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All Journal Unes Law Review Safari : Jurnal Pengabdian Masyarakat Indonesia Journal of International Multidisciplinary Research Politika Progresif : Jurnal Hukum, Politik dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara
Hartoyo Hartoyo
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Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Analisis Putusan Nomor 394/Pdt.G/2021 Pn Smg Hukum Terhadap Tidak Terpenuhinya Prestasi Dalam Kontrak Perusahaan Dalam Bidang Jasa Konstruksi Baja Nabila Sahara Cahyaningsurya; Siti Marwiyah; Nur Handayati; Dudik Djaja Sidarta; Hartoyo Hartoyo
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.781

Abstract

This study aims to analyze the settlement of defaults in steel construction services projects between PT Indotrans Construction, PT Bima Agung, and PT Duta Mas, which are discussed in Decision Number 394/Pdt.G/2021 PN Smg. The research method used is a normative legal research method with statutory, case conceptual, and qualitative analysis approaches. The results of the study show that Decision Number 394/Pdt.G/2021 PN Smg is in accordance with the principles of contract law. The legal consequences experienced by PT Bima Agung and PT Duta Mas Indah as the defendants who were declared in default by the panel of judges were required to pay for the losses suffered by the plaintiffs.
Implementation of Labor Law in the Era of Industrial Revolution 4.0 - Challenges and Solutions Bachrul Amiq; Wahyu Prawesthi; Noenik Soekorini; Hartoyo Hartoyo; Sri Astutik
Journal of International Multidisciplinary Research Vol. 2 No. 10 (2024): Oktober 2024
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr912

Abstract

The Industrial Revolution 4.0 has drastically transformed global industries, introducing advanced technologies such as automation, artificial intelligence, and digitalization into the workplace. This rapid technological shift has presented significant challenges for labor laws, which are often designed for traditional work environments. This study explores the implementation of labor law in the context of the Industrial Revolution 4.0, analyzing the challenges faced by both employers and employees in adapting to these new technological advancements. Using a qualitative methodology, this research employs a juridical review of existing labor laws, supported by an in-depth case study examining how these laws are applied in technology-driven industries. The findings indicate that labor laws often lag behind the technological advances, leading to gaps in legal protections for workers and ambiguities in employer obligations. The case study highlights specific instances where current labor regulations fail to address issues related to remote work, job displacement due to automation, and workers' rights in the gig economy. Solutions are proposed to modernize labor laws, ensuring they are adaptable to future technological developments while safeguarding workers' rights. The study concludes that there is an urgent need for legal reforms to balance innovation with fair labor practices in the era of Industry 4.0.
Peradilan Pidana Anak di Indonesia: Analisis terhadap Perlindungan Dan Implementasi Upaya Diversi Aman Santoso; Hartoyo Hartoyo; Moh. Taufik
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 1 (2025): Maret: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i1.1337

Abstract

Juvenile criminal justice in Indonesia is an important aspect of the justice system that focuses on protecting the rights of children in conflict with the law. One of the efforts regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) is diversity, which aims to prevent children from the judicial process that can harm their future. This study aims to analyze the protection of children's rights in the criminal justice process, as well as the implementation of diversity in the juvenile criminal justice system in Indonesia. The method used in this study is a qualitative approach with descriptive analysis, through literature studies and interviews with various related parties, such as judges, prosecutors, and community counselors. The results of the study indicate that although there are efforts to protect children's rights in criminal justice, the implementation of diversity still faces a number of challenges, including a lack of understanding among law enforcement officers, limited facilities, and a mismatch between policies and practices in the field. This study suggests the need to increase the capacity of law enforcement officers and other stakeholders in understanding and implementing diversity efforts optimally, as well as the need for policy evaluation to improve the effectiveness of child protection in criminal justice.
Perlindungan Hukum Terhadap Anak sebagai Korban Tindak Pidana Pencabulan dan Persetubuhan Udin Nurkholis Huda; Hartoyo Hartoyo; Fitri Ayuningtyas
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 1 (2025): Maret : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i1.1340

Abstract

The crime of molestation and sexual intercourse against children is an act that violates social norms of politeness, religion and decency. Article 28b paragraph (2) of the 1945 Constitution of the Republic of Indonesia reads: "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination" The legal issue of this normative legal research: How is the criminal act of molestation and sexual intercourse against children regulated? What is the form of legal protection for children as victims of sexual acts and sexual intercourse? The crime of molestation is regulated in Articles 289 to 295 of the Criminal Code, Law No. 35 of 2014: It is an amendment to Law No. 23 of 2002 concerning Child Protection, which affirms the prohibition of violence or threats against children (Article 76E) and establishes prison sanctions of between 5 to 15 years for perpetrators (Article 82) and Law No. 12 of 2022 concerning the Crime of Sexual Violence. The form of legal protection for children as victims of criminal acts of molestation and sexual intercourse is Physical and Psychological Protection, Victims' children have the right to physical protection to ensure safety from the threat of the perpetrator, through the arrest of the perpetrator with sufficient preliminary evidence. Psychological protection is provided with rehabilitation, counseling, and psychosocial assistance during the legal process until recovery. 2. Confidentiality of the identity of the victim; 3. Legal and Social Assistance; 4. Restitution and Restoration of Rights; 5. Strict Law Enforcement.
Penguatan Kelembagaan Dalam Rangka Penyelengaraan Event Rintisan Desa Wisata Doplang Bambang Guritno; Sapto Supriyanto; Hartoyo Hartoyo
SAFARI :Jurnal Pengabdian Masyarakat Indonesia Vol. 3 No. 2 (2023): April : Jurnal Pengabdian Masyarakat Indonesia
Publisher : BADAN PENERBIT STIEPARI PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/safari.v3i2.837

