Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Silviani, Ninne Zahara; Rusdiana, Shelvi; Febriyani, Emiliya
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.11039

Abstract

Indonesia's diverse cultural heritage significantly contributes to its economic growth, yet the current intellectual property system, based on Western principles, may not fully align with the country's cultural values. This research aims to enhance the legal framework for Indonesia’s communal intellectual property (CIP), by exploring the potentials brought by of Islamic law, particularly Maqasid al-Shariah. For this purpose, this research utilizes the normative legal research method, analyzing relevant norms within existing laws and Islamic legal doctrines, revealing conceptual correlations between Maqasid al-Shariah and CIP. This research also aims to addresses the common misconceptions regarding Maqasid al-Shariah is crucial for effectively utilizing Islamic law principles in Indonesia's legal system. The analysis demonstrates that communal intellectual property aligns with both Western IP principles and Islamic values, as it recognizes the importance of community welfare and individual benefits. Integrating Maqasid al-Shariah values into Indonesia's CIP legal framework can promote a more inclusive, equitable system that respects collective knowledge and cultural heritage while fostering innovation and creativity.
Indonesia vs. Thailand: Legal Challenges in Sustainable Agriculture Ampuan Situmeang; Nipon Sohheng; Ninne Zahara Silviani; Shenti Agustini; Shelvi Rusdiana
JURNAL AKTA Vol 11, No 3 (2024): September 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i3.38355

Abstract

Agriculture, as a significant contributor to carbon emissions and climate change, needs to not only change its ways to a more sustainable practice but also revisit what has long been considered conventional agriculture practices to support sustainable development. This requires a comprehensive legal framework to ensure that the transition to sustainable agriculture is supported by structured and streamlined legal compliance that can balance stakeholders’ interests. Employing the comparative legal research method, this study aims to analyze the potentials and challenges of applying sustainability in agriculture, using the comparison between Indonesia and Thailand. The findings of this study suggest that Indonesia’s legal framework for sustainable agriculture, focusing on its single Sustainable Agriculture Law, is more comprehensive than Thailand’s multiple regulations, effectively supporting sustainability across various agricultural processes. This framework aligns well with SDGs 2, 12, 13, and 15, which are crucial for agricultural sustainability. Conversely, Thailand faces challenges due to normative gaps and requires a more unified legal framework to address these SDGs adequately.
PERBANDINGAN PENGATURAN PENGELOLAAN EKOSISTEM PASCATAMBANG DI KEPULAUAN RIAU DAN JAMBI MANA YANG LEBIH BAIK Verensia; Shelvi Rusdiana; Rufinus Hotmaulana Hutauruk
Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v10i2.93268

Abstract

This study aims to analyze the comparison of legal regulations on post-mining ecosystem management in Riau Islands and Jambi, with a focus on SDGs 15, which addresses the preservation of terrestrial ecosystems. The research questions explore how the legal framework for post-mining management is regulated in Indonesia and how it compares between the two provinces. The findings show that Riau Islands does not have a regional regulation that specifically governs post-mining management, while Jambi has a regional regulation addressing this issue. The research adopts a juridical-normative approach, analyzing applicable regulations at both the national and regional levels related to sustainable post-mining ecosystem management. The data sources include primary legal materials such as the Omnibus Law, the Mineral and Coal Law, the Environmental Protection and Management Law, the Post-Mining Reclamation Government Regulation, and other relevant regulations. Secondary data, including books, journals, and related studies, were also utilized. Data collection was carried out through library research, with data analysis using a juridical-qualitative method. The results of this study are expected to provide recommendations for improving post-mining ecosystem management regulations that support the preservation of sustainable terrestrial ecosystems in line with SDGs 15, particularly for provinces like Riau Islands, which lack specific regional regulations.
Co-Authors Abdurrakhman Alhakim Adiyanto Adiyanto Agustianto Agustianto, Agustianto Agustini, Shenti Alhakim, Abdurrakhman Alvin Andrianto Anggia Putri, Windi Regina Anggresca, Risella Vini Anggriawan, Rizaldy Arroyan, Kharisma Nur Azizah Daniella Natasha Disemadi, Hari Sutra Divia, Felysha Putri Elisa Nilla Sari Simanjuntak Elza Syarief, Elza Febriyani, Emiliya Fiona Vivian Fitri, Winda Hieu, Le Ho Trung Hutauruk, Rufinus Hotmaulana Isnaini, Nurun Jaya, Febri Joy Christian Tedjo Karo Karo, Rizky Pratama Putra Ling, Suryani Maryto S, Bella Oktavia muhammad fikri Nipon Sohheng NURLAILY, NURLAILY Ratna Kumala Sari Razak, Siti Suraya Abd Rivaldo Fariadi Ivanda Saefudin, Yusuf Sholahuddin Al-Fatih Silviani, Ninne Zahara Silviani, Ninne Zahra Simanjuntak, Elisa Nilla Sari Simatupang, Evlyn Grace Sitompul, Grace Margareth Petricia Situmeang, Ampuan Sohheng, Nipon Sri Zanariyah Tan, David Tan, Winsherly Tantimin Triana Dewi Seroja Trinh, Hien Verensia Windi Afdal, Windi