Abstract

This study aims to describe efforts to strengthen village institutions in supporting development programs in Doplang Tourism Village. With the formulation of the problem in this study is how to model village institutional strengthening in supporting development programs in Doplang Tourism Village. This research is a descriptive qualitative research. Data collection methods in this study were literature studies, interviews, field observations, and taking photos/documentation with the data sources in this study using primary data and secondary data. The techniques used in data analysis are data reduction, data presentation, and drawing conclusions. If seen from the village institutional strengthening model, it has been actualized even though there are still institutions that are not well organized, but the success of the implementation of the development program in the Doplang Tourism Village is basically determined by the extent to which the commitment and consistency of village communities work together to build the village. We can see this in village competitions, why not holding village competitions, this should be a lesson for village elements to organize village communities.
Legal Review of Local Government Institutions in Papua under Government Regulation No. 106/2021 Billy Muskitta Bastian Erlando; Vieta Imelda Cornelis; Noenik Soekorini; Sri Astutik; Hartoyo Hartoyo
Journal of International Multidisciplinary Research Vol. 3 No. 9 (2025): September 2025
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr1368

Abstract

The Province of Papua holds a special constitutional status under Law No. 2 of 2021, implemented through Government Regulation (PP) No. 106 of 2021, which assigns 23 governmental functions to regional authorities. The regulation embodies asymmetric decentralization intended to protect the rights of Indigenous Papuans (OAP) and address local needs. However, it raises legal concerns regarding ambiguous authority distribution between central, provincial, and municipal levels, as well as the unclear operational role of the Papuan People’s Assembly (MRP). The main research problem is whether PP No. 106/2021 provides a coherent and constitutionally consistent governance framework. This study applies doctrinal legal research using normative-analytical methods, including statutory interpretation, constitutional tests, and comparative perspectives. The findings indicate weak accountability mechanisms in managing Special Autonomy Funds, limited integration of customary law, and institutional fragility in newly established bodies such as BP-DOP and UPAP. The study concludes that PP No. 106/2021 does not fully align with the constitutional principles of legal certainty and decentralization. It recommends substantial revisions, strengthening MRP’s legal status, formal recognition of customary law through Perdasus, and an institutional blueprint with clear performance indicators to ensure effective, inclusive, and adaptive governance in Papua
Fulfillment of the Right to Reduction of Prison Sentence for Drug Convicts Amas Madina; Hartoyo Hartoyo; Fathul Hamdani; Fitri Ayuningtyas; Siti Marwiyah
Journal of International Multidisciplinary Research Vol. 3 No. 9 (2025): September 2025
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr1375

Abstract

This study examines the fulfillment of remission rights for drug offenders in Indonesia following the enactment of Government Regulation No. 99 of 2012, which introduced restrictive provisions inconsistent with the rehabilitative vision of Law No. 12 of 1995. The research problem lies in the normative contradiction between correctional laws oriented toward behavioural reform and derivative regulations that prioritise punitive measures. The study aims to evaluate the implementation of remission regulations and their alignment with principles of justice and human rights. Employing a normative legal research design, it analyses statutes, judicial decisions, doctrines, and comparative law. Findings reveal that remission has shifted from a universal right to a conditional privilege, disproportionately affecting low-level drug offenders, exacerbating prison overcrowding, and weakening legal certainty. The study concludes that policy reform is necessary through individualised assessments, restorative justice integration, independent oversight, and regulatory harmonisation to restore fairness and uphold human rights.
Exoneration Clause in Freight Forwarding Agreements from the Perspective of Consumer Protection Indah Nuraini; Nur Handayati; Wahyu Prawesti; Hartoyo Hartoyo; Noenik Soekorini
Journal of International Multidisciplinary Research Vol. 3 No. 11 (2025): November 2025
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr1400

Abstract

Freight forwarding agreements in Indonesia frequently contain exoneration clauses that exempt logistics providers from liability for loss or damage, raising serious concerns regarding consumer protection. While such clauses are designed to manage contractual risk, they often conflict with the principles enshrined in Law No. 8 of 1999 on Consumer Protection (UUPK), particularly those ensuring fairness, good faith, and legal accountability. This study investigates the legality and ethical implications of exoneration clauses within standard-form freight forwarding contracts used by companies such as JNE, TIKI, and SiCepat. Employing a doctrinal legal research methodology, the study integrates statutory, conceptual, and case-based approaches to analyze primary legislation, judicial decisions, and relevant legal doctrines. It critically evaluates the use of these clauses in light of consumer rights, contract theory, and the economic impact on service quality. Findings reveal that exoneration clauses not only contravene the UUPK but also create systemic contractual imbalances due to the lack of negotiation opportunities and transparency. The study proposes a normative legal framework for reform, including clause classification, interactive consent mechanisms, and regulatory enforcement to ensure contractual fairness. This research contributes to both legal scholarship and policy development by highlighting the urgent need for doctrinal clarity and regulatory oversight in Indonesia's logistics sector.
Co-Authors Ali Ashar Aman Santoso Amas Madina Bachrul Amiq Bambang Guritno Billy Muskitta Bastian Erlando Dudik Djaja Sidarta Fathul Hamdani Fitri Ayuningtyas Indah Nuraini MOH. TAUFIK Mustain Mustain Nabila Sahara Cahyaningsurya Noenik Soekorini Nur Handayati Sapto Supriyanto Siti Marwiyah Siti Marwiyah Sri Astutik Udin Nurkholis Huda Vieta Imelda Cornelis Wahyu Prawesthi Wahyu Prawesti